II 

109TH CONGRESS 

2D SESSION S. 2584 

To amend the Healthy Forests Restoration Act of 2003 to help reduce 

the increased risk of severe wildfires to communities in forested areas 

affected by infestations of bark beetles and other insects, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2006 

Mr. SALAZAR introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Healthy Forests Restoration Act of 2003 

to help reduce the increased risk of severe wildfires to 

communities in forested areas affected by infestations 

of bark beetles and other insects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rocky Mountain For5 est Insects Response Enhancement and Support Act’’ or 

6 the ‘‘Rocky Mountain FIRES Act’’. 

7 SEC. 2. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 


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1 (1) fire beetles, bark beetles, and other insects 

2 that feed on trees are— 

3 (A) natural parts of the Rocky Mountain 

4 forest ecology; and 

5 (B) shape the forest in a beneficial manner 

6 by thinning dense tree stands and promoting 

7 cyclical re-growth; 

8 (2) in various parts of the Rocky Mountain re9 gion large-scale infestations of bark beetles and 

10 other insects, in combination with other factors, 

11 have increased the likelihood of unusually severe 

12 wildfires that pose a threat to individuals and prop13 erties that are located in nearby communities; 

14 (3) increased wildfire danger is the result of nu15 merous factors, including— 

16 (A) a century-long policy of suppressing 

17 small fires on Federal land that, combined with 

18 a recent reduction in the quantity of timber 

19 harvested on Federal land, has resulted in un20 usually dense vegetation that can provide fuel 

21 for unusually severe wildfires; 

22 (B) a pronounced and prolonged drought 

23 that has weakened trees and made the trees 

24 more susceptible to wildfire and insects; and 


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1 (C) population growth in the mountain 

2 communities adjacent to Federal land, and the 

3 development of ski areas and other recreational 

4 facilities on and in the vicinity of Federal land, 

5 that have increased the number of individuals, 

6 homes, and businesses at risk; 

7 (4) the Healthy Forests Restoration Act of 

8 2003 (16 U.S.C. 6501 et seq.) addressed the need 

9 to reduce the volume of fuel that can feed the most 

10 severe fires that threaten communities; and 

11 (5) provisions of that Act and other laws need 

12 to be modified to help reduce the increased risk of 

13 severe wildfires to communities in the Rocky Moun14 tain region resulting from the effects of widespread 

15 infestations of bark beetles and other insects. 

16 (b) PURPOSE.—The purpose of this Act is to facili17 tate a more expeditious response by the Secretary of Agri18 culture and the Secretary of the Interior in reducing the 

19 increased risk of severe wildfires to communities in the 

20 Rocky Mountain region resulting from the effects of wide21 spread infestations of bark beetles and other insects. 


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1 SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF 

2 BARK BEETLES AND OTHER INSECTS ON FED3 ERAL LAND IN THE ROCKY MOUNTAIN RE4 GION. 

5 (a) DEFINITIONS.—Section 101 of the Healthy For6 ests Restoration Act of 2003 (16 U.S.C. 6511) is amend7 ed— 

8 (1) by redesignating paragraphs (12) through 

9 (16) as paragraphs (13), (14), (16), (17), and (18), 

10 respectively; 

11 (2) by inserting after paragraph (11) the fol12 lowing: 

13 ‘‘(12) INSECT EMERGENCY AREA.—The term 

14 ‘insect-emergency area’ means Federal land in the 

15 Rocky Mountain region that— 

16 ‘‘(A) the Secretary determines is subject to 

17 a widespread infestation of bark beetles and 

18 other insects; 

19 ‘‘(B) is identified for hazardous fuel reduc20 tion treatment in a community wildfire protec21 tion plan; and 

22 ‘‘(C) is characterized by insect-induced tree 

23 mortality that the Secretary determines has, or 

24 within 1 year will have, produced a condition 

25 such that an immediate reduction in hazardous 

26 fuels is required to reduce the risks to human 


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1 life and property, or to a municipal water sup2 ply, from a severe wildfire.’’; and 

3 (3) by inserting after paragraph (14) (as redes4 ignated by paragraph (1)) the following: 

5 ‘‘(15) ROCKY MOUNTAIN REGION.—The term 

6 ‘Rocky Mountain region’ means the States of Ari7 zona, Colorado, Idaho, Montana, New Mexico, North 

8 Dakota, South Dakota, Utah, and Wyoming.’’. 

9 (b) PRIORITIZATION FOR FEDERAL LAND IN ROCKY

10 MOUNTAIN REGION.—Section 103(d)(1) of the Healthy 

11 Forests Restoration Act of 2003 (16 U.S.C. 6513(d)(1)) 

12 is amended by adding at the end the following: 

13 ‘‘(D) PRIORITIZATION FOR FEDERAL LAND

14 IN ROCKY MOUNTAIN REGION.—The Secretary 

15 shall use not less than 70 percent of the funds 

16 allocated for authorized hazardous fuel reduc17 tion projects in the Rocky Mountain region 

18 for— 

19 ‘‘(i) projects in the wildland-urban 

20 interface; and 

21 ‘‘(ii) projects on land that— 

22 ‘‘(I) is in proximity to— 

23 ‘‘(aa) a municipal water sup24 ply system; or 


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1 ‘‘(bb) a stream feeding a 

2 municipal water supply system in 

3 a municipal watershed; and 

4 ‘‘(II) has been identified for haz5 ardous fuel reduction projects in com6 munity wildfire protection plans.’’. 

7 (c) ALTERNATIVE ANALYSIS PROCESS.—Section 

8 104(d)(2) of the Healthy Forests Restoration Act of 2003 

9 (16 U.S.C. 6514(d)(2)) is amended by inserting ‘‘or on 

10 any other land identified for such a project in a commu11 nity wildfire protection plan for an at-risk community in 

12 or adjacent to an insect-emergency area’’ after ‘‘at-risk 

13 community’’. 

14 (d) INSECT EMERGENCIES.—Title I of the Healthy 

15 Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) 

16 is amended— 

17 (1) by redesignating sections 107 and 108 as 

18 sections 109 and 110, respectively; and 

19 (2) by inserting after section 106 the following: 

20 ‘‘SEC. 107. ACTIONS RELATING TO INSECT-EMERGENCY 

21 AREAS. 

22 ‘‘(a) DESIGNATION.— 

23 ‘‘(1) AUTHORITY.—The Secretary may des24 ignate insect-emergency areas. 


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1 ‘‘(2) BASIS OF DESIGNATION.—The Secretary 

2 shall designate an insect-emergency area based on 

3 the best information available to the Secretary, in4 cluding observation of relevant insect infestations. 

5 ‘‘(3) INITIATION.—The designation of an in6 sect-emergency area may be made— 

7 ‘‘(A) on the initiative of the Secretary; or 

8 ‘‘(B) in response to a request by— 

9 ‘‘(i) a State agency; or 

10 ‘‘(ii) a political subdivision of a State. 

11 ‘‘(4) DEADLINE.—Not later than 90 days after 

12 the date of receipt of a request under paragraph 

13 (3)(B), the Secretary shall approve or deny the re14 quest. 

15 ‘‘(5) LIMITATION ON DELEGATION.—In the 

16 case of National Forest System land, the authority 

17 of the Secretary to make a designation under this 

18 section may be delegated only to a Regional For19 ester. 

20 ‘‘(b) CONSULTATION AND PUBLIC COMMENT.—Be21 fore making a determination to designate an insect-emer22 gency area, the Secretary shall— 

23 ‘‘(1) consult with— 


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1 ‘‘(A) any Federal agency responsible for 

2 managing land in an applicable community 

3 wildfire protection plan; and 

4 ‘‘(B) appropriate State and local officials; 

5 and 

6 ‘‘(2) provide public notice and an opportunity to 

7 comment. 

8 ‘‘(c) EFFECT OF DETERMINATION.— 

9 ‘‘(1) AUTHORIZED HAZARDOUS FUEL REDUC10 TION PROJECTS.—An authorized hazardous fuel re11 duction project involving land in an insect-emergency 

12 area may be categorically excluded from documenta13 tion in an environmental impact statement and envi14 ronmental assessment under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

16 if— 

17 ‘‘(A) the project involves only land that is 

18 identified for hazardous-fuel reduction treat19 ment in a community wildfire protection plan; 

20 and 

21 ‘‘(B) the decision to categorically exclude 

22 the project is made in accordance with applica23 ble extraordinary circumstances procedures re24 quired by section 1508.4 of title 40, Code of 


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1 Federal Regulations (or a successive regula2 tion). 

3 ‘‘(2) STEWARDSHIP PROJECTS.—A stewardship 

4 contracting project under section 347 of the Depart5 ment of the Interior and Related Agencies Appro6 priations Act, 1999 (16 U.S.C. 2104 note; 112 Stat. 

7 2681–298) to carry out a hazardous fuel reduction 

8 project in an insect-emergency area may exceed 10 

9 years, but shall not exceed 15 years, in duration. 

10 ‘‘(d) PERSONNEL AUTHORITY.—The Secretary may 

11 relocate or reassign personnel of the Forest Service to pro12 vide additional personnel to prepare and carry out— 

13 ‘‘(1) applied silvicultural assessments under sec14 tion 404 in response to an insect emergency; or 

15 ‘‘(2) other appropriate actions involving Federal 

16 land subject to an insect emergency.’’. 

17 (e) HAZARDOUS FUEL REDUCTION PROJECTS.—The 

18 Secretary may allocate funds made available under Section 

19 35 of the Mineral Leasing Act (30 U.S.C. 191) (as amend20 ed by section 4(b)) for hazardous fuel reduction projects 

21 in designated insect emergency areas. 

22 (f) CONFORMING AMENDMENT.—The table of con23 tents for the Healthy Forests Restoration Act of 2003 (16 

24 U.S.C. 6501 note; 117 Stat. 1888) is amended by striking 


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1 the items relating to section 107 and 108 and inserting 

2 the following: 

‘‘Sec. 107. Actions relating to insect-emergency areas. 

‘‘Sec. 108. Effect of title. 

‘‘Sec. 109. Authorization of appropriations.’’ 

3 SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVEL4 OPMENT ASSISTANCE FOR AT-RISK COMMU5 NITIES IN THE ROCKY MOUNTAIN REGION. 

6 (a) AVAILABILITY OF ASSISTANCE.—Section 103 of 

7 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

8 6513) is amended by adding at the end the following: 

9 ‘‘(e) PLANNING ASSISTANCE FOR AT-RISK COMMU10 NITIES.— 

11 ‘‘(1) IN GENERAL.—The Secretary, in consulta12 tion with appropriate State agencies, shall make 

13 grants to at-risk communities in the Rocky Moun14 tain region to assist the at-risk communities in pre15 paring or revising a community wildfire protection 

16 plan. 

17 ‘‘(2) SOURCE OF FUNDS.—The Secretary shall 

18 use amounts made available under section 35(c) of 

19 the Mineral Leasing Act (30 U.S.C. 191(c)) to carry 

20 out this subsection.’’. 

21 (b) FUNDING SOURCE.—Section 35 of the Mineral 

22 Leasing Act (30 U.S.C. 191) is amended by adding at the 

23 end the following: 


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1 ‘‘(d) ASSISTANCE FOR AT-RISK COMMUNITIES.— 

2 Notwithstanding the first sentence of subsection (a), 

3 $5,000,000 of the amounts paid into the Treasury under 

4 subsection (a) for each of fiscal years 2006 through 2010 

5 shall be made available to the Secretary, without further 

6 appropriation and until expended, for obligation and ex7 penditure pursuant to section 103(e) of the Healthy For8 ests Restoration Act of 2003 (16 U.S.C. 6513(e)).’’. 

9 SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF 

10 COMMUNITY WILDFIRE PROTECTION PLANS. 

11 Section 33(b)(3) of the Federal Fire Prevention and 

12 Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended 

13 by striking subparagraph (L) and inserting the following: 

14 ‘‘(L) To fund fire prevention programs, in15 cluding the development of community wildfire 

16 protection plans (as defined in section 101 of 

17 the Healthy Forests Restoration Act of 2003 

18 (16 U.S.C. 6511)).’’. 

19 SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PRO20 GRAM; BIOMASS COLLECTION. 

21 (a) BIOMASS COMMERCIAL UTILIZATION GRANT

22 PROGRAM.—The Healthy Forests Restoration Act of 2003 

23 (16 U.S.C. 6531) is amended by striking section 203 and 

24 inserting the following: 


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1 ‘‘SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT 

2 PROGRAM. 

3 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 

4 provide to owners or operators of facilities that use bio5 mass, on an annual basis, grants for use in accordance 

6 with subsection (d). 

7 ‘‘(b) ELIGIBLE RECIPIENTS.—A grant shall be 

8 awarded under this section only to an owner or operator 

9 of a facility that uses biomass— 

10 ‘‘(1) as a raw material to produce— 

11 ‘‘(A) electricity; 

12 ‘‘(B) sensible heat; or 

13 ‘‘(C) transportation fuel; 

14 ‘‘(2) for wood-based products; or 

15 ‘‘(3) for other commercial purposes. 

16 ‘‘(c) PRIORITY.—In making grants under this sec17 tion, the Secretary shall give priority to applications sub18 mitted by individuals or entities that purchase biomass re19 moved from land in insect-emergency areas (as defined in 

20 section 101) through an authorized hazardous fuel reduc21 tion project carried out pursuant to section 102. 

22 ‘‘(d) USE OF GRANT FUNDS.—An owner or operator 

23 who receives a grant pursuant to this section may use 

24 funds from the grant to offset the costs of purchasing bio25 mass. 


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1 ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.—The 

2 Secretary may exercise the authority provided by this sec3 tion in conjunction with, or in addition to, any other au4 thority of the Secretary to support or stimulate the use 

5 of biomass fuel. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary to carry 

8 out this section $10,000,000 for each of fiscal years 2007 

9 through 2010.’’. 

10 ‘‘SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION 

11 POINTS. 

12 ‘‘(a) ESTABLISHMENT.— 

13 ‘‘(1) IN GENERAL.—To the maximum extent 

14 practicable, and consistent with relevant land man15 agement plans, the Secretary shall establish 1 or 

16 more collection points for the placement of vegeta17 tive material removed from Federal or other land as 

18 part of a hazardous fuel reduction project under title 

19 I. 

20 ‘‘(2) CONDITIONS FOR ESTABLISHMENT.— 

21 ‘‘(A) SAFE TRANSPORTATION OF VEGETA22 TIVE MATERIAL.—No collection point shall be 

23 established pursuant to this section if the Sec24 retary determines that transportation of the 

25 vegetative material to or from the proposed colVerDate Aug 31 2005 05:24 Apr 08, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2584.IS S2584

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1 lection point would result in an increased risk 

2 of infestation of insects. 

3 ‘‘(B) CONSENT OF PROPERTY OWNER.— 

4 No collection point shall be established pursu5 ant to this section on any property not owned 

6 by the United States without the consent of the 

7 owner of the property. 

8 ‘‘(b) USE.—Vegetative material placed at a collection 

9 point established under this section may be sold, donated, 

10 or otherwise made available to any individual or entity 

11 that agrees to remove the material from the collection 

12 point.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of the Healthy Forests Restoration Act of 2003 (16 

15 U.S.C. 6501 et seq.) is amended by adding after the item 

16 relating to section 203 the following: 

‘‘Sec. 204. Establishment of central collection points.’’. 

Æ 


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