National Forest Emergency Response Act - Declares that the fire hazard and human endangerment in national forests to be designated by the Secretary of Agriculture constitute emergency circumstances. Directs the Secretary to designate (for up to 10 years) at least one national forest in each state that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors.
Makes provisions of the Healthy Forests Restoration Act regarding hazardous fuel reduction on federal land (including environmental analysis requirements, the special administrative review process, and the judicial review process) applicable to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstances, subject to specified modifications by the Secretary.
Requires a project conducted in a designated national forest under this Act that comprises less than 10,000 acres (with exceptions, including components of the National Wilderness Preservation System, any federal land on which the removal of vegetation is restricted or prohibited by Act of Congress or presidential proclamation, or a congressionally designated wilderness study area) to be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement.
Prohibits a U.S. court from issuing any restraining order, preliminary injunction, or injunction pending appeal regarding any decision to engage in remedial action or to prepare, advertise, offer, award, or operate a timber sale in a designated forest.
Authorizes the Secretary to enter into a cooperative agreement or contract with a state forester to provide forest, rangeland, and watershed restoration and protection services on national forest system land in that state.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1895 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1895
To respond to the extreme fire hazard and unsafe conditions resulting
from pine beetle infestation, drought, disease, or storm damage by
declaring a state of emergency and directing the Secretary of
Agriculture to immediately implement hazardous fuels reduction projects
in the manner provided in title I of the Healthy Forests Restoration
Act of 2003, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Mrs. Noem 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 respond to the extreme fire hazard and unsafe conditions resulting
from pine beetle infestation, drought, disease, or storm damage by
declaring a state of emergency and directing the Secretary of
Agriculture to immediately implement hazardous fuels reduction projects
in the manner provided in title I of the Healthy Forests Restoration
Act of 2003, 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 ``National Forest Emergency Response
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) forest health and human safety in certain national
forests have deteriorated dangerously due to pine beetle
infestation, disease, storm damage, and drought; and
(2) the resulting fire hazard in those national forests
endangers adjacent communities, ranches, State parks, and
several units of the National Park System and poses a
significant threat to the economic stability of surrounding
areas and the health, safety, and well-being of residents and
visitors to those areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Designated national forest.--The term ``designated
national forest'' means a national forest designated by the
Secretary under section 4(b).
(2) Emergency circumstances.--The term ``emergency
circumstances'' has the meaning given the term in section
1506.11 of title 40, Code of Federal Regulations (or a
successor regulation).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF PILOT PROJECT
NATIONAL FORESTS.
(a) In General.--In recognition of deteriorating forest health
conditions, extreme fire hazard, and the significant number of dead and
dying trees in certain national forests due to pine beetle infestation,
drought, disease, or storm damage, and the resulting imminent risk of
devastating wildfire that poses a significant threat to the economic
stability of surrounding areas and the health, safety, and well-being
of residents, firefighters, and visitors to the areas, Congress
declares that the fire hazard and human endangerment in those national
forests designated by the Secretary under subsection (b) constitute
emergency circumstances.
(b) Designations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate not less
than 1 national forest in each applicable State that is
experiencing conditions that constitute emergency circumstances
due to pine beetle infestation, drought, disease, or storm
damage and the resulting imminent risk of devastating wildfire
that poses a significant threat to the economic stability of
surrounding areas and the health, safety, and well-being of
residents, firefighters, and visitors to the areas.
(2) Limitation.--A designation under paragraph (1) shall be
for a period not to exceed 10 years.
SEC. 5. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE
HEALTHY FORESTS RESTORATION ACT OF 2003 TO DESIGNATED
FOREST SERVICE PILOT PROJECTS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all Forest Service projects and activities implementing the land and
resource management plan developed for the designated national forests
during the term of the emergency circumstance declared under section 4.
(b) Application of Other Law.--Section 322 of Public Law 102-381
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects
conducted in accordance with this section.
(c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest
Service projects and activities in designated national forests, the
Secretary shall make the following modifications:
(1) The authority shall apply to the entire designated
national forest, including land that is outside of a wildland-
urban interface area or that does not satisfy any of the other
eligibility criteria specified in section 102(a) of that Act
(16 U.S.C. 6512(a)).
(2) All projects and activities of the Forest Service,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a
successor regulation)), shall be considered to be authorized
hazardous fuel reduction projects for purposes of applying the
title.
(3) In the case of a project intended to address the
existence of an infestation of disease or insects, or the
presence of such an infestation on immediately adjacent land,
the Secretary may proceed with the project if there is any risk
the infestation will spread, not just in the event of an
imminent risk of the spread of the infestation.
(4) Forest Service projects and activities in the
designated national forest conducted under title I of that Act
shall not be counted toward the limitation in section 102(c) of
that Act (16 U.S.C. 6512(c)) on the total quantity of acreage
that may be treated under that title.
(d) Smaller Projects.--
(1) In general.--Except as provided in paragraph (2), a
project conducted in a designated national forest in accordance
with this section that comprises less than 10,000 acres shall
be considered an action categorically excluded from the
requirements for an environmental assessment or an
environmental impact statement under section 1508.4 of title
40, Code of Federal Regulations (or a successor regulation).
(2) Exclusion of certain areas.--Paragraph (1) does not
apply to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation
is restricted or prohibited;
(C) a congressionally designated wilderness study
area; or
(D) an area in which activities under paragraph (1)
would be inconsistent with the applicable land and
resource management plan.
(e) Prohibition on Restraining Orders, Preliminary Injunctions, and
Other Relief Pending Judicial Review.--
(1) In general.--No restraining order, preliminary
injunction, or injunction pending appeal shall be issued by any
court of the United States with respect to any decision to
engage in any remedial action or to prepare, advertise, offer,
award, or operate a timber sale under this section in a
designated national forest.
(2) Applicability of other law.--Section 705 of title 5,
United States Code, shall not apply to any challenge to a sale
described in paragraph (1).
SEC. 6. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract (including a sole source contract) with a
State forester to authorize the State forester to provide the
forest, rangeland, and watershed restoration and protection
services described in paragraph (2) on National Forest System
land in the eligible State.
(2) Authorized services.--The forest, rangeland, and
watershed restoration and protection services referred to in
paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve
forest, rangeland, and watershed health, including fish
and wildlife habitat.
(3) State as agent.--Except as provided in paragraph (6), a
cooperative agreement or contract entered into under paragraph
(1) may authorize the State forester to serve as the agent for
the Secretary in providing the restoration and protection
services authorized under that paragraph.
(4) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter
into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract
entered into under paragraph (1).
(5) Timber sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative
agreement or contract entered into under paragraph (1).
(6) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any
restoration and protection services to be provided under this
section by a State forester on National Forest System land
shall not be delegated to a State forester or any other officer
or employee of the eligible State.
(7) Applicable law.--The restoration and protection
services to be provided under this section shall be carried out
on a project-to-project basis under existing authorities of the
Forest Service.
<all>
Introduced in House
Introduced in House
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 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 the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line