,,ii #aacth ,,congress #ast ,session ,s4 #adgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,mr4 ,lee 7for himself1 ,mr4 ,barrasso1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,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 land and public land 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 title2 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 title2 table of contents4 ,sec4 #b4 ,purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,authorized wildfire prevention projects4 ,sec4 #e4 ,public review and environmental analysis4 ,sec4 #f4 ,administrative and judicial review4 ,sec4 #g4 ,threatened and endangered species designations4 ,sec4 #h4 ,savings clause4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to expedite wildfire prevention projects to reduce the chances of wildfire 7including catastrophic wildfire7 on certain ,federal land2 7#b7 to reduce threats to endangered species from wildfires2 and 7#c7 to provide to the ,secretary of ,agriculture and the ,secretary of the ,interior tools to streamline projects to reduce the potential for wildfires4 #c4 ,definitions ,in this ,act3 7#a7 ,at-risk community ,the term at-risk community has the meaning given the 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 on which there is a high risk of losing an at-risk community1 key ecosystem1 wildlife1 or wildlife habitat to wildfire 7including catastrophic wildfire and post-fire disturbances71 as documented by the ,secretary concerned2 or 7,b7 ,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 entitled ,development of ,coarse-,scale ,spatial ,data for ,wildland ,fire and ,fuel ,management 7,,rmrs-#hg7 and dated ,april #bjjj 7including any subsequent revision to the report74 7#c7 ,authorized wildfire prevention project 7,a7 ,in general ,the term authorized wildfire prevention project means the measures and methods developed for a project to be carried out in an at-risk forest or on threatened and endangered species habitat by the ,secretary concerned for the purpose of hazardous fuels reduction1 forest health1 forest restoration1 watershed restoration1 or threatened and endangered species habitat protection4 7,b7 ,inclusions ,the term authorized wildfire prevention project includes livestock grazing and timber harvest projects carried out for one or more of the purposes described in subparagraph 7,a74 7#d7 ,federal land 7,a7 ,in general ,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 land4 7,b7 ,exclusion ,the term ,federal land 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 area4 7#e7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#f7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to land of the ,national ,forest ,system described in paragraph 7#d77;,a77i72 and 7,b7 the ,secretary of the ,interior1 with respect to public land4 7#g7 ,threatened and endangered species habitat ,the term threatened and endangered species habitat means ,federal land on which natural fire regimes are identified as being important for1 or wildfire is identified as a threat to1 an endangered species1 a threatened species1 or habitat of an endangered species or threatened species in-- 7,a7 a species recovery plan prepared under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 or 7,b7 a notice published in the ,federal ,register that-- 7i7 determines a species to be an endangered species or a threatened species2 or 7ii7 designates critical habitat for an endangered species or a threatened species4 #d4 ,authorized wildfire prevention projects 7a7 ,projects authorized ,as soon as practicable after the date of enactment of this ,act1 the ,secretary concerned shall implement authorized 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 activities4 7b7 ,project elements 7#a7 ,threatened and endangered species habitat ,in the case of an authorized wildfire prevention project carried out on threatened and endangered species habitat1 the project shall be carried out-- 7,a7 to provide enhanced protection from wildfire 7including catastrophic wildfire7 for the endangered species1 threatened species1 or habitat of the endangered species or threatened species2 and 7,b7 in compliance with any applicable guidelines specified in the species recovery plan prepared under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7#b7 ,at-risk forests ,in the case of an authorized wildfire prevention project carried out in an at-risk forest1 the project shall be carried out so as to move ,federal land in condition class ,,ii or ,,iii toward condition class ,i1 as those classes were developed by the ,forest ,service ,rocky ,mountain ,research ,station in the general technical report entitled ,development of ,coarse-,scale ,spatial ,data for ,wildland ,fire and ,fuel ,management 7,,rmrs-#hg7 and dated ,april #bjjj 7including any subsequent revision to the report74 7c7 ,grazing 7#a7 ,in general ,domestic livestock grazing may be used in an authorized wildfire prevention project-- 7,a7 to reduce surface fuel loads2 and 7,b7 to recover burned areas4 7#b7 ,utilization standards ,utilization standards shall not apply in cases in which domestic livestock grazing is used in an authorized wildfire prevention project4 7d7 ,timber harvesting and thinning ,timber harvesting and thinning may be used in an authorized wildfire prevention project to reduce ladder and canopy fuel loads to prevent wildfire 7including catastrophic wildfire74 7e7 ,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 authorized wildfire prevention project1 to revise or amend-- 7#a7 the land and resource management plan applicable to the ,national ,forest ,system land on which authorized wildfire prevention project is to be conducted2 or 7#b7 the land use plan applicable to the public land on which the authorized wildfire prevention project is to be conducted4 7f7 ,consideration of public petitions ,not later than #fj days after the date on which the ,secretary receives a public petition for the designation of ,federal land as an at-risk forest or as a threatened and endangered species habitat1 the ,secretary concerned shall-- 7#a7 review the petition2 and 7#b7 make a determination regarding the designation4 #e4 ,public review and environmental analysis 7a7 ,public notice and comment 7#a7 ,initial notice ,the ,secretary concerned shall publish in the ,federal ,register notice of a proposed authorized wildfire prevention project4 7#b7 ,written comments ,not later than #cj days after the date of publication of the notice under paragraph 7#a71 any person may submit to the ,secretary specific written comments that relate to the proposed authorized wildfire prevention project4 7#c7 ,final designated project 7,a7 ,in general ,not later than #fj days after the date on which the notice is published under paragraph 7#a71 after taking into account any comments received under paragraph 7#b71 the ,secretary concerned shall-- 7i7 designate the final authorized wildfire prevention project2 and 7ii7 publish in the ,federal ,register notice of the final authorized wildfire prevention project4 7,b7 ,written comments ,not later than #cj days after the date on which the notice is published under subparagraph 7,a77ii71 any person who submitted comments regarding the proposed authorized wildfire prevention project under paragraph 7#b7 may submit to the ,secretary specific written comments that relate to the final designated authorized wildfire prevention project4 7b7 ,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 authorized wildfire prevention project4 7c7 ,interagency cooperation ,the informal consultation requirements in section #djb4je of title #ej1 ,code of ,federal ,regulations 7or a successor regulation71 shall apply to an authorized wildfire prevention project4 7d7 ,special rules for certain projects 7#a7 ,covered projects2 deadline ,if an authorized wildfire prevention project includes timber harvesting or grazing1 the ,secretary concerned shall prepare an environmental assessment not later than #cj days after the date on which the notice is published under subsection 7a77#a7 for the proposed agency action under section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b774 7#b7 ,effect of failure to meet deadline ,the authorized wildfire prevention project shall be considered to be compliant with all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the ,secretary concerned fails to meet the deadline specified in paragraph 7#a74 7#c7 ,project lengths 7,a7 ,livestock grazing projects ,in the case of a livestock grazing project1 an environmental assessment conducted under paragraph 7#a7 shall be considered to be sufficient for a minimum of #aj years4 7,b7 ,timber harvest projects ,in the case of a timber harvest project1 an environmental assessment conducted under paragraph 7#a7 shall be considered to be sufficient for a minimum of #bj years4 7#d7 ,alternatives ,nothing in this section requires the ,secretary concerned to study1 develop1 or describe any alternative to the proposed agency action in the environmental assessment conducted under paragraph 7#a74 7e7 ,effect of compliance ,compliance with this section shall be considered to satisfy the requirements of-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7#c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#d7 the ,multiple-,use ,sustained-,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq474 #f4 ,administrative and judicial review 7a7 ,administrative review ,the special administrative review process established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae7 shall apply to any administrative review of an authorized wildfire prevention project4 7b7 ,judicial review ,any judicial proceeding relating to an authorized wildfire prevention project shall be conducted in accordance with section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf74 #g4 ,threatened and endangered species designations 7a7 ,in general ,before a species may be listed as an endangered species or a threatened species under section #d7;c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;c771 the ,secretary concerned shall conduct research to determine the impact that the listing would have on forest fuel loads1 including forage and timber4 7b7 ,wildfire risk assessment analysis ,recovery plans for threatened species and endangered species under section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f77 and critical habitat determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 shall include wildfire risk assessment analysis4 #h4 ,savings clause ,nothing in this ,act precludes a categorical exclusion 7as defined in section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations774