What This Bill Does
This bill requires the U.S. government to evaluate only two options when planning certain forest management projects on federal lands. The two options must be either the proposed forest management activity or taking no action. The bill applies to environmental reviews done under federal environmental law.
Who It Affects
The Secretary of Agriculture and Secretary of the Interior carry out this law. Forest management activities on National Forest System lands and public lands are subject to these rules. Communities and landowners near forests affected by these management decisions are indirectly impacted.
Key Provisions
• The bill applies only when the federal government prepares environmental documents for forest management activities on lands identified as suitable for timber production, and the activity meets at least one of these conditions: it occurs on lands designated for restoration under the Healthy Forests Restoration Act, it was developed through a collaborative process, it was proposed by a resource advisory committee, or it is covered by a community wildfire protection plan. (Sec. 2(a))
• When preparing environmental documents for qualifying forest management activities, the Secretary must study and describe only two alternatives: the proposed forest management activity itself, or the alternative of taking no action. (Sec. 2(b))
• When evaluating the "no action" alternative, the Secretary may consider effects on forest health, life and property loss, habitat diversity, wildfire potential, insect and disease potential, timber production, and water supply. (Sec. 2(c))
What Changes
The federal government will no longer evaluate multiple alternative approaches to forest management projects that meet the bill's requirements. Instead of considering various options, agencies will compare only the proposed action against doing nothing.
Important Definitions
• "Collaborative process" means how National Forest System lands or public lands are managed when a forest management activity is developed and carried out by the Secretary working together with interested persons. (Sec. 2(d)(1))
• "Community wildfire protection plan" has the meaning stated in the Healthy Forests Restoration Act of 2003. (Sec. 2(d)(2))
• "Resource advisory committee" has the meaning stated in the Secure Rural Schools and Community Self-Determination Act of 2000. (Sec. 2(d)(3))
• "Secretary concerned" means the Secretary of Agriculture for National Forest System lands or the Secretary of the Interior for public lands. (Sec. 2(d)(4))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 189
To require that only two alternatives be considered with respect to certain
proposed collaborative forest management activities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. MOYLAN, Mr. STAUBER,
Mr. BENTZ, and Mr. VALADAO) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To require that only two alternatives be considered with
respect to certain proposed collaborative forest manage-
ment activities, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Action Versus No Ac-
4
tion Act’’.
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•HR 189 IH
SEC. 2. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION
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VERSUS NO ACTION) IN PROPOSED COLLABO-
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RATIVE FOREST MANAGEMENT ACTIVITIES.
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(a) APPLICATION TO CERTAIN ENVIRONMENTAL AS-
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SESSMENTS
AND
ENVIRONMENTAL
IMPACT
STATE-
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MENTS.—This section shall apply whenever the Secretary
6
concerned prepares an environmental assessment or an en-
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vironmental impact statement pursuant to section 102 of
8
the National Environmental Policy Act of 1969 (42 U.S.C.
9
4332) for a forest management activity that—
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(1) will occur on lands identified as the Sec-
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retary concerned as suitable for timber production;
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and
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(2) meets at least one of the following condi-
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tions:
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(A) The forest management activity will
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occur on lands designated by the Secretary (or
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designee thereof) pursuant to section 602(b) of
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the Healthy Forests Restoration Act of 2003
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(16 U.S.C. 6591a(b)), notwithstanding whether
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such forest management activity is initiated
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prior to the date of enactment of this Act.
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(B) The forest management activity is de-
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veloped through a collaborative process.
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(C) The forest management activity is pro-
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posed by a resource advisory committee.
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•HR 189 IH
(D) The forest management activity is cov-
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ered by a community wildfire protection plan.
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(b) CONSIDERATION OF ALTERNATIVES.—In the case
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of an environmental assessment or environmental impact
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statement described in subsection (a), the Secretary con-
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cerned shall study, develop, and describe only the following
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two alternatives:
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(1) The forest management activity.
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(2) The alternative of no action.
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(c) ELEMENTS OF NO ACTION ALTERNATIVE.—In
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the case of the alternative of no action described in sub-
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section (b)(2), the Secretary concerned shall consider
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whether to evaluate—
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(1) the effect of no action on—
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(A) forest health;
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(B) potential losses of life and property;
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(C) habitat diversity;
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(D) wildfire potential;
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(E) insect and disease potential; and
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(F) timber production; and
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(2) the implications of a resulting decline in
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forest health, loss of habitat diversity, wildfire, or in-
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sect or disease infestation (given fire and insect and
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disease historic cycles) on—
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(A) potential losses of life and property;
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•HR 189 IH
(B) domestic water supply in the project
1
area;
2
(C) wildlife habitat loss; and
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(D) other economic and social factors.
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(d) DEFINITIONS.—In this section:
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(1) COLLABORATIVE PROCESS.—The term ‘‘col-
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laborative process’’ means a process relating to the
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management of National Forest System lands or
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public lands by which a project or forest manage-
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ment activity is developed and implemented by the
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Secretary concerned through collaboration with in-
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terested
persons,
as
described
in
section
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603(b)(1)(C) of the Healthy Forests Restoration Act
13
of 2003 (16 U.S.C. 6591b(b)(1)(C)).
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(2)
COMMUNITY
WILDFIRE
PROTECTION
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PLAN.—The term ‘‘community wildfire protection
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plan’’ has the meaning given the term in section 101
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of the Healthy Forests Restoration Act of 2003 (16
18
U.S.C. 6511).
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(3) RESOURCE
ADVISORY
COMMITTEE.—The
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term ‘‘resource advisory committee’’ has the mean-
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ing given the term in section 201 of the Secure
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Rural Schools and Community Self-Determination
23
Act of 2000 (16 U.S.C. 7121).
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•HR 189 IH
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
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retary concerned’’ means—
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(A) the Secretary of Agriculture, with re-
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spect to National Forest System lands; and
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(B) the Secretary of the Interior, with re-
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spect to public lands.
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Æ
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