Summary of the Senate Healthy Forests Restoration Act

Healthy Forests Restoration Act

(Senate version)

This legislation would:

Title I – Hazardous Fuels Reduction on Federal Lands

1. Reduce hazardous fuels on federal land

This legislation would prioritize fuel reduction projects that provide protection of communities and watersheds that are categorized Condition Class 2 or 3. These projects would cover fuels reduction; municipal watersheds; areas with catastrophic damage from insects, disease, ice, windthrow which poses significant threats or adjacent to private lands and endangered species habitat.

Since conditions and situations differ widely on federal lands, the federal government and the governors have already agreed upon a collaborative process by which priorities for projects would be determined on a local/state level. This flexibility is essential if critical areas are to be treated in a timely manner.

2. Ensure adequate consideration of environmental impacts

Hazardous fuel reduction projects would require NEPA Environmental Assessments or Environmental Impact Statements, although an analysis of alternatives to the proposed action would be eliminated. Through the use of EA’s and EIS’s, adequate analysis will ensure that watersheds, wildlife and fisheries habitat, and other important values would be considered. This legislation would not affect the roadless rule.

3. Expedite court challenges while preserving public participation

This legislation strengthens the requirements for public participation and continues the long tradition of providing the opportunity to appeal decisions. Public participation regarding agency decisions is required, including public meetings and opportunities for written comments. Appeals of projects are allowed from those who have previously submitted written comments.

In recognition of the time-sensitive nature of many fuel reduction projects, there is a 15-day deadline for filing lawsuits and a 45-day limit on preliminary injunctions. The courts are encouraged to take into account both short and long term effects of not implementing the projects versus implementation and to complete judicial proceeding within 100 days.

The courts are also instructed to consider the full range of effects of any project, including weighing the risks of taking action versus not taking action

While critics claim these provisions unfairly limit public participation and interfere with the courts, there are a number of existing laws — including the Clean Water Act and the Americans with Disabilities Act — that necessarily limit judicial review in some way.

Title II – Biomass

4. Create market incentives for use of biomass

With so many infrastructures having evaporated as federal timber volumes declined, an incentive to develop new markets for biomass fiber is critical to the ultimate success of the Healthy Forests Initiative and to the reduction of risk from catastrophic wildfire and other events. In recognition of this, this legislation authorizes two grant programs for development of biomass facilities to encourage the use of fiber material from fuels hazard reduction projects.

Title III – Watershed Forestry Assistance

5. Provide watershed assistance for private landowners

Given the importance of watershed protection on public and private lands, this legislation authorizes a cost-share program, administered through state forestry organizations that will help private landowners protect forest conditions, improve municipal drinking water supplies and address threats to forest health.

Title IV – Insect Infestations and Related Diseases

6. Provide new tools to address insect infestation and disease

Insect and disease infestations are serious problems on forested lands around the country. These pests and pathogens do not respect property boundaries. In order to stop the spread of these threats, quick action is necessary.

This legislation would authorize an accelerated program for research regarding a range for forest pests and pathogens and establish an Uplands Hardwoods Research Center. It would encourage the use of geospatial and information management technologies and direct federal land managers to develop an early detection and early warning program for insects and diseases. It would also provide for treatment and reduction of nonnative invasive plants utilizing grant programs. Finally, the legislation would allow silvicultural assessments on up to 1000 acres to be categorically excluded from NEPA, subject to scientific peer review, with a 250,000 acre ceiling.

Title V – Healthy Forests Reserve Program

7. Create incentives for private landowners to protect rare and endangered species

Rare and endangered species habitat exists on both public and private lands. Incentives for private landowners to restore these important habitats will enhance biodiversity and ecological values of forests nationwide. In recognition of this, the legislation authorizes a habitat restoration program for rare and endangered species, using 10-year agreements and 30-year and permanent conservation easements. The program is limited to a total of 2 million acres.

Title VI – Public Lands Corps

8. Create a Public Lands Corps

The job of reducing the risk of catastrophic fire exceeds any one organization or agency’s abilities. This legislation authorizes a Public Lands Corps to do rehabilitation, enhancement or beautification projects, with preference to projects that reduce hazardous fuels on public lands. This Corps will provide the economic and social benefits to rural communities where wildfire and insect and disease threats exist.

Title VII – Rural Community Forestry Enterprise Program

9. Create a Rural Community Forestry Enterprise Program

Rural forest-dependent communities have been hard-hit economically by the reduction in federal timber sales over the last decade. This would provide limited, but important assistance to some of those hardest hit communities by establishing a Forest Enterprise Centers at each Research Station of the Forest Service. These centers would provide marketing, product distribution and technology transfer assistance to rural forest-dependent communities.