H.R. 7578

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7578 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7578

To improve the ability of the Secretary of Agriculture and the 
Secretary of the Interior to carry out forest management activities 
that reduce the risk of catastrophic wildfires, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 13, 2026

Mr. Kennedy of Utah introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committee on 
Natural Resources, 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

_______________________________________________________________________

A BILL

To improve the ability of the Secretary of Agriculture and the 
Secretary of the Interior to carry out forest management activities 
that reduce the risk of catastrophic wildfires, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Targeted 
Operations to Remove Catastrophic Hazards Act'' or the ``TORCH Act''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--HAZARDOUS FUEL REDUCTION ACTIVITIES

Sec. 101. Categorical exclusion for high-priority hazard tree 
activities.
Sec. 102. Utilizing timber sales on National Forest System land for 
extreme risk reduction.
Sec. 103. Utilizing grazing for wildfire risk reduction.
Sec. 104. Amendments to the Healthy Forest Restoration Act of 2003 to 
improve wildfire mitigation.
Sec. 105. Amendment to fuel breaks in forests and other wildland 
vegetation.
TITLE II--GOOD NEIGHBOR AUTHORITY

Sec. 201. Modification of the treatment of certain revenue and payments 
under good neighbor agreements.
TITLE III--ELECTRICAL UTILITY LINES RIGHTS-OF-WAYS AND RELATED 
VEGETATION MANAGEMENT

Sec. 301. Vegetation management, facility inspection, and operation and 
maintenance relating to electric 
transmission and distribution facility 
rights-of-way.
Sec. 302. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 303. Permits and agreements with electrical utilities.
TITLE IV--REFORM OF CERTAIN ADMINISTRATIVE REQUIREMENTS

Sec. 401. Nonapplicability of certain additional consultation 
requirements of the Endangered Species Act 
of 1973.
Sec. 402. Amendment to categorical exclusion for collaborative 
restoration projects.

TITLE I--HAZARDOUS FUEL REDUCTION ACTIVITIES

SEC. 101. CATEGORICAL EXCLUSION FOR HIGH-PRIORITY HAZARD TREE 
ACTIVITIES.

(a) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Agriculture shall 
develop a categorical exclusion (as defined in section 1508.4 
of title 40, Code of Federal Regulations (or a successor 
regulation)) for high-priority hazard tree activities.
(2) Administration.--In developing and administering the 
categorical exclusion under paragraph (1), the Secretary 
shall--
(A) comply with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) apply the extraordinary circumstances 
procedures under section 220.6 of title 36, Code of 
Federal Regulations (or successor regulations), in 
determining whether to use the categorical exclusion.
(b) Project Size Limitations.--A project to carry out high-priority 
hazard tree activities to which a categorical exclusion under 
subsection (a) is applied may not exceed 3,000 acres.
(c) Definitions.--In this section:
(1) High-priority hazard tree.--The term ``high-priority 
hazard tree'' means a standing tree that--
(A) presents a visible hazard to people or property 
due to conditions such as deterioration of, or damage 
to, the root system, trunk, stem, or limbs of the tree, 
or due to the direction or lean of the tree, as 
determined by the Secretary;
(B) is determined by the Secretary to be highly 
likely to fail and, if it failed, would be highly 
likely to cause injury to people or damage to property; 
and
(C) is within 300 feet of a National Forest System 
road with a maintenance level of 3, 4, or 5, a National 
Forest System trail, or a developed recreation site on 
National Forest System lands that is operated and 
maintained by the Secretary.
(2) High-priority hazard tree activities.--The term ``high-
priority hazard tree activities''--
(A) means forest management activities that 
mitigate the risks associated with high-priority hazard 
trees, including pruning, felling, and disposal of 
those trees; and
(B) does not include any activity--
(i) conducted in a wilderness area or 
wilderness study area;
(ii) for the construction of a permanent 
road or permanent trail;
(iii) conducted on Federal land on which, 
by Act of Congress or Presidential 
proclamation, the removal of vegetation is 
restricted or prohibited;
(iv) that would be inconsistent with the 
applicable land and resource management plan; 
or
(v) conducted in an inventoried roadless 
area.

SEC. 102. UTILIZING TIMBER SALES ON NATIONAL FOREST SYSTEM LAND FOR 
EXTREME RISK REDUCTION.

Section 14 of the National Forest Management Act of 1976 (16 U.S.C. 
472a) is amended--
(1) in subsection (d) by striking ``$10,000'' and inserting 
``$50,000''; and
(2) by adding at the end the following new subsection:
``(j) In the event of extreme risks to a unit of National Forest 
System land, including catastrophic wildfire, insect and disease 
outbreak, wind, hurricane, flood, drought, or to avoid adverse effects 
from such extreme events, the Secretary may, without an appraisal and 
under rules and regulations prescribed by the Secretary, dispose of (by 
sale or otherwise) portions of trees or forest products located on such 
unit of National Forest System lands.''.

SEC. 103. UTILIZING GRAZING FOR WILDFIRE RISK REDUCTION.

The Secretary of Agriculture, acting through the Chief of the 
Forest Service, in coordination with holders of permits to graze 
livestock on lands subject to the jurisdiction of the Forest Service, 
shall develop a strategy to increase opportunities to utilize livestock 
grazing as wildfire risk reduction strategy, including--
(1) completion of reviews required under the National 
Environmental Policy Act of 1969 (U.S.C. 4321 et seq.) so to 
allow permitted grazing on vacant grazing allotments during 
instances of drought, wildfire, or other natural disasters that 
disrupt grazing on allotments already permitted;
(2) use of targeted grazing;
(3) increase use of temporary permits to promote targeted 
fuels reduction and reduction of invasive annual grasses;
(4) increased use of grazing as a postfire recovery and 
restoration strategy, where appropriate; and
(5) use all applicable authorities under the law.

SEC. 104. AMENDMENTS TO THE HEALTHY FOREST RESTORATION ACT OF 2003 TO 
IMPROVE WILDFIRE MITIGATION.

(a) Promoting Cross-Boundary Wildfire Mitigation.--Section 
103(e)(5) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6513(e)(5)) is amended by striking ``2023'' and inserting ``2030''.
(b) Wildfire Resilience Project Size.--Section 605(c)(1) of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)(1)) is 
amended by striking ``3000 acres'' and inserting ``10,000 acres''.

SEC. 105. AMENDMENT TO FUEL BREAKS IN FORESTS AND OTHER WILDLAND 
VEGETATION.

Section 40806(d)(1) of the Infrastructure Investment and Jobs Act 
(16 U.S.C. 6592b(d)(1)) is amended by striking ``3,000 acres'' and 
inserting ``10,000 acres''.

TITLE II--GOOD NEIGHBOR AUTHORITY

SEC. 201. MODIFICATION OF THE TREATMENT OF CERTAIN REVENUE AND PAYMENTS 
UNDER GOOD NEIGHBOR AGREEMENTS.

(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act 
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)(6), by striking ``or Indian tribe''; 
and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian 
tribe,'' after ``Governor'';
(B) in paragraph (2)(C), by striking clause (i) and 
inserting the following:
``(i) In general.--Funds received from the 
sale of timber by a Governor, an Indian tribe, 
or a county under a good neighbor agreement 
shall be retained and used by the Governor, 
Indian tribe, or county, as applicable--
``(I) to carry out authorized 
restoration services under the good 
neighbor agreement; and
``(II) if there are funds remaining 
after carrying out subclause (I), to 
carry out authorized restoration 
services under other good neighbor 
agreements.'';
(C) in paragraph (3), by inserting ``, Indian 
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Conforming Amendments.--Section 8206(a) of the Agricultural Act 
of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, Indian tribe,'' 
after ``Governor''; and
(2) in paragraph (5), by inserting ``, Indian tribe,'' 
after ``Governor''.
(c) Effective Date.--The amendments made by this Act apply to any 
project initiated pursuant to a good neighbor agreement (as defined in 
section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a))) 
entered into--
(1) on or after the date of enactment of this Act; or
(2) before the date of enactment of this Act, if the 
project was initiated after the date of enactment of the 
Agriculture Improvement Act of 2018 (Public Law 115-334; 132 
Stat. 4490).

TITLE III--ELECTRICAL UTILITY LINES RIGHTS-OF-WAYS AND RELATED 
VEGETATION MANAGEMENT

SEC. 301. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND 
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS-OF-WAY.

(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section 
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and 
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting 
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners 
with respect to any hazard trees identified for 
removal from land owned by such private 
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section 
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a 
modification under clause (iii) shall 
be automatically approved 60 days after 
review; and
``(II) a plan submitted with a 
modification under clause (iii) shall 
be automatically approved 67 days after 
review.''.

SEC. 302. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.

(a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of activities 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
(b) Forest Management Activities Designated for Categorical 
Exclusion.--
(1) In general.--Except as provided in paragraph (2), the 
forest management activities designated as being categorically 
excluded under subsection (a) are--
(A) the development and approval of a vegetation 
management, facility inspection, and operation and 
maintenance plan submitted under section 512(c)(1) of 
the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1772(c)(1)) by the Secretary concerned; and
(B) the implementation of routine activities 
conducted under the plan referred to in paragraph (1).
(2) Exclusion of certain areas.--The forest management 
activities designated as being categorically excluded under 
subsection (a) do not include any forest management activity 
conducted--
(A) in a component of the National Wilderness 
Preservation System; or
(B) on National Forest System lands on which, by 
Act of Congress, the removal of vegetation is 
restricted or prohibited.
(c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
(d) Extraordinary Circumstances.--Use of the categorical exclusion 
established under subsection (a) shall not be subject to the 
extraordinary circumstances procedures in section 220.6, title 36, Code 
of Federal Regulations, or section 1508.4, title 40, Code of Federal 
Regulations.
(e) Permanent Roads.--
(1) Prohibition on establishment.--The categorical 
exclusion established under subsection (a) may not be used for 
the establishment of a permanent road or any forest management 
activity that necessitates the establishment of a permanent 
road.
(2) Existing roads.--The Secretary concerned may carry out 
maintenance and repairs on an existing permanent road, if 
necessary, to carry out a forest management activity under the 
categorical exclusion established under subsection (a).
(3) Temporary roads.--The Secretary concerned shall 
decommission any temporary road constructed for a forest 
management activity carried out under the categorical exclusion 
established under subsection (a) not later than the date that 
is 3 years after completion of the forest management activity.
(f) Applicable Laws.--A forest management activity carried out 
under the categorical exclusion established under subsection (a) shall 
not be subject to section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536), section 106 of the National Historic Preservation Act, or 
any other applicable law.
(g) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National 
Forest System lands; and
(2) the Secretary of the Interior, with respect to public 
lands.

SEC. 303. PERMITS AND AGREEMENTS WITH ELECTRICAL UTILITIES.

(a) In General.--In any special use permit or easement on National 
Forest System lands provided to an electric utility company (as defined 
in section 1262 of the Energy Policy Act of 2005 (42 U.S.C. 16451)), 
the Secretary of Agriculture may provide permission to cut and remove 
trees or other vegetation from within the vicinity of distribution 
lines or transmission lines, including hazardous vegetation that 
increases fire risk, without requiring a separate timber sale if that 
cutting and removal is consistent with the applicable land management 
plan.
(b) Use of Proceeds.--A special use permit or easement that 
includes permission for the cutting and removal of trees or other 
vegetation described in subsection (a), shall include a requirement 
that, if the applicable electrical utility sells any portion of the 
material removed under the permit or easement, 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.
(c) Rule of Construction.--Nothing in this section shall be 
construed to require the sale of any material removed under a special 
use permit or easement that includes permission for the cutting and 
removal of trees or other vegetation described in subsection (a).

TITLE IV--REFORM OF CERTAIN ADMINISTRATIVE REQUIREMENTS

SEC. 401. NONAPPLICABILITY OF CERTAIN ADDITIONAL CONSULTATION 
REQUIREMENTS OF THE ENDANGERED SPECIES ACT OF 1973.

(a) Forest Service Plans.--Section 6(d)(2) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain 
circumstances.--Notwithstanding any other provision of law, the 
Secretary shall not be required to reinitiate consultation 
under section 7(a)(2) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of 
Federal Regulations (or a successor regulation), on a land 
management plan approved, amended, or revised under this 
section when--
``(A) a new species is listed, or critical habitat 
is designated, under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land 
management plan that may affect a species listed, or 
critical habitat designated, under that Act in a manner 
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by 
adding at the end the following:
``(g) Notwithstanding any other provision of law, the Secretary is 
not required to reinitiate consultation under section 7(a)(2) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 
of title 50, Code of Federal Regulations (or a successor regulation), 
on a land use plan approved, amended, or revised under this section 
when--
``(1) a new species is listed, or critical habitat is 
designated, under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); or
``(2) new information reveals effects of the land use plan 
that may affect a species listed, or critical habitat 
designated, under that Act in a manner or to an extent not 
previously considered.''.

SEC. 402. AMENDMENT TO CATEGORICAL EXCLUSION FOR COLLABORATIVE 
RESTORATION PROJECTS.

Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591b(c)(1)) is amended by striking ``3000 acres'' and 
inserting ``10,000 acres''.
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