II 109th CONGRESS 2d Session S. 2584 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.
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.
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.
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:
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.
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)). .
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)). .
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:
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.
.
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. .