[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2584 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2584

To amend the Healthy Forests Restoration Act of 2003 to help reduce the 
  increased risk of severe wildfires to communities in forested areas 
  affected by infestations of bark beetles and other insects, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2006

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Healthy Forests Restoration Act of 2003 to help reduce the 
  increased risk of severe wildfires to communities in forested areas 
  affected by infestations of bark beetles and other insects, 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.

    This Act may be cited as the ``Rocky Mountain Forest Insects 
Response Enhancement and Support Act'' or the ``Rocky Mountain FIRES 
Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) fire beetles, bark beetles, and other insects that feed 
        on trees are--
                    (A) natural parts of the Rocky Mountain forest 
                ecology; and
                    (B) shape the forest in a beneficial manner by 
                thinning dense tree stands and promoting cyclical re-
                growth;
            (2) in various parts of the Rocky Mountain region large-
        scale infestations of bark beetles and other insects, in 
        combination with other factors, have increased the likelihood 
        of unusually severe wildfires that pose a threat to individuals 
        and properties that are located in nearby communities;
            (3) increased wildfire danger is the result of numerous 
        factors, including--
                    (A) a century-long policy of suppressing small 
                fires on Federal land that, combined with a recent 
                reduction in the quantity of timber harvested on 
                Federal land, has resulted in unusually dense 
                vegetation that can provide fuel for unusually severe 
                wildfires;
                    (B) a pronounced and prolonged drought that has 
                weakened trees and made the trees more susceptible to 
                wildfire and insects; and
                    (C) population growth in the mountain communities 
                adjacent to Federal land, and the development of ski 
                areas and other recreational facilities on and in the 
                vicinity of Federal land, that have increased the 
                number of individuals, homes, and businesses at risk;
            (4) the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
        6501 et seq.) addressed the need to reduce the volume of fuel 
        that can feed the most severe fires that threaten communities; 
        and
            (5) provisions of that Act and other laws need to be 
        modified to help reduce the increased risk of severe wildfires 
        to communities in the Rocky Mountain region resulting from the 
        effects of widespread infestations of bark beetles and other 
        insects.
    (b) Purpose.--The purpose of this Act is to facilitate a more 
expeditious response by the Secretary of Agriculture and the Secretary 
of the Interior in reducing the increased risk of severe wildfires to 
communities in the Rocky Mountain region resulting from the effects of 
widespread infestations of bark beetles and other insects.

SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF BARK BEETLES AND OTHER 
              INSECTS ON FEDERAL LAND IN THE ROCKY MOUNTAIN REGION.

    (a) Definitions.--Section 101 of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6511) is amended--
            (1) by redesignating paragraphs (12) through (16) as 
        paragraphs (13), (14), (16), (17), and (18), respectively;
            (2) by inserting after paragraph (11) the following:
            ``(12) Insect emergency area.--The term `insect-emergency 
        area' means Federal land in the Rocky Mountain region that--
                    ``(A) the Secretary determines is subject to a 
                widespread infestation of bark beetles and other 
                insects;
                    ``(B) is identified for hazardous fuel reduction 
                treatment in a community wildfire protection plan; and
                    ``(C) is characterized by insect-induced tree 
                mortality that the Secretary determines has, or within 
                1 year will have, produced a condition such that an 
                immediate reduction in hazardous fuels is required to 
                reduce the risks to human life and property, or to a 
                municipal water supply, from a severe wildfire.''; and
            (3) by inserting after paragraph (14) (as redesignated by 
        paragraph (1)) the following:
            ``(15) Rocky mountain region.--The term `Rocky Mountain 
        region' means the States of Arizona, Colorado, Idaho, Montana, 
        New Mexico, North Dakota, South Dakota, Utah, and Wyoming.''.
    (b) Prioritization for Federal Land in Rocky Mountain Region.--
Section 103(d)(1) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6513(d)(1)) is amended by adding at the end the following:
                    ``(D) Prioritization for federal land in rocky 
                mountain region.--The Secretary shall use not less than 
                70 percent of the funds allocated for authorized 
                hazardous fuel reduction projects in the Rocky Mountain 
                region for--
                            ``(i) projects in the wildland-urban 
                        interface; and
                            ``(ii) projects on land that--
                                    ``(I) is in proximity to--
                                            ``(aa) a municipal water 
                                        supply system; or
                                            ``(bb) a stream feeding a 
                                        municipal water supply system 
                                        in a municipal watershed; and
                                    ``(II) has been identified for 
                                hazardous fuel reduction projects in 
                                community wildfire protection plans.''.
    (c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by 
inserting ``or on any other land identified for such a project in a 
community wildfire protection plan for an at-risk community in or 
adjacent to an insect-emergency area'' after ``at-risk community''.
    (d) Insect Emergencies.--Title I of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6511 et seq.) is amended--
            (1) by redesignating sections 107 and 108 as sections 109 
        and 110, respectively; and
            (2) by inserting after section 106 the following:

``SEC. 107. ACTIONS RELATING TO INSECT-EMERGENCY AREAS.

    ``(a) Designation.--
            ``(1) Authority.--The Secretary may designate insect-
        emergency areas.
            ``(2) Basis of designation.--The Secretary shall designate 
        an insect-emergency area based on the best information 
        available to the Secretary, including observation of relevant 
        insect infestations.
            ``(3) Initiation.--The designation of an insect-emergency 
        area may be made--
                    ``(A) on the initiative of the Secretary; or
                    ``(B) in response to a request by--
                            ``(i) a State agency; or
                            ``(ii) a political subdivision of a State.
            ``(4) Deadline.--Not later than 90 days after the date of 
        receipt of a request under paragraph (3)(B), the Secretary 
        shall approve or deny the request.
            ``(5) Limitation on delegation.--In the case of National 
        Forest System land, the authority of the Secretary to make a 
        designation under this section may be delegated only to a 
        Regional Forester.
    ``(b) Consultation and Public Comment.--Before making a 
determination to designate an insect-emergency area, the Secretary 
shall--
            ``(1) consult with--
                    ``(A) any Federal agency responsible for managing 
                land in an applicable community wildfire protection 
                plan; and
                    ``(B) appropriate State and local officials; and
            ``(2) provide public notice and an opportunity to comment.
    ``(c) Effect of Determination.--
            ``(1) Authorized hazardous fuel reduction projects.--An 
        authorized hazardous fuel reduction project involving land in 
        an insect-emergency area may be categorically excluded from 
        documentation in an environmental impact statement and 
        environmental assessment under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) if--
                    ``(A) the project involves only land that is 
                identified for hazardous-fuel reduction treatment in a 
                community wildfire protection plan; and
                    ``(B) the decision to categorically exclude the 
                project is made in accordance with applicable 
                extraordinary circumstances procedures required by 
                section 1508.4 of title 40, Code of Federal Regulations 
                (or a successive regulation).
            ``(2) Stewardship projects.--A stewardship contracting 
        project under section 347 of the Department of the Interior and 
        Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; 
        112 Stat. 2681-298) to carry out a hazardous fuel reduction 
        project in an insect-emergency area may exceed 10 years, but 
        shall not exceed 15 years, in duration.
    ``(d) Personnel Authority.--The Secretary may relocate or reassign 
personnel of the Forest Service to provide additional personnel to 
prepare and carry out--
            ``(1) applied silvicultural assessments under section 404 
        in response to an insect emergency; or
            ``(2) other appropriate actions involving Federal land 
        subject to an insect emergency.''.
    (e) Hazardous Fuel Reduction Projects.--The Secretary may allocate 
funds made available under Section 35 of the Mineral Leasing Act (30 
U.S.C. 191) (as amended by section 4(b)) for hazardous fuel reduction 
projects in designated insect emergency areas.
    (f) Conforming Amendment.--The table of contents for the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; 117 Stat. 1888) 
is amended by striking the items relating to section 107 and 108 and 
inserting the following:

        ``Sec. 107. Actions relating to insect-emergency areas.
        ``Sec. 108. Effect of title.
        ``Sec. 109. Authorization of appropriations.''

SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVELOPMENT ASSISTANCE FOR 
              AT-RISK COMMUNITIES IN THE ROCKY MOUNTAIN REGION.

    (a) Availability of Assistance.--Section 103 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the 
end the following:
    ``(e) Planning Assistance for At-Risk Communities.--
            ``(1) In general.--The Secretary, in consultation with 
        appropriate State agencies, shall make grants to at-risk 
        communities in the Rocky Mountain region to assist the at-risk 
        communities in preparing or revising a community wildfire 
        protection plan.
            ``(2) Source of funds.--The Secretary shall use amounts 
        made available under section 35(c) of the Mineral Leasing Act 
        (30 U.S.C. 191(c)) to carry out this subsection.''.
    (b) Funding Source.--Section 35 of the Mineral Leasing Act (30 
U.S.C. 191) is amended by adding at the end the following:
    ``(d) Assistance for At-Risk Communities.--Notwithstanding the 
first sentence of subsection (a), $5,000,000 of the amounts paid into 
the Treasury under subsection (a) for each of fiscal years 2006 through 
2010 shall be made available to the Secretary, without further 
appropriation and until expended, for obligation and expenditure 
pursuant to section 103(e) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6513(e)).''.

SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF COMMUNITY WILDFIRE 
              PROTECTION PLANS.

    Section 33(b)(3) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229(b)(3)) is amended by striking subparagraph (L) and 
inserting the following:
                    ``(L) To fund fire prevention programs, including 
                the development of community wildfire protection plans 
                (as defined in section 101 of the Healthy Forests 
                Restoration Act of 2003 (16 U.S.C. 6511)).''.

SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM; BIOMASS 
              COLLECTION.

    (a) Biomass Commercial Utilization Grant Program.--The Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6531) is amended by striking 
section 203 and inserting the following:

``SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.

    ``(a) Program Authorized.--The Secretary may provide to owners or 
operators of facilities that use biomass, on an annual basis, grants 
for use in accordance with subsection (d).
    ``(b) Eligible Recipients.--A grant shall be awarded under this 
section only to an owner or operator of a facility that uses biomass--
            ``(1) as a raw material to produce--
                    ``(A) electricity;
                    ``(B) sensible heat; or
                    ``(C) transportation fuel;
            ``(2) for wood-based products; or
            ``(3) for other commercial purposes.
    ``(c) Priority.--In making grants under this section, the Secretary 
shall give priority to applications submitted by individuals or 
entities that purchase biomass removed from land in insect-emergency 
areas (as defined in section 101) through an authorized hazardous fuel 
reduction project carried out pursuant to section 102.
    ``(d) Use of Grant Funds.--An owner or operator who receives a 
grant pursuant to this section may use funds from the grant to offset 
the costs of purchasing biomass.
    ``(e) Relationship to Other Authority.--The Secretary may exercise 
the authority provided by this section in conjunction with, or in 
addition to, any other authority of the Secretary to support or 
stimulate the use of biomass fuel.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
each of fiscal years 2007 through 2010.''.

``SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION POINTS.

    ``(a) Establishment.--
            ``(1) In general.--To the maximum extent practicable, and 
        consistent with relevant land management plans, the Secretary 
        shall establish 1 or more collection points for the placement 
        of vegetative material removed from Federal or other land as 
        part of a hazardous fuel reduction project under title I.
            ``(2) Conditions for establishment.--
                    ``(A) Safe transportation of vegetative material.--
                No collection point shall be established pursuant to 
                this section if the Secretary determines that 
                transportation of the vegetative material to or from 
                the proposed collection point would result in an 
                increased risk of infestation of insects.
                    ``(B) Consent of property owner.--No collection 
                point shall be established pursuant to this section on 
                any property not owned by the United States without the 
                consent of the owner of the property.
    ``(b) Use.--Vegetative material placed at a collection point 
established under this section may be sold, donated, or otherwise made 
available to any individual or entity that agrees to remove the 
material from the collection point.''.
    (b) Conforming Amendment.--The table of contents of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) is amended by 
adding after the item relating to section 203 the following:

        ``Sec. 204. Establishment of central collection points.''.
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