[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 168 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 168
To improve the ability of the Secretary of Agriculture and the
Secretary of the Interior to carry out forest management activities
that reduce the risk of catastrophic wildfires, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. LaMalfa 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 improve the ability of the Secretary of Agriculture and the
Secretary of the Interior to carry out forest management activities
that reduce the risk of catastrophic wildfires, 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.
(a) Short Title.--This Act may be cited as the ``Targeted
Operations to Remove Catastrophic Hazards Act'' or the ``TORCH Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--HAZARDOUS FUEL REDUCTION ACTIVITIES
Sec. 101. Categorical exclusion for high priority hazard tree
activities.
Sec. 102. Utilizing timber sales on National Forest System land for
extreme risk reduction.
Sec. 103. Utilizing grazing for wildfire risk reduction.
Sec. 104. Amendments to the Healthy Forest Restoration Act of 2003 to
improve wildfire mitigation.
Sec. 105. Amendment to fuel breaks in forests and other wildland
vegetation.
TITLE II--GOOD NEIGHBOR AUTHORITY
Sec. 201. Modification of the treatment of certain revenue and payments
under good neighbor agreements.
TITLE III--ELECTRICAL UTILITY LINES RIGHTS-OF-WAYS AND RELATED
VEGETATION MANAGEMENT
Sec. 301. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights-of-way.
Sec. 302. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 303. Permits and agreements with electrical utilities.
TITLE IV--REFORM OF CERTAIN ADMINISTRATIVE REQUIREMENTS
Sec. 401. Nonapplicability of certain additional consultation
requirements of the Endangered Species Act
of 1973.
Sec. 402. Amendment to categorical exclusion for collaborative
restoration projects.
TITLE I--HAZARDOUS FUEL REDUCTION ACTIVITIES
SEC. 101. CATEGORICAL EXCLUSION FOR HIGH PRIORITY HAZARD TREE
ACTIVITIES.
(a) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary of Agriculture shall
develop a categorical exclusion (as defined in section 1508.4
of title 40, Code of Federal Regulations (or a successor
regulation)) for high priority hazard tree activities.
(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion.
(b) Project Size Limitations.--A project to carry out high priority
hazard tree activities to which a categorical exclusion under
subsection (a) is applied may not exceed 3,000 acres.
(c) Definitions.--In this section:
(1) High-priority hazard tree.--The term ``high-priority
hazard tree'' means a standing tree that--
(A) presents a visible hazard to people or Federal
property due to conditions such as deterioration of or
damage to the root system, trunk, stem, or limbs of the
tree, or the direction or lean of the tree, as
determined by the Secretary;
(B) is determined by the Secretary to be highly
likely to fail and, if it failed, would be highly
likely to cause injury to people or damage to Federal
property; and
(C) is within 300 feet of a National Forest System
road with a maintenance level of 3, 4, or 5, a National
Forest System trail, or a developed recreation site on
National Forest System lands that is operated and
maintained by the Secretary.
(2) High-priority hazard tree activities.--The term ``high
priority hazard tree activities''--
(A) means forest management activities that
mitigate the risks associated with high-priority hazard
trees, including pruning, felling, and disposal of
those trees; and
(B) does not include any activity--
(i) conducted in a wilderness area or
wilderness study area;
(ii) for the construction of a permanent
road or permanent trail;
(iii) conducted on Federal land on which,
by Act of Congress or Presidential
proclamation, the removal of vegetation is
restricted or prohibited;
(iv) that would be inconsistent with the
applicable land and resource management plan;
or
(v) conducted in an inventoried roadless
area.
SEC. 102. UTILIZING TIMBER SALES ON NATIONAL FOREST SYSTEM LAND FOR
EXTREME RISK REDUCTION.
Section 14 of the National Forest Management Act of 1976 (16 U.S.C.
472a) is amended--
(1) in subsection (d) by striking ``$10,000'' and inserting
``$50,000''; and
(2) by adding at the end the following new subsection:
``(j) In the event of extreme risks to a unit of National Forest
System land, including catastrophic wildfire, insect and disease
outbreak, wind, hurricane, flood, drought, or to avoid impacts from
such extreme events, the Secretary may, without an appraisal and under
such rules and regulations prescribed by the Secretary, dispose of by
sale or otherwise, portions of trees, or forest products located on
such unit of National Forest System lands.''.
SEC. 103. UTILIZING GRAZING FOR WILDFIRE RISK REDUCTION.
The Secretary of Agriculture, acting through the Chief of the U.S.
Forest Service, in coordination with holders of permits to graze
livestock on Federal land, shall develop a strategy to increase
opportunities to utilize livestock grazing as wildfire risk reduction
strategy, including--
(1) completion of reviews (as required under the National
Environmental Policy Act of 1969 (U.S.C. 4321 et seq.)) to
allow permitted grazing on vacant grazing allotments during
instances of drought, wildfire or other natural disasters that
disrupt grazing on allotments already permitted;
(2) use of targeted grazing;
(3) increase use of temporary permits to promote targeted
fuels reduction and reduction of invasive annual grasses;
(4) increased use of grazing as a postfire recovery and
restoration strategy, where appropriate; and
(5) use all applicable authorities under the law.
SEC. 104. AMENDMENTS TO THE HEALTHY FOREST RESTORATION ACT OF 2003 TO
IMPROVE WILDFIRE MITIGATION.
(a) Promoting Cross-Boundary Wildfire Mitigation.--Section
103(e)(5) of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6513(e)(5)) is amended by striking ``2023'' and inserting ``2030''.
(b) Wildfire Resilience Project Size.--Section 605(c)(1) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)(1)) is
amended by striking ``3000 acres'' and inserting ``10,000 acres''.
SEC. 105. AMENDMENT TO FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
Section 40806(d)(1) of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592b(d)(1)) is amended by striking ``3,000 acres'' and
inserting ``10,000 acres''.
TITLE II--GOOD NEIGHBOR AUTHORITY
SEC. 201. MODIFICATION OF THE TREATMENT OF CERTAIN REVENUE AND PAYMENTS
UNDER GOOD NEIGHBOR AGREEMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)(6), by striking ``or Indian tribe'';
and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (2)(C), by striking clause (i) and
inserting the following:
``(i) In general.--Funds received from the
sale of timber by a Governor, an Indian tribe,
or a county under a good neighbor agreement
shall be retained and used by the Governor,
Indian tribe, or county, as applicable--
``(I) to carry out authorized
restoration services under the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out subclause (I), to
carry out authorized restoration
services under other good neighbor
agreements.''; and
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Conforming Amendments.--Section 8206(a) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, Indian tribe,''
after ``Governor''; and
(2) in paragraph (5), by inserting ``, Indian tribe,''
after ``Governor''.
(c) Effective Date.--The amendments made by this Act apply to any
project initiated pursuant to a good neighbor agreement (as defined in
section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)))--
(1) before the date of enactment of this Act, if the
project was initiated after the date of enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334; 132
Stat. 4490); or
(2) on or after the date of enactment of this Act.
TITLE III--ELECTRICAL UTILITY LINES RIGHTS-OF-WAYS AND RELATED
VEGETATION MANAGEMENT
SEC. 301. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 302. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of activities
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (b) in accordance
with this section.
(d) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (b) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(e) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any forest
management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(f) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(g) Applicable Laws.--A forest management activity designated under
subsection (c) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
(h) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
SEC. 303. PERMITS AND AGREEMENTS WITH ELECTRICAL UTILITIES.
(a) In General.--In any special use permit or easement on National
Forest System lands provided to an electric utility company (as defined
in section 1262 of the Energy Policy Act of 2005 (42 U.S.C. 16451)) the
Secretary of Agriculture may provide permission to cut and remove trees
or other vegetation from within the vicinity of distribution lines or
transmission lines, including hazardous vegetation that increases fire
risk, without requiring a separate timber sale if that cutting and
removal is consistent with the applicable land management plan.
(b) Use of Proceeds.--A special use permit or easement that
includes permission for the cutting and removal of trees or other
vegetation described in subsection (a), shall include a requirement
that, if the applicable electrical utility sells any portion of the
material removed under the permit or easement, the electrical utility
shall provide to the Secretary, acting through the Chief of the Forest
Service, any proceeds received from the sale, less any transportation
costs incurred in the sale.
(c) Rule of Construction.--Nothing in this section shall be
construed to require the sale of any material removed under a special
use permit or easement that includes permission for the cutting and
removal of trees or other vegetation described in subsection (a).
TITLE IV--REFORM OF CERTAIN ADMINISTRATIVE REQUIREMENTS
SEC. 401. NONAPPLICABILITY OF CERTAIN ADDITIONAL CONSULTATION
REQUIREMENTS OF THE ENDANGERED SPECIES ACT OF 1973.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land
management plan approved, amended, or revised under this
section when--
``(A) a new species is listed or critical habitat
is designated under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land
management plan that may affect a species listed or
critical habitat designated under that Act in a manner
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the fol