110 HR 5241 IH: Colorado Forest Insect Emergency U.S. House of Representatives 2008-02-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5241 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.

1.

Short title

This Act may be cited as the Colorado Forest Insect Emergency Response Act of 2008.

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:

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.

.