,i #aacth ,,congress #ast ,session ,h4 ,r4 #ahie ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjac ,mrs4 ,noem introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,natural ,resources1 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 respond to the extreme fire hazard and unsafe conditions resulting from pine beetle infestation1 drought1 disease1 or storm damage by declaring a state of emergency and directing the ,secretary of ,agriculture to immediately implement hazardous fuels reduction projects in the manner provided in title ,i of the ,healthy ,forests ,restoration ,act of #bjjc1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,forest ,emergency ,response ,act4 #b4 ,findings ,congress finds that-- 7#a7 forest health and human safety in certain national forests have deteriorated dangerously due to pine beetle infestation1 disease1 storm damage1 and drought2 and 7#b7 the resulting fire hazard in those national forests endangers adjacent communities1 ranches1 ,state parks1 and several units of the ,national ,park ,system and poses a significant threat to the economic stability of surrounding areas and the health1 safety1 and well-being of residents and visitors to those areas4 #c4 ,definitions ,in this ,act3 7#a7 ,designated national forest ,the term designated national forest means a national forest designated by the ,secretary under section #d7;b74 7#b7 ,emergency circumstances ,the term emergency circumstances has the meaning given the term in section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #d4 ,declaration of emergency and selection of pilot project national forests 7a7 ,in general ,in recognition of deteriorating forest health conditions1 extreme fire hazard1 and the significant number of dead and dying trees in certain national forests due to pine beetle infestation1 drought1 disease1 or storm damage1 and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health1 safety1 and well-being of residents1 firefighters1 and visitors to the areas1 ,congress declares that the fire hazard and human endangerment in those national forests designated by the ,secretary under subsection 7b7 constitute emergency circumstances4 7b7 ,designations 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall designate not less than #a national forest in each applicable ,state that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation1 drought1 disease1 or storm damage and the resulting imminent risk of devastating wildfire that poses a significant threat to the economic stability of surrounding areas and the health1 safety1 and well-being of residents1 firefighters1 and visitors to the areas4 7#b7 ,limitation ,a designation under paragraph 7#a7 shall be for a period not to exceed #aj years4 #e4 ,application of expedited procedures and activities of the ,healthy ,forests ,restoration ,act of #bjjc to designated ,forest ,service pilot projects 7a7 ,applicability ,subject to subsections 7b7 through 7e71 title ,i of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa et seq47 7including the environmental analysis requirements of section #ajd of that ,act 7#af ,u4,s4,c4 #fead71 the special administrative review process under section #aje of that ,act 7#af ,u4,s4,c4 #feae71 and the judicial review process under section #ajf of that ,act 7#af ,u4,s4,c4 #feaf771 shall apply to all ,forest ,service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstance declared under section #d4 7b7 ,application of other law ,section #cbb of ,public ,law #ajb-cha 7#af ,u4,s4,c4 #afab note2 #ajf ,stat4 #adai7 shall not apply to projects conducted in accordance with this section4 7c7 ,required modifications ,in applying title ,i of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa et seq47 to ,forest ,service projects and activities in designated national forests1 the ,secretary shall make the following modifications3 7#a7 ,the authority shall apply to the entire designated national forest1 including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section #ajb7;a7 of that ,act 7#af ,u4,s4,c4 #feab7;a774 7#b7 ,all projects and activities of the ,forest ,service1 including necessary connected actions 7as described in section #aejh4be7;a77#a7 of title #dj1 ,code of ,federal ,regulations 7or a successor regulation771 shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title4 7#c7 ,in the case of a project intended to address the existence of an infestation of disease or insects1 or the presence of such an infestation on immediately adjacent land1 the ,secretary may proceed with the project if there is any risk the infestation will spread1 not just in the event of an imminent risk of the spread of the infestation4 7#d7 ,forest ,service projects and activities in the designated national forest conducted under title ,i of that ,act shall not be counted toward the limitation in section #ajb7;c7 of that ,act 7#af ,u4,s4,c4 #feab7;c77 on the total quantity of acreage that may be treated under that title4 7d7 ,smaller projects 7#a7 ,in general ,except as provided in paragraph 7#b71 a project conducted in a designated national forest in accordance with this section that comprises less than #aj1jjj acres shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,exclusion of certain areas ,paragraph 7#a7 does not apply to-- 7,a7 a component of the ,national ,wilderness ,preservation ,system2 7,b7 any ,federal land on which1 by ,act of ,congress or ,presidential proclamation1 the removal of vegetation is restricted or prohibited2 7,c7 a congressionally designated wilderness study area2 or 7,d7 an area in which activities under paragraph 7#a7 would be inconsistent with the applicable land and resource management plan4 7e7 ,prohibition on restraining orders1 preliminary injunctions1 and other relief pending judicial review 7#a7 ,in general ,no restraining order1 preliminary injunction1 or injunction pending appeal shall be issued by any court of the ,united ,states with respect to any decision to engage in any remedial action or to prepare1 advertise1 offer1 award1 or operate a timber sale under this section in a designated national forest4 7#b7 ,applicability of other law ,section #gje of title #e1 ,united ,states ,code1 shall not apply to any challenge to a sale described in paragraph 7#a74 #f4 ,good neighbor authority 7a7 ,definitions ,in this section3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that contains ,national ,forest ,system land4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,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 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 ,national ,forest ,system land 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 and 7,c7 any other activities 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 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 ,national ,forest ,system land shall not be delegated to a ,state forester or any other officer or employee of the eligible ,state4 7#g7 ,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 authorities of the ,forest ,service4