Section 1 Short title
This Act may be cited as the “Small-diameter Timber and Underutilized Material Act of 2023”.
Small-diameter Timber and Underutilized Material Act of 2023
A BILL
To provide for the removal of small-diameter trees in fire hazard areas, and for other purposes.
Sec. 2 Definitions
In this Act:
Federal land— The term Federal land means land under the jurisdiction of—
the Bureau of Land Management;
the Bureau of Reclamation;
the National Park Service;
the United States Fish and Wildlife Service; or
the Forest Service.
Fire hazard area— The term fire hazard area means an area that—
has been identified by the Secretary concerned as having a very high wildfire hazard risk;
is located on Federal land; and
is located west of the 100th meridian in the contiguous 48 States.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land administered by that Secretary; and
the Secretary of the Interior, with respect to Federal land administered by that Secretary.
Small-diameter tree— The term small-diameter tree means a tree, or portion thereof, as determined by the Secretary concerned, that has a diameter at breast height of generally not greater than 8 inches.
Sec. 3 Prices
In general— Except as provided in subsection (b), notwithstanding any other provision of law—
the Secretary concerned may not—
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
recover any processing or monitoring cost of authorizing a person to remove a small-diameter tree in a fire hazard area; and
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.
Fees— The Secretary concerned may charge a fee, in accordance with regulations promulgated by the Secretary concerned, for removal of a small-diameter tree of a particular species of tree in a fire hazard area if the Secretary concerned—
determines that the fee is appropriate; and
discloses that determination to the public.
No volume determinations; appraisals— As part of a small-diameter tree removal described in subsection (a), the Secretary concerned may not—
require a volume determination, including by scaling, measuring, weighing, or counting small-diameter trees before or after cutting or removal; or
conduct a timber appraisal to determine the fair-market value of the small-diameter trees being removed.
Applicability— This section shall only apply to contracts or permits 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.
Sec. 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.
Sec. 5 Tree designation
The Secretary concerned shall seek to designate for removal small-diameter trees in a fire hazard area by utilizing the most efficient method of designation, which may include designation by description, designation by prescription, or physical marking.