I 111th CONGRESS 1st Session H. R. 1111 IN THE HOUSE OF REPRESENTATIVES February 23, 2009 Mr. Rehberg introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote as a renewable energy source the use of biomass removed from forest lands in connection with hazardous fuel reduction projects on certain Federal land, and for other purposes.

1.

Short title

This Act may be cited as the Wildfire Risk Reduction and Renewable Biomass Utilization Act.

2.

Promotion of use of biomass removed through hazardous fuel reduction projects as energy source

(a)

Findings

Congress makes the following findings: (1)Large-scale insect infestations in several regions of the United States, combined with other factors, such as accumulation of fuel materials, increased settlement in and near forested areas, and prolonged drought, have increased the likelihood of unusually severe wildfires that pose a threat to lives and property in nearby communities. (2)The Healthy Forests Restoration Act of 2003 (Public Law 108–148; 16 U.S.C. 6501 et seq.) is intended to facilitate removal of biomass from forest lands, particularly those located within the wildland-urban interface, in order to reduce the fuels for severe wildfires. (3)Reducing the risk of severe wildfires would be further facilitated if the biomass removed in connection with hazardous fuel reduction projects under the Healthy Forests Restoration Act of 2003 were considered a source of renewable fuel for purposes of the renewable fuel standard established by subtitle A of title II of the Energy Independence and Security Act of 2007 (Public Law 110–140). (b)

Purpose

The purpose of this section is to revise the definition of renewable biomass established by section 201 of the Energy Independence and Security Act of 2007 so as to facilitate and encourage the use of biomass removed from certain additional forest lands as an energy source, in order to reduce the risk of severe wildfire to communities, infrastructure, and water supplies. (c)

Expansion of definition of renewable biomass To include certain forest biomass

Subparagraph (I) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as amended by section 201 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1519), is amended by adding at the end the following new clause: (viii)Biomass removed in connection with an authorized hazardous fuel reduction project, as defined in paragraph (2) of section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), from lands within the wildland-urban interface, as defined in paragraph (16) of such section, except that the term— (I)does not include biomass removed from Federal land containing old growth forest or late successional forest unless the Secretary of the Interior or the Secretary of Agriculture, as appropriate, determines that the removal of organic material from such land is appropriate for the applicable forest type and maximizes the retention of late-successional and large and old growth trees, late-successional and old growth forest structure, and late-successional and old growth forest composition; and (II)does not apply to biomass removed from Federal land on which the removal of vegetation is prohibited, including components of the National Wilderness Preservation System, wilderness study areas, inventoried roadless areas, components of the National Landscape Conservation System, units of the National Park System, or National Monuments. .