Wildfire Prevention and Drought Mitigation Act of 2021
Bill: H.R.4518 | Sponsor: Rep. Herrell, Yvette (R-NM)
Policy area: Environmental Protection

Summary:
Wildfire Prevention and Drought Mitigation Act of 2021
This bill categorically excludes forest management activities carried out on specified public lands from requirements to conduct environmental assessments and environmental impact statements. In order to be excluded from environmental review, the primary purposes of such activities must be to
The bill limits the categorical exclusion to activities that manage up to 10,000 acres of land. However, activities that manage up to 30,000 acres of land may be categorically excluded from environmental review if the activities are located in areas that (1) are in a severe, extreme, or exceptional drought; or (2) have been in such droughts in the previous five years.

To establish a categorical exclusion for certain forest management 
 activities related to wildfire prevention and drought mitigation, 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 ``Wildfire Prevention and Drought 
Mitigation Act of 2021''.

SEC. 2. CATEGORICAL EXCLUSION FOR WILDFIRE PREVENTION AND DROUGHT 
              MITIGATION.

    (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 under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated under this 
section for a categorical exclusion are forest management activities 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is to--
            (1) protect a municipal or Tribal water source from damage 
        caused by wildfire;
            (2) improve ecosystem health, resilience, and other 
        watershed and habitat conditions;
            (3) improve, maintain, or restore water yield or quality;
            (4) improve, maintain, or restore snowpack;
            (5) adapt the forest landscape to an increased threat of 
        drought; or
            (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--
            (1) In general.--Except in the case of a forest management 
        activity described in paragraph (2), a forest management 
        activity covered by the categorical exclusion established under 
        subsection (a) may not contain treatment units exceeding a 
        total of 10,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion established under 
        subsection (a) may contain treatment units exceeding a total of 
        10,000 acres but not more than a total of 30,000 acres if the 
        forest management activity is located in an area that, at the 
        time of such activity--
                    (A) is in a severe, extreme, or exceptional 
                drought; or
                    (B) has been in a severe, extreme, or exceptional 
                drought in the previous 5 years.
    (e) Exclusions.--The authorities provided by this Act do not apply 
with respect to any National Forest System lands or public 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 concerned determines the activity 
                is allowed under the applicable roadless rule governing 
                such lands; or
            (3) on which timber harvesting for any purpose is 
        prohibited by Federal statute.
    (f) Definitions.--In this Act--
            (1) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System lands or 
        public lands consistent with the forest plan covering such 
        lands.
            (2) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (4) 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 includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
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