TORCH Act
- Bill Number
- H.R. 168
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-04-04: Referred to the Subcommittee on Forestry and Horticulture.
- Last Updated
- 2026-04-21T01:15:56Z
AI-Generated Summary
Purpose of the Legislation
The Targeted Operations to Remove Catastrophic Hazards Act (TORCH Act), H.R. 168, aims to enhance the capacity of the Secretary of Agriculture (overseeing National Forests) and the Secretary of the Interior (overseeing public lands like those managed by the Bureau of Land Management) to conduct forest management activities. The primary goal is to reduce the risk of catastrophic wildfires by streamlining processes, increasing allowable project sizes, and promoting tools like tree removal, grazing, and vegetation management around utility lines.
Key Provisions
The bill is structured into four titles, focusing on hazardous fuel reduction, partnerships, utility infrastructure, and administrative reforms.
Title I: Hazardous Fuel Reduction Activities
- Categorical Exclusion for Hazard Trees (Sec. 101): Creates a streamlined approval process (categorical exclusion) under the National Environmental Policy Act (NEPA, a law requiring environmental reviews) for removing "high-priority hazard trees"—standing trees likely to fall and damage people or federal property near roads, trails, or recreation sites. Projects are limited to 3,000 acres and exclude sensitive areas like wilderness zones.
- Timber Sales for Risk Reduction (Sec. 102): Allows sales of timber or forest products without appraisals during extreme risks (e.g., wildfires, droughts) and raises the value threshold for small sales from $10,000 to $50,000.
- Grazing Strategy for Fire Risk (Sec. 103): Requires the U.S. Forest Service to develop a plan to use livestock grazing (e.g., targeted grazing on vacant lands during disasters) to reduce fuels like invasive grasses, including post-fire recovery.
- Updates to Healthy Forests Restoration Act (Sec. 104): Extends cross-boundary wildfire projects (involving federal and non-federal lands) through 2030 and increases maximum project sizes from 3,000 to 10,000 acres.
- Fuel Breaks Expansion (Sec. 105): Raises the size limit for creating firebreaks (cleared zones to slow wildfires) in forests and wildlands from 3,000 to 10,000 acres.
Title II: Good Neighbor Authority
- Revenue and Payment Adjustments (Sec. 201): Modifies the Good Neighbor Authority (a program allowing federal-state partnerships for forest restoration) to include Indian tribes more explicitly. Revenues from timber sales under these agreements can be retained by states, tribes, or counties for further restoration projects, with changes applying retroactively to projects started after 2018.
Title III: Electrical Utility Lines Rights-of-Way and Related Vegetation Management
- Hazard Tree and Consultation Rules (Sec. 301): Expands the distance for removing hazard trees near power lines from 10 to 50 feet under the Federal Land Policy and Management Act (FLPMA, a law governing public land use). Adds requirements to consult private landowners and streamlines plan approvals (automatic after 60-67 days).
- Categorical Exclusion for Utility Vegetation Plans (Sec. 302): Exempts development and routine maintenance of vegetation plans around electric transmission/distribution lines from full NEPA reviews. Excludes wilderness areas; prohibits new permanent roads but allows temporary ones (to be removed within 3 years). Bypasses Endangered Species Act (ESA, protecting threatened wildlife) and National Historic Preservation Act consultations.
- Permits for Utilities (Sec. 303): Allows electric utilities to cut and remove vegetation near power lines via existing permits without separate timber sales. If sold, proceeds (minus transport costs) go to the Forest Service; no requirement to sell materials.
Title IV: Reform of Certain Administrative Requirements
- ESA Consultation Exemptions (Sec. 401): Prevents re-starting ESA consultations for existing land management plans when new species are listed or new information emerges about impacts on protected species or habitats.
- Collaborative Restoration Projects (Sec. 402): Increases the size limit for NEPA-categorical exclusions on community-involved forest restoration projects from 3,000 to 10,000 acres.
Significant Changes to Existing Law
- Project Size Increases: Multiple sections raise limits from 3,000 to 10,000 acres for wildfire mitigation, fuel breaks, and restoration projects, enabling larger-scale actions under laws like the Healthy Forests Restoration Act and Infrastructure Investment and Jobs Act.
- Streamlined Reviews and Exemptions: Introduces or expands categorical exclusions under NEPA for hazard trees, utility plans, and collaborative projects, reducing paperwork. Bypasses "extraordinary circumstances" checks (which pause exclusions if sensitive resources are at risk) and limits ESA re-consultations, altering requirements in the Forest and Rangeland Renewable Resources Planning Act, FLPMA, and ESA.
- Expanded Tools and Partnerships: Boosts use of grazing, timber sales without appraisals, and Good Neighbor programs to include tribes; adjusts FLPMA for utility hazard zones and automatic approvals.
- Retroactive Elements: Some changes (e.g., Good Neighbor revenue rules) apply to ongoing projects, potentially affecting current operations.
Potential Impacts
- Government Agencies: The U.S. Forest Service and Bureau of Land Management gain flexibility for faster wildfire prevention, reducing administrative burdens and costs. However, they must develop new strategies (e.g., grazing plans) within one year.
- Citizens and Communities: Residents near forests or wildland-urban interfaces may benefit from lower wildfire risks, protecting lives, property, and infrastructure like power lines. Grazing expansions could aid ranchers but might alter landscapes.
- International Relations: Minimal direct impact, though enhanced U.S. forest management could indirectly support global climate goals by reducing wildfire emissions.
- Broader Effects: Quicker vegetation management around utilities could improve grid reliability and reduce fire-ignition risks from lines, benefiting energy consumers. Reduced environmental reviews might accelerate projects but raise concerns about oversight.
Main Stakeholders Affected
- Federal Agencies: U.S. Forest Service (under Agriculture) and Bureau of Land Management (under Interior) for implementation.
- Utilities and Infrastructure: Electric utility companies gain easier vegetation control to prevent fires.
- Local and Tribal Entities: States, counties, and Indian tribes benefit from Good Neighbor revenue retention and partnerships.
- Land Users: Grazing permit holders (ranchers) for expanded opportunities; private landowners near federal lands for consultations on hazard trees.
- Environmental and Conservation Groups: Potentially adversely affected by reduced ESA/NEPA protections, which could limit scrutiny of impacts on wildlife or habitats.
- Recreation and Timber Interests: Forest users and timber industries may see more access to sales and reduced hazards near trails/roads.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill's exemptions from NEPA and ESA could face court challenges for weakening environmental safeguards (e.g., bypassing consultations might violate statutory mandates). Categorical exclusions must still comply with core NEPA principles, and exclusions from wilderness or roadless areas preserve some protections.
- Constitutional: No direct challenges anticipated, but reduced federal consultations align with property and commerce interests; could indirectly affect tribal sovereignty through expanded Good Neighbor roles.
- Political: Supports proactive wildfire policy amid increasing fire severity due to climate change, appealing to Western states and rural economies. Critics may view it as prioritizing speed over ecology, potentially polarizing debates on public land management. The bill's focus on "catastrophic" risks emphasizes emergency response without altering core land use plans.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-04-04: Referred to the Subcommittee on Forestry and Horticulture.
- 2025-01-03: 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.
- 2025-01-03: 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.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Targeted Operations to Remove Catastrophic Hazards Act — issued 2025-01-03 — PDF (17 pages)