California Catastrophic Wildfire Prevention and Community Protection Act - Directs the Secretaries of Agriculture and the Interior to carry out eligible projects on National Forest System lands and public lands, respectively, in California which are within or adjacent to at-risk communities or watersheds if the project is consistent with the applicable community wildfire protection plan or county fire plan.
Requires eligible projects on such lands to be carried out in a cost-effective manner that focuses on surface, ladder, and canopy fuels reduction activities or implements forest restoration activities in response to extreme weather events or natural disasters.
Requires the Secretaries to: (1) prepare an environmental assessment or an environmental impact statement pursuant to the National Environmental Policy Act of 1969 for each proposed eligible project; and (2) evaluate and consider an alternative recommendation if a project is or may be inconsistent with its community wildfire protection plan.
Requires administrative and judicial review of eligible projects in accordance with the Healthy Forests Restoration Act of 2003.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2899 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2899
To address the public health and safety threat presented by the risk of
catastrophic wildfire on Federal forestlands of the State of California
by requiring the Secretary of Agriculture and the Secretary of the
Interior to expedite forest management projects relating to hazardous
fuels reduction, forest restoration, and forest health.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2009
Mr. Herger (for himself, Mr. McClintock, Mr. Daniel E. Lungren of
California, and Mr. Radanovich) introduced the following bill; which
was referred to the Committee on Agriculture, and in addition to the
Committee on Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To address the public health and safety threat presented by the risk of
catastrophic wildfire on Federal forestlands of the State of California
by requiring the Secretary of Agriculture and the Secretary of the
Interior to expedite forest management projects relating to hazardous
fuels reduction, forest restoration, and forest health.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California
Catastrophic Wildfire Prevention and Community Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Project authority consistent with community wildfire protection
plan.
Sec. 5. Elements of eligible projects.
Sec. 6. Environmental analysis.
Sec. 7. Administrative and judicial review.
Sec. 8. Acceptance and use of funds or in-kind services.
Sec. 9. Report.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Forested lands under the jurisdiction of the Forest
Service and Bureau of Land Management in California have grown
into a state of unnatural density and structure.
(2) Overgrown forest conditions, in combination with
continued drought and other climatic circumstances, have left
these forests at extreme risk to insects, disease, and
catastrophic wildfire.
(3) The risk of catastrophic wildfire presents a very real
threat to the health and safety of individuals and communities
in the wildland-urban interface as well as to the property of
adjacent private landowners.
(4) The catastrophic, stand-replacing fires that are
occurring with increasing frequency as a result of the forest
conditions described in paragraph (2), pose a threat to the
health of lands, watersheds, wildlife, air quality and the
environment.
(5) Local communities and interests are willing to work
collaboratively to assure seamless protection from catastrophic
wildfire and to improve forest health across public and private
lands.
(6) The Federal Government, particularly the Forest Service
and Bureau of Land Management, must address these conditions at
the appropriate annual pace and scale needed across the
landscape to have a substantial impact in reducing natural
disturbances.
SEC. 3. DEFINITIONS.
In this Act:
(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 watershed.--The term ``at-risk watershed''
means a watershed--
(A) where there exists a high risk of losing key
ecosystem, wildlife, and watershed components to severe
fire, including post-fire disturbances, as documented
by the Secretary concerned; and
(B) where there are--
(i) Federal lands in condition class II or
III, as 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 (including any subsequent revision to the
report); or
(ii) private lands that are located in a
``Very High Fire Hazard Severity Zone'', as
determined by the California State Fire
Marshal.
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in Section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(4) County fire plan.--The term ``county fire plan'' means
a plan developed similarly to a community wildfire protection
plan with an annual mitigation strategy developed through a
collaborative effort and formally adopted by the Board of
Supervisors of the county in which the forest lands covered by
the plan are located.
(5) Covered forest lands.--
(A) Included lands.--The term ``covered forest
lands'' means--
(i) National Forest System lands in
California; and
(ii) Public land in California administered
by the Secretary of the Interior through the
Bureau of Land Management.
(B) Excluded land.--The term does not include land
that is a component of the National Wilderness
Preservation System or other Federal land (other than
inventoried roadless areas and wilderness study areas)
in which the removal of vegetation is specifically
prohibited by Federal law.
(6) Eligible project.--The term ``eligible project'' means
the measures and methods included in a project carried out on
covered forest lands by the Secretary concerned for hazardous
fuels reduction, forest health, and forest restoration.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) The Secretary of Agriculture, in the case of
National Forest System lands; and
(B) The Secretary of the Interior, in the case of
public land administered by the Secretary of the
Interior through the Bureau of Land Management.
SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMUNITY WILDFIRE PROTECTION
PLAN.
The Secretary concerned shall carry out eligible projects on
covered forest lands that are within or adjacent to an at-risk
community or an at-risk watershed if the eligible project is consistent
with the applicable community wildfire protection plan or county fire
plan.
SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS.
Eligible projects on covered forest lands shall be carried out in a
cost-effective manner that--
(1) focuses on surface, ladder, and canopy fuels reduction
activities; or
(2) implements forest restoration activities in response to
severe fire, insect, or disease infestation, windthrow, or
other extreme weather events or natural disasters.
SEC. 6. ENVIRONMENTAL ANALYSIS.
(a) General Rule of Proposed Action and No Action Alternative.--The
Secretary concerned shall prepare an environmental assessment or an
environmental impact statement pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each
proposed eligible project. The Secretary concerned shall study,
develop, and describe the proposed action and the alternative of no
action. Except as provided in subsection (b), the Secretary concerned
is not required to study, develop, or describe any alternative actions
to the proposed agency action.
(b) Consideration of Alternative Recommendation.--The Secretary
concerned shall evaluate and consider an alternative recommendation
submitted by the county in which a proposed eligible project is to be
carried out if the county determines that the proposed eligible project
is or may be inconsistent with its community wildfire protection plan.
The Secretary shall publish the evaluation and consideration of the
alternative recommendation in the environmental assessment or
environmental impact statement prepared pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for
the proposed eligible project.
(c) Effect of County Emergency.--
(1) Council on environmental quality.--Pursuant to Section
1506.11 of title 40, Code of Federal Regulations, the Secretary
concerned shall request the Council on Environmental Quality to
develop and approve alternative arrangements for a proposed
eligible project if the county in which the proposed eligible
project is to be carried out, in consultation with the Director
of the California Department of Forestry and Fire Protection,
declares--
(A) a state of emergency; or
(B) the existence of a dangerous nuisance to public
safety, welfare, infrastructure, watersheds, wildlife
habitat, or other vital assets due to the accumulation
of forest fuels and the associated risk of extreme fire
on covered forest lands.
(2) Mandatory information.--When requesting alternative
arrangements under paragraph (1), the Secretary concerned shall
transmit to the Council on Environmental Quality the following
information:
(A) A description of the proposed eligible project.
(B) The condition of forest fuels within or near
the proposed eligible project.
(C) The threat to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire that the
proposed eligible project is to relieve.
(D) The degree to which delaying the implementation
of the proposed eligible project will increase the risk
of serious harm to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire.
(E) Any other information the Secretary concerned
determines relevant.
(3) Further information.--At the request of either the
county in which the eligible project is to be carried out or
the Director of the California Department of Forestry and Fire
Protection, the Secretary concerned shall transmit to the
Council on Environmental Quality information provided to the
Secretary concerned by the State or county concerning the
threat to public safety, welfare, infrastructure, watersheds,
wildlife habitat, or other vital assets due to the accumulation
of forest fuels and the associated risk of extreme fire that
the proposed eligible project is to relieve.
(4) Deadline for alternative arrangements.--Not later than
15 days after receipt of a request under paragraph (1) for
approval of alternative arrangements for a proposed eligible
project, the Council on Environmental Quality shall submit to
the Secretary concerned either the alternative arrangements for
the eligible project or a statement explaining why the
alternative arrangements are denied. If the Council on
Environmental Quality fails to comply with such deadline or
denies alternative arrangements, the Secretary concerned shall
proceed immediately and to completion on the proposed eligible
project notwithstanding any other provision of law including,
but not limited to, the National Environmental Policy Act and
the National Forest Management Act (16 U.S.C. 1601 et seq.).
Such actions shall also not be subject to the notice, comment,
and appeal requirements of the Appeals Reform Act, (16 U.S.C.
1612 (note), Pub. Law No. 102-381 Sec. 322). Any action
authorized by this subsection shall not be subject to judicial
review by any court of the United States.
SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Administrative review of eligible
projects shall occur in accordance with the special administrative
review process established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(b) Judicial Review.--Judicial review of eligible projects shall
occur in accordance with section 106 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6516).
SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND SERVICES.
The Secretary concerned may accept and use funds or in-kind
services from any public or private entity to assist carrying out
eligible projects under this Act.
SEC. 9. REPORT.
The Secretary concerned shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report describing all
eligible projects conducted under this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H6829)
Referred to House Agriculture
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Natural Resources
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
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