[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5241 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5241

 To amend the Healthy Forests Restoration Act of 2003 to authorize the 
  Secretary of Agriculture and the Secretary of the Interior to take 
 expedited action to reduce the increased risk of severe wildfires to 
  Colorado communities, water supplies, and infrastructure in or near 
 forested areas most severely affected by infestations of bark beetles 
               and other insects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2008

Mr. Udall of Colorado 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 amend the Healthy Forests Restoration Act of 2003 to authorize the 
  Secretary of Agriculture and the Secretary of the Interior to take 
 expedited action to reduce the increased risk of severe wildfires to 
  Colorado communities, water supplies, and infrastructure in or near 
 forested areas most severely 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 ``Colorado Forest Insect Emergency 
Response Act of 2008''.

SEC. 2. RESPONSE TO SEVERE INFESTATIONS OF BARK BEETLES AND OTHER 
              INSECTS ON FEDERAL LAND IN COLORADO.

    (a) Findings.--The Congress finds the following:
            (1) Fire and bark beetles and other insects that feed on 
        trees are natural parts of Colorado's forest ecology that have 
        some beneficial effects and help shape the forests by thinning 
        dense tree stands and promoting cyclical re-growth.
            (2) However, in various parts of Colorado, 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 lives and property in 
        nearby communities and to municipal water supplies and other 
        infrastructure.
            (3) The Healthy Forests Restoration Act of 2003 (Public Law 
        108-148; 16 U.S.C. 6501 et seq.) was enacted to address the 
        need to reduce the volume of fuel that can feed the most severe 
        wildfires that threaten communities.
            (4) The modification of some provisions of the Healthy 
        Forests Restoration Act of 2003 will help to further expedite 
        action to reduce the risks of severe wildfires to Colorado 
        communities, water supplies, and infrastructure in or near 
        forested areas most severely affected by infestations of bark 
        beetles and other insects.
    (b) Insect-Emergency Area Defined.--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) through (17), respectively; and
            (2) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) Insect-emergency area.--The term `insect-emergency 
        area' means an area of Federal land in Colorado designated by 
        the Secretary pursuant to section 107.''.
    (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 after ``at-risk community'' the following: ``or on any other 
lands identified for such a project in a community wildfire protection 
plan for an at-risk community in or adjacent to an insect-emergency 
area''.
    (d) Response to Insect Emergencies.--Title I of the Healthy Forests 
Restoration Act of 2003 is amended--
            (1) by redesignating sections 107 and 108 as sections 108 
        and 109, respectively; and
            (2) by inserting after section 106 (16 U.S.C. 6516) the 
        following new section:

``SEC. 107. COLORADO INSECT-EMERGENCY AREAS.

    ``(a) Designation of Insect-Emergency Areas.--
            ``(1) Designation authority.--The Secretary may designate 
        an area of Federal land in Colorado as an insect-emergency area 
        if--
                    ``(A) the Secretary determines that the area is 
                subject to a widespread infestation of bark beetles or 
                other insects;
                    ``(B) the Secretary determines that the area is 
                characterized by insect-induced tree mortality that 
                has, or within one year of the determination will have, 
                produced a condition such that an immediate reduction 
                in hazardous fuels is required in order to reduce the 
                risks to human life and property or to a municipal 
                water supply from a severe wildfire; and
                    ``(C) the area is identified for hazardous fuel 
                reduction treatment in a community wildfire protection 
                plan.
            ``(2) Criteria.--The determinations required by 
        subparagraphs (A) and (B) of paragraph (1) shall be made on the 
        basis of the best information available, including observation 
        of relevant insect infestations.
            ``(3) Limitation on delegation.--In the case of National 
        Forest System lands, the authority to designate an insect-
        emergency area may be delegated only to a Regional Forester.
    ``(b) Initiation of Designation Process.--
            ``(1) Initiation.--The designation of an insect-emergency 
        area may be made on the initiative of the Secretary or in 
        response to a request by any agency of the State of Colorado or 
        a political subdivision thereof.
            ``(2) Deadline.--If a request for designation is initiated 
        by the State or a political subdivision thereof, the Secretary 
        shall issue a decision regarding the request not later than 90 
        days after receipt of the request.
    ``(c) Consultation and Public Comment.--Before making the 
determinations required by subparagraphs (A) and (B) of paragraph (1) 
of subsection (a) with respect to an area, the Secretary shall--
            ``(1) consult with any Federal agency responsible for 
        management of lands within a relevant community wildfire 
        protection plan and appropriate State and local officials; and
            ``(2) provide public notice and seek public comments on the 
        possible determinations.
    ``(d) Review of Designation.--Any administrative or judicial review 
of the decision of the Secretary to designate an insect-emergency area 
shall be subject to regulations issued pursuant to section 105 and to 
the provisions of section 106.
    ``(e) Authorized Hazardous Fuel Reduction Projects in Designated 
Areas.--An authorized hazardous fuel reduction project involving only 
lands within 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--
            ``(1) the project involves only lands that are identified 
        for hazardous-fuel reduction treatment in a community wildfire 
        protection plan; and
            ``(2) the decision to categorically exclude the project is 
        made in accordance with applicable extraordinary circumstances 
        procedures established pursuant to section 1508.4 of title 40, 
        Code of Federal Regulations.''.
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