National Forest Insect and Disease Emergency Act of 2009 - Designates certain areas of National Forest System land in the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming as insect and disease emergency areas. Allows the designation of an area of System land as an additional insect and disease emergency area if the land: (1) is located in an affected state; and (2) is subject to an insect and disease infestation emergency. Excludes certain lands from inclusion in an insect and disease emergency area.
Sets forth requirements for the duration of insect and disease emergency areas designated under this Act.
Authorizes the Secretary of Agriculture (the Secretary), in implementing the emergency forest restoration program, to make payments to owners of nonindustrial private forest land to carry out emergency measures in response to an insect and disease infestation emergency under this Act.
Authorizes the: (1) Secretary to offer to enter into any contracts or other agreements with the state of Colorado to perform watershed restoration and protection services on System land in the state when similar and complementary restoration and protection services are being carried out on adjacent state or private land; and (2) Secretary of the Interior to carry out such activities on public land located in Colorado.
Extends permanently the authority under which the Forest Service may enter into such contracts with private persons and entities to perform services to achieve land management goals for the national forests that meet local and rural communities' needs. Bars the Forest Service from obligating funds to cover the costs of canceling Forest Service multiyear stewardship end result contracts until the date on which they are canceled.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4398 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4398
To address public safety risks in western States by facilitating insect
and disease infestation treatment of National Forest System land and
certain adjacent land, to make permanent the good-neighbor authority
for Colorado and stewardship contracting authorities available to the
Forest Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2009
Mr. Salazar (for himself, Ms. DeGette, Ms. Markey of Colorado, Mr.
Polis of Colorado, Mr. Perlmutter, Mr. Lamborn, Mr. Coffman of
Colorado, Mr. Minnick, Mr. Lujan, Mrs. Kirkpatrick of Arizona, and Ms.
Berkley) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To address public safety risks in western States by facilitating insect
and disease infestation treatment of National Forest System land and
certain adjacent land, to make permanent the good-neighbor authority
for Colorado and stewardship contracting authorities available to the
Forest Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Forest
Insect and Disease Emergency Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Designation of insect and disease emergency areas.
Sec. 5. Response to emergency designation.
Sec. 6. Good neighbor relationship with the State of Colorado.
Sec. 7. Stewardship contracting.
Sec. 8. Protection of private property rights.
SEC. 2. PURPOSES.
(a) Purposes.--The purposes of this Act are--
(1) to ensure that adequate emphasis is placed on the
mitigation of hazards posed by large-scale infestations of bark
beetles and other insects through the establishment of insect
and disease emergency areas;
(2) to ensure that increased resources are available within
each designated insect and disease emergency area--
(A) to mitigate hazards associated with falling
trees and increased fire hazards; and
(B) to restore National Forest System land within
the designated insect and disease emergency area; and
(3) to make permanent good-neighbor authority for the State
of Colorado and stewardship contracting authorities available
to the Secretary of Agriculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected state.--The term ``affected State'' means the
States of Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and
Wyoming.
(2) Insect and disease emergency area.--The term ``insect
and disease emergency area'' means an area of National Forest
System land (other than land excluded by section 4(d)) that--
(A) is identified as an insect and disease
emergency area on the map entitled ``Insect Emergency
Areas'' and dated [___]; or
(B) is designated as an insect and disease
emergency area by the Secretary in the manner provided
in section 4(b).
(3) Insect and disease infestation emergency.--The term
``insect and disease infestation emergency'' means an insect or
disease infestation that the Secretary determines has resulted
in--
(A) a current or future increased risk of
catastrophic wildland fire; or
(B) an increased threat posed by hazardous trees to
utility corridors, communication sites, or other
infrastructure.
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. DESIGNATION OF INSECT AND DISEASE EMERGENCY AREAS.
(a) Designation by Map.--
(1) Designation.--There is designated as an insect and
disease emergency area each area of National Forest System land
identified as such an area on the map entitled ``Insect
Emergency Areas'' and dated ___.
(2) Map; legal descriptions.--As soon as practicable after
the date of enactment of this Act, the Secretary shall file the
map referred to in paragraph (1) and a legal description for
each insect and disease emergency area designated by such
paragraph with--
(A) the Committee on Energy and Natural Resources
and the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(B) the Committee on Natural Resources and the
Committee on Agriculture of the House of
Representatives.
(3) Force of law.--The map and legal descriptions filed
under paragraph (2) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and the legal descriptions.
(4) Public availability.--The map and legal descriptions
filed under paragraph (2) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(b) Designation by Secretary.--
(1) Designation.--The Secretary may designate an area of
National Forest System land as an additional insect and disease
emergency area if the National Forest System land--
(A) is located in an affected State;
(B) is subject to an insect and disease infestation
emergency, as determined by the Secretary.
(2) Initiation.--The designation of an insect and disease
emergency area under this subsection may be made by the
Secretary--
(A) on the initiative of the Secretary; or
(B) in response to a request by the Governor of an
affected State.
(3) Deadline.--If the Governor of an affected State
requests the Secretary to designate National Forest System land
in the State as an additional insect and disease emergency
area, the Secretary shall accept or deny the request before the
end of the 90-day period beginning on the date on which the
Secretary receives the request. If the Secretary does not
accept or deny the request before the end of such period, the
request shall be deemed to be denied. If the request is denied,
the Secretary shall submit to the Governor who submitted the
request and the congressional committees specified in
subsection (a)(2) an explanation of the reasons for the denial.
(4) Limitation on delegation.--The Secretary may delegate
the authority to make a designation under this subsection only
to the Regional Forester responsible for the National Forest
System land that would be covered by the designation.
(5) Procedure.--If the Secretary designates an additional
insect and disease emergency area under this subsection, the
Secretary shall--
(A) publish a notice of the designation of the
insect and disease emergency area (including a map of
the insect and disease emergency area) in the Federal
Register; and
(B) notify the Governor of the affected State in
which the land is located and the congressional
committees specified in subsection (a)(2).
(c) Relation to Other Laws.--
(1) NEPA.--The designation of an insect and disease
emergency area under this section does not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.). Subsequent major Federal actions
taken as a result of the designation are subject to such Act.
(2) Forest service decisionmaking.--The designation of an
insect and disease emergency area under this section shall not
be subject to--
(A) section 322 of the Department of the Interior
and Related Agencies Appropriation Act, 1993 (Public
Law 102-381; 16 U.S.C. 1612 note); or
(B) any related law or regulation.
(d) Certain Lands Excluded.--An insect and disease emergency area
may not include--
(1) land designated as wilderness;
(2) land recommended for wilderness designation in a forest
land and resource management plan; and
(3) land on which the removal of vegetation is prohibited
or restricted by Act of Congress or Presidential proclamation
(including the applicable implementation plan).
(e) Duration of Designation.--
(1) Designation by map.--An insect and disease emergency
area designated on the map referred to in subsection (a)(1)
shall continue as an insect and disease emergency area until--
(A) the end of the 10-year period beginning on the
date of the enactment of this Act; or
(B) such earlier date as may be designated by the
Secretary if the Secretary determines that the area of
National Forest System land is no longer subject to an
insect and disease infestation emergency.
(2) Designation by secretary.--An insect and disease
emergency area designated by the Secretary under subsection (b)
shall continue as an insect and disease emergency area until--
(A) the end of the 10-year period beginning on the
date of the designation; or
(B) such earlier date as may be designated by the
Secretary if the Secretary determines that the area of
National Forest System land is no longer subject to an
insect and disease infestation emergency.
(3) Redesignation.--The expiration of the 10-year period
specified in paragraph (1)(A) or (2)(A) does not prohibit the
Secretary from redesignating an area of National Forest System
land as an insect and disease emergency area under subsection
(b) if the Secretary determines that the area of National
Forest System land continues to be subject to an insect and
disease infestation emergency.
SEC. 5. RESPONSE TO EMERGENCY DESIGNATION.
(a) Priority Treatments.--In carrying out the management of an
insect and disease emergency area, the Secretary shall give priority
consideration--
(1) to the removal of hazardous fuels and hazardous trees
posing a risk to--
(A) human communities;
(B) utility corridors;
(C) communication sites;
(D) roads;
(E) recreation sites;
(F) water structures; and
(G) other infrastructure;
(2) to the restoration of the health of land surrounding
any of the areas or sites specified in paragraph (1); and
(3) to the provision of assistance to State and local
governments, Indian tribes, and private landowners for the
removal of hazardous fuels and hazardous trees on, and the
restoration of the health of, each parcel of land located in
the insect and disease emergency area--
(A) that is under the jurisdiction of the State or
local government or Indian tribe; or
(B) the title of which is held by a private
landowner.
(b) Biomass Use.--In giving priority to initiatives described in
subsection (a), the Secretary shall give priority consideration to the
making of payments under section 9011(d) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8111(d)), as amended by section
9001(a) of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2064), to an individual or entity described in
paragraph (1)(B) of such section that collects or harvests renewable
biomass from a parcel of National Forest System land located in an
insect and disease emergency area.
(c) Emergency Forest Restoration.--In implementing the emergency
forest restoration program under section 407 of the Agricultural Credit
Act of 1978 (16 U.S.C. 2206), the Secretary may make payments to an
owner of a parcel of nonindustrial private forest land that is located
in an insect and disease emergency area to carry out emergency measures
in response to an insect and disease infestation emergency under this
Act.
(d) Treatment as Renewable Biomass.--Any biomass removed from a
parcel of land located in an insect and disease emergency area shall be
considered to be renewable biomass for purposes of the renewable fuel
standard under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
(e) Healthy Forest Restoration.--
(1) Authority of secretary.--The Secretary may apply each
requirement described in sections 104 and 105 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515) to
projects that are carried out to remove hazardous fuels and
hazardous trees on, and to restore the health of, National
Forest System land that is located in an insect and disease
emergency area.
(2) Judicial review.--Section 106 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6516) shall apply to each
project described in paragraph (1).
SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE OF COLORADO.
(a) State Forest Services.--
(1) Authority of secretary.--The Secretary may offer to
enter into any contract (including a sole source contract) or
other agreement (including an agreement for the mutual benefit
of the Secretary and each other party to the contract or
agreement), as appropriate, with the State of Colorado (in this
section referred to as the ``State'') to perform watershed
restoration and protection services on National Forest System
land located in the State if the State is carrying out similar
and complementary watershed restoration and protection services
on a parcel of State or private land that is located adjacent
to the National Forest System land.
(2) Authorized services.--Watershed restoration and
protection services described in paragraph (1) include--
(A) the treatment of insect-infested trees;
(B) the reduction of hazardous fuels; and
(C) any other activity that is carried out to
restore or improve watersheds or fish and wildlife
habitat across ownership boundaries.
(b) Administrative Provisions.--
(1) National forest management act of 1976.--Subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a) shall not apply to services performed
under a contract or other agreement under subsection (a)(1).
(2) Assumption of liability.--In accordance with each
applicable law (including regulations), in preparing and
carrying out a contract entered into under subsection (a)(1),
the State that is a party to the contract shall be liable for
each action and omission of the employees of the State.
(3) Subcontracts.--A State, in accordance with the
applicable contract procedures of the State, may enter into
subcontracts to provide restoration services authorized under a
contract or other agreement entered into under subsection
(a)(1).
(4) Dispute resolution.--Any dispute under a contract or
other agreement under subsection (a)(1) shall be resolved in
accordance with, as applicable--
(A) the dispute clause of the contract or other
agreement;
(B) the Contract Disputes Act of 1978 (41 U.S.C.
601 et seq.); or
(C) section 1491 of title 28, United States Code.
(c) Retention of Responsibilities Under National Environmental
Policy Act of 1969.--With respect to any watershed restoration and
protection service on National Forest System land that is proposed to
be carried out by the State under subsection (a), any decision required
to be made under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) may not be delegated to any officer or employee of
the State.
(d) Applicability.--
(1) In general.--Subject to paragraph (2), the authority
provided by this section applies only to National Forest System
land located in Colorado.
(2) Secretary of the interior.--With respect to public land
located in Colorado that is administered by the Secretary of
the Interior (acting through the Bureau of Land Management),
the Secretary of the Interior may carry out activities under
this section on the public land.
SEC. 7. STEWARDSHIP CONTRACTING.
(a) Permanent Authority.--Section 347(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; as contained in section 101(e) of division A of Public Law 105-
277) is amended by striking ``Until September 30, 2013, the'' and
inserting ``The''.
(b) Treatment of Cancellation Costs.--Section 347 of the Department
of the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; as contained in section 101(e) of division A of
Public Law 105-277) is amended by adding at the end the following new
subsection:
``(h) Treatment of Cancellation Costs.--
``(1) Limitation on obligation.--Notwithstanding any other
provision of law, including section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), the Forest Service may not obligate funds to cover the
cost of canceling a Forest Service multiyear stewardship
contract under subsection (a) until the date on which the
multiyear stewardship contract is cancelled.
``(2) Costs of cancellation or termination.--The costs of
any cancellation or termination of a multiyear stewardship
contract described in paragraph (1) may be paid from any
appropriations available to the Forest Service. In the event
such appropriations are exhausted--
``(A) the exhaustion of such appropriations shall
not be considered to be a violation of section 1341 of
title 31, United States Code; and
``(B) the Secretary of Agriculture shall seek a
supplemental appropriation.''.
SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS.
Nothing in this Act diminishes the rights of any owner of private
property.
<all>
Introduced in House
Introduced in House
Referred to House Agriculture
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Natural Resources
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
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