H.R. 471
Fix Our Forests Act
Latest official action Mar 6, 2025 · Drafted by AI, awaiting review by two people
If you live near a national forest or other federal wildland
Wildfire projects near you could skip the longest reviews
- High-risk firesheds would be named fireshed management areas for 5 years, and more would be added after that. They can include non-federal land, such as Tribal forests, as well as federal land. The fireshed rules would end after 7 years.
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For the period beginning on the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act, there are designated fireshed management areas
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 101(a)(1)On the date that is 5 years after the date of the enactment of this Act and every 5 years thereafter
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 101(a)(2)(A)Not later than 60 days after submitting an updated fireshed map under subparagraph (A), the Secretary shall, based on such map, designate additional fireshed management areas
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 101(a)(2)(B)may contain Federal and non-Federal land, including Indian forest lands or rangelands
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 101(a)(1)(D)The authority under this subtitle shall terminate on the date that is 7 years after the date of enactment of this Act.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 107 - In those areas, agencies must do projects to cut wildfire fuels. These can include thinning, prescribed burns, timber harvest, and grazing. They also include fuel breaks and removing dead or dying trees.
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The Secretary concerned, acting through a responsible official, shall carry out fireshed management projects in fireshed management areas
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(1)Conducting hazardous fuels management activities.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(2)(A)any vegetation management activities (or combination thereof) that reduce the risk of wildfire, including mechanical thinning, mastication, prescribed burning, cultural burning (as determined by the applicable Indian Tribe), timber harvest, and grazing
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 2(7)Creating fuel breaks and fire breaks.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(2)(B)Removing hazard trees, dead trees, dying trees, or trees at risk of dying, as determined by the responsible official.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(2)(C) - These projects would count as covered by existing fast-track reviews. With those, a project skips the usual review steps of the main environmental law. The bill would also make some agency rules binding law in these areas, under the heading "Emergency fireshed management."
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Fireshed management projects carried out under this section shall be considered authorized projects under the following categorical exclusions
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(3)(B)(i)considered an action categorically excluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.)
[7] 16 U.S.C. 6591b (Insect and disease infestation categorical exclusion) · (b)(1)Emergency fireshed management
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(3)For any fireshed management area designated under section 101, the following shall have the force and effect of law
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(3)(A) - The projects would still have to meet each fast-track review's own rules. For example, the insect and disease review bars new permanent roads, does not apply in wilderness areas, and requires public notice.
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in a manner consistent with the statute establishing such categorical exclusion
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 106(a)(3)(B)(iii)(I)This section does not apply to
[7] 16 U.S.C. 6591b (Insect and disease infestation categorical exclusion) · (d)a component of the National Wilderness Preservation System
[7] 16 U.S.C. 6591b (Insect and disease infestation categorical exclusion) · (d)(1)A project under this section shall not include the establishment of permanent roads.
[7] 16 U.S.C. 6591b (Insect and disease infestation categorical exclusion) · (e)(1)The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section.
[7] 16 U.S.C. 6591b (Insect and disease infestation categorical exclusion) · (f) - Your governor or Tribe can ask for a shared stewardship agreement. The federal agency must sign one within 90 days. The governor or Tribe can then ask it to name more fireshed areas.
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Not later than 90 days after receiving a written request from a Governor of a State or an Indian Tribe, the Secretary concerned shall enter into a shared stewardship agreement
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 104(a)if requested by such Governor or Indian Tribe, may
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 104(b)designate additional fireshed management areas under such agreement
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 104(b)(1)
If you live in a community near wildlands
A joint federal program and one application for several wildfire grants
- Within 30 days, federal agencies would set up a joint program to cut wildfire risk and damage in communities near wildlands, including Tribal communities. It would end after 7 years.
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Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish an interagency program to be known as the Community Wildfire Risk Reduction Program
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(a)reducing the risk of, and the damages resulting from, wildfires in communities (including tribal communities) in the wildland-urban interface
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(b)The program established under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(d) - You could use one form to apply for several existing federal grants. These include wildfire defense grants for communities and some fire and disaster grants. The agencies would help people apply.
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shall establish a portal through which a person may submit a single, uniform application for any of the following
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(c)(1)A community wildfire defense grant under section 40803(f) of the Infrastructure Investment and Jobs Act
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(c)(1)(A)A grant under section 33 of the Federal Fire Prevention and Control Act of 1974
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(c)(1)(C)Financial or technical assistance or a grant under sections 203, 205, 404, 406, or 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(c)(1)(E)The Secretaries shall provide technical assistance to communities or persons seeking to apply for financial assistance through the portal
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(c)(3) - It would also encourage steps to lower risk on private land that faces high wildfire risk.
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encourage critical risk reduction measures on private property with high wildfire risk exposure in such communities
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 201(b)(5)(A) - A research program would test new ways to make homes and communities resist fire. Topics include home hardening and defensible space.
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testing and advancing innovative designs to create or improve the wildfire-resistance of structures and communities
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 202(a)home hardening, including policies to incentivize and incorporate defensible space
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 202(b)(2)
If you might challenge a forest project in court
Lawsuits over fireshed projects would face a 120-day deadline and narrower remedies
- A lawsuit over a fireshed project would have to be filed within 120 days after the agency gives public notice of it. For a project noticed in the Federal Register, a shorter deadline in the law the suit is based on would apply.
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with respect to an agency document or the application of a categorical exclusion noticed in the Federal Register
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(1)such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the fireshed management project
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(1)unless a shorter period is specified in such Federal law
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(1)such claim is filed not later than 120 days after the date that is the earlier of
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(2) - If there was a public comment period, only people who took part could sue. Their comment must have raised the issue in enough detail, and the suit must be about that issue.
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participated in the administrative proceedings regarding the fireshed management project relating to such action
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(3)(A)(i)submitted a comment during such public comment period and such comment was sufficiently detailed to put the applicable agency on notice of the issue upon which the party seeks judicial review
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(3)(A)(ii)is related to such comment
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(d)(3)(B) - A court could not order a project stopped if the person suing cannot show they are likely to win.
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A court shall not enjoin a covered agency action if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(a) - A court could not rule a project unlawful, set it aside, or stop or delay it unless both of these are true. The project must risk direct and substantial harm to the environment. And no other equitable remedy can be available.
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a court shall not hold unlawful, set aside, or otherwise limit, delay, stay, vacate, or enjoin such agency action unless the court determines that
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(1)(A)such action poses or will pose a risk of a proximate and substantial environmental harm; and
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(1)(A)(i)there is no other equitable remedy available as a matter of law
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(1)(A)(ii) - Otherwise, the court could only send the project back to the agency to fix the problem within 180 days. It could not make the agency write a new environmental document unless the agency was required to and failed to. Meanwhile, the agency could keep doing the parts of the project that do not affect the fix.
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the only remedy the court may order with regard to such agency action is to remand the matter to the agency with instructions to, during the 180-day period beginning on the date of the order, take such additional actions as may be necessary to redress any legal wrong suffered by, or adverse effect on, the plaintiff
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(1)(B)except such additional actions may not include the preparation of a new agency document unless the court finds the agency was required and failed to prepare such agency document
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(1)(B)continue to carry out such agency action to the extent the action does not impact the additional actions required pursuant to such paragraph
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 121(c)(2)(A)
If you work for a power company with lines on federal land
More room to clear trees near lines
- A tree that is dead or likely to die or fail could be marked a hazard tree if, when it falls, it would likely come within 150 feet of a power line. Today that distance is 10 feet.
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dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle
[16] 43 U.S.C. 1772 (Utility rights-of-way vegetation management) · (a)(1)(A)if the tree or part of the tree failed, likely to
[16] 43 U.S.C. 1772 (Utility rights-of-way vegetation management) · (a)(1)(B)come within 10 feet of an electric power line
[16] 43 U.S.C. 1772 (Utility rights-of-way vegetation management) · (a)(1)(B)(ii)(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking 10 and inserting 150.
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 203(a) - A new tree and line upkeep plan from a utility would be approved on its own 120 days after it is sent in. For a change to a plan, if it is not approved in 120 days, the agency must send a timeline to finish within 165 days. It must also list any problems.
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a plan submitted without a modification under clause (iii) shall be automatically approved 120 days after being submitted
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 203(c) → inserted (iv)(I)includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan
[16] 43 U.S.C. 1772 (Utility rights-of-way vegetation management) · (c)(4)(A)(iii)with respect to a plan submitted with a modification under clause (iii), if not approved within 120 days after being submitted, the Secretary concerned shall develop and submit a letter to the owner and operator describing
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 203(c) → inserted (iv)(II)a detailed timeline (to conclude within 165 days after the submission of the plan) for completing review of the plan
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 203(c) → inserted (iv)(II)(aa)any identified deficiencies with the plan
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 203(c) → inserted (iv)(II)(bb) - The Forest Service could let your company cut and remove trees near lines without a separate timber sale. The work must fit the forest plan and environmental laws. If you sell the wood, the money, minus shipping costs, goes to the Forest Service.
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In any special use permit or easement on National Forest System land provided to an electrical utility
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(a)the Secretary may provide permission to cut and remove trees or other vegetation from within the vicinity of distribution lines or transmission lines without requiring a separate timber sale
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(a)if that cutting and removal is consistent with
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(a)the applicable land and resource management plan; and
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(a)(1)other applicable environmental laws (including regulations)
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(a)(2)the electrical utility shall provide to the Secretary, acting through the Chief of the Forest Service, any proceeds received from the sale, less any transportation costs incurred in the sale
[2] H.R. 471 as passed by the House (January 23, 2025) · Sec. 309(b)