S.Amdt. 66

SA 66. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 870, to amend the Federal Fire Prevention and Control
Act of 1974 to authorize appropriations for the United States Fire
Administration and firefighter assistance grant programs; which was
ordered to lie on the table; as follows:

At the end, add the following:

SEC. ___. BUREAU OF LAND MANAGEMENT AND FOREST SERVICE RULE.

(a) Definitions.--In this section:
(1) Analysis.--The term ``analysis'' means any analysis
with respect to a proposed action covered by the rule issued
under subsection (b) that the Director of the Bureau of Land
Management or the Chief of the Forest Service, as applicable,
determines to be necessary for the consideration of the
proposed action under Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(2) Federal land.--the term ``Federal land means''--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))); and
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(3) Firebreak.--The term ``firebreak'' means a permanent or
temporary strip of ground cleared of vegetation, thinned of
vegetation, or planted with fire-resistant vegetation
intended to stop the spread of fire.
(b) Issuance of Rule.--Subject to subsection (d), not later
than 1 year after the date of enactment of this Act, the
Director of the Bureau of Land Management and the Chief of
the Forest Service, acting jointly, shall issue a rule
identifying actions described in subsection (c) that, except
in extraordinary circumstances, as described in the rule, are
categorically excluded from requirements for environmental
assessments or environmental impact statements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(c) Description of Action.--An action referred to in
subsection (b) is an action that may be routinely undertaken
on Federal land without fear of significant environmental
impact to protect personal property on or adjacent to the
Federal land from wildfire, including creating firebreaks
capable of ensuring the protection of property.
(d) Requirements.--A rule issued under subsection (b) shall
provide that--
(1) any person possessing applicable property may provide
to the head of the applicable Federal agency undertaking the
analysis all, or a portion of, the amounts necessary to
complete the analysis;
(2) any person possessing applicable property, or an agent
of that person--
(A) may prepare an analysis of a proposed action covered by
the rule; and
(B) if approved by the Federal agency in accordance with
paragraph (3), may carry out the proposed action;
(3) the head of an applicable Federal agency shall review
the analysis prepared by a person possessing applicable
property under paragraph (2)(A) to determine whether the
proposed action is eligible for a categorical exclusion under
the rule, and if the head of the Federal agency finds in the
affirmative, shall approve the analysis; and
(4) any person carrying out an action covered by the rule
on Federal land shall be liable for impacts to resources
resulting from--
(A) activities not described in the applicable analysis; or
(B) any negligent activity of the person.
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