S. 2768 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2768 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Heller (for himself, Mr. Crapo, Mr. Risch, Mr. Barrasso, 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 expand the use of categorical exclusions for hazardous fuel reduction projects. 1. Short title This Act may be cited as the Emergency Fuel Reduction Act of 2014. 2. Purposes The purposes of this Act are— (1) to expedite wildfire prevention projects to reduce the chances 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 and endangered species, or other species under consideration for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including sage-grouse, whose habitat 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) Definition of adjacent Federal land In this subsection, the term adjacent Federal land means an area of Federal land— (A) that, while not located in the wildland-urban interface, is located within not more than 2 miles of non-Federal land; and (B) 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 the adjacent non-Federal land. (2) Categorical exclusion of certain projects (A) 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— (i) involves the removal of insect-infected trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels within 500 feet of utility or communications infrastructure, a municipal water supply system, campground, roadside, heritage site, recreation site, school, or other infrastructure; (ii) is intended to treat 10,000 acres or less of public land or National Forest System land that— (I) contains threatened and endangered species habitat; or (II) provides conservation benefits to species that are not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) but are a State-listed species, a special concern species, or candidates for a listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (iii) is proposed to be conducted on adjacent Federal land or is recommended in a community wildfire protection plan if— (I) the Secretary determines that the project is consistent with the applicable resource management plan; and (II) the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures established pursuant to section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). (B) Consultation In determining whether an area contains trees or other hazardous fuels described in clause (i), the Secretary shall consult with any utility or other entity that manages the area. (C) Priority for certain projects In providing categorical exclusions under subparagraph (A), the Secretary shall give priority to authorized hazardous fuel reduction projects and other projects recommended in a community wildfire protection plan. (D) Exclusions National Forest System land or public land eligible for treatment under this subsection shall not include land— (i) that is a component of the National Wilderness Preservation System; (ii) on which the removal of vegetation is specifically prohibited by Federal law; or (iii) that is within a National Monument as of the date of the enactment of the Emergency Fuel Reduction Act of 2014. .