II 115th CONGRESS 1st Session S. 1752 IN THE SENATE OF THE UNITED STATES August 3, 2017 Mr. Heller (for himself, Mr. Flake , Mr. Risch , and Mr. Hatch ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to expedite wildfire prevention projects to reduce the risk of wildfire on certain high-risk Federal land, and for other purposes.

1. Short title This Act may be cited as the Emergency Fuel Reduction Act of 2017 . 2. Purposes The purposes of this Act are— (1) to expedite wildfire prevention projects to reduce the risk of wildfire on certain high-risk Federal land adjacent to communities, private property, and critical infrastructure; (2) to improve forest and wildland health; and (3) to promote the recovery of threatened or endangered species or other species under consideration to be listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), including the sage-grouse species, the habitat of which is negatively impacted by wildland fire. 3. Expedited review of projects on Federal land Section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 ) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; (2) in subsection (c)(1)(C)(i), by striking subsection (f) and inserting subsection (g) ; and (3) by inserting after subsection (d) the following: (e) Categorical exclusion of certain projects (1) In general An authorized hazardous fuel reduction project shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if the project— (A) involves the removal of— (i) insect-infected trees; (ii) dead or dying trees; (iii) trees presenting a threat to public safety; or (iv) other hazardous fuels threatening— (I) utility or communications infrastructure; (II) municipal water supply systems; (III) campgrounds; (IV) roadsides; (V) schools; or (VI) other infrastructure; (B) is conducted on Federal land that— (i) is not located in the wildland-urban interface; (ii) is located within not more than 1.5 miles of non-Federal land; and (iii) on which the Secretary determines that conditions, such as the risk of wildfire, an insect or disease epidemic, or the presence of invasive species, pose a risk to adjacent non-Federal land; or (C) treats 10,000 acres or less of Federal land that— (i) is at particular risk for wildfire; (ii) contains threatened and endangered species habitat; or (iii) provides conservation benefits to— (I) a species that is not listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ), but is under consideration to be listed; (II) a State-listed species; or (III) a special concern species. (2) Applicability This subsection shall not apply to Federal land— (A) that is a component of the National Wilderness Preservation System; (B) on which the removal of vegetation is specifically prohibited by Federal statute; or (C) that is within a National Monument as of the date of enactment of this subsection. .