[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1797 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1797

  To reduce the risks to Colorado communities and water supplies from 
severe wildfires, especially in areas affected by insect infestations, 
   to provide model legislation that may be applied to other States 
   experiencing similar insect infestations or other forest-related 
                   problems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2007

Mr. Salazar (for himself and Mr. Allard) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To reduce the risks to Colorado communities and water supplies from 
severe wildfires, especially in areas affected by insect infestations, 
   to provide model legislation that may be applied to other States 
   experiencing similar insect infestations or other forest-related 
                   problems, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Colorado Forest 
Management Improvement Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
   TITLE I--HEALTHY FORESTS RESTORATION ACT OF 2003 AND RELATED LAWS

Sec. 101. Community wildfire protection plan assistance.
Sec. 102. Central collection points.
Sec. 103. Biomass commercial utilization grant program.
Sec. 104. Healthy forest partnerships.
               TITLE II--COLORADO FOREST HEALTH MEASURES

Sec. 201. Research and other activities.
Sec. 202. Colorado Forest Health Fund.
Sec. 203. Grants for Colorado fuels for schools program.
Sec. 204. Stewardship contracts in Colorado.
Sec. 205. Permanent authority for Federal and State cooperative 
                            restoration and protection in Colorado.
Sec. 206. Preparation of fire-danger maps.
Sec. 207. Truck weights on Colorado interstate highways.
                       TITLE III--TAX PROVISIONS

Sec. 301. Extension of tax credit for electricity produced from 
                            biomass.
Sec. 302. Partial exclusion from gross income of payments received for 
                            certain hazardous fuel reduction projects.
Sec. 303. Deductibility of certain expenditures in connection with 
                            implementation of community wildfire 
                            protection plans.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to facilitate a more coordinated response by Federal 
        and State agencies and local governments and communities to the 
        effects of insect infestations in forest lands in Colorado so 
        as to reduce the likelihood of loss of life or damage to 
        property or municipal water supplies from severe wildfires and 
        to improve the management of such lands; and
            (2) to provide a model of legislation that could be 
        considered for application to other States experiencing similar 
        insect infestations or other forest-related problems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Colorado Forest 
        Health Fund.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land managed by the Bureau of Land Management and with 
                respect to land held for the benefit of an Indian 
                tribe.
            (3) State.--The term ``State'' means the State of Colorado.

   TITLE I--HEALTHY FORESTS RESTORATION ACT OF 2003 AND RELATED LAWS

SEC. 101. COMMUNITY WILDFIRE PROTECTION PLAN ASSISTANCE.

    (a) Planning Assistance for At-Risk Communities.--
            (1) In general.--Section 103 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding 
        at the end the following new subsection:
    ``(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 Colorado to assist the at-risk communities in 
        preparing, revising, or implementing 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.''.
            (2) Funding source.--Section 35 of the Mineral Leasing Act 
        (30 U.S.C. 191) is amended by adding at the end the following 
        new subsection:
    ``(d) Assistance for At-Risk Communities.--Notwithstanding the 
first sentence of subsection (a), $10,000,000 of the amounts paid into 
the Treasury under subsection (a) for each of fiscal years 2008 through 
2012 shall be made available to the Secretary, without further 
appropriation and until expended, for obligation and expenditure under 
section 103(e) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6513(e)).''.
    (b) Additional Assistance for Preparation of 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 and implementation of community 
                wildfire protection plans (as defined in section 101 of 
                the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6511)).''.

SEC. 102. CENTRAL COLLECTION POINTS.

    Title I of the Healthy Forests Restoration Act of 2003 is amended 
by adding at the end the following new section:

``SEC. 109. CENTRAL COLLECTION POINTS.

    ``(a) Establishment.--To the maximum extent practicable, and 
consistent with relevant land management plans, the Secretary shall 
establish collection points in Colorado for the placement of vegetative 
material removed from Federal or other land as part of a hazardous fuel 
reduction project under this Act. Collection points shall be located so 
as to be readily accessible to the public and so as to take advantage 
of existing roads and other infrastructure.
    ``(b) Conditions for Establishment.--No collection point shall be 
established pursuant to this section--
            ``(1) 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; or
            ``(2) on any property not owned by the United States 
        without the consent of the owner of the property.
    ``(c) Management.--The Secretary is not required to manage use of a 
collection point established under this section, but may enter into 
agreements with local governments, private landowners, or other 
relevant entities with regard to such management, including the terms 
and conditions under which material can be removed from a collection 
point.
    ``(d) 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.
    ``(e) Treatment of Revenues.--Any revenue collected by the 
Secretary through sale of material from a collection point shall be 
retained by the Secretary and used for authorized hazardous fuel 
reduction projects in Colorado.''.

SEC. 103. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.

    The Healthy Forests Restoration Act of 2003 is amended by striking 
section 203 (16 U.S.C. 6531) and inserting the following new section:

``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 identified for 
hazardous fuel reduction treatments in a community wildfire protection 
plan through an authorized hazardous fuel reduction project carried out 
under section 102.
    ``(d) Use of Grant Funds.--An owner or operator who receives a 
grant under 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 is authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2008 through 2012.''.

SEC. 104. HEALTHY FOREST PARTNERSHIPS.

    The Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et 
seq.) is amended by adding at the end the following new title:

           ``TITLE VII--COLORADO HEALTHY FOREST PARTNERSHIPS

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) At-risk community.--The term `at-risk community' has 
        the meaning given the term in section 101.
            ``(2) Implementation plan.--The term `implementation plan' 
        means--
                    ``(A) the plan entitled `Implementation Plan for 
                the Comprehensive Strategy for a Collaborative Approach 
                for Reducing Wildland Fire Risks to Communities and the 
                Environment' and dated May 2002; and
                    ``(B) any amendments to the implementation plan.
            ``(3) Nongovernmental collaborative group.--The term `non-
        governmental collaborative group' means a nongovernmental 
        organization, or a coalition of organizations or individuals in 
        the State of Colorado that, as determined by the Secretary 
        concerned, represents--
                    ``(A) a balance of viewpoints among interested 
                public and private individuals, agencies, or 
                institutions;
                    ``(B) a diverse range of knowledge and experience 
                in issues relating to natural resources; and
                    ``(C) a commitment to timely and cost-effective 
                results.
            ``(4) Partnering entity.--The term `partnering entity' 
        means--
                    ``(A) the State of Colorado (including any 
                political subdivision of such State) operating through 
                the Colorado State Forest Service; or
                    ``(B) an Indian tribe.
            ``(5) Project.--The term `project' means--
                    ``(A) an authorized hazardous fuel reduction 
                project, as defined in section 101(2) on lands in 
                Colorado;
                    ``(B) an activity on lands in Colorado relating to 
                treatment of insect-infested trees; or
                    ``(C) an activity on lands in Colorado relating to 
                the restoration of a forest land, a rangeland, or a 
                watershed.
            ``(6) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land managed by the Bureau of Land Management and 
                land held for the benefit of an Indian tribe that is 
                managed by the Department of the Interior.

``SEC. 702. HEALTHY FOREST PARTNERSHIP ZONES.

    ``(a) Designation.--
            ``(1) In general.--The Secretary concerned may designate as 
        a Healthy Forest Partnership Zone--
                    ``(A) any parcel of Federal land in the State of 
                Colorado that, on the date on which the designation is 
                made, is under the jurisdiction of the Secretary 
                concerned; and
                    ``(B) any non-Federal land located adjacent to the 
                Federal land.
            ``(2) Proposals.--In determining which parcels of land to 
        designate as Healthy Forest Partnership Zones under paragraph 
        (1), the Secretary concerned shall consider proposals submitted 
        by--
                    ``(A) the Governor of Colorado;
                    ``(B) the Colorado State forester;
                    ``(C) forest improvement districts, water 
                conservation districts, and soil conservation 
                districts; and
                    ``(D) at-risk communities in Colorado.
    ``(b) Criteria for Designation.--The Secretary concerned may 
designate a parcel of land as a Healthy Forest Partnership Zone if the 
parcel of land to be so designated is--
            ``(1) at risk of uncharacteristically severe damage to at-
        risk communities or community water supply facilities from a 
        wildland fire or an outbreak of insects or disease; and
            ``(2) requires 1 or more management activities to reduce 
        that risk.
    ``(c) Public Notice.--Before making a designation of a parcel of 
land as a Healthy Forest Partnership Zone, the Secretary concerned 
shall provide public notice and an opportunity for receipt and 
consideration of public comment relating to the designation.
    ``(d) Duration of Designation.--
            ``(1) In general.--Subject to paragraph (2), in making a 
        designation of a parcel of land as a Healthy Forest Partnership 
        Zone under subsection (a), the Secretary concerned shall 
        specify the conditions under which the designation will 
        terminate.
            ``(2) Exception.--A designation of a parcel of land as a 
        Healthy Forest Partnership Zone under subsection (a) shall 
        remain in effect for a period of not more than 5 years after 
        the date on which the designation is made.
    ``(e) Prioritization.--In designating a parcel of land as a Healthy 
Forest Partnership Zone under subsection (a), the Secretary concerned 
shall give priority to parcels of land in which there are located lands 
identified in a community wildfire protection plan for implementation 
of hazardous fuel reduction projects.
    ``(f) Application of Other Laws.--Section 104 shall apply to 
designation of a parcel of land as a Healthy Forest Partnership Zone to 
the same extent as such section applies to conduct of an authorized 
hazardous fuel reduction project.

``SEC. 703. PARTNERSHIP PROJECTS.

    ``(a) Contracts and Other Agreements.--The Secretary concerned may 
enter into a contract (including a sole source contract) or other 
agreement (including an agreement for the mutual benefit of the 
Secretary concerned and a partnering entity) with a partnering entity 
to prepare and implement any hazardous fuel reduction or other projects 
for the Secretary on Federal land in Colorado to complement any similar 
projects on bordering or adjacent non-Federal land.
    ``(b) Administrative Provisions.--
            ``(1) National forest management act.--Subsection (d) of 
        section 14 of the National Forest Management Act of 1976 (16 
        U.S.C. 472a) shall not apply to a contract or other agreement 
        entered into by the Secretary concerned under this section. 
        Subsection (g) of such section shall not apply to a contract or 
        other agreement with the State of Colorado or the Colorado 
        State Forest Service entered into by the Secretary concerned 
        under this section, and the Secretary may agree to allow the 
        State or the State Forest Service to designate trees or other 
        materials to be removed and to supervise the removal thereof.
            ``(2) Materials act of 1947.--Section 2(a) of the Act of 
        July 31, 1947 (commonly known as the `Materials Act of 1947'; 
        30 U.S.C. 602(a)) shall not apply to a project carried out in 
        accordance with a contract or other agreement entered into by 
        the Secretary concerned under this section.
            ``(3) Assumption of liability.--To the extent allowed by 
        Federal, State, or local law, in preparing or carrying out a 
        contract or other agreement under this section, a partnering 
        entity shall assume liability for the actions or omissions of 
        the employees or subcontractors of the partnering entity.
            ``(4) Subcontracting by a partnering entity.--To the extent 
        allowed by State and local law, to prepare or carry out a 
        contract or other agreement under this section, a partnering 
        entity may subcontract to another entity the duties of the 
        partnering entity.
            ``(5) Bond.--Except as otherwise determined by the 
        Secretary concerned, no bond shall be required by the Secretary 
        concerned from any party to a contract or other agreement under 
        this section.
            ``(6) Acquisition requirements.--In awarding a multi-year 
        stewardship contract, the Secretary of Agriculture may fulfill 
        the requirements of the Federal Acquisition Regulation, Part 
        17.104, by use of--
                    ``(A) appropriations originally available for the 
                performance of the contract concerned; or
                    ``(B) appropriations currently available for 
                procurement of the type of services concerned and not 
                otherwise obligated; or
                    ``(C) funds appropriated for these payments.
            ``(7) Cancellation liability.--Funds identified for the 
        purpose of the cancellation liability of a contract shall not 
        be obligated at the time of contract award.
    ``(c) Project Requirements.--Any project covered under this section 
shall--
            ``(1) be consistent with the applicable land and resource 
        management plan developed under section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1604) or the applicable land use plan prepared for one or more 
        units of the public land;
            ``(2) improve the cost efficiency of managing the Federal 
        land covered by the project consistent with best value 
        principles, as determined by the Secretary;
            ``(3) be approved by the Secretary concerned in such 
        Secretary's sole discretion; and
            ``(4) be subject to the requirements of section 104 to the 
        same extent as an approved hazardous fuel reduction project.
    ``(d) Priority for Collaborative Projects.--The Secretary concerned 
shall give priority to projects--
            ``(1) that are developed through cooperation with non-
        governmental collaborative groups;
            ``(2) that are consistent with a community wildfire 
        protection plan; and
            ``(3) that are prepared in a manner consistent with the 
        Implementation Plan or any amendment thereto.
    ``(e) Consent of Landowner Required.--The Secretary concerned shall 
not carry out any activity on non-Federal land under this section 
without the consent of the owner of the non-Federal land.''.

               TITLE II--COLORADO FOREST HEALTH MEASURES

SEC. 201. RESEARCH AND OTHER ACTIVITIES.

    (a) Research.--To improve the long-term health of forests in the 
State, the Secretary of Agriculture shall--
            (1) provide financial assistance in the form of grants to--
                    (A) the Colorado Wood Program of Colorado State 
                University for the conduct of research and development 
                and marketing of non-traditional forest products;
                    (B) the Forest Restoration Institute at Colorado 
                State University, including assistance for the conduct 
                of research in higher elevation forests; and
                    (C) any other entities, including entities 
                conducting research on utilization of wood and other 
                products from high-elevation forests that the Secretary 
                of Agriculture determines to be appropriate; and
            (2) acting through the Rocky Mountain Research Station, 
        collaborate with the Forest Restoration Institute at Colorado 
        State University in the conduct of research on and the 
        development and transfer of broader landscape treatment 
        strategies and ways to integrate best science with community 
        needs.
    (b) Assessments and Cooperation.--The Secretary concerned, in 
cooperation with the Colorado State Forester and other applicable State 
agencies, shall--
            (1) assess priorities in the State for use of stewardship 
        contracts to initiate revitalization of the forest product 
        industry; and
            (2) otherwise cooperate with the Colorado State Forest 
        Service and the forest products industry in the State to assist 
        in the development of new markets for non-traditional forest 
        products and marketing of such products.
    (c) Financial Assistance for Stewardship Projects and Small 
Businesses.--The Secretary concerned shall--
            (1) consider use of authority under the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6501 et seq.), stewardship 
        contracts, and other long-term contracts to ensure a sustained 
        supply of raw wood materials in the State;
            (2) provide financial assistance for the upfront costs of 
        long-term stewardship projects in areas in which timber values 
        do not provide for recovery costs; and
            (3) provide grants and low-cost loans to eligible small 
        business concerns in the forest product industry in the State 
        for the costs of start-up activities, converting equipment, and 
        modifying facilities to enable the small business concerns to 
        use wood from forests in the State.
    (d) Consultation.--The Secretary of Agriculture shall consult with 
the Administrator of the Environmental Protection Agency regarding 
possible steps to facilitate use of raw wood materials in combination 
with other substances as fuels in existing facilities for the 
generation of electricity or for other purposes. Consultation shall 
include consideration of the possibility of modifying existing permits 
issued to such facilities pursuant to the Clean Air Act and other 
Federal laws.
    (e) Report.--No later than 90 days after the date of the enactment 
of this Act, the Secretary of Agriculture shall submit to Congress a 
report regarding the results of consultation under subsection (d). The 
report may include any recommendations regarding possible legislation 
that the Secretary thinks appropriate and desirable.
    (f) Authorization of Appropriations.--To implement this section, 
there are authorized to be appropriated not to exceed $2,000,000 in 
each of fiscal years 2008 through 2012.

SEC. 202. COLORADO FOREST HEALTH FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Colorado Forest Health 
Fund'', consisting of--
            (1) such amounts as are appropriated to the Fund under 
        subsection (b) or any other law; and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    (b) Transfers to Fund.--Notwithstanding any other provision of law, 
on October 1, 2008, and each October 1 thereafter, there is 
appropriated to the Fund an amount equal to 50 percent of the proceeds 
during the previous fiscal year from the Forest Service sales of timber 
in the State, or $2,000,000, whichever amount is greater.
    (c) Expenditures From Fund.--On request by the Secretary of 
Agriculture, the Secretary of the Treasury shall transfer from the Fund 
to the Secretary concerned such amounts not exceeding $2,000,000 in any 
fiscal year as the Secretary of Agriculture determines are necessary to 
carry out measures to improve forest health and reduce hazardous fuels 
in the State.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Interest-bearing obligations.--Investments may be made 
        only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under subparagraph (A), obligations may be 
        acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
    (e) Sale of Obligations.--Any obligation acquired by the Fund may 
be sold by the Secretary of the Treasury at the market price.
    (f) Credits to Fund.--The interest on, and the proceeds from the 
sale or redemption of, any obligations held in the Fund shall be 
credited to and form a part of the Fund.
    (g) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred, to the extent prior estimates 
        were in excess of or less than, the amounts required to be 
        transferred.

SEC. 203. GRANTS FOR COLORADO FUELS FOR SCHOOLS PROGRAM.

    (a) Grants.--For each of fiscal years 2008 through 2012, the 
Secretary concerned shall provide not more than $5,000,000 in grants to 
the State for the Colorado fuels for schools program under section 
210(b) of the Energy Policy Act of 2005 (42 U.S.C. 15855)--
            (1) to conduct studies at eligible schools in rural 
        communities to determine the feasibility of installing and 
        operating biomass boilers at the schools and other public 
        buildings; and
            (2) to assist eligible schools and other public buildings 
        in rural communities in the installation and operation of 
        biomass boilers.
    (b) Definitions.--In this section, the term ``biomass'' has the 
same meaning as such term has in section 210 of the Energy Policy Act 
of 2005 and the term ``rural communities'' has the same meaning as the 
term ``preferred community'' has in such section of such Act.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit the applicability of the Clean Air Act or any other 
Federal or State law or regulation otherwise applicable to installation 
and operation of a biomass boiler.
    (d) Authorization of Appropriations.--To implement this section, 
there are authorized to be appropriated not to exceed $5,000,000 for 
each of fiscal years 2008 through 2012.

SEC. 204. STEWARDSHIP CONTRACTS IN COLORADO.

    Section 347(c) of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; 112 Stat. 2681-
299), is amended by adding at the end the following new paragraph:
            ``(6) Extended term for projects in colorado.--
                    ``(A) In general.--Notwithstanding paragraph (2), 
                any agreement or contract under subsection (a) for a 
                project to be carried out in the State of Colorado may 
                have a term of not more than 20 years.
                    ``(B) Applicability.--The Chief of the Forest 
                Service or the Director of the Bureau of Land 
                Management, as applicable, with the consent of the 
                other parties to the agreement or contract, may modify 
                any agreement or contract for a project to be carried 
                out in the State of Colorado entered into before the 
                date of enactment of this paragraph to provide for the 
                maximum term described in subparagraph (A).
                    ``(C) Cancellation liability.--Funding, for the 
                purpose of potential cancellation liability in 
                accordance with the Federal Acquisition Regulation Part 
                17.106-1, shall not be identified nor obligated, in 
                accordance with that Part 17.106-1, at the time of 
                award of a contract under subsection (a) for a project 
                to be carried out in the State of Colorado, 
                notwithstanding the requirements of Part 17.104 of such 
                Regulation.''.

SEC. 205. PERMANENT AUTHORITY FOR FEDERAL AND STATE COOPERATIVE 
              RESTORATION AND PROTECTION IN COLORADO.

    Section 331 of the Department of the Interior and Related Agencies 
Appropriations Act, 2001 (114 Stat. 996; 118 Stat. 3102), is amended by 
striking subsection (e).

SEC. 206. PREPARATION OF FIRE-DANGER MAPS.

    The Secretary of Agriculture, in cooperation with the Colorado 
State Forest Service and utilizing to the maximum extent possible 
existing software, data, private-sector geospatial information 
technology, and information from other sources, shall prepare and make 
available to the public maps of forested lands in Colorado identifying 
the relative degrees of susceptibility of such lands to severe 
wildfires and the risks to communities and municipal water supplies 
from such wildfires.

SEC. 207. TRUCK WEIGHTS ON COLORADO INTERSTATE HIGHWAYS.

    Section 127(a)(6) of title 23, United States Code, is amended by 
inserting before the period at the end the following: ``, and the State 
of Colorado may allow, by special permit, the operation of vehicles 
with a gross vehicle weight in excess of 80,000 pounds (up to such 
State's maximum gross weight limit) for the hauling of dead or diseased 
timber and other forest materials removed from the forests in such 
State in order to reduce fire hazards''.

                       TITLE III--TAX PROVISIONS

SEC. 301. EXTENSION OF TAX CREDIT FOR ELECTRICITY PRODUCED FROM 
              BIOMASS.

    (a) In General.--Clause (i) of section 45(d)(3)(A) of the Internal 
Revenue Code of 1986 (relating to open-loop biomass facilities) is 
amended by striking ``January 1, 2009'' both places it appears and 
inserting ``January 1, 2030''.
    (b) Biomass Eligible for Full Credit Rate.--Subparagraph (A) of 
section 45(b)(4) (relating to credit rate) is amended by striking 
``(3),''.
    (c) Effective Dates.--
            (1) The amendment made by subsection (a) shall take effect 
        the date of the enactment of this Act.
            (2) The amendment made by subsection (b) shall apply to 
        electricity produced and sold after the date of the enactment 
        of this Act in taxable years ending after such date.

SEC. 302. PARTIAL EXCLUSION FROM GROSS INCOME OF PAYMENTS RECEIVED FOR 
              CERTAIN HAZARDOUS FUEL REDUCTION PROJECTS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 
139A the following new section:

``SEC. 139B. COMPENSATION FOR CERTAIN HAZARDOUS FUEL REDUCTION 
              PROJECTS.

    ``(a) General Rule.--Gross income shall not include any hazardous 
fuel reduction payment in the State of Colorado.
    ``(b) Dollar Limitation.--The aggregate of the payments which may 
be taken into account under subsection (a) with respect to a taxpayer 
for a taxable year shall not exceed $10,000 ($20,000 in the case of a 
joint return).
    ``(c) Hazardous Fuel Reduction Projects Payments.--For purposes of 
this section, the term `hazardous fuel reduction payment' means any 
amount received by the taxpayer from the United States during the 
taxable year as compensation for work performed in the State of 
Colorado as part of an authorized hazardous fuels reduction project 
conducted pursuant to section 102 of the Healthy Forests Restoration 
Act of 2003 16 U.S.C. 6512).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2007.

SEC. 303. DEDUCTIBILITY OF CERTAIN EXPENDITURES IN CONNECTION WITH 
              IMPLEMENTATION OF COMMUNITY WILDFIRE PROTECTION PLANS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended--
            (1) by redesignating section 224 as section 225; and
            (2) by inserting after section 223 the following new 
        section:

``SEC. 224. IMPLEMENTATION OF COMMUNITY WILDFIRE PROTECTION PLANS.

    ``(a) In General.--In the case of a individual, there shall be 
allowed as a deduction an amount equal to the sum of the amounts 
expended during the taxable year for carrying out an eligible hazardous 
fuel reduction project on lands owned by such individual located in 
Colorado and identified for such a project in a community wildfire 
protection plan.
    ``(b) Dollar Limitation.--The aggregate of the expenditures which 
may be taken into account under subsection (a) with respect to a 
taxpayer for a taxable year shall not exceed $10,000 ($20,000 in the 
case of a joint return).
    ``(c) Hazardous Fuel Reduction Project.--For purposes of this 
section, the terms `hazardous fuel reduction project' and `Community 
Wildfire Protection Plan' have the same meaning as such terms have in 
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512).
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
as may be appropriate to carry out this section.''.
    (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other 
Deductions.--Subsection (a) of section 62 of such Code is amended by 
inserting the following new item:
            ``(_) Implementation of community wildfire protection 
        plans.--The deduction allowed by section 224.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2007.
                                 <all>