[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4398 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4398

To address public safety risks in western States by facilitating insect 
 and disease infestation treatment of National Forest System land and 
 certain adjacent land, to make permanent the good-neighbor authority 
 for Colorado and stewardship contracting authorities available to the 
                Forest Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

  Mr. Salazar (for himself, Ms. DeGette, Ms. Markey of Colorado, Mr. 
    Polis of Colorado, Mr. Perlmutter, Mr. Lamborn, Mr. Coffman of 
Colorado, Mr. Minnick, Mr. Lujan, Mrs. Kirkpatrick of Arizona, and Ms. 
   Berkley) 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 address public safety risks in western States by facilitating insect 
 and disease infestation treatment of National Forest System land and 
 certain adjacent land, to make permanent the good-neighbor authority 
 for Colorado and stewardship contracting authorities available to the 
                Forest Service, 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 ``National Forest 
Insect and Disease Emergency Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Designation of insect and disease emergency areas.
Sec. 5. Response to emergency designation.
Sec. 6. Good neighbor relationship with the State of Colorado.
Sec. 7. Stewardship contracting.
Sec. 8. Protection of private property rights.

SEC. 2. PURPOSES.

    (a) Purposes.--The purposes of this Act are--
            (1) to ensure that adequate emphasis is placed on the 
        mitigation of hazards posed by large-scale infestations of bark 
        beetles and other insects through the establishment of insect 
        and disease emergency areas;
            (2) to ensure that increased resources are available within 
        each designated insect and disease emergency area--
                    (A) to mitigate hazards associated with falling 
                trees and increased fire hazards; and
                    (B) to restore National Forest System land within 
                the designated insect and disease emergency area; and
            (3) to make permanent good-neighbor authority for the State 
        of Colorado and stewardship contracting authorities available 
        to the Secretary of Agriculture.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected state.--The term ``affected State'' means the 
        States of Arizona, California, Colorado, Idaho, Montana, 
        Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and 
        Wyoming.
            (2) Insect and disease emergency area.--The term ``insect 
        and disease emergency area'' means an area of National Forest 
        System land (other than land excluded by section 4(d)) that--
                    (A) is identified as an insect and disease 
                emergency area on the map entitled ``Insect Emergency 
                Areas'' and dated [___]; or
                    (B) is designated as an insect and disease 
                emergency area by the Secretary in the manner provided 
                in section 4(b).
            (3) Insect and disease infestation emergency.--The term 
        ``insect and disease infestation emergency'' means an insect or 
        disease infestation that the Secretary determines has resulted 
        in--
                    (A) a current or future increased risk of 
                catastrophic wildland fire; or
                    (B) an increased threat posed by hazardous trees to 
                utility corridors, communication sites, or other 
                infrastructure.
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. DESIGNATION OF INSECT AND DISEASE EMERGENCY AREAS.

    (a) Designation by Map.--
            (1) Designation.--There is designated as an insect and 
        disease emergency area each area of National Forest System land 
        identified as such an area on the map entitled ``Insect 
        Emergency Areas'' and dated ___.
            (2) Map; legal descriptions.--As soon as practicable after 
        the date of enactment of this Act, the Secretary shall file the 
        map referred to in paragraph (1) and a legal description for 
        each insect and disease emergency area designated by such 
        paragraph with--
                    (A) the Committee on Energy and Natural Resources 
                and the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate; and
                    (B) the Committee on Natural Resources and the 
                Committee on Agriculture of the House of 
                Representatives.
            (3) Force of law.--The map and legal descriptions filed 
        under paragraph (2) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the map and the legal descriptions.
            (4) Public availability.--The map and legal descriptions 
        filed under paragraph (2) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (b) Designation by Secretary.--
            (1) Designation.--The Secretary may designate an area of 
        National Forest System land as an additional insect and disease 
        emergency area if the National Forest System land--
                    (A) is located in an affected State;
                    (B) is subject to an insect and disease infestation 
                emergency, as determined by the Secretary.
            (2) Initiation.--The designation of an insect and disease 
        emergency area under this subsection may be made by the 
        Secretary--
                    (A) on the initiative of the Secretary; or
                    (B) in response to a request by the Governor of an 
                affected State.
            (3) Deadline.--If the Governor of an affected State 
        requests the Secretary to designate National Forest System land 
        in the State as an additional insect and disease emergency 
        area, the Secretary shall accept or deny the request before the 
        end of the 90-day period beginning on the date on which the 
        Secretary receives the request. If the Secretary does not 
        accept or deny the request before the end of such period, the 
        request shall be deemed to be denied. If the request is denied, 
        the Secretary shall submit to the Governor who submitted the 
        request and the congressional committees specified in 
        subsection (a)(2) an explanation of the reasons for the denial.
            (4) Limitation on delegation.--The Secretary may delegate 
        the authority to make a designation under this subsection only 
        to the Regional Forester responsible for the National Forest 
        System land that would be covered by the designation.
            (5) Procedure.--If the Secretary designates an additional 
        insect and disease emergency area under this subsection, the 
        Secretary shall--
                    (A) publish a notice of the designation of the 
                insect and disease emergency area (including a map of 
                the insect and disease emergency area) in the Federal 
                Register; and
                    (B) notify the Governor of the affected State in 
                which the land is located and the congressional 
                committees specified in subsection (a)(2).
    (c) Relation to Other Laws.--
            (1) NEPA.--The designation of an insect and disease 
        emergency area under this section does not constitute a major 
        Federal action under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.). Subsequent major Federal actions 
        taken as a result of the designation are subject to such Act.
            (2) Forest service decisionmaking.--The designation of an 
        insect and disease emergency area under this section shall not 
        be subject to--
                    (A) section 322 of the Department of the Interior 
                and Related Agencies Appropriation Act, 1993 (Public 
                Law 102-381; 16 U.S.C. 1612 note); or
                    (B) any related law or regulation.
    (d) Certain Lands Excluded.--An insect and disease emergency area 
may not include--
            (1) land designated as wilderness;
            (2) land recommended for wilderness designation in a forest 
        land and resource management plan; and
            (3) land on which the removal of vegetation is prohibited 
        or restricted by Act of Congress or Presidential proclamation 
        (including the applicable implementation plan).
    (e) Duration of Designation.--
            (1) Designation by map.--An insect and disease emergency 
        area designated on the map referred to in subsection (a)(1) 
        shall continue as an insect and disease emergency area until--
                    (A) the end of the 10-year period beginning on the 
                date of the enactment of this Act; or
                    (B) such earlier date as may be designated by the 
                Secretary if the Secretary determines that the area of 
                National Forest System land is no longer subject to an 
                insect and disease infestation emergency.
            (2) Designation by secretary.--An insect and disease 
        emergency area designated by the Secretary under subsection (b) 
        shall continue as an insect and disease emergency area until--
                    (A) the end of the 10-year period beginning on the 
                date of the designation; or
                    (B) such earlier date as may be designated by the 
                Secretary if the Secretary determines that the area of 
                National Forest System land is no longer subject to an 
                insect and disease infestation emergency.
            (3) Redesignation.--The expiration of the 10-year period 
        specified in paragraph (1)(A) or (2)(A) does not prohibit the 
        Secretary from redesignating an area of National Forest System 
        land as an insect and disease emergency area under subsection 
        (b) if the Secretary determines that the area of National 
        Forest System land continues to be subject to an insect and 
        disease infestation emergency.

SEC. 5. RESPONSE TO EMERGENCY DESIGNATION.

    (a) Priority Treatments.--In carrying out the management of an 
insect and disease emergency area, the Secretary shall give priority 
consideration--
            (1) to the removal of hazardous fuels and hazardous trees 
        posing a risk to--
                    (A) human communities;
                    (B) utility corridors;
                    (C) communication sites;
                    (D) roads;
                    (E) recreation sites;
                    (F) water structures; and
                    (G) other infrastructure;
            (2) to the restoration of the health of land surrounding 
        any of the areas or sites specified in paragraph (1); and
            (3) to the provision of assistance to State and local 
        governments, Indian tribes, and private landowners for the 
        removal of hazardous fuels and hazardous trees on, and the 
        restoration of the health of, each parcel of land located in 
        the insect and disease emergency area--
                    (A) that is under the jurisdiction of the State or 
                local government or Indian tribe; or
                    (B) the title of which is held by a private 
                landowner.
    (b) Biomass Use.--In giving priority to initiatives described in 
subsection (a), the Secretary shall give priority consideration to the 
making of payments under section 9011(d) of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8111(d)), as amended by section 
9001(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 
110-246; 122 Stat. 2064), to an individual or entity described in 
paragraph (1)(B) of such section that collects or harvests renewable 
biomass from a parcel of National Forest System land located in an 
insect and disease emergency area.
    (c) Emergency Forest Restoration.--In implementing the emergency 
forest restoration program under section 407 of the Agricultural Credit 
Act of 1978 (16 U.S.C. 2206), the Secretary may make payments to an 
owner of a parcel of nonindustrial private forest land that is located 
in an insect and disease emergency area to carry out emergency measures 
in response to an insect and disease infestation emergency under this 
Act.
    (d) Treatment as Renewable Biomass.--Any biomass removed from a 
parcel of land located in an insect and disease emergency area shall be 
considered to be renewable biomass for purposes of the renewable fuel 
standard under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
    (e) Healthy Forest Restoration.--
            (1) Authority of secretary.--The Secretary may apply each 
        requirement described in sections 104 and 105 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515) to 
        projects that are carried out to remove hazardous fuels and 
        hazardous trees on, and to restore the health of, National 
        Forest System land that is located in an insect and disease 
        emergency area.
            (2) Judicial review.--Section 106 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6516) shall apply to each 
        project described in paragraph (1).

SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE OF COLORADO.

    (a) State Forest Services.--
            (1) Authority of secretary.--The Secretary may offer to 
        enter into any contract (including a sole source contract) or 
        other agreement (including an agreement for the mutual benefit 
        of the Secretary and each other party to the contract or 
        agreement), as appropriate, with the State of Colorado (in this 
        section referred to as the ``State'') to perform watershed 
        restoration and protection services on National Forest System 
        land located in the State if the State is carrying out similar 
        and complementary watershed restoration and protection services 
        on a parcel of State or private land that is located adjacent 
        to the National Forest System land.
            (2) Authorized services.--Watershed restoration and 
        protection services described in paragraph (1) include--
                    (A) the treatment of insect-infested trees;
                    (B) the reduction of hazardous fuels; and
                    (C) any other activity that is carried out to 
                restore or improve watersheds or fish and wildlife 
                habitat across ownership boundaries.
    (b) Administrative Provisions.--
            (1) National forest management act of 1976.--Subsections 
        (d) and (g) of section 14 of the National Forest Management Act 
        of 1976 (16 U.S.C. 472a) shall not apply to services performed 
        under a contract or other agreement under subsection (a)(1).
            (2) Assumption of liability.--In accordance with each 
        applicable law (including regulations), in preparing and 
        carrying out a contract entered into under subsection (a)(1), 
        the State that is a party to the contract shall be liable for 
        each action and omission of the employees of the State.
            (3) Subcontracts.--A State, in accordance with the 
        applicable contract procedures of the State, may enter into 
        subcontracts to provide restoration services authorized under a 
        contract or other agreement entered into under subsection 
        (a)(1).
            (4) Dispute resolution.--Any dispute under a contract or 
        other agreement under subsection (a)(1) shall be resolved in 
        accordance with, as applicable--
                    (A) the dispute clause of the contract or other 
                agreement;
                    (B) the Contract Disputes Act of 1978 (41 U.S.C. 
                601 et seq.); or
                    (C) section 1491 of title 28, United States Code.
    (c) Retention of Responsibilities Under National Environmental 
Policy Act of 1969.--With respect to any watershed restoration and 
protection service on National Forest System land that is proposed to 
be carried out by the State under subsection (a), any decision required 
to be made under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) may not be delegated to any officer or employee of 
the State.
    (d) Applicability.--
            (1) In general.--Subject to paragraph (2), the authority 
        provided by this section applies only to National Forest System 
        land located in Colorado.
            (2) Secretary of the interior.--With respect to public land 
        located in Colorado that is administered by the Secretary of 
        the Interior (acting through the Bureau of Land Management), 
        the Secretary of the Interior may carry out activities under 
        this section on the public land.

SEC. 7. STEWARDSHIP CONTRACTING.

    (a) Permanent Authority.--Section 347(a) of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 
note; as contained in section 101(e) of division A of Public Law 105-
277) is amended by striking ``Until September 30, 2013, the'' and 
inserting ``The''.
    (b) Treatment of Cancellation Costs.--Section 347 of the Department 
of the Interior and Related Agencies Appropriations Act, 1999 (16 
U.S.C. 2104 note; as contained in section 101(e) of division A of 
Public Law 105-277) is amended by adding at the end the following new 
subsection:
    ``(h) Treatment of Cancellation Costs.--
            ``(1) Limitation on obligation.--Notwithstanding any other 
        provision of law, including section 304B of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254c), the Forest Service may not obligate funds to cover the 
        cost of canceling a Forest Service multiyear stewardship 
        contract under subsection (a) until the date on which the 
        multiyear stewardship contract is cancelled.
            ``(2) Costs of cancellation or termination.--The costs of 
        any cancellation or termination of a multiyear stewardship 
        contract described in paragraph (1) may be paid from any 
        appropriations available to the Forest Service. In the event 
        such appropriations are exhausted--
                    ``(A) the exhaustion of such appropriations shall 
                not be considered to be a violation of section 1341 of 
                title 31, United States Code; and
                    ``(B) the Secretary of Agriculture shall seek a 
                supplemental appropriation.''.

SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS.

    Nothing in this Act diminishes the rights of any owner of private 
property.
                                 <all>