HR 5744 · 112th Congress 2011–2013, ended

Catastrophic Wildfire Prevention Act of 2012

Introduced May 15, 2012 Originated House Sponsor Paul A. Gosar R-AZ

Latest action · Jul 20, 2012 Subcommittee Hearings Held.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedMay 15, 2012
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Catastrophic Wildfire Prevention Act of 2012 - Authorizes the Secretary of Agriculture (USDA), with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, (the Secretaries) to implement authorized wildfire prevention projects in at-risk forests and threatened and endangered species in a manner that focuses on surface, ladder, and canopy fuels reduction activities.

Requires projects carried out on threatened and endangered species habitat to: (1) provide enhanced protection from wildfire, including catastrophic wildfire, for the endangered species, threatened species, or their habitat; and (2) comply with applicable recovery plan guidelines.

Requires projects carried out in at-risk forests to move the federal land from condition class II or III toward condition class I.

Permits use in a project of: (1) domestic livestock grazing to reduce surface fuel loads and to recover burned areas; and (2) timber harvesting and thinning to reduce ladder and canopy fuel loads for the prevention of wildfire, including catastrophic wildfires.

Directs the Secretaries to review public petitions for, and make determinations with respect to, the designation of federal lands as at-risk forests or as threatened and endangered species habitats.

Requires notice in the Federal Register of proposed projects and final designated projects and permits public comment on projects as specified.

Instructs the Secretaries to prepare an environmental assessment for projects that include timber harvesting or grazing.

Instructs the Secretaries to research what impact any listing of a species under the Endangered Species Act of 1973 would have on both forage and timber forest fuel loads. Requires endangered species recovery plans and critical habitat determinations to include a wildfire risk assessment analysis.

Cosponsors 33

Members who signed on, in the order they did. Signatures ran from May 15, 2012 to Aug 7, 2012; 27 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-AZ	Benjamin Quayle	Original	May 15, 2012
R-OH	Bill Johnson	Original	May 15, 2012
R-MO	Billy Long	Original	May 15, 2012
R-WA	Cathy McMorris Rodgers	Original	May 15, 2012
R-CO	Cory Gardner	Original	May 15, 2012
R-WY	Cynthia M. Lummis	Original	May 15, 2012
R-AZ	David Schweikert	Original	May 15, 2012
R-CA	Devin Nunes	Original	May 15, 2012
R-PA	Glenn Thompson	Original	May 15, 2012
R-OR	Greg Walden	Original	May 15, 2012
R-CA	Jeff Denham	Original	May 15, 2012
R-AZ	Jeff Flake	Original	May 15, 2012
D-UT	Jim Matheson	Original	May 15, 2012
R-TX	John R. Carter	Original	May 15, 2012
R-NV	Mark E. Amodei	Original	May 15, 2012
R-KS	Mike Pompeo	Original	May 15, 2012
D-AR	Mike Ross	Original	May 15, 2012
R-TX	Pete Sessions	Original	May 15, 2012
R-ND	Rick Berg	Original	May 15, 2012
R-UT	Rob Bishop	Original	May 15, 2012
R-TN	Scott DesJarlais	Original	May 15, 2012
R-CO	Scott R. Tipton	Original	May 15, 2012
R-WI	Sean P. Duffy	Original	May 15, 2012
R-NM	Stevan Pearce	Original	May 15, 2012
R-IA	Steve King	Original	May 15, 2012
R-OK	Tom Cole	Original	May 15, 2012
R-AZ	Trent Franks	Original	May 15, 2012
D-NC	Heath Shuler		May 29, 2012
R-SD	Kristi L. Noem		May 29, 2012
R-CO	Mike Coffman		May 29, 2012
R-ID	Raul R. Labrador		Jun 18, 2012
R-CO	Doug Lamborn		Jul 19, 2012
R-CA	Tom McClintock		Aug 7, 2012

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Natural Resources Committee	Referred May 15, 2012
	Federal Lands Subcommittee	Referred May 18, 2012Hearings Jul 20, 2012
House	Agriculture Committee	Referred May 15, 2012
	Forestry and Horticulture Subcommittee	Referred May 30, 2012

Actions 5

Everything that happened, newest first.

Jul 20, 2012Subcommittee Hearings Held.
May 30, 2012Referred to the Subcommittee on Conservation, Energy, and Forestry.
May 18, 2012Referred to the Subcommittee on National Parks, Forests and Public Lands.
May 15, 2012Introduced in House
May 15, 2012Referred 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 within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: This bill addresses management of federal land. Accordingly, we turn to the following constitutional authority: Article IV, Section 3, Clause 2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Currently, the federal government possesses approximately 1.8 billion acres of land. The land at issue in this bill is but a small part of those holdings. The U.S. Constitution specifically addresses the relationship of the federal government to lands. Article IV, Sec. 3, Clause 2--the Property Clause--gives Congress plenary power and full authority over federal property. The U.S. Supreme Court has described Congress's power to legislate under this Clause as ``without limitation.'' Because of this express Constitutional authority, Congress has the right, if not the duty, to properly manage its public lands, including establishing forestation policies, and tree harvesting and tree salvaging. This bill falls squarely within the express Constitutional power set forth in the Property Clause.

The sponsor’s statement, as printed in the page H2714.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 112-121	H.R. 5744, CATASTROPHIC WILDFIRE PREVENTION ACT OF 2012; H.R. 5960, DEPLETING RISK FROM INSECT INFESTATION, SOIL EROSION, AND CATASTROPHIC FIRE ACT OF 2012; AND H.R. 6089, HEALTHY FOREST MANAGEMENT ACT OF 201272 pages	Natural Resources Committee	Jul 20, 2012

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 3409	Catastrophic Wildfire Prevention Act of 2012	Related bill	Jul 19, 2012

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To address the forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including catastrophic wildfire, on National Forest System lands and public lands managed by the Bureau of Land Management by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest health, and economic development, and for other purposes.
Short Titles as Introduced: Catastrophic Wildfire Prevention Act of 2012

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 1

Each version as it was printed, newest first.

May 15, 2012Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.