,i #aacth ,,congress #ast ,session ,h4 ,r4 #hah ,,in ,,the ,,house ,,of ,,representatives ,february #be1 #bjac ,mr4 ,tipton 7for himself1 ,mr4 ,bishop of ,utah1 ,mr4 ,gardner1 ,mr4 ,lamborn1 ,mr4 ,coffman1 ,mr4 ,mc,clintock1 ,mr4 ,gosar1 ,mr4 ,amodei1 ,mr4 ,young of ,alaska1 ,mr4 ,labrador1 ,mrs4 ,lummis1 ,mr4 ,pearce1 and ,mr4 ,daines7 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 address the bark beetle epidemic1 drought1 deteriorating forest health conditions1 and high risk of wildfires on ,national ,forest ,system land and land under the jurisdiction of the ,bureau of ,land ,management in the ,united ,states by expanding authorities established in the ,healthy ,forest ,restoration ,act of #bjjc to provide emergency measures for high-risk areas identified by such ,states1 to make permanent ,forest ,service and ,bureau of ,land ,management authority to conduct good-neighbor cooperation with ,states to reduce wildfire risks1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,healthy ,forest ,management and ,wildfire ,prevention ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,congressional declaration of bark beetle epidemic1 drought1 deteriorating forest health conditions1 and high risk of wildfires in ,states as imminent threat4 ,sec4 #d4 ,state designation of high-risk areas of ,national ,forest ,system and public lands4 ,sec4 #e4 ,designation of high-risk areas by the ,secretary concerned4 ,sec4 #f4 ,use of emergency hazardous fuels reduction projects for high-risk areas4 ,sec4 #g4 ,applicability of expedited procedures and authorities of ,healthy ,forests ,restoration ,act of #bjjc to emergency hazardous fuels reduction projects4 ,sec4 #h4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation with ,states to reduce wildfire risks4 ,sec4 #i4 ,stewardship end result contracting project authority4 #b4 ,definitions ,in this ,act3 7#a7 ,emergency hazardous fuels reduction project ,the term emergency hazardous fuels reduction project means a project or activity carried out in a high-risk area to address the bark beetle epidemic1 drought1 or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires4 7#b7 ,high-risk area ,the term high-risk area means an area of ,national ,forest ,system land or public lands identified under section #d as an area suffering from the bark beetle epidemic1 drought1 or deteriorating forest health conditions1 with the resulting imminent risk of devastating wildfires1 or otherwise at high risk for bark beetle infestation1 drought1 or wildfire4 7#c7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#d7 ,public lands ,the term public lands has the meaning given that term in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;e774 7#e7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to the ,national ,forest ,system2 and 7,b7 the ,secretary of the ,interior1 with respect to public lands4 7#f7 ,the term ,state means any of the several ,states containing ,national ,forest ,system land or public lands4 ,the term includes the ,commonwealth of ,puerto ,rico4 #c4 ,congressional declaration of bark beetle epidemic1 drought1 deteriorating forest health conditions1 and high risk of wildfires in ,states as imminent threat ,congress hereby declares that the bark beetle epidemic1 drought1 and deteriorating forest health conditions on ,national ,forest ,system land and public lands in the ,states1 with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health1 safety1 and well-being of residents1 firefighters1 and visitors to the areas1 is an imminent threat within the meaning of section #bid4ab7;b77#a7 of title #cf1 ,code of ,federal ,regulations 7#bjjb ,edition7 and any existing or pending roadless area management rule applicable to a ,state4 #d4 ,state designation of high-risk areas of ,national ,forest ,system and public lands 7a7 ,designation authority ,the ,governor of a ,state may designate high-risk areas of the ,national ,forest ,system and public lands in the ,state for the purposes of addressing-- 7#a7 deteriorating forest health conditions in existence as of the date of the enactment of this ,act due to the bark beetle epidemic or drought1 with the resulting imminent risk of devastating wildfires2 and 7#b7 the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions4 7b7 ,consultation ,in designating high-risk areas1 the ,governor of a ,state shall consult with county government from affected counties and with affected ,indian tribes4 7c7 ,exclusion of certain areas ,the following ,national ,forest ,system land or public lands may not be designated as a high-risk area3 7#a7 ,a component of the ,national ,wilderness ,preservation ,system4 7#b7 ,a ,national ,monument4 7d7 ,standards for designation ,designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the ,national ,forest ,system or public lands for which the designation is being made1 except that the ,secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation4 7e7 ,time for initial designations ,the first high-risk areas should be designated not later than #fj days after the date of the enactment of this ,act but may be designated at any time consistent with subsection 7a74 7f7 ,duration of designation ,the designation of a high-risk area in a ,state shall expire #bj years after the date of the designation1 unless earlier terminated by the ,governor of the ,state4 7g7 ,redesignation ,the expiration of the #bj-year period specified in subsection 7f7 does not prohibit the ,governor from redesignating an area of the ,national ,forest ,system land or public lands as a high-risk area under this section if the ,governor determines that the area of ,national ,forest ,system land or public lands continues to be subject to the terms of this section4 7h7 ,recognition of valid and existing rights ,the designation of a high-risk area shall not be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land or public lands included in the area for hunting1 fishing1 and other related purposes2 or 7#b7 valid and existing rights regarding the ,national ,forest ,system land or public lands4 #e4 ,designation of high-risk areas by the ,secretary concerned 7a7 ,designation authority ,the ,secretary concerned may designate high-risk areas of the ,national ,forest ,system and the public lands for the purposes of addressing-- 7#a7 deteriorating forest health conditions in existence as of the date of the enactment of this ,act due to the bark beetle epidemic or drought1 with the resulting imminent risk of devastating wildfires2 and 7#b7 the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions4 7b7 ,consultation ,in designating high-risk areas1 the ,secretary concerned shall consult with ,governors of affected ,states1 county government from affected counties1 and with affected ,indian tribes4 7c7 ,exclusion of certain areas ,the following ,national ,forest ,system land or public lands may not be designated as a high-risk area3 7#a7 ,a component of the ,national ,wilderness ,preservation ,system4 7#b7 ,a ,national ,monument4 7d7 ,standards for designation ,designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the ,national ,forest ,system or public lands for which the designation is being made1 except that the ,secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation4 7e7 ,time for initial designations ,the first high-risk areas should be designated not later than #fj days after the date of the enactment of this ,act but may be designated at any time consistent with subsection 7a74 7f7 ,duration of designation ,the designation of a high-risk area in a ,state shall expire #bj years after the date of the designation1 unless earlier terminated by the ,secretary concerned4 7g7 ,redesignation ,the expiration of the #bj-year period specified in subsection 7f7 does not prohibit the ,secretary concerned from redesignating an area of the ,national ,forest ,system or public lands as a high-risk area if the ,secretary determines that the ,national ,forest ,system land or public lands continues to be subject to the terms of this section1 except that such redesignation is subject to consultation with ,governors from affected ,states1 county government from affected counties1 and affected ,indian tribes4 7h7 ,recognition of valid and existing rights ,the designation of a high-risk area shall not be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land or public lands included in the area for hunting1 fishing1 and other related purposes2 or 7#b7 valid and existing rights regarding the ,national ,forest ,system land or public lands4 #f4 ,use of emergency hazardous fuels reduction projects for high-risk areas 7a7 ,project proposals 7#a7 ,proposals authorized ,upon designation of a high-risk area in a ,state1 the ,governor of the ,state may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area4 ,the ,secretary concerned also may develop emergency hazardous fuels reduction projects4 7#b7 ,project criteria ,in preparing proposed emergency hazardous fuels reduction projects1 the ,governor of a ,state and the ,secretary concerned shall-- 7,a7 take into account managing for rights of way1 protection of watersheds1 protection of wildlife and endangered species habitat1 safe-guarding water resources1 and protecting local communities from wildfires2 and 7,b7 emphasize activities that thin the forest to provide the greatest health and longevity of the forest4 7b7 ,consultation ,in preparing proposed emergency hazardous fuels reduction projects1 the ,governor of a ,state shall consult with county government from affected counties1 and with affected ,indian tribes4 ,if the ,secretary concerned develops a proposal1 the ,secretary concerned shall consult with the ,governor of the affected ,state1 county government from affected counties1 and affected ,indian tribes4 7c7 ,submission and implementation ,the ,governor of a ,state shall submit proposed emergency hazardous fuels reduction projects to the ,secretary concerned for implementation4 7d7 ,implementation of projects 7#a7 ,state proposed projects ,the ,secretary concerned shall implement hazardous fuels reduction projects proposed by ,governors within #fj days of the date on which the ,secretary receives the proposal4 7#b7 ,secretary proposed projects ,the ,secretary concerned shall implement hazardous fuels reduction projects proposed by the ,secretary concerned within #fj days of the date on which the proposal is finalized4 #g4 ,applicability of expedited procedures and authorities of ,healthy ,forests ,restoration ,act of #bjjc to emergency hazardous fuels reduction 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 emergency hazardous fuels reduction projects developed under section #f4 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 ,forest ,service emergency hazardous fuels reduction projects4 7c7 ,required modifications ,in applying title ,i of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa et seq47 to emergency hazardous fuels reduction projects1 the ,secretary concerned shall make the following modifications3 7#a7 ,the authority shall apply to the entire high-risk area1 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 ,secretary concerned1 including necessary connected actions 7as described in section #aejh4be7;a77#a7 of title #dj1 ,code of ,federal ,regulations71 of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title4 7#c7 ,the ,secretary is not required to study1 develop1 or describe more than the proposed agency action and a no-action alternative in the environmental assessment or environmental impact statement prepared pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for an emergency hazardous fuels reduction project1 except that1 if an at-risk community has adopted a community wildfire protection plan 7as defined in section #aja7c7 of the ,healthy ,forest ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa7c777 that includes the land covered by the proposed agency action1 but the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments1 the ,secretary shall evaluate the recommendations in the plan as an additional alternative to the proposed agency action4 7d7 ,forest management plans ,all projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the ,national ,forest ,system or public lands for which the designation is made1 except that the ,secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation4 7e7 ,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 project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area shall not be delegated to a ,state forester or any other officer or employee of the ,state in which the emergency hazardous fuels reduction project will be carried out4 7f7 ,categorical exclusion ,if a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within #ejj feet of utility or telephone infrastructure1 campgrounds1 roadsides1 heritage sites1 recreation sites1 schools1 or other infrastructure1 the project or activity 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 so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan4 #h4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation with ,states to reduce wildfire risks 7a7 ,definitions ,in this section3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that contains ,national ,forest ,system land or land under the jurisdiction of the ,bureau of ,land ,management4 7#b7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 or 7,b7 the ,secretary of the ,interior1 with respect to land under the jurisdiction of the ,bureau of ,land ,management4 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 ,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 subsection 7c7 on ,national ,forest ,system land or land under the jurisdiction of the ,bureau of ,land ,management1 as applicable1 in the eligible ,state4 7c7 ,authorized services ,the forest1 rangeland1 and watershed restoration and protection services referred to in subsection 7b7 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 7d7 ,state as agent ,except as provided in subsection 7g71 a cooperative agreement or contract entered into under subsection 7b7 may authorize the ,state forester to serve as the agent for the ,secretary in providing the restoration and protection services authorized under subsection 7b74 7e7 ,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 subsection 7b74 7f7 ,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 subsection 7b74 7g7 ,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 ,act by a ,state forester on ,national ,forest ,system land or ,bureau of ,land ,management land1 as applicable1 shall not be delegated to a ,state forester or any other officer or employee of the eligible ,state4 7h7 ,applicable law ,the restoration and protection services to be provided under this ,act shall be carried out on a project-to-project basis under existing authorities of the ,forest ,service or ,bureau of ,land ,management1 as applicable4 #i4 ,stewardship end result contracting project authority 7a7 ,extension of authority ,section #cdg7;a7 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 note7 is amended by striking #bjac and inserting #bjag4 7b7 ,duration of contracts ,section #cdg7;c77#b7 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 note7 is amended by striking #aj years and inserting #bj years4