1.Short title; table of
contents
(a)This Act may be cited
as the National Forest Insect and
Disease Emergency Act of 2009
.
(b)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.
2.
(a)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.
3.In this Act:
(1)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 areaThe
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 emergencyThe 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)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)The
term Secretary means the Secretary of Agriculture.
4.Designation of
insect and disease emergency areas
(a)
(1)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)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)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)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)
(1)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)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)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)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)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)
(1)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
decisionmakingThe
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)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)
(1)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)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)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.
5.Response to
emergency designation
(a)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)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
restorationIn 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 biomassAny 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)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)Section 106 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6516) shall apply to each project described in paragraph (1).
6.Good neighbor
relationship with the State of Colorado
(a)
(1)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)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 1976Subsections (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)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)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)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
1969With 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)
(1)Subject to paragraph (2), the authority provided by this
section applies only to National Forest System land located in Colorado.
(2)Secretary of the
interiorWith 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.
7.
(a)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 costsSection
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)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 terminationThe 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.
.
8.Protection of
private property rightsNothing in this Act diminishes the rights of
any owner of private property.