[Senate Report 111-313]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 599
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-313

======================================================================



 
                   NATIONAL FOREST INSECT AND DISEASE
                             EMERGENCY ACT

                                _______
                                

               September 27, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2798]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (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, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest Insect and Disease 
Emergency Act of 2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
          (1) to ensure that adequate emphasis is placed on the 
        mitigation of hazards posed by landscape-scale epidemics of 
        bark beetles and other insects and diseases through the 
        identification of areas affected by the epidemics, including 
        areas in which resulting hazard trees pose a high risk to 
        public health and safety;
          (2) to help focus resources within areas characterized by 
        landscape-scale insect or disease epidemics to mitigate hazards 
        associated with--
                  (A) falling trees; and
                  (B) wildfire; and
          (3) to authorize good neighbor agreements between State and 
        Federal agencies to provide more effective and efficient forest 
        management across certain Federal land boundaries.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Affected state.--The term ``affected State'' includes 
        each of the States of--
                  (A) Alaska;
                  (B) Arizona;
                  (C) California;
                  (D) Colorado;
                  (E) Idaho;
                  (F) Montana;
                  (G) Nevada;
                  (H) New Mexico;
                  (I) Oregon;
                  (J) South Dakota;
                  (K) Utah;
                  (L) Washington; and
                  (M) Wyoming.
          (2) High-risk area.--The term ``high-risk area'' means a 
        road, trail, or other area that poses a high risk to public 
        health or safety due to hazard trees resulting from landscape-
        scale tree mortality caused by an insect or disease epidemic.
          (3) Insect or disease epidemic area.--The term ``insect or 
        disease epidemic area'' means an area of National Forest System 
        land in which landscape-scale tree mortality caused by an 
        insect or disease epidemic exists.
          (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 AREAS.

    (a) Identification of High-Risk Areas.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall identify by map or 
        other appropriate means high-risk areas within the National 
        Forest System in the affected States.
          (2) Public education.--In conjunction with the information 
        developed pursuant to this subsection, the Secretary shall 
        develop educational materials that describe the risk posed by 
        hazard trees in high-risk areas and measures that can be taken 
        by the public to avoid or reduce that risk.
          (3) Consultation.--In developing the information and 
        educational materials required by this subsection, the 
        Secretary shall consult with interested State, local, and 
        tribal governments, first responders, and other stakeholders.
          (4) Updates.--The Secretary shall periodically review and 
        revise the information and educational materials required by 
        this subsection to reflect the best available information.
          (5) Public availability.--The information and associated 
        educational materials required by this subsection shall be on 
        file and available for public inspection, including in the 
        appropriate offices of the Forest Service.
    (b) Identification of Insect and Disease Epidemic Areas.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall identify by map or 
        other appropriate means insect or disease epidemic areas within 
        the National Forest System in the affected States.
          (2) Required information.--The information required by 
        paragraph (1) shall include--
                  (A) a geographic estimate of the annual mortality 
                caused by the insect or disease epidemic; and
                  (B) a projection, based on the best available 
                science, of future tree mortality resulting from the 
                insect or disease epidemic.
          (3) Updates.--The Secretary shall periodically review and 
        revise the information required by paragraph (1) to reflect the 
        best available information.
          (4) Availability.--The information required by this 
        subsection shall be made available to--
                  (A) communities in or adjacent to an insect or 
                disease epidemic area that have developed a community 
                wildfire protection plan (as defined in section 101 of 
                the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6511));
                  (B) fire departments and other wildfire-fighting 
                organizations responding to, or likely to respond to, a 
                wildfire in an insect or disease epidemic area; and
                  (C) the public through the appropriate offices of the 
                Forest Service.
    (c) Contracts and Financial Assistance.--To help collect, develop, 
monitor, and distribute the information and materials required by this 
section, the Secretary may enter into contracts or provide financial 
assistance through cooperative agreements in accordance with section 8 
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) 
with--
          (1) the State Forester or equivalent State official of an 
        affected State;
          (2) educational institutions; or
          (3) other organizations.

SEC. 5. SUPPORT FOR RESTORATION AND RESPONSE.

    (a) Support for Biomass Utilization.--To help reduce the risk to 
public health and safety from hazard trees and wildfires and to restore 
ecosystems affected by insect and disease epidemics, the Secretary may 
assist State and local governments, Indian tribes, private landowners, 
and other persons in affected States with the collection, harvest, 
storage, and transportation of eligible material from areas identified 
pursuant to section 4(b) in accordance with section 9011(d) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)).
    (b) Restoration Assistance for Private Landowners.--The Secretary 
may make payments to an owner of nonindustrial private forest land in 
an affected State to carry out emergency measures to restore the land 
after an insect or disease infestation in accordance with the emergency 
forest restoration program established under section 407 of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2206).
    (c) National Forest Hazardous Fuel Reduction.--The Secretary shall 
carry out authorized hazardous fuel reduction projects in affected 
States on National Forest System land on which an epidemic of disease 
or insects poses a significant threat to an ecosystem component, or 
forest or rangeland resource, in accordance with the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6501 et seq.).

SEC. 6. GOOD NEIGHBOR AUTHORITY.

    (a) Definitions.--In this section:
          (1) Authorized restoration services.-- The term ``authorized 
        restoration services'' means similar and complementary forest, 
        rangeland, and watershed restoration services carried out on 
        adjacent Federal land and non-Federal land by either the 
        Secretary or a Governor pursuant to--
                  (A) a good neighbor agreement; and
                  (B) a cooperative agreement or contract entered into 
                under subsection (c).
          (2) Federal land.--
                  (A) In general.--The term ``Federal land'' means the 
                following land in a State located in whole or in part 
                west of the 100th meridian:
                          (i) National Forest System land.
                          (ii) Public lands (as defined in section 103 
                        of the Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1702)).
                  (B) Exclusions.--The term ``Federal land'' does not 
                include--
                          (i) a component of the National Wilderness 
                        Preservation System, National Wild and Scenic 
                        Rivers System, National Trails System, or 
                        National Landscape Conservation System;
                          (ii) a National Monument, National Preserve, 
                        National Scenic Area, or National Recreation 
                        Area; or
                          (iii) a wilderness study area.
          (3) Forest, rangeland, and watershed restoration services.--
        The term ``forest, rangeland, and watershed restoration 
        services'' means--
                  (A) activities to treat insect- and disease-infected 
                trees;
                  (B) activities to reduce hazardous fuels;
                  (C) activities to maintain roads and trails that 
                cross a boundary between Federal land and non-Federal 
                land; and
                  (D) any other activities to restore or improve 
                forest, rangeland, or watershed health, including fish 
                and wildlife habitat.
          (4) Good neighbor agreement.--The term ``good neighbor 
        agreement'' means--
                  (A) a nonfunding master cooperative agreement entered 
                into between the Secretary and a Governor under chapter 
                63 of title 31, United States Code; or
                  (B) a memorandum of agreement or understanding 
                entered into between the Secretary and a Governor.
          (5) Governor.--The term ``Governor'' means the Governor or 
        any other appropriate executive official of an affected State.
          (6) Secretary--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                  (B) the Secretary of the Interior, with respect to 
                Bureau of Land Management land.
    (b) Good Neighbor Agreements.--
          (1) In general.--The Secretary may enter into a good neighbor 
        agreement with a Governor to coordinate the procurement and 
        implementation of authorized restoration services in accordance 
        with this section.
          (2) Public notice and comment.--The Secretary shall make each 
        good neighbor agreement available to the public.
    (c) Task Orders, Contracts, and Cooperative Agreements.--
          (1) In general.--The Secretary may issue a task order for, or 
        enter into a contract (including a sole source contract) or 
        cooperative agreement with, a Governor to carry out authorized 
        restoration services.
          (2) Requirements.--Each task order, contract, or cooperative 
        agreement entered into under paragraph (1) shall be executed in 
        accordance with--
                  (A) chapter 63 of title 31, United States Code; and
                  (B) the applicable good neighbor agreement.
    (d) Contract and Subcontract Requirements.--
          (1) Requirements for services on federal land.--
                  (A) In general.--For authorized restoration services 
                carried out on Federal land under subsection (c), each 
                contract and subcontract issued under the authority of 
                a Governor shall include the provisions described in 
                subparagraph (B) that would have been included in the 
                contract had the Secretary been a party to the 
                contract.
                  (B) Applicable provisions.--The provisions referred 
                to in subparagraph (A) are provisions for--
                          (i) wages and benefits for workers employed 
                        by contractors and subcontractors required by--
                                  (I) subchapter IV of chapter 31 of 
                                part A of subtitle II of title 40, 
                                United States Code; and
                                  (II) chapter 6 of title 41, United 
                                States Code;
                          (ii) nondiscrimination; and
                          (iii) worker safety and protection.
          (2) Requirements for small businesses.--Each contract and 
        subcontract for authorized restoration services under 
        subsection (c) shall comply with provisions for small business 
        assistance and protection that would have been applicable to 
        the contract had the Secretary been a party to the contract.
          (3) Liability.--The Secretary shall include provisions in 
        each good neighbor agreement, contract, or cooperative 
        agreement, as appropriate, governing the potential liability of 
        the State and the Secretary for actions carried out under this 
        Act.
    (e) Termination of Effectiveness.--
          (1) In general.--The authority of the Secretary to enter into 
        cooperative agreements and contracts under this section 
        terminates on September 30, 2019.
          (2) Contract date.--The termination date of a cooperative 
        agreement or contract entered into under this section shall not 
        extend beyond September 30, 2020.
          (3) Consolidated authority.--
                  (A) Federal and state cooperative watershed 
                restoration and protection in colorado.--Section 331 of 
                the Department of the Interior and Related Agencies 
                Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 
                996) is repealed.
                  (B) Federal and state cooperative forest, rangeland, 
                and watershed restoration in utah.--Section 337 of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
                3102) is repealed.
          (4) Existing contracts.--Nothing in the amendments made by 
        this section affects contracts in effect on the day before the 
        date of enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.

                                Purpose

    The purpose of S. 2798 is to help mitigate the hazards 
posed by landscape-scale epidemics of bark beetles and other 
insects and diseases in the West, and to authorize certain 
cooperative agreements and contracts with State agencies to 
facilitate hazardous fuel reduction and forest restoration 
projects on adjacent Federal and non-Federal land.

                          Background and Need

    Bark beetles are a large and diverse group of insects that 
typically feed on the tissue of woody plants and often directly 
kill the host tree. They are important disturbance agents in 
western coniferous forests, influencing forest ecosystem 
structure and function by regulating certain aspects of primary 
production, nutrient cycling, ecological succession, and the 
size, distribution, and abundance of trees. These mortality 
events are part of the ecology of western forests and 
positively influence many ecological processes, but the 
economic and social implications also can be significant. For 
example, bark beetle infestations influence timber and fiber 
production, water quality and quantity, fish and wildlife 
populations, recreation, grazing capacity, biodiversity, 
endangered species, real estate values, and cultural resources 
in a variety of ways.
    Bark beetle epidemics have been recorded in the West 
intermittently in recent centuries, but some of the current 
activity exceeds recorded levels and has been observed in some 
ecosystems where such activity never or seldom has been 
recorded. In 2008, nearly 9.0 million acres of tree mortality 
caused by insects and disease were reported in the United 
States. Nearly 8.0 million of those acres were caused by 
various species of western bark beetles, 69 percent (6.2 
million acres) of which were caused by the mountain pine beetle 
primarily in Montana, Colorado, Wyoming, Idaho, Oregon, Utah, 
Washington, California, South Dakota, Nevada, and Arizona. 
Meanwhile, a bark beetle epidemic that killed millions of acres 
of pinon-juniper woodlands and ponderosa pine forests in 
Arizona and New Mexico earlier this decade has subsided, as has 
a spruce beetle outbreak that affected millions of acres in 
Alaska.
    There appears to be significant scientific uncertainty 
regarding what resource management responses to bark beetle 
infestations may be appropriate. Moreover, some responses may 
be appropriate in some circumstances or ecosystems, but not 
others. For example, anecdotal information indicates that while 
thinning overstocked stands in some forest types may increase 
resistance to some bark beetles, the process of cutting, 
chipping, or prescribed burning also can increase bark beetle 
activity. The affect of bark beetle infestations on fire 
behavior also remains subject to uncertainty and scientific 
debate. For example, there have been instances of increased 
fire activity at unusually high elevations following large 
insect outbreaks. In other cases, wildfires have burned at 
lower severity in areas with high mortality caused by bark 
beetles than in adjacent areas that were unaffected by bark 
beetles.
    In any case, the Forest Service has been active both in 
conducting research and in developing management responses to 
insect and disease epidemics. For example, the Rocky Mountain 
Region of the Forest Service has developed a ``Bark Beetle 
Incident Implementation Plan'' that provides ``a strategy which 
will be used to develop collaborative opportunities tocombat 
the bark beetle effects across the different land ownerships affected 
by the mountain pine beetle epidemic.'' The Plan identifies a clear 
need to remove the dead and dying trees along roads and trails, and 
within developed recreational sites, work centers, and other areas 
frequented by the public. These trees can pose a high risk to public 
health and safety when they fall due to rot. The Forest Service 
allocated an additional $40 million to the Region in December of 2009 
to address such public safety concerns and forest health needs, and the 
needs are expected to increase significantly in the coming years as 
large numbers of trees fall.
    S. 2798 would help to mitigate the hazards posed by insect 
and disease epidemics by directing the Secretary of Agriculture 
to map ``high-risk areas'' in the West where hazard trees 
killed by landscape-scale bark beetle infestations pose a high 
risk to public health and safety, and to provide that 
information and related educational materials to the public. It 
also would direct the Secretary to map landscape-scale tree 
mortality and to provide that information to communities and 
other stakeholders, and provide a number of authorities to 
support the response to the epidemic, including ``good 
neighbor'' authority for the Forest Service and Bureau of Land 
Management (``BLM'') to conduct insect and disease treatments, 
hazardous fuel reduction, and other projects across Federal 
land boundaries using a single crew of Federal or State 
employees or a private contractor.

                          Legislative History

    S. 2798 was introduced by Senator Mark Udall on November 
18, 2009. The Subcommittee on Public Lands and Forests held a 
hearing on the bill on April 21, 2010. At its business meeting 
on August 5, 2010, the Committee on Energy and Natural 
Resources ordered S. 2798 favorably reported with an amendment 
in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on August 5 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2798, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 2798, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
includes additional direction to the Secretary of Agriculture 
to map ``high-risk areas'' in the West where hazard trees 
killed by landscape-scale bark beetle infestations pose a high 
risk to public health and safety, and to provide that 
information and related educational materials to the public. 
The amendment is explained in detail in the section-by-section 
analysis below.

                      Section-by-Section Analysis

    Section 1 provides the short title for the bill.
    Section 2 provides the purposes of the bill.
    Section 3 provides the definitions for the bill.
    Section 4(a) directs the Secretary of Agriculture to 
identify for the public those roads, trails, and other areas of 
the National Forest System in the West where landscape-scale 
tree mortality has resulted in a high risk to public health or 
safety due to falling trees. It also directs the Secretary to 
develop educational materials to inform the public of the risk 
and measures that can be taken to reduce the risk from such 
trees, and to update that information in response to changing 
conditions in the forest.
    Subsection (b) directs the Secretary to continue mapping 
those areas of the National Forest System where there is 
landscape-scale tree mortality caused by insect or disease 
epidemics, including the annual progression of the mortality 
and a projection of the progression of the infestation into the 
near future. It also directs the Secretary to periodically 
update the information to reflect the best available 
information, and to provide the information to stakeholders.
    Section 5 authorizes the Secretary to implement programs to 
provide support for biomass utilization, restoration assistance 
for private landowners, and hazardous fuel reduction projects 
on National Forest System land in response to an insect or 
disease epidemic.
    Section 6 authorizes the Secretary and the Secretary of the 
Interior to enter into ``good neighbor agreements'' with State 
agencies.
    Subsection (a) provides the definitions for section 6.
    Subsection (b) authorizes the Forest Service and BLM to 
enter into a master cooperative agreement or memorandum of 
agreement with a State Forester or other appropriate State 
official to coordinate the procurement and implementation of 
similar and complementary treatments on adjacent Federal and 
non-Federal land for insect- and disease-infected trees, 
hazardous fuels, and other restoration. This ``good neighbor 
agreement'' would provide over-arching guidance to improve 
communication and cooperation between the Federal and State 
agencies to conduct unified cross-boundary projects.
    Subsection (c) authorizes task orders, contracts, and 
cooperative agreements, as appropriate under existing law, to 
be used to implement a particular project consistent with the 
good neighbor agreement.
    Subsection (d) provides for certain Federal contract 
requirements to apply in the case where a contract or 
subcontract is issued under State law to implement a project on 
Federal land, including wage and benefit requirements of the 
Davis-Bacon and Service Contract Acts and processes supporting 
small businesses. Also included are standard clauses included 
in Federal agency contracts regarding nondiscrimination and 
worker safety and protection. Finally, this subsection directs 
the Secretary to include appropriate provisions governing the 
potential liabilities of the Secretary and the State that may 
arise during the project contracting or implementation process.
    Subsection (e) terminates the authority of the Secretaries 
to enter into cooperative agreements and contracts under this 
section on September 30, 2019; requires the agreements and 
contracts to not extend beyond that day the following year; 
repeals the existing ``pilot'' authorities for good neighbor 
projects; and clarifies that the repeals do not affect existing 
contracts.
    Section 7 authorizes to be appropriated such sums as may be 
necessary to carry out the bill.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2798--National Forest Insect and Disease Emergency Act of 2010

    S. 2798 would authorize the Forest Service to carry out 
certain activities to mitigate fire hazards caused by insect 
and disease infestations in national forests. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget. Enacting the legislation would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    Under the bill, the Forest Service could enter into 
contracts with state governments to perform certain restoration 
activities in national forests. Any amounts paid to states to 
carry out those activities would be offset by reduced spending 
for similar activities performed by the agency. In addition, 
based on information from the Forest Service, CBO estimates 
that other authorities provided under the bill would not affect 
the federal budget because those authorities exist under 
current law.
    S. 2798 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2798.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2798, as ordered reported.

                   Congressionally Directed Spending

    S. 2798, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The views of the Administration were included in testimony 
received by the Committee at the April 21, 2010, subcommittee 
hearing on S. 2798, which is printed below:

  Statement of Harris Sherman, Under Secretary, Natural Resources and 
                              Environment

    Mr. Chairman, Members of the Committee, thank you for the 
opportunity to share the Administration's views on S. 2798, the 
National Forests Insect and Disease Emergency Act of 2009.
    I would like to express my appreciation to Senators Udall 
and Risch for their leadership in addressing insect and disease 
issues on millions of acres affecting thousands of communities 
across the western United States. This legislation: authorizes 
the Secretary of Agriculture to designate emergency areas in 
order to mitigate hazards posed by large scale infestations of 
beetles and insects; directs that increased resources are 
available within each emergency area to mitigate hazards; and 
makes existing good neighbor and stewardship contracting 
authorities permanent. The legislation directs the Secretary to 
give priority consideration to the removal of hazardous fuels 
and hazard trees, the restoration of forest health, and the 
delivery of assistance to state and local governments, Indian 
tribes, and private landowners in the designated emergency 
areas. The legislation provides for the application of the 
Healthy Forest Restoration Act environmental documentation 
process and a pre-decisional administrative review process to 
provide for a more rapid response to address these issues. We 
believe the pathway forward to restore these areas is to work 
in close coordination with states and private landowners.


                           CURRENT CHALLENGES


    Outbreaks of bark beetles, which are occurring in numerous 
forest ecosystems across western North America, are the largest 
in recorded history.\1\ Although western forests have 
experienced regular infestations throughout their history, the 
current outbreaks are notable for their intensity, extensive 
range, and simultaneous occurrence in multiple ecosystems. 
During the last 10 years there have been 17 million acres 
affected by bark beetles in the interior west (CO, MT, ID, WY, 
UT, SD).\2\
---------------------------------------------------------------------------
    \1\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North 
America: Causes and Consequences, Bark Beetle Symposium, Snowbird, 
Utah.
    \2\USDA, Forest Service--Forest Health Protection Aerial Survey 
Data. 2009.
---------------------------------------------------------------------------
    The primary difference between previous beetle outbreaks 
and the current epidemic is that more people now live, work and 
recreate throughout the lodgepole pine ecosystem. Removing dead 
trees and other fuels can effectively reduce the risk of fire 
damage at a local scale, e.g., in the immediate vicinity of a 
home or community, although the effectiveness of removing dead 
trees to reduce fire risk at the forest landscape scale is less 
clear.\3\ Communities surrounded by dead trees are at increased 
risk of wildfire and damage from falling trees. In addition, 
the forest products industry that is vital to the efficient 
removal of hazardous fuels and hazard trees has been hard hit 
by the down turn in the market. These important differences 
along with the scale of infestations require new and innovative 
approaches that reduce safety threats to people and property 
while ensuring that the restored forests are diverse and 
resilient to change across the landscape.
---------------------------------------------------------------------------
    \3\See Dominik Kulakowski, Thomas T. Veblen (2007) EFFECT OF PRIOR 
DISTURBANCES ON THE EXTENT AND SEVERITY OF WILDFIRE IN COLORADO 
SUBALPINE FORESTS. Ecology: Vol. 88, No. 3.
---------------------------------------------------------------------------


                             PUBLIC HAZARDS


    Dead trees pose several significant hazards to public 
safety including increased risk of catastrophic fire, threats 
to water supplies as a result of catastrophic fire, and hazard 
trees along utility corridors, roads, trails, and other 
infrastructure.
Wildfire Implications
    The relationship between bark beetle outbreaks and 
subsequent fire at the larger landscape scale is not yet fully 
understood.\4\ Outbreaks in recent years have provided 
scientists with excellent opportunities to conduct studies and 
gather new information about the role of bark beetles in 
western forests, but more research remains to be done.
---------------------------------------------------------------------------
    \4\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North 
America: Causes and Consequences, Bark Beetle Symposium, Snowbird, 
Utah.
---------------------------------------------------------------------------
    At the stand level, both crown and surface fire hazards\5\ 
change over time after a bark beetle outbreak.\6\ The fire 
hazard in the crown is high in the period one to two years 
after pine trees die because the dead needles are retained in 
the tree's crown, stocking the canopy with dry, fine fuels that 
can ignite quickly during weather conditions conducive to 
fire.\7\ Importantly, in the grey phase, characterized by dead 
standing trees with no needles, the risk of ignition and the 
risk of crown fires actually go down, and that lasts for 10 to 
20 years after the tree is attacked.\8\ As the trees lose their 
needles, the fire risk in the crowns decreases because there is 
less fuel. The fire hazard at the surface increases as dead 
trees begin to fall and create a heavy fuel bed with young 
trees growing up through the tangle of down logs.\9\ In dry, 
hot, windy weather conditions, fires burning in heavy surface 
fuels can move fast, burn extremely hot, and be very resistant 
to control.\10\ An additional significant concern is the safety 
of our firefighters. Large areas of fallen trees limit escape 
routes for crews, severely limiting our ability to deploy 
firefighters in these areas.\11\
---------------------------------------------------------------------------
    \5\The term Fire hazard as used here refers specifically to the 
state of fuels in a given stand--independent of variables such as 
temperature, wind, and precipitation that influence fuel moisture 
content and fire occurrence.
    \6\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North 
America: Causes and Consequences, Bark Beetle Symposium, Snowbird, 
Utah.
    \7\Page, W.; Jenkins, M. 2007. Mountain pine beetle-induced changes 
to selected lodgepole pine fuel complexes within the intermountain 
region. Forest Science 53(4):507-518.
    Page, W.; Jenkins, M. 2007. Predicted Fire Behavior in Selected 
Mountain Pine Beetle-Infested Lodgepole Pine. Forest Science 53(6):662-
674.
    Hawkes, B. 2008. Effects of the mountain pine beetle on fuels and 
fire behaviour. In Mountain Pine Beetle: From Lessons Learned to 
Community-based Solutions Conference Proceedings, June 10-11, 2008. BC 
Journal of Ecosystems and Management 9(3):77-83. http.www.forrex.org/
publications/jem/ISS49/vol9_no3_ MPBconference.pdf.
    Jenkins, M., Hebertson E., Page, W. and Jorgensen, C. 2008. Bark 
beetles, fuels, fires and implications for forest management in the 
Intermountain West. Forest Ecology and Management 254 (2008) 16-34.
    \8\See Dominik Kulakowski, Thomas T. Veblen (2007) EFFECT OF PRIOR 
DISTURBANCES ON THE EXTENT AND SEVERITY OF WILDFIRE IN COLORADO 
SUBALPINE FORESTS. Ecology: Vol. 88, No. 3, pp. 759-769.
    \9\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North 
America: Causes and Consequences, Bark Beetle Symposium, Snowbird, 
Utah.
    \10\Barrows, J. 1951. Fire Behavior in the Northern Rocky 
Mountains. Station Paper No. 29. USDA Forest Service, Northern Rocky 
Mountain Forest and Range Experiment Station, Missoula MT. 133 pages.
    \11\Alexander, M. and Stam, J. 2003. Safety Alert for Wildland 
Firefighters: Fuel Conditions in Spruce Beetle Killed Forest of Alaska. 
Fire Management Today 63 (2) 25.
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    A wildfire burning in the heavy fuels close to the soil can 
literally bake the soil, sterilizing it and sometimes leaving a 
water-repellent surface that sheds rain, and leads to severe 
gully erosion, debris flows into reservoirs and streams, and 
flood damage. We experienced these effects after the Hayman 
Fire in central Colorado in 2002. After the Buffalo Creek Fire 
in 1996, Strontia Springs Reservoir filled with sediment that 
washed off burned areas after heavy rains, and the South Platte 
River was running brown with mud.
Hazard Trees
    In certain areas, dead trees are an immediate hazard 
because of the increased risk they may fall and damage property 
or hurt people. For example, in the beetle-infested area of 
northern Colorado and southern Wyoming, over 900 miles of 
trails and 3500 miles of roads are lined with dead trees that 
are at high risk of falling. There are hazard trees on more 
than 21,000 acres of developed recreation sites--such as 
campgrounds and picnic areas. Power lines and communication 
sites are also threatened by hazard trees. There are more than 
six thousand acres of right-of-way corridors for authorized 
transmission and distribution lines in the area affected by 
bark beetle infestation in northern Colorado and southern 
Wyoming.\12\ Forest Service resource specialists have estimated 
this represents over 1000 miles of transmission lines. When 
dead trees within and bordering on transmission corridors fall 
on lines they can start wildfires and disrupt power supplies to 
cities and towns.
---------------------------------------------------------------------------
    \12\Figure derived from data in the Forest Service Special-Use 
Database System, Region 2.
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                            CURRENT EFFORTS


    No effective treatment for suppression of large-scale pine 
beetle outbreaks currently exists, but the agencies within the 
Department are approaching this problem in a variety of ways 
based upon their individual missions, policies, laws, and 
management mandates under which they operate. On National 
Forests that have been affected by bark beetle, we are actively 
engaged in numerous on-the-ground efforts to address the insect 
and disease outbreak that this legislation targets. In the 
areas hardest hit by bark beetles, we modified our 2010 budget 
allocations to focus resources to mitigate the outbreak.
    When Secretary Vilsack articulated his vision for America's 
forests, he underscored the overriding importance of forest 
restoration by calling for a commitment to restoration across 
landscapes--an all-lands approach to forest restoration--by 
working closely with other landowners to encourage 
collaborative solutions. Restoring our forests includes 
mitigating the effects of severe infestations of insects and 
disease by removing dead trees where appropriate and working 
across boundaries by cooperating with the states, other 
governments, and private landowners. Much of the woody material 
to be removed can be used as a sustainable energy source for 
our country and other uses such as pellets for wood stoves, 
house logs, furniture, and decorative items.
    As Forest Service Chief, Tom Tidwell, recently stated in 
testimony on the President's budget, the agency will integrate 
traditional timber activities predominately within the context 
of larger restoration objectives, focusing on priority 
watersheds in most need of stewardship and restoration work, 
pursuing forest products when they support watershed, wildlife, 
and restoration goals. We will also greatly expand the use of 
stewardship contracting authority to meet restoration 
objectives and build in longer-term contracting certainty for 
communities and the private sector to invest in the kind of 
forest restoration infrastructure we will need to achieve these 
objectives. In this regard and to the extent that S. 2798 is 
implemented using a science-based and collaborative approach, 
engaging multiple and diverse stakeholders, this bill will be 
more consistent with the aspirations and goals of the 
Administration concerning ecological forest restoration and 
rural job development.
    The Forest Service recognizes the impact a depressed market 
is having on the forest products industry in much of the West. 
The forest products industry is a primary partner in 
accomplishing work integral to sustaining and restoring the 
health, diversity, and productivity of the National Forest 
System, and can help us in our work to mitigate the risks of 
insects and disease. To accomplish the work of effectively and 
efficiently restoring National Forest System lands to a healthy 
condition, we need skilled forestry operators, vibrant rural 
communities, and a healthy forest products industry.
    Our experience indicates that an expanded use of the 
objections process under the Healthy Forest Restoration Act 
tends to increase direct dialogue between the agency and 
stakeholders and often results in resolution of concerns before 
a decision is made, and thus a better, more informed decision 
results.


                                CONCERNS


    I look forward to further dialogue with Senators Udall and 
Risch and the committee to consider the following suggestions, 
concerns and other minor technical input into sections of the 
legislation.
Biomass
    We appreciate the emphasis on biomass production and use to 
promote a sustainable and renewable energy source for our 
country that may lead to greater diversification of the wood 
products markets and the development of new businesses and 
jobs. However, we would like to work with the committee to 
understand and address the relationship between the bill and 
the Clean Air Act and existing programs and policies.
Stewardship Contracting
    We appreciate and value the recognition of the need for 
stewardship contracting authority as a tool to achieve forest 
restoration goals on the national forests. We have serious 
concerns with the methods used to address the challenges of 
awarding long-term stewardship contracts, and do not believe 
the provisions in Section 7(a)(1) and (3) is necessary or 
desirable. The administration has the flexibility to address 
relevant requirements and is convening a multi-agency working 
group to identify and assess options for issues related to 
stewardship contracting, and we look forward to apprising the 
Committee on progress.
National Environmental Policy Act Provisions
    We are concerned about the applicability provisions under 
Section 4 emergency designations. We are concerned that not 
subjecting emergency designations to applicable laws and 
regulations would give the impression that the bill circumvents 
important environmental protections and we would like to work 
with you to ensure environmental protections remain. We would 
also like to work with you to clarify the nature and effect of 
designating insect and disease emergency areas to better 
understand applicability to other laws and regulations. 
Similarly, the Administration has significant concerns about 
the overly broad waiver contained in Section 4(c)(6)(c).
    While the bill recognizes NEPA's applicability to treatment 
decisions, it does so by expanding the use of the-Healthy 
Forest Restoration Act (HFRA) provisions for NEPA analysis and 
documentation. The bill needs to provide for an effective NEPA 
process and include HFRA protections for old-growth forest 
stands, threatened and endangered species, and other resources. 
We would like to work with you to ensure that management 
actions will be consistent with land management plans and 
consistent with prohibitions and restrictions on removing 
vegetation from Federal land including roadless areas.
Good Neighbor Authority
    As the Departments of Interior and Agriculture testified 
before this subcommittee in October of 2009, we believe our 
Nation's forests and public lands face forest health challenges 
that must be addressed across diverse land ownerships. In these 
times of limited resources, it is important to leverage 
workforce and technical capacities and develop partnerships for 
forest restoration across all lands, while ensuring compliance 
with existing applicable laws and regulations. However, we 
believe further study and analysis is needed to better 
understand the interplay of needs, state and federal 
contracting and labor law, and regulation before expansion of 
the authority is authorized. For example, where federal or 
applicable state contracts are awarded, we would seek to use 
competition, consistent with current statutory requirements and 
the President's March 4, 2009 Memorandum on Government 
Contracting. We look forward to working with the committee, 
States, and federal agencies to make suggestions to improve the 
bill in a manner that meets the needs of key stakeholders.
    I want to again thank Senators Udall and Risch for their 
leadership and commitment to our national forests, their 
surrounding communities and the forest products infrastructure. 
I look forward to working with the Senators the committee, and 
all interested stakeholders on this bill and to help ensure 
sustainable communities and provide the best land stewardship 
for our national forests.
    This concludes my prepared statement and I would be pleased 
to answer any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2798, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2001


     (Public Law 106-291; 114 Stat. 996; Approved October 11, 2000)


  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 2001, and for 
other purposes.

           *       *       *       *       *       *       *


    [Sec. 331. Federal and State Cooperative Watershed 
Restoration and Protection in Colorado. (a) Use of Colorado 
State Forest Service.--The Secretary of Agriculture, via 
cooperative agreement or contract (including sole source 
contract) as appropriate, may permit the Colorado State Forest 
Service to perform watershed restoration and protection 
services on National Forest System lands in the State of 
Colorado when similar and complementary watershed restoration 
and protection services are being performed by the State Forest 
Service on adjacent State or private lands. The types of 
services that may be extended to National Forest System lands 
include treatment of insect infected trees, reduction of 
hazardous fuels, and other activities to restore or improve 
watersheds or fish and wildlife habitat across ownership 
boundaries.
    [(b) State as Agent.--Except as provided in subsection (c), 
a cooperative agreement or contract under subsection (a) may 
authorize the State Forester of Colorado to serve as the agent 
for the Forest Service in providing all services necessary to 
facilitate the performance of watershed restoration and 
protection services under subsection (a). The services to be 
performed by the Colorado State Forest Service may be conducted 
with subcontracts utilizing State contract procedures. 
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 cooperative agreement or contract 
under subsection (a).
    [(c) Retention of NEPA Responsibilities.--With respect to 
any watershed restoration and protection services on National 
Forest System lands proposed for performance by the Colorado 
State Forest Service 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 Forester of Colorado or any other officer or employee of 
the Colorado State Forest Service.
    [(d) Inclusion of Colorado BLM Lands.--The authority 
provided by this section shall also be available to the 
Secretary of the Interior with respect to public lands in the 
State of Colorado administered by the Secretary through the 
Bureau of Land Management.
    [(e) Expiration of Authority.--The authority of the 
Secretary of Agriculture and the Secretary of the Interior to 
enter into cooperative agreements and contracts under this 
section expires September 30, 2013, and the term of any 
cooperative agreement or contract entered into under this 
section shall not extend beyond that date.]

                 CONSOLIDATED APPROPRIATIONS ACT, 2005


    (Public Law 108-447; 118 Stat. 3102; Approved December 8, 2004)


AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 2005, and 
for other purposes.

           *       *       *       *       *       *       *


    [Sec. 337. Federal and State Cooperative Forest, Rangeland, 
and Watershed Restoration in Utah. (a) Authority.--Until 
September 30, 2010, the Secretary of Agriculture, via 
cooperative agreement or contract (including sole source 
contract) as appropriate, may permit the State Forester of the 
State of Utah to perform forest, rangeland, and watershed 
restoration services on National Forest System lands in the 
State of Utah. Restoration services provided are to be on a 
project to project basis as planned or made ready for 
implementation under existing authorities of the Forest 
Service. The types of restoration services that may be 
contracted under this authority include treatment of insect 
infected trees, reduction of hazardous fuels, and other 
activities to restore or improve forest, rangeland, and 
watershed health including fish and wildlife habitat.
    [(b) State as Agent.--Except as provided in subsection (c), 
a cooperative agreement or contract under subsection (a) may 
authorize the State Forester of the State of Utah to serve as 
agent for the Forest Service in providing services necessary to 
facilitate the performance and treatment of insect infested 
trees, reduction of hazardous fuels, and to restore or improve 
forest, rangeland, and watershed health including fish and 
wildlife habitat under subsection (a). The services to be 
performed by the State Forester of Utah may be conducted with 
subcontracts utilizing State of Utah contract procedures. 
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 cooperative agreement or contract 
under subsection (a).
    [(c) Retention of NEPA Responsibilities.--With respect to 
any treatment activity to restore and improve forest, 
rangeland, and watershed health including fish and wildlife 
habitat services on National Forest System lands programmed for 
treatment by the State Forester of the State of Utah under 
subsection (a), any decision required to be made under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4821 et 
seq.) may not be delegated to any officer or employee of the 
State of Utah.]

                                  
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