Catastrophic Wildfire Prevention Act of 2012 - Authorizes the Secretary of Agriculture (USDA), with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, (the Secretaries) to implement authorized wildfire prevention projects in at-risk forests and threatened and endangered species in a manner that focuses on surface, ladder, and canopy fuels reduction activities.
Requires projects carried out on threatened and endangered species habitat to: (1) provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or their habitat; and (2) comply with applicable recovery plan guidelines.
Requires projects carried out in at-risk forests to move the federal land from condition class II or III toward condition class I.
Permits use in a project of: (1) domestic livestock grazing to reduce surface fuel loads and to recover burned areas; and (2) timber harvesting and thinning to reduce ladder and canopy fuel loads for the prevention of wildfire, including catastrophic wildfires.
Directs the Secretaries to review public petitions for, and make determinations with respect to, the designation of federal lands as at-risk forests or as threatened and endangered species habitats.
Requires notice in the Federal Register of proposed projects and final designated projects and permits public comment on projects as specified.
Instructs the Secretaries to prepare an environmental assessment for projects that include timber harvesting or grazing.
Instructs the Secretaries to research what impact any listing of a species under the Endangered Species Act of 1973 would have on both forage and timber forest fuel loads. Requires endangered species recovery plans and critical habitat determinations to include a wildfire risk assessment analysis.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5744 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5744
To address the forest health, public safety, and wildlife habitat
threat presented by the risk of wildfire, including catastrophic
wildfire, on National Forest System lands and public lands managed by
the Bureau of Land Management by requiring the Secretary of Agriculture
and the Secretary of the Interior to expedite forest management
projects relating to hazardous fuels reduction, forest health, and
economic development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2012
Mr. Gosar (for himself, Mr. Matheson, Mr. Ross of Arkansas, Mr. Walden,
Mr. Amodei, Mr. Tipton, Mr. Bishop of Utah, Mr. Pearce, Mrs. McMorris
Rodgers, Mrs. Lummis, Mr. Duffy, Mr. Berg, Mr. Thompson of
Pennsylvania, Mr. Denham, Mr. Schweikert, Mr. Sessions, Mr. Long, Mr.
Johnson of Ohio, Mr. Pompeo, Mr. Cole, Mr. Nunes, Mr. Carter, Mr. King
of Iowa, Mr. DesJarlais, Mr. Franks of Arizona, Mr. Gardner, Mr. Flake,
and Mr. Quayle) introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
Agriculture, 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 forest health, public safety, and wildlife habitat
threat presented by the risk of wildfire, including catastrophic
wildfire, on National Forest System lands and public lands managed by
the Bureau of Land Management by requiring the Secretary of Agriculture
and the Secretary of the Interior to expedite forest management
projects relating to hazardous fuels reduction, forest health, and
economic development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Catastrophic
Wildfire Prevention Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Authorized wildfire prevention projects.
Sec. 5. Public review and environmental analysis.
Sec. 6. Administrative and judicial review.
Sec. 7. Threatened and endangered species designations.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) Expedite wildfire prevention projects to reduce the
chances of wildfire, including catastrophic wildfire, on
certain Federal lands.
(2) Reduce threats to endangered species from wildfires.
(3) Provide efficiency tools to the Secretary of
Agriculture and the Secretary of the Interior to streamline
projects to reduce the potential for wildfires.
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 forest.--The term ``at-risk forest'' means--
(A) Federal land where there exists a high risk of
losing an at-risk community, key ecosystem, wildlife,
or wildlife habitat to wildfire, including catastrophic
wildfire and post-fire disturbances, as documented by
the Secretary concerned; or
(B) 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.
(3) Authorized wildfire prevention project.--The term
``authorized wildfire prevention project'' means the measures
and methods developed for a project to be carried out in an at-
risk forest or on threatened and endangered species habitat by
the Secretary concerned for the purpose of hazardous fuels
reduction, forest health, forest restoration, watershed
restoration, or threatened and endangered species habitat
protection. An authorized wildfire prevention project may
include livestock grazing and timber harvest projects carried
out for one or more of such purposes.
(4) 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
in which the removal of vegetation is specifically
prohibited by Federal law unless the land is in an
inventoried roadless area or wilderness study area.
(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) Threatened and endangered species habitat.--The term
``threatened and endangered species habitat'' means Federal
land regarding which natural fire regimes are identified as
being important for, or wildfire is identified as a threat to,
an endangered species, a threatened species, or habitat of an
endangered species or threatened species in--
(A) a species recovery plan prepared under section
4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); or
(B) a notice published in the Federal Register
determining a species to be an endangered species or a
threatened species or designating critical habitat for
an endangered species or a threatened species.
SEC. 4. AUTHORIZED WILDFIRE PREVENTION PROJECTS.
(a) Projects Authorized.--As soon as practicable after the date of
the enactment of this Act, the Secretary concerned shall implement
authorized wildfire prevention projects in at-risk forests and on
threatened and endangered species habitat in a manner that focuses on
surface, ladder, and canopy fuels reduction activities.
(b) Project Elements.--
(1) Threatened and endangered species habitat.--In the case
of an authorized wildfire prevention project carried out on
threatened and endangered species habitat, the project shall be
carried out--
(A) to provide enhanced protection from wildfire,
including catastrophic wildfire, for the endangered
species, threatened species, or habitat of the
endangered species or threatened species; and
(B) in compliance with any applicable guidelines
specified in the species recovery plan prepared under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533).
(2) At-risk forests.--In the case of an authorized wildfire
prevention project carried out in an at-risk forest, the
project shall be carried out to move Federal land in condition
class II or III toward condition class I.
(c) Grazing.--Domestic livestock grazing may be used in an
authorized wildfire prevention project to reduce surface fuel loads and
to recover burned areas. Utilization standards shall not apply when
domestic livestock grazing is used in an authorized wildfire prevention
project.
(d) Timber Harvesting and Thinning.--Timber harvesting and thinning
may be used in an authorized wildfire prevention project to reduce
ladder and canopy fuel loads to prevent wildfire, including
catastrophic wildfire.
(e) Relation to Land and Resource Management Plans and Land Use
Plan.--Nothing in this section requires the Secretary concerned, as a
condition of conducting an authorized wildfire prevention project, to
revise or amend the land and resource management plan applicable to the
National Forest System lands or the land use plan applicable to the
public lands on which the project will be conducted.
(f) Consideration of Public Petitions.--Not later than 60 days
after receiving a public petition for the designation of Federal land
as an at-risk forest or as threatened and endangered species habitat,
the Secretary concerned shall--
(1) review the petition; and
(2) make a determination regarding such designation.
SEC. 5. PUBLIC REVIEW AND ENVIRONMENTAL ANALYSIS.
(a) Public Notice and Comment.--
(1) Proposed projects.--The Secretary concerned shall
publish in the Federal Register notice of a proposed authorized
wildfire prevention project. The public may submit to the
Secretary specific written comments that relate to the project
within 30 days after the date of publication of the notice.
(2) Final decision.--Not later than 60 days after the date
on which notice was published under paragraph (1) with regard
to a proposed authorized wildfire prevention project and after
taking into account any comments received under such paragraph,
the Secretary concerned shall designate the final project and
publish in the Federal Register notice of final designated
project. Only persons who submitted comments regarding the
proposed project under paragraph (1) may submit to the
Secretary specific written comments that relate to the final
designated project. Any comments regarding the final designated
prevention project must be submitted within 30 days after the
date of the publication of the notice.
(b) Environmental Analysis Generally.--Except as otherwise provided
in this Act, the Secretary concerned shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
applicable laws in planning and conducting an authorized wildfire
prevention project.
(c) Interagency Cooperation.--The informal consultation
requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), as codified in section 402.05 of title 50, Code of Federal
Regulations shall apply to an authorized wildfire prevention project.
(d) Special Rules for Certain Projects.--
(1) Covered projects; deadline.--If an authorized wildfire
prevention project includes timber harvesting or grazing, the
Secretary concerned shall prepare an environmental assessment
within 30 days after the date on which notice was published
under subsection (a)(1) for the proposed agency action under
section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).
(2) Effect of failure to meet deadline.--The authorized
wildfire prevention project shall be deemed compliant with all
requirements of the National Environmental Policy Act of 1969
if the Secretary concerned fails to meet the deadline specified
in paragraph (1).
(3) Project lengths.--In the case of a livestock grazing
project, the environmental assessment shall be deemed
sufficient for a minimum of 10 years. In the case of a timber
harvest project, the environmental assessment shall be deemed
sufficient for a minimum of 20 years.
(4) Alternatives.--Nothing in this section requires the
Secretary concerned to study, develop, or describe any
alternative to the proposed agency action in the environmental
assessment conducted under paragraph (1).
(e) Effect of Compliance.--Compliance with this section shall be
deemed to satisfy the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.), section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield Act
of 1960 (16 U.S.C. 528 et seq.).
SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Administrative review of an authorized
wildfire prevention project 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 an authorized wildfire
prevention project shall occur in accordance with section 106 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
SEC. 7. THREATENED AND ENDANGERED SPECIES DESIGNATIONS.
Before listing any species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the Secretary concerned shall conduct
research to find what impact a listing would have on forest fuel loads,
both forage and timber. Endangered species recovery plans and critical
habitat determinations shall include wildfire risk assessment analysis.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Subcommittee Hearings Held.
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