,i #aacth ,,congress #ast ,session ,h4 ,r4 #acde ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,mr4 ,gosar 7for himself1 ,mr4 ,matheson1 ,mr4 ,amodei1 ,mrs4 ,lummis1 ,mr4 ,pearce1 ,mr4 ,walden1 ,mr4 ,schweikert1 ,mr4 ,cramer1 ,mr4 ,franks of ,arizona1 ,mrs4 ,kirkpatrick1 ,mr4 ,mc,clintock1 ,mr4 ,salmon1 ,mr4 ,conaway1 and ,mr4 ,stewart7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to address the forest health1 public safety1 and wildlife habitat threat presented by the risk of wildfire1 including catastrophic wildfire1 on ,national ,forest ,system lands and public lands managed by the ,bureau of ,land ,management by requiring the ,secretary of ,agriculture and the ,secretary of the ,interior to expedite forest management projects relating to hazardous fuels reduction1 forest health1 and economic development1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,catastrophic ,wildfire ,prevention ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,purposes4 ,title ,i--,reauthorizing and expanding authorities used for hazardous fuels reduction1 forest health1 forest restoration1 and watershed restoration4 ,sec4 #aja4 ,stewardship end result contracting authority4 ,sec4 #ajb4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation4 ,sec4 #ajc4 ,clarification of ,flame ,wildfire ,suppression ,reserve ,fund authority4 ,title ,,ii--,expedited process for the implementation of wildfire prevention projects near at-risk communities4 ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,eligible wildfire prevention projects4 ,sec4 #bjc4 ,environmental analysis4 ,sec4 #bjd4 ,administrative and judicial review4 #b4 ,purposes ,the purposes of this ,act are as follows3 7#a7 ,provide the ,secretary of ,agriculture and the ,secretary of the ,interior the tools to reduce the potential for wildfires4 7#b7 ,expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk ,federal lands4 7#c7 ,reduce threats to endangered species from wildfires4 ,i ,reauthorizing and expanding authorities used for hazardous fuels reduction1 forest health1 forest restoration1 and watershed restoration4 #aja4 ,stewardship end result contracting authority 7a7 ,extension of authority ,subsection 7a7 of section #cdg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;e7 of division ,a of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #bajd note71 as most recently amended by section #cbc of ,public ,law #ajh-g 7#aag ,stat4 #bge71 is amended by striking ,until ,september #cj1 #bjac and inserting ,until ,september #cj1 #bjbc4 7b7 ,contract duration ,subsection 7c77#b7 of such section is amended by striking #aj years and inserting #bj years4 7c7 ,cancellation or termination costs ,subsection 7c7 of such section is amended by adding at the end the following new paragraph3 7#f7 ,cancellation or termination costs 7,a7 ,in general ,notwithstanding section #cijc of title #da1 ,united ,states ,code1 the ,secretary of ,agriculture and the ,secretary of the ,interior are not required to obligate funds to cover the cost of cancelling or terminating a multiyear stewardship contract or agreement until such contract or agreement is cancelled or terminated4 7,b7 ,funding sources ,the costs of cancelling or terminating of a multiyear stewardship contract or agreement may be paid from-- 7i7 appropriations originally made available for the performance of the contract or agreement2 7ii7 appropriations currently available for procurement of the type of service concerned1 and not otherwise obligated2 or 7iii7 funds appropriated for payments for that performance or procurement4 7,c7 ,anti-,deficiency ,act violations ,in a case in which payment or obligation of funds under this paragraph would constitute a violation of section #acda of title #ca1 ,united ,states ,code 7commonly known as the ,anti-,deficiency ,act71 the ,secretary may-- 7i7 seek a supplemental appropriation2 or 7ii7 request funds from the permanent judgment appropriation established pursuant to section #acjd of such title4 4 7d7 ,payments to counties ,subsection 7d7 of such section is amended by adding at the end the following new paragraph3 7#d7 ,payments to counties #be percent of timber sale receipts from a contract or agreement entered into under the authority of this section and after the date of the enactment of this paragraph shall be paid to the county within whose boundaries the receipts are derived4 ,payments to a county made under this paragraph shall be in addition to the amounts received under chapter #fi of title #ca1 ,united ,states ,code 7,payment in ,lieu of ,taxes2 #ca ,u4,s4,c4 #fija et seq474 4 #ajb4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation 7a7 ,definitions ,in this section3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that contains ,national ,forest ,system land or ,bureau of ,land ,management land4 7#b7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 or 7,b7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#c7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 in the case of ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 in the case of public lands administered by the ,secretary of ,interior through the ,bureau of ,land ,management4 7#d7 ,state ,forester ,the term ,state ,forester means the head of a ,state agency with jurisdiction over ,state forestry programs in an eligible ,state4 7b7 ,cooperative agreements and contracts 7#a7 ,in general ,the ,secretary concerned may enter into a cooperative agreement or contract 7including a sole source contract7 with a ,state ,forester to authorize the ,state ,forester to provide the forest1 rangeland1 and watershed restoration and protection services described in paragraph 7#b7 on ,federal lands administered by the ,secretary concerned1 in the eligible ,state4 7#b7 ,authorized services ,the forest1 rangeland1 and watershed restoration and protection services referred to in paragraph 7#a7 include the conduct of-- 7,a7 activities to treat insect infected trees2 7,b7 activities to reduce hazardous fuels2 or 7,c7 any other activities determined by the ,secretary concerned to appropriate to restore or improve forest1 rangeland1 and watershed health1 including fish and wildlife habitat4 7#c7 ,state as agent ,except as provided in paragraph 7#f71 a cooperative agreement or contract entered into under paragraph 7#a7 may authorize the ,state ,forester to serve as the agent for the ,secretary concerned in providing the restoration and protection services authorized under that paragraph4 7#d7 ,subcontracts ,in accordance with applicable contract procedures for the eligible ,state1 a ,state ,forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph 7#a74 7#e7 ,timber sales ,subsections 7d7 and 7g7 of section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 shall not apply to services performed under a cooperative agreement or contract entered into under paragraph 7#a74 7#f7 ,retention of ,,nepa responsibilities ,any decision required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to any restoration and protection services to be provided under this section by a ,state ,forester on ,federal land1 shall not be delegated to a ,state ,forester or any other officer or employee of the eligible ,state4 7c7 ,applicable law ,the restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing applicable authorities of the ,forest ,service and the ,bureau of ,land ,management4 7d7 ,termination of effectiveness ,the authority of the ,secretary concerned to enter into cooperative agreements and contracts under this ,act terminates on ,september #cj1 #bjbc4 7e7 ,duration of contracts ,a cooperative agreement or contract entered into under this ,act shall not extend beyond #bj years4 #ajc4 ,clarification of ,flame ,wildfire ,suppression ,reserve ,fund authority 7a7 ,clarification ,section #ejb7;c7 of the ,federal ,land ,assistance1 ,management1 and ,enhancement ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7c77 is amended by inserting and burn area responses1 including flood prevention1 after events4 ,,ii ,expedited process for the implementation of wildfire prevention projects near at-risk communities4 #bja4 ,definitions ,in this title3 7#a7 ,at-risk community ,the term at-risk community has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#b7 ,at-risk forest ,the term at-risk forest means-- 7,a7 ,federal land in condition class ,,ii or ,,iii1 as those classes were developed by the ,forest ,service ,rocky ,mountain ,research ,station in the general technical report titled ,development of ,coarse-,scale ,spatial ,data for ,wildland ,fire and ,fuel ,management 7,,rmrs-#hg7 and dated ,april #bjjj or any subsequent revision of the report2 or 7,b7 ,federal land where there exists a high risk of losing an at-risk community1 key ecosystem1 water supply1 wildlife1 or wildlife habitat to wildfire1 including catastrophic wildfire and post-fire disturbances1 as designated by the ,secretary concerned4 7#c7 ,federal land 7,a7 ,covered land ,the term ,federal land means-- 7i7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 or 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7,b7 ,excluded land ,the term does not include land in which the removal of vegetation is specifically prohibited by ,federal law unless the land is in an inventoried roadless area or ,wilderness ,study ,areas 7,w,s,as74 7#d7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 in the case of ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 in the case of public lands administered by the ,secretary of ,interior through the ,bureau of ,land ,management4 7#e7 ,threatened and endangered species habitat ,the term threatened and endangered species habitat means ,federal land where natural fire regimes are identified as being important for1 or unnatural wildfire is identified as a threat to1 an endangered species1 a threatened species1 or habitat of an endangered species or threatened species4 7#f7 ,eligible wildfire prevention project ,the term eligible wildfire prevention project means the measures and methods developed for a project to be carried out on ,federal land or on threatened and endangered species habitat by the ,secretary concerned for hazardous fuels reduction1 forest health1 forest restoration1 watershed restoration1 or threatened and endangered species habitat protection using ecological restoration principles consistent with the forest type where such project will occur4 #bjb4 ,eligible wildfire prevention projects 7a7 ,implementation ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary concerned shall implement eligible wildfire prevention projects in at-risk forests and on threatened and endangered species habitat in a manner that focuses on surface1 ladder1 and canopy fuels reduction activities using ecological restoration principles consistent with the forest type in the location where such project will occur4 7b7 ,project elements 7#a7 ,threatened and endangered species habitat ,wildfire prevention projects carried out on threatened and endangered species habitat shall be carried out to provide enhanced protection from wildfire1 including unnatural wildfire1 for the endangered species1 threatened species1 or habitat of the endangered species or threatened species4 7#b7 ,at-risk forests ,in the case of an eligible wildfire prevention project carried out in an at-risk forest1 the project shall be carried out to move ,federal land in condition class ,,ii or ,,iii toward condition class ,i1 using ecological restoration principles consistent with the forest type in the location where such project will occur4 7c7 ,authorized practices 7#a7 ,in general ,an eligible wildfire prevention project may include livestock grazing and timber harvest projects carried out for the purposes of hazardous fuels reduction1 forest health1 forest restoration1 watershed restoration1 or threatened and endangered species habitat protection or improvement1 if the management action is consistent with achieving long-term ecological restoration of the forest type in the location where such project will occur4 7#b7 ,grazing ,domestic livestock grazing may be used in an eligible wildfire prevention project to reduce surface fuel loads and to recover burned areas4 ,utilization standards shall not apply when domestic livestock grazing is used in an eligible wildfire prevention project4 7#c7 ,timber harvesting and thinning ,timber harvesting and thinning1 where the ecological restoration principles are consistent with the forest type in the location where such project will occur1 may be used in an eligible wildfire prevention project to reduce ladder and canopy fuel loads to prevent unnatural fire4 7d7 ,relation to land and resource management plans and land use plan ,nothing in this section requires the ,secretary concerned1 as a condition of conducting an eligible wildfire prevention project1 to revise or amend the land and resource management plan applicable to the ,national ,forest ,system lands or the land use plan applicable to the public lands on which the project will be conducted4 #bjc4 ,environmental analysis 7a7 ,analysis of proposed action and no action alternative 7#a7 ,environmental assessment or environmental impact statement required ,for each proposed eligible wildfire prevention project1 the ,secretary concerned shall-- 7,a7 study1 develop1 and describe the proposed action and the no action alternative2 and 7,b7 prepare an environmental assessment or an environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b774 7#b7 ,no requirement for alternative action study ,except as provided in subsection 7b71 the ,secretary concerned is not required to study1 develop1 or describe any alternative actions1 other than the no action alternative1 to the proposed agency action4 7#c7 ,deadlines for completion 7,a7 ,environmental assessment deadline ,an environmental assessment prepared for a proposed eligible wildfire prevention project shall be completed within #fj days of the commencement of preparation of the assessment4 7,b7 ,environmental impact statement deadline ,an environmental impact statement prepared for a proposed eligible wildfire prevention project shall be completed within #ij days of the commencement of preparation of the environmental impact statement4 7,c7 ,effect of failure to meet deadline ,the proposed eligible wildfire prevention project shall be deemed compliant with all requirements of the ,national ,environmental ,policy ,act of #aifi if the ,secretary concerned fails to meet the specified deadline4 7#d7 ,environmental analysis duration ,the environmental assessment of an authorized practice utilized in an eligible wildfire prevention project shall be deemed sufficient for a minimum of-- 7,a7 #aj years in the case of a livestock grazing project2 or 7,b7 #bj years in the case of a timber harvest project4 7b7 ,categorical exclusion ,if an eligible wildfire prevention project1 located in a at-risk area1 involves the removal of insect-infected trees or other hazardous fuels within #ejj feet of utility or communications infrastructure1 campgrounds1 roadsides1 heritage sites1 recreation sites1 schools1 or other infrastructure1 that project is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the project will otherwise be conducted consistent with the relevant agency or department's procedures and the applicable land and resource management plan or land use plan4 7c7 ,environmental analysis generally ,except as otherwise provided in this ,act1 the ,secretary concerned shall comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other applicable laws in planning and conducting an eligible wildfire prevention project4 7d7 ,interagency cooperation ,the informal consultation requirements of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as codified in section #djb4je of title #ej1 ,code of ,federal ,regulations shall apply to an eligible wildfire prevention project4 7e7 ,effect of compliance ,compliance with this section shall be deemed to satisfy the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq471 section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a71 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and the ,multiple-,use ,sustained-,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq474 7f7 ,effect of a wildfire emergency 7#a7 ,council on environmental quality ,the ,secretary concerned1 pursuant to section #aejf4aa of title #dj1 ,code of ,federal ,regulations1 shall request the ,council on ,environmental ,quality to develop and approve alternative arrangements for the proposed wildfire prevention project if-- 7,a7 the county in which the proposed eligible wildfire prevention project is to be carried out declares a state of emergency because of wildfire or the threat of wildfire in consultation with the ,state ,forester or equivalent ,state official of the ,state containing the county2 and 7,b7 a categorical exclusion is unavailable for a proposed eligible wildfire prevention project4 7#b7 ,mandatory information ,when requesting alternative arrangements under paragraph 7#a71 the ,secretary concerned shall transmit to the ,council on ,environmental ,quality the following information3 7,a7 ,a description of the proposed eligible project4 7,b7 ,the condition of forest fuels within or near the proposed eligible wildfire prevention project4 7,c7 ,the threat to public safety1 welfare1 infrastructure1 watersheds1 wildlife habitat1 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 relieve4 7,d7 ,the degree to which delaying the implementation of the proposed eligible project will increase the risk of serious harm to public safety1 welfare1 infrastructure1 watersheds1 wildlife habitat1 or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire4 7,e7 ,any other information the ,secretary concerned determines relevant4 7#c7 ,deadline for alternative arrangements 7,a7 ,deadline ,not later than #ae days after receipt of a request under paragraph 7#a7 for approval of alternative arrangements for a proposed eligible wildfire prevention project1 the ,council on ,environmental ,quality shall submit to the ,secretary concerned the alternative arrangements under which the ,secretary may proceed immediately and to completion of the proposed wildfire prevention project4 7,b7 ,failure to comply ,if the ,council on ,environmental ,quality fails to comply with the deadline in subparagraph 7,a71 the ,secretary concerned shall proceed immediately and to completion of the proposed eligible wildfire prevention project notwithstanding any other provision of law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,national ,forest ,management ,act 7#af ,u4,s4,c4 #afja et seq474 7#d7 ,administrative and judicial review ,actions under this subsection shall not be subject to-- 7,a7 the notice1 comment1 and appeal requirements of section #cbb of ,public ,law #ajb-cha 7the ,appeals ,reform ,act2 #af ,u4,s4,c4 #afab note72 and 7,b7 judicial review by any court of the ,united ,states4 #bjd4 ,administrative and judicial review 7a7 ,administrative review ,administrative review of an eligible wildfire prevention project shall occur in accordance with the special administrative review process established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7b7 ,judicial review ,judicial review of an eligible wildfire prevention project shall occur in accordance with section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf74