FIRE Act of 2021
Bill: H.R.2585 | Sponsor: Rep. Johnson, Dusty (R-SD)
Policy area: Public Lands and Natural Resources

Summary:
Forestry Improvements to Restore the Environment Act of 2021 or the FIRE Act of 2021
This bill provides for salvage activities after a wildfire is contained on certain National Forest System lands.
No later than 60 days after a wildfire is contained on such lands (1) the Forest Service, to the maximum extent practicable, shall complete a survey of the lands that were impacted by such wildfire; and (2) the Department of Agriculture (USDA) shall convert the timber sales applicable to such lands that were impacted by such wildfire to salvage sales.
The bill designates a categorical exclusion for forest management activities where the primary purpose of the activity is for roadside salvage activities that allow for the removal of hazard trees that are within 200 feet of a roadway center line.
Activities carried out pursuant to this bill shall be subject to judicial review in the same manner as authorized hazardous fuels reduction projects.
A court may not order a preliminary injunction enjoining the USDA from proceeding with timber sales authorized under this bill.

To conduct fire salvage on certain National Forest System lands burned 
                  by wildfire, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forestry Improvements to Restore the 
Environment Act of 2021'' or the ``FIRE Act of 2021''.

SEC. 2. FOREST MANAGEMENT ACTIVITIES REQUIRED AFTER WILDFIRE.

    (a) Survey of National Forest System Lands Impacted by Wildfire.--
            (1) Survey required.--To the maximum extent practicable, 
        not later than 60 days after a wildfire is contained on 
        National Forest System lands, the Secretary of Agriculture, 
        acting through the Chief of the Forest Service, shall complete 
        a survey of the National Forest System lands that were impacted 
        by such wildfire.
            (2) Priority of land surveyed.--In carrying out a survey 
        required under paragraph (1), the Secretary of Agriculture 
        shall give priority to National Forest System lands in the 
        following order:
                    (A) Lands for which there is, at the time of such 
                survey--
                            (i) timber under a contract pursuant to 
                        section 14(a) of the National Forest Management 
                        Act of 1976 (16 U.S.C. 472a); or
                            (ii) a stewardship contract under section 
                        604 of the Healthy Forests Restoration Act of 
                        2003 (16 U.S.C. 6591c).
                    (B) Lands for which, at the time of such survey--
                            (i) a timber sale described in subparagraph 
                        (A)(i) or a stewardship contract described in 
                        subparagraph (A)(ii) is planned; and
                            (ii) with respect to such sale or contract, 
                        an environmental decision document has been 
                        completed pursuant to section 102 of the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4332).
    (b) Conversion of Timber Sales.--
            (1) Timber sales to salvage sales.--Not later than 60 days 
        after a wildfire is contained on National Forest System lands, 
        the Secretary of Agriculture shall, with respect to the timber 
        sales applicable to such lands that were impacted by such 
        wildfire, convert such timber sales to salvage sales.
            (2) Treatment of converted timber sales.--In the case of a 
        project relating to the timber sales applicable to the National 
        Forest System lands described in paragraph (1), the conversion 
        of such timber sales to salvage sales under such paragraph 
        shall be deemed to meet the purpose and need of such project 
        for purposes of an environmental assessment or an environmental 
        impact statement pursuant to section 102 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (c) Supplemental Information Reports.--The Secretary of Agriculture 
shall give priority to completing supplemental information reports that 
determine, with respect to a pending project planned for National 
Forest System lands prior to a wildfire, whether--
            (1) timber salvage constitutes substantial changes to the 
        proposed action that are relevant to environmental concerns; 
        and
            (2) wildfire constitutes significant new circumstances or 
        information relevant to environmental concerns.

SEC. 3. ROADSIDE SALVAGE CATEGORICAL EXCLUSION.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement pursuant 
to section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--The category of forest management activities designated 
under this section for a categorical exclusion are forest management 
activities carried out by the Secretary of Agriculture on National 
Forest System lands where the primary purpose of such activity is for 
roadside salvage activities that allow for the removal of hazard trees 
that are within 200 feet of a roadway center line.
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary of Agriculture may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--The categorical exclusion established 
under subsection (a) shall not be limited in size or scope.
    (e) Exclusion of Extraordinary Circumstance Procedures.--The 
procedures relating to extraordinary circumstances under section 220.6 
of title 36, Code of Federal Regulations (or a successor regulation), 
shall not apply to the use of the categorical exclusion established 
under subsection (b).

SEC. 4. JUDICIAL REVIEW.

    (a) Objection Period.--For any action taken pursuant to the 
authorities in this Act, the objection time described in section 219.56 
of title 36, Code of Federal Regulations (or successor regulations), 
shall be 30 days.
    (b) Judicial Review.--Except as provided in subsection (c), an 
activity carried out pursuant to this Act shall be subject to judicial 
review in the same manner as an authorized hazardous fuels reduction 
project is subject to judicial review under section 106 of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6516).
    (c) Preliminary Injunction Prohibited.--Notwithstanding any other 
provision of law, a court may not order a preliminary injunction 
enjoining the Secretary of Agriculture from proceeding with timber 
sales authorized under this Act.

SEC. 5. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS.

    The authorities provided by this Act may not apply with respect to 
any National Forest System lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within a national or State-specific 
        inventoried roadless area established by the Secretary of 
        Agriculture through regulation, unless--
                    (A) the forest management activity to be carried 
                out under such authority is consistent with the forest 
                plan applicable to the area; or
                    (B) the Secretary of Agriculture determines the 
                forest management activity is permissible under the 
                applicable roadless rule governing such lands; or
            (3) on which timber harvesting for any purpose is 
        prohibited by Federal statute.
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