[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2798 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2798

To reduce the risk of catastrophic wildfire through the facilitation of 
insect and disease infestation treatment of National Forest System and 
                 adjacent land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2009

   Mr. Udall of Colorado (for himself and Mr. Risch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To reduce the risk of catastrophic wildfire through the facilitation of 
insect and disease infestation treatment of National Forest System and 
                 adjacent land, 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.

    This Act may be cited as the ``National Forest Insect and Disease 
Emergency Act of 2009''.

SEC. 2. 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 to mitigate 
        hazards associated with--
                    (A) falling trees;
                    (B) increased fire hazards; and
                    (C) the restoration of National Forest System land; 
                and
            (3) to make permanent, as of the date of enactment of this 
        Act, existing good neighbor and stewardship contracting 
        authorities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected state.--The term ``affected State'' includes 
        each of the States of--
                    (A) Arizona;
                    (B) California;
                    (C) Colorado;
                    (D) Idaho;
                    (E) Montana;
                    (F) Nevada;
                    (G) New Mexico;
                    (H) Oregon;
                    (I) South Dakota;
                    (J) Utah;
                    (K) Washington; and
                    (L) Wyoming.
            (2) Insect and disease emergency area.--The term ``insect 
        and disease emergency area'' means an area of National Forest 
        System land--
                    (A) that is located in an affected State that is 
                not--
                            (i) designated as wilderness; or
                            (ii) an area recommended for wilderness in 
                        a forest land and resource management plan;
                    (B) in which an insect and disease infestation 
                emergency exists, as determined by the Secretary; and
                    (C) that is designated by--
                            (i) section 4(a); or
                            (ii) the Secretary under section 4(c).
            (3) Insect and disease infestation emergency.--The term 
        ``insect and disease infestation emergency'' means an insect or 
        disease infestation that has resulted in--
                    (A) a current or future increased risk of 
                catastrophic wildland fire; or
                    (B) an increased threat posed by hazard trees to--
                            (i) utility corridors;
                            (ii) communication sites;
                            (iii) roads;
                            (iv) recreation sites;
                            (v) water structures (such as reservoirs 
                        and water conveyance systems); or
                            (vi) other infrastructure.
            (4)  Map.--The term ``map'' means the map entitled ``Insect 
        Emergency Areas''.
            (5) 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)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

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

    (a) Designation.--Each area depicted on the map is designated as an 
insect and disease emergency area under this Act.
    (b) Map.--
            (1) Duty of secretary.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall file the map 
        for insect and disease emergency areas designated by subsection 
        (a) with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (C) the Committee on Natural Resources of the House 
                of Representatives; and
                    (D) the Committee on Agriculture of the House of 
                Representatives.
            (2) Force of law.--The map filed under paragraph (1) shall 
        have the same force and effect as if included in this 
        subsection, except that the Secretary may correct typographical 
        errors in the map and the legal descriptions.
            (3) Public availability.--The map filed under paragraph (1) 
        shall be on file and available for public inspection in the 
        appropriate offices of the Forest Service.
    (c) Designation by Secretary.--
            (1) In general.--The Secretary may designate additional 
        insect and disease emergency areas in accordance with each 
        requirement described in this subsection.
            (2) Initiation.--The designation of an insect and disease 
        emergency area may be made by the Secretary--
                    (A) on the initiative of the Secretary; or
                    (B) in response to a request by any Governor of an 
                affected State.
            (3) Deadline.--If the Governor of a State described in 
        paragraph (2)(B) requests the Secretary to designate as an 
        insect and disease emergency area an area located in the State, 
        the Secretary shall accept or deny the request by a date that 
        is not later than 90 days after the date on which the Secretary 
        receives the request.
            (4) Limitation on delegation.--With respect to National 
        Forest System land, the Secretary, acting through the Chief of 
        the Forest Service, may delegate the authority to make a 
        designation under this subsection only to a Regional Forester 
        of the National Forest System land.
            (5) Procedure.--If the Secretary designates an additional 
        insect and disease emergency area under paragraph (1), 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--
                            (i) each appropriate State; and
                            (ii) the appropriate committees of 
                        Congress.
            (6) Applicability.--A designation made by the Secretary 
        under paragraph (1) shall not be subject to--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) section 322 of the Department of the Interior 
                and Related Agencies Appropriations Act, 1999 (Public 
                Law 105-277; 112 Stat. 2681-289); or
                    (C) any other applicable law (including 
                regulations).

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 to--
            (1) the removal of hazardous fuels and hazard trees on, and 
        the restoration of the health of, National Forest System land 
        located in the insect and disease emergency area; and
            (2) the provision of assistance to State and local 
        governments, Indian tribes, and private landowners for the 
        removal of hazardous fuels and hazard 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; and
            (3) the making of payments under section 9011(d)(1)(B) of 
        the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
        8111(d)(1)(B)) to each individual or entity that collects or 
        harvests renewable biomass from a parcel of National Forest 
        System land located in an insect and disease emergency area.
    (b) 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.
    (c) 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)).
    (d) 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 
        hazard 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 AUTHORITY.

    (a) State Forest Services.--
            (1) Authority of secretary.--Notwithstanding chapter 63 of 
        title 31, United States Code, and any provisions of law related 
        to competition, the Secretary may enter into a contract 
        (including a sole source contract) or agreement (including an 
        agreement for the mutual benefit of the Secretary and the 
        State), as appropriate and consistent with all applicable 
        general and specific operating procedures established by the 
        Forest Service for such contracts and agreements (including 
        labor and wage requirements), with a State to permit 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 adjacent State or private 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.--The State shall assume 
        liability, to the extent allowed by Federal, State, and local 
        law, for the actions or omissions of employees or 
        subcontractors of the State in preparing or implementing a 
        contract or agreement under this title.
            (3) Subcontracts.--A State may subcontract, to the extent 
        allowed by State and local law, to prepare or implement a 
        contract or agreement under this title.
            (4) Dispute resolution.--Any dispute under a contract or 
        agreement under subsection (a)(1) shall be resolved in 
        accordance with, as applicable--
                    (A) the dispute clause of the contract or 
                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 a 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 the State or 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 affected States.
            (2) Secretary of the interior.--With respect to public land 
        that is located in an affected State and 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) Cancellation Costs.--
            (1) In general.--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 
        Secretary may not obligate funds to cover the cost of canceling 
        a Forest Service multiyear stewardship contract under section 
        347 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
        277) 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 
        that are made available to the Forest Service.
            (3) Anti-deficiency act.--In the case in which the 
        appropriations described in paragraph (2) are exhausted--
                    (A) the exhaustion shall not be considered to be a 
                violation of section 1341 of title 31, United States 
                Code; and
                    (B) the Secretary shall seek a supplemental 
                appropriation.
    (b) Permanent Authority.--Section 347(a) of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 
note; Public Law 105-277) is amended by striking ``Until September 30, 
2013, the'' and inserting ``The''.

SEC. 8. EFFECT.

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