H.R. 168

115 HR 168 IH: Targeted Operations to Remove Catastrophic Hazards Act
 U.S. House of Representatives
 2025-01-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 168  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.
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.
I
HAZARDOUS FUEL REDUCTION ACTIVITIES
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.
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.
 .
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.
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 .
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 .
II
GOOD NEIGHBOR AUTHORITY
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.
III
ELECTRICAL UTILITY LINES RIGHTS-OF-WAYS AND RELATED VEGETATION MANAGEMENT
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.
 .
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.
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).
IV
REFORM OF CERTAIN ADMINISTRATIVE REQUIREMENTS
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 following:
(g)
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 use plan approved, amended, or revised under this section when—
(1)
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
(2)
new information reveals effects of the land use plan that may affect a species listed or critical habitat designated under that Act in a manner or to an extent not previously considered.
 .
402.
Amendment to categorical exclusion for collaborative restoration projects
Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c)(1) ) is amended by striking  3000 acres  and inserting  10,000 acres .