(C) to foster reforestation or other recov-
ery of the damaged Federal land; and 
(D) to achieve the goals and objectives of 
the applicable land and resource management 
plan. 
(2) A preliminary determination of any cata-
strophic event research projects that best fit the cir-
cumstances of the particular catastrophic event envi-
ronment or would enhance scientific understanding 
relevant to the damaged area. 
(3) A catastrophic event recovery proposal con-
taining possible catastrophic event recovery projects 
and catastrophic event research projects for the 
damaged area and describing the anticipated size 
and scope of these projects. 
(4) One or more maps detailing the area of 
damaged Federal land and the location of cata-
strophic event recovery proposals. 
(5) A preliminary estimate of the funding that 
would be needed to complete the catastrophic event 
recovery projects and catastrophic event research 
projects contained in the catastrophic event recovery 
proposal. 
(6) A preliminary estimate of the receipts to be 
derived from the catastrophic event recovery projects
and catastrophic event research projects contained in 
the catastrophic event recovery proposal. 
(7) A preliminary schedule showing the timing 
of possible catastrophic event recovery projects and 
catastrophic event research projects by fiscal year, 
assuming funding is available to undertake the 
projects. 
(d) USE OF PRE-APPROVED MANAGEMENT PRAC-
TICES OR ALTERNATIVE ARRANGEMENTS.— 
(1) DETERMINATION.—In addition to com-
plying with the requirements specified in subsection 
(c) for each catastrophic event recovery evaluation, 
the Secretary concerned shall make a determination 
of— 
(A) whether or not any pre-approved man-
agement practices can be immediately imple-
mented under section 104 to facilitate the cata-
strophic event recovery of the area covered by 
the catastrophic event recovery evaluation; and 
(B) whether or not any catastrophic event 
recovery project or catastrophic event research 
project, or portion of such a project, contained 
in the catastrophic event recovery proposal 
should be developed and carried out using the
alternative arrangements authorized by section 
105. 
(2) FACTORS.—In making any determination 
under paragraph (1)(B) to develop and carry out a 
catastrophic event recovery project or catastrophic 
event research project, or portion of such a project, 
using alternative arrangements under section 105, 
the Secretary concerned shall consider at a min-
imum the following: 
(A) The necessity of promptly responding 
to the catastrophic event on the damaged Fed-
eral land. 
(B) The recovery needs and opportunities 
identified under subsection (c)(1) with respect 
to the damaged Federal land. 
(C) The lack of pre-approved management 
practices applicable to the damaged Federal 
land. 
(D) The threat to public health and safety. 
(E) The likelihood of substantial loss of 
adjacent private and public property or other 
substantial economic losses. 
(3) NOTIFICATION
AND
CONSULTATION.—The 
Secretary concerned shall make the determinations 
under paragraph (1) after notification of and in con-
sultation with the Council on Environmental Qual-
ity, but the determination remains in the sole discre-
tion of the Secretary. 
(e) INTERDISCIPLINARY APPROACH.—To conduct the 
catastrophic event recovery evaluation of an area of Fed-
eral land damaged by a catastrophic event, the Secretary 
concerned shall use a systematic, interdisciplinary ap-
proach that insures the integrated use of appropriate nat-
ural and social sciences. 
(f) COORDINATION WITH OTHER ACTIVITIES.—The 
Secretary concerned may combine the preparation of a 
catastrophic event recovery evaluation of Federal land 
with the preparation of a landscape assessment for non- 
Federal land in the vicinity of the damaged Federal land 
prepared under subtitle B of title II or subsection (c) of 
section 10A of the Cooperative Forestry Assistance Act 
of 1978 (16 U.S.C. 2106c), as added by section 201. 
(g) PUBLIC COLLABORATION.—To encourage mean-
ingful participation during the preparation of catastrophic 
event recovery projects, the Secretary concerned shall fa-
cilitate collaboration among State and local governments, 
Indian tribes, land-grant colleges and universities, and in-
terested persons during the preparation of catastrophic 
event recovery evaluations and catastrophic event recovery 
proposals.
(h) PUBLIC NOTICE.— 
(1) NOTICE OF EVALUATION.—The Secretary 
concerned shall provide public notice of each cata-
strophic event recovery evaluation, including the cat-
astrophic event recovery proposal prepared as part 
of the evaluation. The notice shall be provided in a 
form determined to be appropriate by the Secretary 
concerned, such as publication in the Federal Reg-
ister. 
(2) NOTICE OF PUBLIC MEETINGS.—The Sec-
retary concerned shall provide notice of public meet-
ings conducted in connection with a catastrophic 
event recovery evaluation and the availability of pre-
liminary analyses or documents prepared as part of 
the evaluation. The notice shall be provided at such 
times and in such a manner as the Secretary con-
cerned considers appropriate. 
SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT. 
(a) COMPLIANCE REQUIRED.—Except as provided in 
subsection (b), the Secretary concerned shall comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.), its implementing regulations, and other ap-
plicable laws in designing and conducting catastrophic
event recovery projects and catastrophic event research 
projects. 
(b) SATISFACTION OF NEPA REQUIREMENTS.—The 
list of pre-approved management practices prepared under 
subsection (a) of section 104, the use of pre-approved 
management practices in the manner provided in such sec-
tion as part of the catastrophic event recovery of an area 
of Federal land damaged by a catastrophic event, and the 
use of alternative arrangements in the manner provided 
in section 105 to design or conduct a catastrophic event 
recovery project or catastrophic event research project, or 
portion of such a project, are deemed to satisfy the re-
quirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332 et seq.) and its imple-
menting regulations. 
SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MAN-
AGEMENT PRACTICES. 
(a) LIST OF AVAILABLE PRE-APPROVED MANAGE-
MENT PRACTICES.— 
(1) PREPARATION
OF
LIST.—The Secretary 
concerned shall prepare a list of management prac-
tices that may be immediately implemented as part 
of a catastrophic event recovery project or cata-
strophic event research project to facilitate the cata-
strophic event recovery of an area of Federal land 
damaged by a catastrophic event. 
(2) RULE MAKING.—The list of pre-approved 
management practices shall be prepared using notice 
and comment rule making under section 553 of title 
5, United States Code. 
(3) PEER REVIEW REQUIRED.—Before a man-
agement practice may be included on the list of pre- 
approved management practices, the management 
practice shall be subject to independent peer review 
by scientific and land management experts. The re-
sults of the review shall be available to the public 
during the comment period. 
(4) REVISION OR AMENDMENT.—The Secretary 
concerned may amend or revise the list of pre-ap-
proved management practices as necessary whenever 
new scientific and managerial information becomes 
available. Paragraphs (2) and (3) shall apply to the 
amendment or revision process. 
(b) USE OF PRE-APPROVED MANAGEMENT PRAC-
TICES.—Until the end of the two-year period beginning 
on the date on which the catastrophic event recovery eval-
uation is completed for an area of Federal land damaged 
by a catastrophic event, the Secretary concerned may im-
plement and carry out pre-approved management prac-
tices to facilitate the catastrophic event recovery of the 
area. 
(c) EFFECT OF TERMINATION OF PERIOD.—After 
the expiration of the applicable time period under sub-
section (b), a pre-approved management practice may not 
be initiated under the authority of such subsection for an 
area of Federal land damaged by a catastrophic event. 
Any pre-approved management practice initiated before 
the date of the expiration of the applicable time period 
may not be continued after that date. 
(d) USE FOR CERTAIN ACTIVITIES PROHIBITED.— 
(1) ROAD
CONSTRUCTION.—A pre-approved 
management practice may not authorize any perma-
nent road building. Any temporary road constructed 
as part of a pre-approved management practice shall 
be obliterated upon conclusion of the practice and 
the road area restored to the extent practicable. 
(2) TIMBER HARVESTING.—Timber harvesting 
carried out as part of a pre-approved management 
practice shall be limited to trees— 
(A) that are already down, dead, broken, 
or severely root sprung; 
(B) regarding which mortality is highly 
probable within five years after the end of the 
catastrophic event; or
(C) that are required to be removed for 
worker or public safety. 
(e) REQUIRED CONSULTATION.— 
(1) ESA CONSULTATION.—In the case of the 
proposed use of a pre-approved management practice 
under subsection (b), the Secretary concerned may 
use the emergency procedures described in section 
402.05 of title 50, Code of Federal Regulations, to 
comply with section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536). At the conclusion of 
the consultation, the statement required by sub-
section (b)(4) of such section shall be issued for any 
incidental taking that may occur while using the 
pre-approved management practice, which shall be 
effective beginning on the date the Secretary con-
cerned initiates the practice and shall apply to all 
persons assisting or cooperating with the Secretary 
in using the practice. 
(2) OTHER
REQUIRED
CONSULTATION.—Any 
consultation required under other laws, such as the 
National Historic Preservation Act (16 U.S.C. 470 
et seq.) or the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), may proceed simulta-
neously with the implementation of a pre-approved 
management practice. Results of consultation shall
be immediately incorporated into the practice, to the 
extent feasible, practical, and consistent with the re-
sponse, recovery, and rehabilitation objectives of the 
project. 
(f) ISSUANCE OF DECISION DOCUMENT.—Not later 
than 30 days after the date on which the Secretary con-
cerned makes the determination under section 102(d) to 
use a pre-approved management practice to facilitate the 
catastrophic event recovery of an area of Federal land 
damaged by a catastrophic event, the Secretary concerned 
shall issue a concise decision document that contains— 
(1) a description of the pre-approved manage-
ment practice to be implemented; 
(2) the rationale for the agency decision; 
(3) an economic analysis and justification; and 
(4) an analysis of the environmental effects of 
the pre-approved management practice and how 
such effects will be minimized or mitigated con-
sistent with the applicable land and resource man-
agement plan. 
(g) IMMEDIATE IMPLEMENTATION.—The Secretary 
concerned shall implement a pre-approved management 
practice immediately after the issuance of the decision 
document under subsection (f), subject only to the avail-
ability of funds for the practice.
(h) MONITORING.—To monitor the implementation of 
a pre-approved management practice, the Secretary con-
cerned may establish a third-party monitoring group, as 
determined to be appropriate by the Secretary. 
SEC. 105. AVAILABILITY AND USE OF ALTERNATIVE AR-
RANGEMENTS. 
(a) LIMITED CONSIDERATION OF ALTERNATIVES.— 
If the Secretary concerned determines under section 
102(d) to utilize alternative arrangements to conduct a 
catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, the Sec-
retary concerned is not required to study, develop, or de-
scribe more than the proposed agency action and the alter-
native of no action in designing that project or the portion 
of the project for which the alternative arrangements are 
utilized. 
(b) USE FOR CERTAIN ACTIVITIES PROHIBITED.— 
(1) ROAD
CONSTRUCTION.—Alternative ar-
rangements under this section may not be used to 
design or conduct a catastrophic event recovery 
project or catastrophic event research project, or 
portion of such a project, that provides for any per-
manent road building. Any temporary road con-
structed as part of the project shall be obliterated
upon completion of the project and the road area re-
stored to the extent practicable. 
(2) TIMBER HARVESTING.—Timber harvesting 
carried out as part of a catastrophic event recovery 
project or catastrophic event research project, or 
portion of such a project, for which alternative ar-
rangements under this section were used shall be 
limited to trees— 
(A) that are already down, dead, broken, 
or severely root sprung; 
(B) regarding which mortality is highly 
probable; or 
(C) that are required to be removed for 
worker or public safety. 
(c) REQUIRED CONSULTATION.— 
(1) ESA CONSULTATION.—In the case of a cat-
astrophic event recovery project or catastrophic 
event research project, or portion of such a project, 
for which alternative arrangements under this sec-
tion are used, the Secretary concerned may use the 
emergency procedures described in section 402.05 of 
title 50, Code of Federal Regulations, to comply 
with section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536). At the conclusion of the 
consultation, the statement required by subsection
(b)(4) of such section shall be issued for any inci-
dental taking that may occur under the project, 
which shall be effective beginning on the date the 
Secretary concerned initiates action under the 
project and shall apply to all persons assisting or co-
operating with the Secretary under the project. 
(2) OTHER
REQUIRED
CONSULTATION.—Any 
consultation required under other laws, such as the 
National Historic Preservation Act (16 U.S.C. 470 
et seq.) or the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), may proceed simulta-
neously with the design of a catastrophic event re-
covery project or catastrophic event research project, 
or portion of such a project, for which alternative ar-
rangements under this section are used. Results of 
consultation shall be immediately incorporated into 
the project, to the extent feasible, practical, and con-
sistent with the response, recovery, and rehabilita-
tion objectives of the project. 
(d) COMPLETION OF ALTERNATIVE ARRANGEMENTS 
AND ISSUANCE OF DECISION DOCUMENT.—Not later than 
90 days after the date on which the Secretary concerned 
makes the determination under section 102(d) to develop 
and carry out a catastrophic event recovery project or cat-
astrophic event research project, or portion of such a
project, using alternative arrangements, the Secretary 
concerned shall— 
(1) complete the alternative arrangements for 
that catastrophic event recovery project or cata-
strophic event research project, or portion thereof, 
under this section; and 
(2) issue a concise decision document that con-
tains— 
(A) the rationale for the agency decision; 
(B) an economic analysis and justification; 
and 
(C) an analysis of the environmental ef-
fects of the project and how such effects will be 
minimized or mitigated consistent with the ap-
plicable land and resource management plan. 
(e) IMMEDIATE IMPLEMENTATION.—In the case of a 
catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, for which 
the alternative arrangements authorized by this section 
are used, the Secretary concerned shall implement the 
project, or portion of the project, immediately after the 
issuance of the decision document under subsection (d), 
subject only to the availability of funds for the project. 
(f) MONITORING.—To monitor a catastrophic event 
recovery project or catastrophic event research project, or
portion of such a project, for which the alternative ar-
rangements authorized by this section were used, the Sec-
retary concerned may establish a third-party monitoring 
group, as determined to be appropriate by the Secretary. 
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW GENERALLY.—Except 
as provided in subsection (b), nothing in this title af-
fects— 
(1) the notice, comment, and appeal require-
ments of section 322 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1993 
(Public 102–381; 16 U.S.C. 1612 note) and section 
215 of title 36, Code of Federal Regulations; or 
(2) the consideration or disposition of any legal 
action brought with respect to such requirements. 
(b) PREDECISIONAL ADMINISTRATIVE REVIEW.— 
The predecisional administrative review process estab-
lished by the Secretary of Agriculture by regulation under 
section 105 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6515), and the Department of the Inte-
rior administrative hearings and appeals procedures re-
ferred to in subsection (c)(1)(B) of such section, shall 
serve as the sole means by which a person can seek admin-
istrative review regarding—
(1) the proposed use of a pre-approved manage-
ment practice under section 104; or 
(2) a catastrophic event recovery project or cat-
astrophic event research project, or portion of such 
a project, for which the alternative arrangements 
under section 105 are used. 
(c) JUDICIAL REVIEW.—Section 106 of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6516) shall 
apply with respect to the implementation of a pre-ap-
proved management practice under section 104 or a cata-
strophic event recovery project or catastrophic event re-
search project regarding which the applicable administra-
tive review process has been exhausted. In any proceeding 
for judicial review of agency action under this subsection, 
attorney fees awarded to a prevailing party may not ex-
ceed the hourly rates established in section 3006A of title 
18, United States Code. 
SEC. 107. GUIDANCE REGARDING REFORESTATION IN RE-
SPONSE TO CATASTROPHIC EVENTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary concerned shall— 
(1) standardize the collection, reporting, and re-
view procedures for data regarding more aggressive, 
expedited, and comprehensive reforestation in re-
sponse to catastrophic events by clarifying agency-
wide guidance and developing standard protocols for 
determining when and how reforestation can be best 
achieved as part of the response to catastrophic 
events; and 
(2) clarify agency-wide guidance regarding re-
forestation in response to catastrophic events to en-
sure that such guidance is consistent with agency 
goals and budget constraints. 
SEC. 108. EFFECT OF TITLE. 
(a) USE OF OTHER AUTHORITIES.—Nothing in this 
title affects the use by the Secretary concerned of other 
statutory or administrative authority, including categor-
ical exclusions adopted to implement the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
to conduct a catastrophic event recovery project or cata-
strophic event research project, or portion of such a 
project, that is not conducted using the alternative ar-
rangements authorized by section 105. 
(b) ADVISORY COMMITTEES.—The Federal Advisory 
Committee Act (5 U.S.C. App.) and title XVIII of the 
Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) 
shall not apply to— 
(1) the independent peer review provided by sci-
entific and land management experts under section 
101(b);
(2) the monitoring process under section 104(h) 
or 105(f); and 
(3) the preparation of a catastrophic event re-
covery evaluation or catastrophic event recovery pro-
posal. 
TITLE 
II—RESTORING 
LAND-
SCAPES AND COMMUNITIES 
IMPACTED BY CATASTROPHIC 
EVENTS 
Subtitle A—Cooperative Forestry 
Assistance Act of 1978 
SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY 
ASSISTANCE ACT OF 1978 TO RESTORE LAND-
SCAPES AND COMMUNITIES AFFECTED BY 
CATASTROPHIC EVENTS. 
(a) ASSISTANCE AUTHORIZED.—Section 10A of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
2106c) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) RESPONSE TO CATASTROPHIC EVENTS AFFECT-
ING NON-FEDERAL LANDS.—
‘‘(1) LANDSCAPE
ASSESSMENTS.—The Sec-
retary may cooperate with an eligible entity, at the 
request of the eligible entity, in the preparation of 
a landscape assessment for non-Federal lands af-
fected by a catastrophic event. The Secretary may 
combine the preparation of a landscape assessment 
with the preparation of a catastrophic event recovery 
evaluation under title I of the Emergency Forest Re-
search and Reforestation Act regarding Federal land 
in the vicinity of the damaged non-Federal land. 
‘‘(2) COMMUNITY
ASSESSMENTS.—The Sec-
retary may cooperate with an eligible entity affected 
by a catastrophic event, at the request of the eligible 
entity, to assist in the preparation of a community 
wildfire protection plan or related plan. 
‘‘(3) TYPES
OF
ASSISTANCE.—The Secretary 
concerned may provide technical and financial cost- 
share assistance to an eligible entity— 
‘‘(A) to assist in the preparation of a land-
scape assessment under paragraph (1) or a 
community wildfire protection plan, community 
assessment, or community action plan under 
paragraph (2); and 
‘‘(B) to implement special recovery projects 
identified in the landscape assessment or com-
munity wildfire protection plan, community as-
sessment, or community action plan. 
‘‘(4) SPECIAL RECOVERY PROJECTS.—The Sec-
retary may provide assistance under this subsection 
for special recovery projects, including projects in-
volving— 
‘‘(A) revegetation, tree planting, and other 
management practices the Secretary determines 
to be appropriate; 
‘‘(B) developing products from and mar-
kets for fire timber harvest and remaining for-
est resources; 
‘‘(C) training for the local workforce; 
‘‘(D) repair of public facilities, such as 
water systems, roads, bridges and trails, af-
fected by a catastrophic event; and 
‘‘(E) such other activities as the Secretary 
determines to be necessary to undertake the 
special recovery project. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘eligible entity’ means a 
State Forester or equivalent State official, an 
Indian tribe, local government, community- 
based organization, or other person.