[Congressional Record Volume 153, Number 114 (Tuesday, July 17, 2007)]
[Extensions of Remarks]
[Pages E1544-E1545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       INTRODUCTION OF COLORADO FOREST MANAGEMENT IMPROVEMENT ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Tuesday, July 17, 2007

  Mr. UDALL of Colorado. Madam Speaker, today I am introducing the 
Colorado Forest Management Improvement Act of 2007, legislation 
intended to facilitate a coordinated response to beetle infestation in 
Colorado's forest lands. In shaping it, we have also attempted to 
develop a model that could be useful as a response to similar problems 
in other States.
  This bill is cosponsored all my Colorado colleagues here in the 
House, and Senator Salazar is introducing an identical bill that is 
cosponsored by Senator Allard. So this is legislation supported by our 
entire delegation in Congress.
  As we are daily reminded, in Colorado and other Rocky Mountain States 
the risk of severe wildfires is very real. Partly, this is because of 
drought. But there are other contributing factors.
  One is that for many years, the Federal Government's policy 
emphasized fire suppression, even though fire is an inescapable part of 
the ecology of western forests like those in Colorado. Today, in many 
parts of the forests there is an accumulation of underbrush and thick 
stand of small diameter trees that is greater than would be the case if 
there had been more, smaller fires over the years. They provide the 
extra fuel that can turn a small fire into an intense inferno. The 
problem has been made worse by our growing population and increasing 
development in the places where communities meet the forests--the so-
called ``wildland-urban interface.'' And when you add the effects of 
widespread infestations of insects, you have a recipe for even worse to 
come.
  I have put a priority on reducing the wildfire risks to our 
communities since I was elected to Congress. In 2000, with our then 
colleague, Representative Hefley, I introduced legislation to 
facilitate reducing the buildup of fuel in the parts of Colorado that 
the Forest Service, working with State and local partners, identified 
at greatest risk of fire--the so-called ``red zones.'' Concepts from 
that legislation were included in the National Fire Plan developed by 
the Clinton administration and were also incorporated into the Healthy 
Forests Restoration Act of 2003. As a member of the Resources 
Committee, I had worked to develop the version of that legislation that 
the committee approved in 2002, and while I could not support the 
different version initially passed by the House in 2003, I voted for 
the revised version developed in conference with the Senate later that 
year--the version that President Bush signed into law.
  Since then, in Colorado there has been very welcome progress in 
developing community wildfire protection plans and focusing fuel-
reduction projects in the priority ``red zone'' areas, two important 
aspects of the new law. But at the same time nature has continued to 
add to the build up of fuel in the form of both new growth and dead and 
dying mature trees. And now there is an additional factor--increasingly 
widespread infestations of bark beetles.
  Many species of bark beetles, such as the mountain pine beetle, are 
native to our forests. They place stress on trees by burrowing through 
the bark. If a tree is healthy, it can defend itself by producing sap 
to repel and expel the invaders. But if the defense fails, the insects 
lay their eggs in the woody material below the bark. Once the eggs 
hatch, they feed on the tree's fiber and disrupt the flow of water and 
nutrients from the tree's roots to its needles and branches. In 
addition, the invading insects bring in fungi and other invaders that 
further damage the tree. If enough insects are able to penetrate the 
tree and lay eggs, the tree dies. The offspring then mature and fly to 
another tree and the cycle begins anew.
  These insects are a natural component of forest ecosystems. They help 
to balance tree densities and set the stage for fires and thereby the 
generation of new tree growth. And when forests are healthy and there 
are adequate supplies of water, the insects' effects are relatively 
low-scale and isolated. But under the right conditions--such as during 
drought conditions or when there are dense stands of even aged trees--
the insects can cause large-scale tree mortality, turning whole 
mountainsides and valleys rust red.

  That is what has been happening in many mountainous areas in 
Colorado. And more and more our mountain communities find themselves in 
uncomfortable proximity to acres of dead trees, turned rust red by the 
insects and adding to their concerns about the danger of catastrophic 
wildfires.
  Last year, I worked to develop a response, starting with a meeting in 
Winter Park that was attended by local elected officials, homeowners, 
timber industry representatives, Forest Service officials, ski area 
employees, and other Coloradans. They offered observations on the 
extent of this problem and proffered suggestions on ways to better 
respond to it. Based on information gathered at that meeting, 
consultations with experts, and other conversations, draft legislation 
was developed that Representative Salazar and I circulated widely so we 
could obtain further comments and suggestions. And in March 2006, we 
introduced the Rocky Mountain Forest Insects Response Enhancement and 
Support Act, also called the Rocky Mountain FIRES Act.
  After that, other Members of Colorado's delegation in Congress, in 
both chambers, also proposed legislation. Senator Salazar introduced a 
measure similar to the Rocky Mountain FIRES Act, and other legislation 
was proposed by other delegation members.
  Then, recognizing that this is an issue affecting the entire State 
and best addressed by a unified approach, we all agreed to work 
together to attempt to develop a single bill that all of us could 
support.
  After very lengthy discussions, that consensus has now been achieved 
and the result is the bill being introduced today.
  Its goal is not to eradicate insects in our forests--nor should it 
be, because insects are a natural part of forest ecosystems. Instead, 
it is intended, first, to facilitate more rapid responses to the insect 
epidemic where that is needed to reduce the wildfire threats to our 
communities; and second, to promote research on ways to improve the 
health of our forest lands.
  The bill includes a variety of provisions intended to further 
facilitate both the development and implementation of community 
wildfire protection plans and to enable the Forest Service and Interior 
Department, in cooperation with State and local authorities and other 
partners, to do more to reduce the threat of very severe wildfires. It 
also includes provisions to support research aimed at improving the 
long-term health of our forests as well as provisions to make it easier 
for Coloradans--including both small businesses and individual property 
owners--to assist the Federal, State, and local agencies in working 
toward the reduction of fire risks and improvement of forest health.
  Madam Speaker, I want to express my personal appreciation for the 
cooperative and collaborative approach of my Colorado colleagues--in 
the Senate as well as here in the House of Representatives--as we have 
worked together to develop this legislation.
  The result is not perfect. Not every provision is equally desirable 
to each of us, and the bill does not include all that it might if 
anyone of us had been the sole author. For example, I strongly 
supported requiring that in Colorado the federal agencies must continue 
to give at least the same priority to funding fuel-reduction projects 
in the wildland-urban interface as they are doing now. However, that 
was not acceptable to all, so I reluctantly agreed to its omission in 
order to reach a delegation consensus.
  But this is a good, strong bill that I think deserves enactment, and 
I will do all I can to achieve that result.
  Madam Speaker, for the information of our colleagues, here is a more 
detailed description of the bill:

                          Detailed Description


       title i--amendments to the healthy forests restoration act

       The Healthy Forests Restoration Act, enacted in 2003, 
     includes provisions to expedite fuel-reduction--that is, 
     removal of vegetation (including trees) that provide fuel for 
     severe wildfires--from Federal lands, Title I of the new 
     Colorado bill includes these changes to that law:
       Sec 101. Community Wildfire Protection Plan Assistance--
     This section, based on a provision of the Udall-Salazar 
     ``Rocky Mountain FIRES'' bill of 2006, would authorize grants 
     to at-risk communities in Colorado for preparing, revising, 
     or implementing community wildfire protection plans. Grant 
     funding is provided through part of the Federal share of the 
     receipts from leases of federal minerals. Funding under this 
     section is set at $5,000,000 per year for fiscal year 2008 
     through fiscal year 2012.
       Section 102. Central Collection Points--This section, based 
     on a provision of the Udall-Salazar Rocky Mountain FIRES bill 
     of 2006, would amend the establishment of collection points 
     for vegetative material from hazardous fuels treatment 
     projects. Material placed at one of these points can be sold, 
     donated, or otherwise made available to anyone who will 
     remove it. If any of the material is sold, the money will go 
     to help pay for thinning work to reduce fire risks.
       Section 103. Biomass Commercial Utilization Grant Program--
     This section, based on a provision of the Udall-Salazar Rocky 
     Mountain FIRES bill of 2006, would reauthorize and broaden a 
     program of grants for owners and operators of facilities that 
     use biomass for energy production, or other commercial 
     purposes. The authorization level is $5,000,000 per year for 
     fiscal years 2008 through 2012.
       Section 104. Healthy Forest Partnerships--This section is 
     based on a recent Administration legislative proposal. It 
     would authorize

[[Page E1545]]

     the Forest Service or the Department of the Interior to 
     designate Healthy Partnership Zones in Colorado at the 
     request of the State or local governments. These zones would 
     include both Federal land and adjacent non-federal land at 
     risk of uncharacteristically severe damage from wildfire or 
     an outbreak of insects or diseases that requires multiple 
     activities to reduce the threat. Designation of a partnership 
     would be done with public participation and would last for no 
     more than 5 years.
       Within Partnership Zones the relevant Federal agency could 
     partner with the State, a local government, or an Indian 
     Tribe to prepare and implement eligible projects. Projects 
     covered include hazardous fuel reduction projects; treatment 
     of insect-infested trees; and the restoration of forest 
     lands, rangelands, or watersheds.
       Contracts under this section could be implemented under 
     streamlined procedures. Priority would be given to projects 
     that have been developed with collaborative community input 
     and that are consistent with community wildfire protection 
     plan. A Federal agency could not act on private land without 
     the owner's consent.


               title ii--colorado forest health measures

       Section 201. Research and other Activities--This section is 
     based on provisions of Senator Allard's and Rep. Musgrave's 
     ``Headwaters Protection and Restoration Act'' of 2006. It 
     provides for grants to support research regarding--(1) 
     marketing of forest products; (2) treatments for high 
     elevation forests, and (3) steps to increase utilization of 
     science and consideration of community needs in development 
     of treatment strategies. The section also provides incentives 
     for building infrastructure capacity such as; length of 
     stewardship contracts, identifying markets for non-
     traditional forest products, grants and low-cost loans for 
     small business that utilize wood from forests in Colorado. 
     Directs the Secretary to examine the possible utilization of 
     biomass as a renewable fuel source and how this could affect 
     the Clean Air Act.
       Section 202. Colorado Forest Health Fund--This section is 
     also based on the Allard-Musgrave 2006 ``Headwaters 
     Protection and Restoration Act.'' It would establish a 
     Colorado Forest Health Fund to which would be credited part 
     of federal receipts from federal timber sales in Colorado--$2 
     million or half of all such receipts, whichever is greater--
     as well as any funds specifically appropriated for the fund. 
     The funds would be deposited in an interest bearing account 
     and up to $2 million per year would be available to pay for 
     measures to improve forest health and to reduce hazardous 
     fuels in Colorado. The section authorizes appropriation of up 
     to $2,000,000 per year.
       Section 203. Grants for Colorado Fuels for Schools 
     Program--This is also based on the Allard-Musgrave bill. It 
     would authorize grants to the State of Colorado for 
     feasibility studies regarding the use of biomass boilers to 
     heat schools and other public buildings in Colorado and to 
     assist with the installation and operation of these boilers. 
     This section authorizes appropriations of up to $5 million 
     per year for fiscal years 2008 through 2012.
       Section 204. Stewardship Contracts in Colorado--This is a 
     new section. It would authorize longer-term Stewardship 
     Contracts--up to 20 years in duration--for fuel-reduction 
     projects in Colorado. It also includes technical provisions 
     requested by the Forest Service regarding the implementation 
     of requirements related to potential cancellation liability.
       Section 205. Good Neighbor Agreements in Colorado--This is 
     also based on the Allard-Musgrave bill. It would make 
     permanent existing authority for ``good neighbor'' agreements 
     between Federal agencies and private land owners in Colorado 
     and Utah.
       Section 206. Preparation of Fire-Danger Maps--This is a new 
     section. It would direct the Forest Service to work with the 
     State Forest Service to map fire threatened areas in Colorado 
     using geospatial technologies.
       Section 207. Truck Weights--This is a new section. It would 
     allow the State of Colorado to permit vehicles with a gross 
     weight in excess of 80,000 pounds (but not more than the 
     state's overall maximum gross weight limit) to haul dead or 
     diseased timber and other forest materials removed from 
     Colorado forests in order to reduce fire hazards.


                       Title III--Tax Provisions

       Section 301. Extension of Tax Credit for Electricity 
     Produced From Biomass--This section is based on legislation 
     introduced by Rep. Beauprez and is also similar but not 
     identical to a provision of the 2006 Udall-Salazar ``Rocky 
     Mountain FIRES Act.'' It would extend an existing biomass 
     electricity production tax credit (now scheduled to expire on 
     January 1, 2009) until January 1, 2030.
       Section 302. Partial Exclusion from Gross Income Payments 
     Received for Certain Hazardous Fuel Reduction Projects--This 
     section is similar to a provision of the 2006 Udall-Salazar 
     ``Rocky Mountain FIRES Act.'' It would allow a taxpayer to 
     exclude from taxable income money received from the Federal 
     Government as compensation for hazardous fuel reduction work. 
     The exclusion would be for up to $10,000 for a single return, 
     $20,000 for a joint return.
       Section 303. Deduction of Certain Expenditures in 
     Connection with Implementation of Community Wildfire 
     Protection Plans--This is a new section. It would allow 
     individuals to deduct funds they expend for hazardous fuel 
     reductions that are done as part of a wildfire protection 
     plan from their income taxes. It allows for the exclusion of 
     up to $10,000 for a single return or $20,000 for a joint 
     return.

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