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Title II — Healthy Forest Management and Catastrophic Wildfire Prevention

H.R. 1526 · 113th Congress · Sep 23, 2013 · Lineage

II Healthy Forest Management and Catastrophic Wildfire Prevention

Sec. 201 Purposes

The purposes of this title are as follows:
(1)
To provide the Secretary of Agriculture and the Secretary of the Interior with the tools necessary to reduce the potential for wildfires.
(2)
To expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk Federal lands.
(3)
To protect communities and forest habitat from uncharacteristic wildfires.
(4)
To enhance aquatic conditions and terrestrial wildlife habitat.
(5)
To restore diverse and resilient landscapes through improved forest conditions.

Sec. 202 Definitions

In this title:
(1)
At-risk community— The term “at-risk community” has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2)
At-risk forest— The term “at-risk forest” means—
(A)
Federal land in condition class II or III, as those classes were developed by the Forest Service Rocky Mountain Research Station in the general technical report titled “Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management” (RMRS–87) and dated April 2000 or any subsequent revision of the report; or
(B)
Federal land where there exists a high risk of losing an at-risk community, key ecosystem, water supply, wildlife, or wildlife habitat to wildfire, including catastrophic wildfire and post-fire disturbances, as designated by the Secretary concerned.
(3)
Federal land—
(A)
Covered land— The term “Federal land” means—
(i)
land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or
(ii)
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(B)
Excluded land— The term does 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 statute; or
(iii)
that is within a National Monument as of the date of the enactment of this Act.
(4)
High-risk area— The term “high-risk area” means an area of Federal land identified under section 205 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire.
(5)
Secretary concerned— The term “Secretary concerned” means—
(A)
the Secretary of Agriculture, in the case of National Forest System land; and
(B)
the Secretary of the Interior, in the case of public lands.
(6)
Eligible hazardous fuel reduction and forest health projects— The terms “hazardous fuel reduction project” or “forest health project” mean the measures and methods developed for a project to be carried out on Federal land—
(A)
in an at-risk forest under section 203 for hazardous fuels reduction, forest health, forest restoration, or watershed restoration, using ecological restoration principles consistent with the forest type where such project will occur; or
(B)
in a high-risk area under section 206.

Sec. 203 Hazardous fuel reduction projects and forest health projects in at-risk forests

(a)
Implementation— As soon as practicable after the date of the enactment of this Act, the Secretary concerned is authorized to implement a hazardous fuel reduction project or a forest health project in at-risk forests in a manner that focuses on surface, ladder, and canopy fuels reduction activities using ecological restoration principles consistent with the forest type in the location where such project will occur.
(b)
Authorized practices—
(1)
Inclusion of livestock grazing and timber harvesting— A hazardous fuel reduction project or a forest health project may include livestock grazing and timber harvest projects carried out for the purposes of hazardous fuels reduction, forest health, forest restoration, watershed restoration, or threatened and endangered species habitat protection or improvement, if the management action is consistent with achieving long-term ecological restoration of the forest type in the location where such project will occur.
(2)
Grazing— Domestic livestock grazing may be used in a hazardous fuel reduction project or a forest health project to reduce surface fuel loads and to recover burned areas. Utilization standards shall not apply when domestic livestock grazing is used in such a project.
(3)
Timber harvesting and thinning— Timber harvesting and thinning, where the ecological restoration principles are consistent with the forest type in the location where such project will occur, may be used in a hazardous fuel reduction project or a forest health project to reduce ladder and canopy fuel loads to prevent unnatural fire.
(c)
Priority— The Secretary concerned shall give priority to hazardous fuel reduction projects and forest health projects submitted by the Governor of a State as provided in section 206(c) and to projects submitted under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a).

Sec. 204 Environmental analysis

Subsections (b) through (f) of section 104 shall apply to the implementation of a hazardous fuel reduction project or a forest health project under this title. In addition, if the primary purpose of a hazardous fuel reduction project or a forest health project under this title is the salvage of dead, damaged, or down timber resulting from wildfire occurring in 2013, the hazardous fuel reduction project or forest health project, and any decision of the Secretary concerned in connection with the project, shall not be subject to judicial review or to any restraining order or injunction issued by a United States court.

Sec. 205 State designation of high-risk areas of National Forest System and public lands

(a)
Designation authority— The Governor of a State may designate high-risk areas of Federal land in the State for the purposes of addressing—
(1)
deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and
(2)
the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions.
(b)
Consultation— In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes.
(c)
Exclusion of certain areas— The following Federal land may not be designated as a high-risk area:
(1)
A component of the National Wilderness Preservation System.
(2)
Federal land on which the removal of vegetation is specifically prohibited by Federal statute.
(3)
Federal land within a National Monument as of the date of the enactment of this Act.
(d)
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 Federal land for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation.
(e)
Time for initial designations— The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act, but high-risk areas may be designated at any time consistent with subsection (a).
(f)
Duration of designation— The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State.
(g)
Redesignation— The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of Federal land as a high-risk area under this section if the Governor determines that the Federal land continues to be subject to the terms of this section.
(h)
Recognition of valid and existing rights— The designation of a high-risk area shall not be construed to limit or restrict—
(1)
access to Federal land included in the area for hunting, fishing, and other related purposes; or
(2)
valid and existing rights regarding the Federal land.

Sec. 206 Use of hazardous fuels reduction or forest health projects for high-risk areas

(a)
Project proposals—
(1)
Proposals authorized— Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed hazardous fuel reduction projects or forest health projects for the high-risk area.
(2)
Project criteria— In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State and the Secretary concerned shall—
(A)
take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting at-risk communities from wildfires; and
(B)
emphasize activities that thin the forest to provide the greatest health and longevity of the forest.
(b)
Consultation— In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes.
(c)
Submission and implementation— The Governor of a State shall submit proposed emergency hazardous fuel reduction projects and forest health projects to the Secretary concerned for implementation as provided in section 203.

Sec. 207 Moratorium on use of prescribed fire in Mark Twain National Forest, Missouri, pending report

(a)
Moratorium— Except as provided in subsection (b), the Secretary of Agriculture may not conduct any prescribed fire in Mark Twain National Forest, Missouri, under the Collaborative Forest Landscape Restoration Project until the report required by subsection (c) is submitted to Congress.
(b)
Exception for wildfire suppression— Subsection (a) does not prohibit the use of prescribed fire as part of wildfire suppression activities.
(c)
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report containing an evaluation of recent and current Forest Service management practices for Mark Twain National Forest, including lands in the National Forest enrolled, or under consideration for enrollment, in the Collaborative Forest Landscape Restoration Project to convert certain lands into shortleaf pine-oak woodlands, to determine the impact of such management practices on forest health and tree mortality. The report shall specifically address—
(1)
the economic costs associated with the failure to utilize hardwoods cut as part of the Collaborative Forest Landscape Restoration Project and the subsequent loss of hardwood production from the treated lands in the long term;
(2)
the extent of increased tree mortality due to excessive heat generated by prescribed fires;
(3)
the impacts to water quality and rate of water run off due to erosion of the scorched earth left in the aftermath of the prescribed fires; and
(4)
a long-term plan for evaluation of the impacts of prescribed fires on lands previously burned within the Eleven Point Ranger District.