Arizona Wallow Fire Recovery and Monitoring Act - (Sec. 3) Requires the Secretary of Agriculture (USDA) to commence within 30 days after enactment of this Act and complete within 75 days an evaluation of the Wallow Fire Area, which shall include: (1) a map of the burn intensity within the Area; (2) a description of the forest conditions in the burned areas, the risks that the conditions in such Area may pose to forest users, communities, private property, and natural resources, and the actions undertaken by the Forest Service to reduce such risks; (3) a map and description of areas for potential hazard tree removal and potential fire-damaged commercial tree removal; (4) preliminary estimates of the costs and receipts to be derived from the hazard tree and fire-damaged commercial timber identified for potential removal and the receipts likely to be lost if action is not taken in a timely manner; and (5) a description of the desired outcomes of rehabilitation and tree removal in burned portions.
Requires the Secretary to exclude from areas identified for tree removal high fire-severity burned areas on steep slopes, slopes with an incline greater than 40%, riparian areas, and fragile erosive sites, unless tree removal in those areas is necessary to address public health and safety concerns.
(Sec. 4) Requires the Secretary: (1) to identify projects to reduce such risks by removing hazard trees and fire-damaged, dead, and dying timber resources in such Area; (2) to consider the results of the evaluation in identifying such projects; (3) in selecting tree removal techniques, to take into account the degree of ground disturbances, soil types, soil saturation, worker safety, threatened or endangered species, aquatic systems, and other ecological values associated with project sites; (4) to use an effectiveness monitoring framework to assess the ecological and economic effects of each timber removal project carried out; and (5) in carrying out such projects, to focus tree removal to hazard trees and trees that are already down, dead, or so severely root-sprung that mortality is highly probable and not construct any permanent road. Expresses the intent of Congress that all projects be completed by September 30, 2013.
Authorizes the Secretary to use the pre-decisional administrative review process in lieu of an administrative appeal under the Department of the Interior and Related Agencies Appropriations Act, 1993 for any collaboratively-developed project to remove hazard trees and fire-damaged, dead, and dying timber resources in such Area for which a decision notice or record of decision has been issued by September 30, 2012.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1344 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1344
To direct the Secretary of Agriculture to take immediate action to
recover ecologically and economically from a catastrophic wildfire in
the State of Arizona, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2011
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to take immediate action to
recover ecologically and economically from a catastrophic wildfire in
the State of Arizona, 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.
This Act may be cited as the ``Arizona Wallow Fire Recovery and
Monitoring Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to direct the Secretary of Agriculture
to take certain actions--
(1) to rehabilitate and restore the Wallow Fire Area;
(2) to recover material that is fire-damaged, but still
merchantable, from the Wallow Fire Area before the material
loses economic value;
(3) to create defensible space around communities to
effectively and safely fight future fires in the vicinity of
the Wallow Fire Area;
(4) to monitor the environmental and economic effects of
the removal of fire-damaged trees from the Wallow Fire Area;
and
(5) to provide a mechanism to offset the costs of forest
restoration in the Wallow Fire Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Burned area emergency response.--The term ``burned area
emergency response'' means the process used by the Secretary to
plan and implement emergency stabilization actions on Federal
land in response to an immediate post-fire condition--
(A) to minimize threats to life or property; or
(B) to stabilize and prevent unacceptable
degradation to natural and cultural resources resulting
from the effects of the catastrophic event.
(2) Community protection management area.--The term
``Community Protection Management Area'' means--
(A) the wildland-urban interface in a community
wildfire protection plan;
(B) human development areas having special
significance, including critical communication sites,
high voltage transmission lines, developed recreation
sites, and other structures that, if destroyed by fire,
would result in hardship to communities; and
(C) the fuels adjacent to areas described in
subparagraph (B).
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
the term in section 101 of the Healthy Forest Restoration Act
of 2003 (16 U.S.C. 6511).
(4) Hazard tree and commercial timber evaluation.--The term
``hazard tree and commercial timber evaluation'' means an
evaluation of the hazard trees and fire-damaged, dead, and
dying timber resources on the National Forest System land in
the Wallow Fire Area conducted in accordance with section 4.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(6) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Timber removal project.--The term ``timber removal
project'' means a timber removal project for the Wallow Fire
Area identified under a hazard tree and commercial timber
evaluation.
(9) Wallow fire.--The term ``Wallow Fire'' means the fire
that originated in the Bear Wallow Wilderness on May 29, 2011.
(10) Wallow fire area.--The term ``Wallow Fire Area'' means
the approximately 538,000-acre fire perimeter in the State of
Arizona, as depicted on the map entitled ``Wallow Fire Az-ASF-
110152 Progression Map'' and dated June 28, 2011.
SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION.
(a) In General.--The Secretary shall conduct a hazard tree and
commercial timber evaluation that identifies timber resources
appropriate for removal within the Wallow Fire Area not later than the
date that is the earlier of--
(1) the date that is 30 days after the completion of the
burned area emergency response for the Wallow Fire Area; or
(2) the date that is 45 days after the date of containment
of the Wallow Fire.
(b) Report Required.--In conducting a hazard tree and commercial
timber evaluation under subsection (a), the Secretary shall prepare a
report that includes--
(1) a description of--
(A) the forest conditions in the burned areas of
the Wallow Fire Area; and
(B) the short- and long-term risks the conditions
pose to forest users, communities, private property,
and remaining resources;
(2) a map of areas for potential hazard tree removal, areas
for potential fire-damaged commercial tree removal, and areas
for potential elimination from harvest consideration, including
a delineation of the Community Protection Management Area for
the Wallow Fire Area;
(3) a map of the burn intensity within the Wallow Fire
Area;
(4) a preliminary determination of--
(A) the anticipated receipts to be derived from the
hazard and fire-damaged commercial timber identified
for removal in the Wallow Fire Area;
(B) the estimated costs to the Secretary associated
with the removal of the timber; and
(C) to the maximum extent practicable, receipts
likely to be lost if action is not taken in a timely
manner;
(5) a description of 1 or more proposals for timber removal
projects providing for the removal of hazard trees and fire-
damaged, dead, and dying timber resources in the Wallow Fire
Area; and
(6) a description of the desired outcomes of rehabilitation
and tree removal in burned portions of the Wallow Fire Area.
(c) Excluded Areas.--In identifying areas for tree removal under
subsection (a), the Secretary shall exclude high fire-severity burned
areas on steep slopes, slopes with an incline greater than 40 percent,
riparian areas, and fragile erosive sites, unless tree removal in those
areas is necessary to address public health and safety concerns.
(d) Public Involvement.--The Secretary shall facilitate the
meaningful involvement of State and local officials, Indian tribes,
institutions of higher education, and other interested persons during
the preparation of the hazard tree and commercial timber evaluation
conducted under this section.
(e) Deadline for Completion.--Not later than 45 days after the date
on which the Secretary commences the hazard tree and commercial timber
evaluation, the Secretary shall complete the hazard tree and commercial
timber evaluation.
SEC. 5. TIMBER REMOVAL PROJECTS.
(a) Timber Removal Project Requirements.--
(1) In general.--The Secretary shall limit the removal of
trees under a timber removal project under this Act to hazard
trees and trees that are already down, dead, or severely root-
sprung, such that mortality is highly probable.
(2) Considerations.--In selecting tree removal techniques
for a timber removal project under this Act, the Secretary
shall take into account the degree of ground disturbances, soil
types, soil saturation, worker safety, threatened and
endangered species, aquatic systems, and other ecological
values associated with the site of the timber removal project.
(3) Monitoring requirements.--The Secretary shall use an
effectiveness monitoring framework to assess the ecological and
economic effects of tree removal projects carried out under
this Act with respect to accomplishing desired outcomes
identified in the hazard tree and commercial timber evaluation.
(4) Limitation.--Nothing in this Act authorizes new
permanent road construction for timber removal.
(5) Congressional intent.--It is the intent of Congress
that all timber removal projects carried out under this Act be
completed by the date that is not later than 18 months after
the date of enactment of this Act.
(b) Environmental Compliance.--
(1) In general.--Except as otherwise provided in this Act,
the Secretary 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 timber removal
projects.
(2) NEPA requirements.--
(A) In general.--In the case of a timber removal
project to be conducted in a Community Protection
Management Area under this Act, the Secretary shall
prepare an environmental assessment for the proposed
agency action under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(B) Alternatives.--Nothing in this subsection
requires the Secretary to study, develop, or describe
any alternative to the proposed agency action in the
environmental assessment conducted under subparagraph
(A).
(C) Public participation.--The Secretary shall
provide an opportunity for public participation during
the preparation of the environmental assessment under
subparagraph (A), in accordance with existing
protocols.
(3) Administrative and judicial review.--Timber removal
projects carried out under this Act are subject to the special
administrative process and judicial review process under
sections 105 and 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6515, 6516).
(4) Use of receipts.--Amounts collected by the Secretary
from a timber removal project carried out under this Act shall
be available for expenditure by the Secretary without further
appropriation for forest restoration treatments on the Apache-
Sitgreaves National Forest in the State of Arizona.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4486-4487)
Read twice and referred to the Committee on Energy and Natural Resources.
Subcommittee on Public Lands and Forests. Hearings held. With printed Hearing: S.Hrg. 112-226.
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Energy and Natural Resources. Reported by Senator Bingaman under authority of the order of the Senate of 12/17/2011 with an amendment in the nature of a substitute. With written report No. 112-126.
Committee on Energy and Natural Resources. Reported by Senator Bingaman under authority of the order of the Senate of 12/17/2011 with an amendment in the nature of a substitute. With written report No. 112-126.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 287.
Star Print ordered on reported bill.
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