S. 4835 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4835 IN THE SENATE OF THE UNITED STATES September 13, 2022Mr. King introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the removal of small-diameter trees in fire hazard areas, and for other purposes. 1. Short title This Act may be cited as the Small-diameter Timber and Underutilized Material Act of 2022. 2. Definitions In this Act: (1) Federal land The term Federal land means land under the jurisdiction of— (A) the Bureau of Land Management; (B) the Bureau of Reclamation; (C) the National Park Service; (D) the United States Fish and Wildlife Service; or (E) the Forest Service. (2) Fire hazard area The term fire hazard area means an area that— (A) has been identified by the Secretary concerned as having a very high wildfire hazard potential; (B) is located on Federal land; and (C) is located west of the 100th meridian. (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land administered by that Secretary; and (B) the Secretary of the Interior, with respect to Federal land administered by that Secretary. (4) Small-diameter tree The term small-diameter tree means a tree, or portion thereof, that has a diameter at breast height of not greater than 8 inches. 3. Prices (a) In general Except as provided in subsection (b), notwithstanding any other provision of law— (1) the Secretary concerned may not— (A) charge a fee to authorize a person to remove a small-diameter tree in a fire hazard area, including a fee for a special use permit; or (B) recover any processing or monitoring cost of authorizing a person to remove a small-diameter tree in a fire hazard area; and (2) if the Secretary concerned authorizes a person to remove a small-diameter tree, including through a timber sale, in a fire hazard area, the Secretary concerned shall not require the person to pay any amount for the small-diameter tree. (b) Fees The Secretary concerned may charge a fee for removal of a small-diameter tree of a particular species of tree in a fire hazard area if the Secretary concerned— (1) determines that the fee is appropriate; and (2) discloses that determination to the public. (c) No volume determinations; appraisals As part of a small-diameter tree removal described in subsection (a), the Secretary concerned may not— (1) require a volume determination, including by scaling, measuring, weighing, or counting small-diameter trees before or after cutting or removal; or (2) conduct a timber appraisal to determine the fair-market value of the small-diameter trees being removed. (d) Applicability This section shall only apply to contracts authorizing a person to remove a small-diameter tree as described in subsection (a) entered into on or after the date of enactment of this Act. 4. Free-use area designation The Secretary of Agriculture, acting through the Chief of the Forest Service, shall designate as a free-use area under section 223.6 of title 36, Code of Federal Regulations (or a successor regulation), any fire hazard area in the National Forest System that contains a small-diameter tree. 5. Tree designation The Secretary concerned shall seek to designate for removal small-diameter trees in a fire hazard area— (1) to the maximum extent practicable, through means that do not include physically marking a small-diameter tree for removal; and (2) by providing a written description of— (A) the small-diameter trees to be removed and to be retained from a project area; or (B) the desired post-harvest stand characteristics within the project area from which the small-diameter tree would be removed.