[Senate Report 112-126]
[From the U.S. Government Publishing Office]
Calendar No. 287
112th Congress Report
SENATE
2d Session 112-126
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ARIZONA WALLOW FIRE RECOVERY AND
MONITORING ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1344]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1344) to direct the Secretary of
Agriculture to take immediate action to recover ecologically
and economically from a catastrophic wildfire in the State of
Arizona, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arizona Wallow Fire Recovery and
Monitoring Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community protection management area.--The term
``community protection management area'' means--
(A) the wildland-urban interface in a community
wildfire protection plan; and
(B) human development areas having special
significance, including critical communication sites,
high voltage transmission lines, developed recreation
sites, and other structures that, if destroyed by fire,
would result in hardship to communities.
(2) Community wildfire protection plan.--The term ``community
wildfire protection plan'' has the meaning given the term in
section 101 of the Healthy Forest Restoration Act of 2003 (16
U.S.C. 6511).
(3) Evaluation.--The term ``evaluation'' means the evaluation
required by section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(5) Wallow fire area.--The term ``Wallow Fire Area'' means
the land within the perimeter of the Wallow Fire, as depicted
on the map entitled ``Wallow Fire AZ-ASF-110152 Progression
Map'' and dated June 28, 2011.
SEC. 3. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION.
(a) In General.--The Secretary shall conduct an evaluation of the
Wallow Fire Area in accordance with this section.
(b) Timeline.--To ensure the timely completion of the evaluation,
the Secretary shall--
(1) not later than 30 days after the date of enactment of
this Act, commence the evaluation; and
(2) not later than 75 days after the date of enactment of
this Act, complete the evaluation.
(c) Contents.--The evaluation shall include--
(1) a map of the burn intensity within the Wallow Fire Area;
(2) a description of--
(A) the forest conditions in the burned areas of the
Wallow Fire Area;
(B) the short- and long-term risks that the
conditions in the Wallow Fire Area may pose to forest
users, communities, private property, and natural
resources; and
(C) the actions undertaken by the Forest Service to
reduce the risks described in subparagraph (B);
(3) a map and description of areas for potential hazard tree
removal and areas for potential fire-damaged commercial tree
removal in the Wallow Fire Area, including a delineation of the
community protection management area within the Wallow Fire
Area;
(4) a preliminary estimate of--
(A) the costs and receipts to be derived from the
hazard tree and fire-damaged commercial timber
identified for potential removal in the Wallow Fire
Area; and
(B) to the maximum extent practicable, the receipts
likely to be lost if action is not taken in a timely
manner; and
(5) a description of the desired outcomes of rehabilitation
and tree removal in burned portions of the Wallow Fire Area.
(d) Excluded Areas.--In identifying areas for potential tree
removal under subsection (c)(3), the Secretary shall exclude high fire-
severity burned areas on steep slopes, slopes with an incline greater
than 40 percent, riparian areas, and fragile erosive sites, unless tree
removal in those areas is necessary to address concerns relating to
public health or safety.
SEC. 4. TIMBER REMOVAL PROJECTS.
(a) Identification.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall identify 1 or more projects
to reduce the risks described in section 3(c)(2)(B) by removing hazard
trees and fire-damaged, dead, and dying timber resources in the Wallow
Fire Area.
(b) Congressional Intent.--It is the intent of Congress that all
projects identified under subsection (a) be completed by September 30,
2013.
(c) Considerations.--
(1) Evaluation.--In identifying projects under subsection
(a), the Secretary shall consider the results of the
evaluation.
(2) Tree removal techniques.--In selecting tree removal
techniques for a project identified under subsection (a), the
Secretary shall take into account the degree of ground
disturbances, soil types, soil saturation, worker safety,
threatened or endangered species, aquatic systems, and other
ecological values associated with the site of the project.
(d) Monitoring.--The Secretary shall use an effectiveness
monitoring framework to assess the ecological and economic effects of
each project that is identified and carried out under this section with
respect to accomplishing the desired outcomes identified in the
evaluation.
(e) Limitations.--In carrying out a project identified under
subsection (a), the Secretary--
(1) shall focus the removal of trees under the project to
hazard trees and trees that are already down, dead, or so
severely root-sprung that mortality is highly probable; and
(2) shall not construct any permanent road.
(f) Administrative Review.--
(1) In general.--In lieu of an administrative appeal under
section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note; Public
Law 102-381), the Secretary may subject to administrative
review under part 218 of title 36, Code of Federal Regulations
(or successor regulations), any collaboratively-developed
project to remove hazard trees and fire-damaged, dead, and
dying timber resources in the Wallow Fire Area--
(A) that is identified under subsection (a); and
(B) for which a decision notice or record of decision
has been issued by September 30, 2012.
(2) Authorized projects.--A project identified under
subsection (a) shall be considered an authorized hazardous fuel
reduction project for purposes of part 218 of title 36, Code of
Federal Regulations (or successor regulations).
PURPOSE
The purpose of S. 1344 is to direct the Secretary of
Agriculture to evaluate the area that was burned by the Wallow
Fire and to identify certain tree removal projects in that
area.
BACKGROUND AND NEED
The 2011 wildfire season in the southwest was one of the
most active on record. Extreme drought led to large and severe
wildfires in Arizona, New Mexico, and Texas. The Wallow Fire
started on May 29, 2011, in southeastern Arizona on the Apache-
Sitgreaves National Forest. In the subsequent weeks, it burned
a total of 534,639 acres, including 12,972 acres of the Fort
Apache Indian Reservation, 9,200 acres of the San Carlos Indian
Reservation, 15,407 acres in New Mexico, and 10,815 of State
and private land, making it the largest fire in Arizona
history. It burned 32 residences and cost about $95 million to
suppress.
While the majority of fire was not severe, about 16%
(86,115 acres) of the fire burned at high intensity and about
13.7% (73,634 acres) at moderate intensity, resulting in large
areas in need of restoration. The fire burned so intensely in
some areas, that it left water-repellent soil on an estimated
32,000 acres. There are an estimated 1,924 miles of perennial
and intermittent streams that are now at risk of post-fire
flooding, and it left burned trees along an estimated 304 miles
of trails and 2,120 miles of roads.
S. 1344 would require the Secretary to conduct an
evaluation of the burned area and the continuing risks it poses
to people, property, and natural resources. It also would
encourage the Secretary to promptly mitigate those risks.
LEGISLATIVE HISTORY
S. 1344 was introduced by Senators Kyl and McCain on July
15, 2011. The Subcommittee on Public Lands and Forests held a
hearing on the bill on October 3, 2011. At its business meeting
on November 10, 2011, the Committee on Energy and Natural
Resources ordered S. 1344 favorably reported with an amendment
in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on November 10, 2011, by a voice vote of a
quorum present, recommends that the Senate pass S. 1344, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1344, the Committee adopted
an amendment in the nature of a substitute. A number of the
provisions in the bill required the Secretary to act within
timeframes that already had expired, so the amendment adjusts
the focus and timeframes of the bill from emergency to near-
term response. The amendment also eliminates a number of
provisions regarding environmental compliance, including
provisions that the Forest Service testified would have
hindered its flexibility in carrying out projects. The
Committee amendment is explained in detail in the section-by-
section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title for the bill.
Section 2 defines certain terms used in the bill.
Section 3 requires the Secretary of Agriculture to conduct
a rapid evaluation of the area burned by the Wallow Fire. The
evaluation would include a map of the burn intensity in the
area, and a description of the forest conditions, the short-
and long-term risks they pose to people, property, and natural
resources, and the actions taken by the Forest Service to
address those risks. It also would include a description of
where it would be appropriate to remove hazard and burned
trees, and a preliminary estimate of the costs and receipts
associated with such removal operations. Finally, it would
include a description of the desired outcomes associated with
potential rehabilitation and tree removal operations in the
burned area.
Section 4(a) requires the Secretary to identify at least
one project that could reduce the short- or long-term risks
identified in the evaluation through tree removal operations.
Subsection (b) establishes congressional intent that any
project that is identified under subsection (a) and carried out
by the Forest Service be completed by the end of fiscal year
2013 in order to protect public safety and capture the economic
value of any burned timber that is removed through the project.
Subsections (c), (d), and (e) describe certain
considerations, monitoring requirements, and limitations that
would apply to any project identified under subsection (a) that
is carried out by the Forest Service.
Subsection (f) authorizes the Secretary to use the
predecisional administrative review process established in 36
C.F.R. pt. 218 in lieu of a traditional administrative appeal
if the project is collaboratively developed, the purpose of the
project is to remove hazard and burned trees, the project is
carried out in accordance with section 4, and the project
planning is initiated soon enough that a decision notice or
record of decision is issued by the end of fiscal year 2012
(thereby providing a reasonable opportunity for the project to
be completed by the end of fiscal year 2013). Paragraph (2)
simply clarifies that such a project would be eligible for the
predecisional review process in accordance with section 4 even
if it would not otherwise meet the definition of ``authorized
hazardous fuel reduction project'' found in 36 C.F.R. 218.2
(2010).
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1344--Arizona Wallow Fire Recovery and Monitoring Act
S. 1344 would require the Forest Service to evaluate
portions of the National Forest System affected by the Wallow
fire in eastern Arizona. The bill also would authorize the
agency to solicit public objections to proposed timber removal
projects before the agency decides whether to conduct such
projects in areas affected by the fire. Based on information
provided by the Forest Service, CBO estimates that implementing
S. 1344 would have no significant impact on the federal budget.
Enacting the legislation would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
Many activities that would be completed as part of the
evaluation required under the bill are similar to activities
performed by the Forest Service under current law. In addition,
because the agency is using existing authorities to
expeditiously restore forest lands affected by the fire, CBO
does not expect that the new authorities provided by S. 1344
would significantly affect the timing of such work. Therefore,
we estimate that implementing the bill would have no
significant impact on the federal budget.
S. 1344 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1344.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1344, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1344, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at the October 3, 2011, hearing,
which is provided below.
Statement Thomas Tidwell, Chief, Forest Service, Department of
Agriculture
Chairman Wyden, Ranking Member Barrasso, and members of the
Subcommittee, thank you for the opportunity to appear before
you today to provide the Department of Agriculture's views on
S. 1344, the ``Arizona Wallow Fire Recovery and Monitoring
Act'' and S. 1090, the ``Tennessee Wilderness Act of 2011.''
s. 1344, the arizona wallow fire recovery and monitoring act
The Department supports the objectives and comprehensive
response that underlie the legislation and agrees that the
response to this fire should be addressed with a sense of
urgency. With or without this legislation, the U.S Forest
Service is committed to accomplish the restoration objectives
in a timely manner. The Wallow Fire burned over a half million
acres of National Forest System land, as well as tribal, state
and private lands (including lands in New Mexico). In terms of
acres of forest burned, the Wallow Fire was the largest fire in
Arizona's history. The effects of this wildfire are significant
for the communities of eastern Arizona. I want to assure you
that the U.S. Forest Service understands and appreciates the
magnitude and scope of the task ahead to restore the landscapes
damaged by this fire and we have already started this work.
Background
Igniting on May 29, 2011 in the Apache-Sitgreaves National
Forest southwest of Alpine, Arizona, the Wallow Fire was
contained on July 8th. Its cause is under investigation. The
fire's burned area includes 840 square miles (535,000 acres)
and includes 24 square miles (15,000 acres) of western New
Mexico. Nearly half of the Wallow Fire's burned area (48%) is
classified as low burn severity, 14% moderate severity and 16%
high severity. Burned Area Emergency Response (BAER)
assessments have been completed with approved funding and
prescriptions being implemented. USDA agencies and Arizona
State agencies are assisting the Forest Service at public
workshops to provided information on programs and assistance to
home owners and small businesses affected by fires and/or
floods. At the zenith of the Wallow Fire's run more than 4,700
firefighters from the Forest Service and cooperating agencies
responded. Moreover, fuels treatments developed with private
citizens and state and local governments as part of the White
Mountain Stewardship Project and implemented between 2004 and
2011 successfully reduced fire behavior near the Arizona
communities of Greer, Eagar, Nutrioso, and Alpine.
Current planning
The Forest Service is in the process of conducting an
evaluation which includes an assessment of restoration needs
and salvage as required by the bill. In order to assess the
magnitude of the restoration needs resulting from the Wallow
Fire, a Rapid Assessment Team was assembled. The Team is
currently developing a comprehensive restoration plan for the
Wallow Fire area. The plan will identify and organize all
restoration needs for the Wallow Fire area, including ongoing
Burned Area Emergency Response (BAER) projects, and projects to
reduce risks to health and safety in the short term and restore
the area over the longer term. The Forest Service will adjust
work priorities in order to focus the resources necessary to
ensure the recovery of the Wallow Fire area.
Ongoing and proposed work
The Forest Service's BAER work is ongoing. We have just
completed seeding some 36,000 acres of 80,000 acres projected
for seeding, spreading straw on 18,000 acres of 25,000
projected, and are currently removing hazard trees along 245
miles of road from a projected 300 miles of road needing
treatment. The roadside hazard tree removal could result in
approximately 162,000 tons of material. Approximately 39 miles
of power line corridors have been identified for emergency
hazard tree removal (BAER work) in conjunction with various
power companies. In addition, our post-emergency assessment
shows that there is a substantial risk of falling hazard trees
along an additional 350 miles of roads and power line
corridors. These roads and power line corridors are critically
important to the communities of Greer, Alpine, Nutrioso, and
Eagar, among others. We estimate that treatments within these
corridors could result in the removal of approximately 150,000
tons of material on approximately 10,400 acres. In order to
minimize the safety risk and provide employment opportunities,
we plan to proceed expeditiously so that some of the wood can
be used for higher valued products.
Collaborative efforts
The White Mountain Stewardship collaborative, a diverse
group of local, state, tribal, environmental and other
partners, is assisting us in developing our rehabilitation
plans. Our plan is to complete the environmental analyses and
administrative review for the projects to carry out the plan,
and prepare the contracts over the next several months.
Roadside corridor work would conclude by the end of 2012. Other
projects would conclude as expeditiously as possible. Our plan
is to use our current authorities to utilize receipts for
future salvage sales that carry out post-fire rehabilitation.
We are planning to work with many of the same individuals and
groups in monitoring our rehabilitation work.
Provisions of the bill
Section 4 of S. 1344 would direct the Secretary to prepare
a hazard tree and commercial timber evaluation. The evaluation
would describe the forest conditions in the Wallow Fire Area
and the short- and long-term risks posed by the conditions. The
evaluation also would include a map of the areas for potential
hazard tree removal, a map of areas for potential fire-damaged
commercial tree removal, and a map of areas where harvest
should not be considered. In the evaluation, the Secretary
would be required to describe one or more proposals for timber
removal projects and a description of the desired outcomes of
rehabilitation and tree removal. The Secretary would involve
the public in preparing the evaluation and would be required to
complete the evaluation within 45 days after initiating it.
Section 5 of S. 1344 also would provide that a timber
removal project carried out under the bill would limited to the
removal of hazard trees and the removal of trees that are
already down, dead, or severely root-sprung such that there is
a high probability of mortality. The bill would require the
Secretary to prepare an environmental assessment for a timber
removal project carried out under the bill for portions of the
Wallow Fire Area that are in a Community Protection Management
Area. The Secretary would not be required to consider any
alternative to the proposed agency action in the environmental
assessment. Any timber removal project carried out in the
Wallow Fire Area would be subject to the pre-decisional
objection process under section 105 of the Healthy Forests
Restoration Act (HFRA). S. 1344 also specifies that receipts
from timber removal projects be available, without further
appropriation for restoration purposes on the Apache-Sitgreaves
National Forest in the State of Arizona.
Departmental perspective on specific bill provisions
While we support the objectives of S. 1344, we note that
the Forest Service already has appropriated funds, stewardship
contracting authority, and the salvage sale fund to address
various forest management scenarios proposed in the bill. In
complying with NEPA under current authorities, the Forest
Service is utilizing categorical exclusions for tree removal
projects in certain high risk areas. We would prefer that any
legislation maintain this flexibility. Under current
authorities, the Forest Service is required to use a post-
decisional appeals process and does not have the option of
using the pre-decisional objection process in HFRA except for
hazardous fuel reduction projects covered by HFRA. The HFRA
pre-decisional review procedures provide the public with an
opportunity to raise concerns before a final decision is
issued, making the process more collaborative and helpful.
Demonstrated benefits of White Mountain Stewardship and anticipated
benefits from the Four Forests Restoration Initiative
As devastating as the Wallow fire was, it could have been
significantly worse if it had not been for the thousands of
acres that had been treated as part of the White Mountain
Stewardship project. The accomplishments of the White Mountain
Stewardship project have been significant--50,851 acres treated
as of July 23, 2011. The Community Wildfire Protection Plans
for the communities of Nutrioso, Eagar, Alpine and Greer
provided much of the guidance for the accomplishment of that
work. There is no doubt that a significant number of
neighborhoods and portions of the forest were spared thanks to
this work. The forest fuels thinning and removals in the path
of this fire clearly demonstrate what can be accomplished
through collaboration and stewardship contracting at the
landscape scale. Fire behavior can be modified, communities can
be protected, local jobs can be created, and relationships
between organizations and individuals can be built. The Four
Forests Restoration Project (4FRI) is the next step in
expanding this collaborative model. Through the 4FRI is a
Collaborative Forest Landscape Restoration (CFLRP) project, the
Forest Service aspires to restore approximately 2.4 million
acres of ponderosa pine forests on portions of the Apache-
Sitgreaves, Coconino, Kaibab, and Tonto National Forests in
Northern Arizona over the next 20 years. In the past two years,
more than eleven million dollars has been committed to this
initiative.
In summary, the Department supports the objectives of this
legislation. However, we are already engaged in focusing our
workforce and resources to accomplish these objectives in an
expeditious manner and we have the appropriate authorities to
meet the intent of this legislation.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1344 as ordered
reported.