I 
112TH CONGRESS 
1ST SESSION H. R. 1485 
To address the public health and safety threat presented by the risk of 
catastrophic wildfire on Federal forestlands by requiring the Secretary 
of Agriculture and the Secretary of the Interior to expedite forest man-
agement projects relating to hazardous fuels reduction, forest restoration, 
forest health, and watershed restoration. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2011 
Mr. HERGER (for himself, Mr. MCCLINTOCK, Mrs. MCMORRIS RODGERS, Mr. 
BISHOP of Utah, Mr. CHAFFETZ, Mr. NUNES, Mr. HUNTER, Mr. 
GALLEGLY, Mr. COFFMAN of Colorado, and Mr. DENHAM) introduced the 
following bill; which was referred to the Committee on Agriculture, 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 committee con-
cerned 
A BILL 
To address the public health and safety threat presented 
by the risk of catastrophic wildfire on Federal forestlands 
by requiring the Secretary of Agriculture and the Sec-
retary of the Interior to expedite forest management 
projects relating to hazardous fuels reduction, forest res-
toration, forest health, and watershed restoration. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Catastrophic Wildfire Community Protection Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Project authority consistent with community wildfire protection plan. 
Sec. 4. Elements of eligible projects. 
Sec. 5. Environmental analysis. 
Sec. 6. Administrative and judicial review. 
Sec. 7. Acceptance and use of funds or in-kind services. 
Sec. 8. Report. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk 
community’’ has the meaning given that term in sec-
tion 101 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511). 
(2) AT-RISK WATERSHED.—The term ‘‘at-risk 
watershed’’ means a watershed where— 
(A) there exists a high risk of losing key 
ecosystem, wildlife, and watershed components 
to severe fire, including post-fire disturbances, 
as documented by the Secretary concerned; and 
(B) there are Federal lands in condition 
class II or III, as developed by the Forest Serv-
ice Rocky Mountain Research Station in the 
general technical report titled ‘‘Development of 
Coarse-Scale Spatial Data for Wildland Fire 
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and Fuel Management’’ (RMRS–87) and dated 
April 2000 (including any subsequent revision 
to the report). 
(3) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
101 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511). 
(4) COVERED FOREST LANDS.— 
(A) INCLUDED
LANDS.—The term ‘‘cov-
ered forest lands’’ means— 
(i) National Forest System lands; and 
(ii) Public land administered by the 
Secretary of the Interior through the Bu-
reau of Land Management. 
(B) EXCLUDED LAND.—The term does not 
include land that is a component of the Na-
tional Wilderness Preservation System or other 
Federal land (other than inventoried roadless 
areas and wilderness study areas) in which the 
removal of vegetation is specifically prohibited 
by Federal law. 
(5) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means the measures and methods included 
in a project carried out on covered forest lands by 
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the Secretary concerned for hazardous fuels reduc-
tion, forest health, forest restoration, and watershed 
restoration. 
(6) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, in the 
case of National Forest System lands; and 
(B) the Secretary of the Interior, in the 
case of public land administered by the Sec-
retary of the Interior through the Bureau of 
Land Management. 
SEC. 3. PROJECT AUTHORITY CONSISTENT WITH COMMU-
NITY WILDFIRE PROTECTION PLAN. 
The Secretary concerned shall carry out eligible 
projects on covered forest lands that are within or adja-
cent to an at-risk community or an at-risk watershed if 
the eligible project is consistent with the applicable com-
munity wildfire protection plan. 
SEC. 4. ELEMENTS OF ELIGIBLE PROJECTS. 
Eligible projects on covered forest lands shall be car-
ried out in a cost-effective manner that— 
(1) focuses on surface, ladder, and canopy fuels 
reduction activities; or 
(2) implements forest restoration activities in 
response to severe fire, insect, or disease infestation, 
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windthrow, or other extreme weather events or nat-
ural disasters. 
SEC. 5. ENVIRONMENTAL ANALYSIS. 
(a) GENERAL RULE OF PROPOSED ACTION AND NO 
ACTION ALTERNATIVE.— 
(1) ENVIRONMENTAL ASSESSMENT AND ENVI-
RONMENTAL
IMPACT
STATEMENT.—The Secretary 
concerned shall prepare an environmental assess-
ment or an environmental impact statement pursu-
ant to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)) for each 
proposed eligible project. The Secretary concerned 
shall study, develop, and describe the proposed ac-
tion and the alternative of no action. Except as pro-
vided in subsection (b), the Secretary concerned is 
not required to study, develop, or describe any alter-
native actions to the proposed agency action. 
(2) DEADLINE FOR COMPLETION.—An environ-
mental assessment prepared for a proposed eligible 
project shall be completed within one year of the 
commencement of preparation of the assessment. An 
environmental impact statement prepared for a pro-
posed eligible project shall be completed within 18 
months of the commencement of preparation of the 
environmental impact statement. 
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(b) 
CONSIDERATION
OF
ALTERNATIVE
REC-
OMMENDATION.—The Secretary concerned shall evaluate 
and consider an alternative recommendation submitted by 
the county in which a proposed eligible project is to be 
carried out if the county determines that the proposed eli-
gible project is or may be inconsistent with its community 
wildfire protection plan. The Secretary shall publish the 
evaluation and consideration of the alternative rec-
ommendation in the environmental assessment or environ-
mental impact statement prepared pursuant to section 
102(2) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)) for the proposed eligible project. 
(c) EFFECT OF COUNTY EMERGENCY.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
If a categorical exclusion is unavailable for a pro-
posed eligible project, the Secretary concerned shall 
request, pursuant to section 1506.11 of title 40, 
Code of Federal Regulations, the Council on Envi-
ronmental Quality to develop and approve alter-
native arrangements for the proposed eligible project 
if the county in which the proposed eligible project 
is to be carried out declares, in consultation with the 
State forester or equivalent State official of the 
State containing the county— 
(A) a state of emergency; or 
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(B) the existence of a dangerous nuisance 
to public safety, welfare, infrastructure, water-
sheds, wildlife habitat, or other vital assets due 
to the accumulation of forest fuels and the as-
sociated risk of extreme fire on covered forest 
lands. 
(2) MANDATORY
INFORMATION.—When re-
questing alternative arrangements under paragraph 
(1), the Secretary concerned shall transmit to the 
Council on Environmental Quality the following in-
formation: 
(A) A description of the proposed eligible 
project. 
(B) The condition of forest fuels within or 
near the proposed eligible project. 
(C) The threat to public safety, welfare, in-
frastructure, watersheds, wildlife habitat, or 
other vital assets due to the accumulation of 
forest fuels and the associated risk of extreme 
fire that the proposed eligible project is to re-
lieve. 
(D) The degree to which delaying the im-
plementation of the proposed eligible project 
will increase the risk of serious harm to public 
safety, welfare, infrastructure, watersheds, wild-
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life habitat, or other vital assets due to the ac-
cumulation of forest fuels and the associated 
risk of extreme fire. 
(E) Any other information the Secretary 
concerned determines relevant. 
(3) DEADLINE
FOR
ALTERNATIVE
ARRANGE-
MENTS.— 
(A) DEADLINE.—Not later than 15 days 
after receipt of a request under paragraph (1) 
for approval of alternative arrangements for a 
proposed eligible project, the Council on Envi-
ronmental Quality shall submit to the Secretary 
concerned the alternative arrangements under 
which the Secretary may proceed immediately 
and to completion of the proposed eligible 
project. 
(B) FAILURE TO COMPLY.—If the Council 
on Environmental Quality fails to comply with 
the deadline in subparagraph (A), the Secretary 
concerned shall proceed immediately and to 
completion of the proposed eligible project not-
withstanding any other provision of law, includ-
ing the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and the National 
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Forest Management Act (16 U.S.C. 1601 et 
seq.). 
(4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
Actions under this subsection shall not be subject 
to— 
(A) the notice, comment, and appeal re-
quirements of section 322 of Public Law 102– 
381 (the Appeals Reform Act; 16 U.S.C. 1612 
note); and 
(B) judicial review by any court of the 
United States. 
SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Administrative re-
view of eligible projects shall occur in accordance with the 
special administrative review process established under 
section 105 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6515). 
(b) JUDICIAL REVIEW.—Judicial review of eligible 
projects shall occur in accordance with section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6516). 
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SEC. 7. ACCEPTANCE AND USE OF FUNDS OR IN-KIND 
SERVICES. 
The Secretary concerned may accept and use funds 
or in-kind services from any public or private entity to 
assist carrying out eligible projects under this Act. 
SEC. 8. REPORT. 
The Secretary concerned shall submit to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate an annual report describing all eligi-
ble projects conducted under this Act. 
Æ 
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