Sections the Healthy Forest Restoration Act (Public Law 108-148) that are now applicable to HFQLG projects

SEC. 104. ENVIRONMENTAL ANALYSIS.
        (a) AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.—
Except as otherwise provided in this title, the Secretary shall conduct
authorized hazardous fuel reduction projects in accordance
with—

     (1) the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.); and
     (2) other applicable laws.
(b) ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL IMPACT
STATEMENT.—The Secretary shall prepare an environmental assessment
or an environmental impact statement pursuant to section
102(2) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)) for each authorized hazardous fuel reduction project.
(c) CONSIDERATION OF ALTERNATIVES.—

(1) IN GENERAL.—Except as provided in subsection (d), in
the environmental assessment or environmental impact statement
prepared under subsection (b), the Secretary shall study,
develop, and describe—

(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if the additional
alternative—

(i) is proposed during scoping or the collaborative
process under subsection (f); and
(ii) meets the purpose and need of the project,
in accordance with regulations promulgated by the
Council on Environmental Quality.

(2) MULTIPLE ADDITIONAL ALTERNATIVES.—If more than 1 additional alternative is proposed under paragraph (1)(C), the
Secretary shall—

(A) select which additional alternative to consider,
which is a choice that is in the sole discretion of the
Secretary; and
(B) provide a written record describing the reasons
for the selection.

(d) ALTERNATIVE ANALYSIS PROCESS FOR PROJECTS IN
WILDLAND-URBAN INTERFACE.—

     (1) PROPOSED AGENCY ACTION AND 1 ACTION ALTERNATIVE.—
For an authorized hazardous fuel reduction project that is
proposed to be conducted in the wildland-urban interface, the
Secretary is not required to study, develop, or describe more
than the proposed agency action and 1 action alternative in
the environmental assessment or environmental impact statement
prepared pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
      (2) PROPOSED AGENCY ACTION.—Notwithstanding paragraph
(1), but subject to paragraph (3), if an authorized hazardous
fuel reduction project proposed to be conducted in the
wildland-urban interface is located no further than 11⁄2 miles
from the boundary of an at-risk community, the Secretary
is not required to study, develop, or describe any alternative
to the proposed agency action in the environmental assessment
or environmental impact statement prepared pursuant to section
102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).
      (3) PROPOSED AGENCY ACTION AND COMMUNITY WILDFIRE
PROTECTION PLAN ALTERNATIVE.—In the case of an authorized
hazardous fuel reduction project described in paragraph (2),
if the at-risk community has adopted a community wildfire
protection plan and the proposed agency action does not implement
the recommendations in the plan regarding the general
location and basic method of treatments, the Secretary shall
evaluate the recommendations in the plan as an alternative
to the proposed agency action in the environmental assessment
or environmental impact statement prepared pursuant to section
102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).

(e) PUBLIC NOTICE AND MEETING.—

(1) PUBLIC NOTICE.—The Secretary shall provide notice of
each authorized hazardous fuel reduction project in accordance
with applicable regulations and administrative guidelines.
(2) PUBLIC MEETING.—During the preparation stage of each
authorized hazardous fuel reduction project, the Secretary
shall—

(A) conduct a public meeting at an appropriate location
proximate to the administrative unit of the Federal land
on which the authorized hazardous fuel reduction project
will be conducted; and
(B) provide advance notice of the location, date, and
time of the meeting.

(f) PUBLIC COLLABORATION.—In order to encourage meaningful
public participation during preparation of authorized hazardous
fuel reduction projects, the Secretary shall facilitate collaboration
among State and local governments and Indian tribes, and participation
of interested persons, during the preparation of each authorized
fuel reduction project in a manner consistent with the
Implementation Plan.

(g) ENVIRONMENTAL ANALYSIS AND PUBLIC COMMENT.—In
accordance with section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity
for public comment during the preparation of any environmental
assessment or environmental impact statement for an
authorized hazardous fuel reduction project.

(h) DECISION DOCUMENT.—The Secretary shall sign a decision
document for authorized hazardous fuel reduction projects and provide
notice of the final agency actions.

SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.

(a) INTERIM FINAL REGULATIONS.—

(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Agriculture shall
promulgate interim final regulations to establish a predecisional
administrative review process for the period described in paragraph
(2) that will serve as the sole means by which a person
can seek administrative review regarding an authorized hazardous
fuel reduction project on Forest Service land.
(2) PERIOD.—The predecisional administrative review
process required under paragraph (1) shall occur during the
period—

(A) beginning after the completion of the environmental
assessment or environmental impact statement; and
(B) ending not later than the date of the issuance
of the final decision approving the project.

(3) ELIGIBILITY.—To be eligible to participate in the
administrative review process for an authorized hazardous fuel
reduction project under paragraph (1), a person shall submit
to the Secretary, during scoping or the public comment period
for the draft environmental analysis for the project, specific
written comments that relate to the proposed action.
(4) EFFECTIVE DATE.—The interim final regulations promulgated
under paragraph (1) shall take effect on the date of
promulgation of the regulations.

(b) FINAL REGULATIONS.—The Secretary shall promulgate final
regulations to establish the process described in subsection (a)(1)
after the interim final regulations have been published and reasonable
time has been provided for public comment.
(c) ADMINISTRATIVE REVIEW.—

(1) IN GENERAL.—A person may bring a civil action challenging
an authorized hazardous fuel reduction project in a
Federal district court only if the person has challenged the
authorized hazardous fuel reduction project by exhausting—

(A) the administrative review process established by
the Secretary of Agriculture under this section; or
(B) the administrative hearings and appeals procedures
established by the Department of the Interior.

(2) ISSUES.—An issue may be considered in the judicial
review of an action under section 106 only if the issue was
raised in an administrative review process described in paragraph
(1).
(3) EXCEPTION.—

(A) IN GENERAL.—An exception to the requirement of
exhausting the administrative review process before
seeking judicial review shall be available if a Federal court
finds that the futility or inadequacy exception applies to
a specific plaintiff or claim.    

(B) INFORMATION.—If an agency fails or is unable to
make information timely available during the administrative
review process, a court should evaluate whether the administrative review process was inadequate for claims
or issues to which the information is material.

SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.

      (a) VENUE.—Notwithstanding section 1391 of title 28, United
States Code, or other applicable law, an authorized hazardous fuels
reduction project conducted under this title shall be subject to
judicial review only in the United States district court for a district
in which the Federal land to be treated under the authorized
hazardous fuels reduction project is located.
      (b) EXPEDITIOUS COMPLETION OF JUDICIAL REVIEW.—In the
judicial review of an action challenging an authorized hazardous
fuel reduction project under subsection (a), Congress encourages
a court of competent jurisdiction to expedite, to the maximum
extent practicable, the proceedings in the action with the goal
of rendering a final determination on jurisdiction, and (if jurisdiction
exists) a final determination on the merits, as soon as practicable
after the date on which a complaint or appeal is filed to initiate
the action.
      (c) INJUNCTIONS.—

(1) IN GENERAL.—Subject to paragraph (2), the length of
any preliminary injunctive relief and stays pending appeal
covering an authorized hazardous fuel reduction project carried
out under this title shall not exceed 60 days.
(2) RENEWAL.—

(A) IN GENERAL.—A court of competent jurisdiction
may issue 1 or more renewals of any preliminary injunction,
or stay pending appeal, granted under paragraph
(1).
(B) UPDATES.—In each renewal of an injunction in
an action, the parties to the action shall present the court
with updated information on the status of the authorized
hazardous fuel reduction project.

(3) BALANCING OF SHORT- AND LONG-TERM EFFECTS.—As
part of its weighing the equities while considering any request
for an injunction that applies to an agency action under an
authorized hazardous fuel reduction project, the court reviewing
the project shall balance the impact to the ecosystem likely
affected by the project of—

(A) the short- and long-term effects of undertaking
the agency action; against
(B) the short- and long-term effects of not undertaking
the agency action.