I 

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. LUJA ́N, 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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘National Forest Insect and Disease Emergency Act of 

4 2009’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. PURPOSES. 

8 (a) PURPOSES.—The purposes of this Act are— 

9 (1) to ensure that adequate emphasis is placed 

10 on the mitigation of hazards posed by large-scale in11 festations of bark beetles and other insects through 

12 the establishment of insect and disease emergency 

13 areas; 

14 (2) to ensure that increased resources are avail15 able within each designated insect and disease emer16 gency area— 

17 (A) to mitigate hazards associated with 

18 falling trees and increased fire hazards; and 

19 (B) to restore National Forest System land 

20 within the designated insect and disease emer21 gency area; and 


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1 (3) to make permanent good-neighbor authority 

2 for the State of Colorado and stewardship con3 tracting authorities available to the Secretary of Ag4 riculture. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AFFECTED STATE.—The term ‘‘affected 

8 State’’ means the States of Arizona, California, Col9 orado, Idaho, Montana, Nevada, New Mexico, Or10 egon, South Dakota, Utah, Washington, and Wyo11 ming. 

12 (2) INSECT AND DISEASE EMERGENCY AREA.— 

13 The term ‘‘insect and disease emergency area’’ 

14 means an area of National Forest System land 

15 (other than land excluded by section 4(d)) that— 

16 (A) is identified as an insect and disease 

17 emergency area on the map entitled ‘‘Insect 

18 Emergency Areas’’ and dated ølll¿; or 

19 (B) is designated as an insect and disease 

20 emergency area by the Secretary in the manner 

21 provided in section 4(b). 

22 (3) INSECT AND DISEASE INFESTATION EMER23 GENCY.—The term ‘‘insect and disease infestation 

24 emergency’’ means an insect or disease infestation 

25 that the Secretary determines has resulted in— 


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1 (A) a current or future increased risk of 

2 catastrophic wildland fire; or 

3 (B) an increased threat posed by haz4 ardous trees to utility corridors, communication 

5 sites, or other infrastructure. 

6 (4) NATIONAL FOREST SYSTEM.—The term 

7 ‘‘National Forest System’’ has the meaning given 

8 the term in section 11(a) of the Forest and Range9 land Renewable Resources Planning Act of 1974 (16 

10 U.S.C. 1609(a)). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Agriculture. 

13 SEC. 4. DESIGNATION OF INSECT AND DISEASE EMER14 GENCY AREAS. 

15 (a) DESIGNATION BY MAP.— 

16 (1) DESIGNATION.—There is designated as an 

17 insect and disease emergency area each area of Na18 tional Forest System land identified as such an area 

19 on the map entitled ‘‘Insect Emergency Areas’’ and 

20 dated lll. 

21 (2) MAP; LEGAL DESCRIPTIONS.—As soon as 

22 practicable after the date of enactment of this Act, 

23 the Secretary shall file the map referred to in para24 graph (1) and a legal description for each insect and 


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1 disease emergency area designated by such para2 graph with— 

3 (A) the Committee on Energy and Natural 

4 Resources and the Committee on Agriculture, 

5 Nutrition, and Forestry of the Senate; and 

6 (B) the Committee on Natural Resources 

7 and the Committee on Agriculture of the House 

8 of Representatives. 

9 (3) FORCE OF LAW.—The map and legal de10 scriptions filed under paragraph (2) shall have the 

11 same force and effect as if included in this Act, ex12 cept that the Secretary may correct typographical 

13 errors in the map and the legal descriptions. 

14 (4) PUBLIC AVAILABILITY.—The map and legal 

15 descriptions filed under paragraph (2) shall be on 

16 file and available for public inspection in the appro17 priate offices of the Forest Service. 

18 (b) DESIGNATION BY SECRETARY.— 

19 (1) DESIGNATION.—The Secretary may des20 ignate an area of National Forest System land as an 

21 additional insect and disease emergency area if the 

22 National Forest System land— 

23 (A) is located in an affected State; 


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1 (B) is subject to an insect and disease in2 festation emergency, as determined by the Sec3 retary. 

4 (2) INITIATION.—The designation of an insect 

5 and disease emergency area under this subsection 

6 may be made by the Secretary— 

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

8 (B) in response to a request by the Gov9 ernor of an affected State. 

10 (3) DEADLINE.—If the Governor of an affected 

11 State requests the Secretary to designate National 

12 Forest System land in the State as an additional in13 sect and disease emergency area, the Secretary shall 

14 accept or deny the request before the end of the 90- 

15 day period beginning on the date on which the Sec16 retary receives the request. If the Secretary does not 

17 accept or deny the request before the end of such pe18 riod, the request shall be deemed to be denied. If the 

19 request is denied, the Secretary shall submit to the 

20 Governor who submitted the request and the con21 gressional committees specified in subsection (a)(2) 

22 an explanation of the reasons for the denial. 

23 (4) LIMITATION ON DELEGATION.—The Sec24 retary may delegate the authority to make a des25 ignation under this subsection only to the Regional 


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1 Forester responsible for the National Forest System 

2 land that would be covered by the designation. 

3 (5) PROCEDURE.—If the Secretary designates 

4 an additional insect and disease emergency area 

5 under this subsection, the Secretary shall— 

6 (A) publish a notice of the designation of 

7 the insect and disease emergency area (includ8 ing a map of the insect and disease emergency 

9 area) in the Federal Register; and 

10 (B) notify the Governor of the affected 

11 State in which the land is located and the con12 gressional committees specified in subsection 

13 (a)(2). 

14 (c) RELATION TO OTHER LAWS.— 

15 (1) NEPA.—The designation of an insect and 

16 disease emergency area under this section does not 

17 constitute a major Federal action under the Na18 tional Environmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.). Subsequent major Federal actions 

20 taken as a result of the designation are subject to 

21 such Act. 

22 (2) FOREST SERVICE DECISIONMAKING.—The 

23 designation of an insect and disease emergency area 

24 under this section shall not be subject to— 


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1 (A) section 322 of the Department of the 

2 Interior and Related Agencies Appropriation 

3 Act, 1993 (Public Law 102–381; 16 U.S.C. 

4 1612 note); or 

5 (B) any related law or regulation. 

6 (d) CERTAIN LANDS EXCLUDED.—An insect and dis7 ease emergency area may not include— 

8 (1) land designated as wilderness; 

9 (2) land recommended for wilderness designa10 tion in a forest land and resource management plan; 

11 and 

12 (3) land on which the removal of vegetation is 

13 prohibited or restricted by Act of Congress or Presi14 dential proclamation (including the applicable imple15 mentation plan). 

16 (e) DURATION OF DESIGNATION.— 

17 (1) DESIGNATION BY MAP.—An insect and dis18 ease emergency area designated on the map referred 

19 to in subsection (a)(1) shall continue as an insect 

20 and disease emergency area until— 

21 (A) the end of the 10-year period begin22 ning on the date of the enactment of this Act; 

23 or 

24 (B) such earlier date as may be designated 

25 by the Secretary if the Secretary determines 


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1 that the area of National Forest System land is 

2 no longer subject to an insect and disease infes3 tation emergency. 

4 (2) DESIGNATION BY SECRETARY.—An insect 

5 and disease emergency area designated by the Sec6 retary under subsection (b) shall continue as an in7 sect and disease emergency area until— 

8 (A) the end of the 10-year period begin9 ning on the date of the designation; or 

10 (B) such earlier date as may be designated 

11 by the Secretary if the Secretary determines 

12 that the area of National Forest System land is 

13 no longer subject to an insect and disease infes14 tation emergency. 

15 (3) REDESIGNATION.—The expiration of the 

16 10-year period specified in paragraph (1)(A) or 

17 (2)(A) does not prohibit the Secretary from redesig18 nating an area of National Forest System land as an 

19 insect and disease emergency area under subsection 

20 (b) if the Secretary determines that the area of Na21 tional Forest System land continues to be subject to 

22 an insect and disease infestation emergency. 


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1 SEC. 5. RESPONSE TO EMERGENCY DESIGNATION. 

2 (a) PRIORITY TREATMENTS.—In carrying out the 

3 management of an insect and disease emergency area, the 

4 Secretary shall give priority consideration— 

5 (1) to the removal of hazardous fuels and haz6 ardous trees posing a risk to— 

7 (A) human communities; 

8 (B) utility corridors; 

9 (C) communication sites; 

10 (D) roads; 

11 (E) recreation sites; 

12 (F) water structures; and 

13 (G) other infrastructure; 

14 (2) to the restoration of the health of land sur15 rounding any of the areas or sites specified in para16 graph (1); and 

17 (3) to the provision of assistance to State and 

18 local governments, Indian tribes, and private land19 owners for the removal of hazardous fuels and haz20 ardous trees on, and the restoration of the health of, 

21 each parcel of land located in the insect and disease 

22 emergency area— 

23 (A) that is under the jurisdiction of the 

24 State or local government or Indian tribe; or 

25 (B) the title of which is held by a private 

26 landowner. 


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1 (b) BIOMASS USE.—In giving priority to initiatives 

2 described in subsection (a), the Secretary shall give pri3 ority consideration to the making of payments under sec4 tion 9011(d) of the Farm Security and Rural Investment 

5 Act of 2002 (7 U.S.C. 8111(d)), as amended by section 

6 9001(a) of the Food, Conservation, and Energy Act of 

7 2008 (Public Law 110–246; 122 Stat. 2064), to an indi8 vidual or entity described in paragraph (1)(B) of such sec9 tion that collects or harvests renewable biomass from a 

10 parcel of National Forest System land located in an insect 

11 and disease emergency area. 

12 (c) EMERGENCY FOREST RESTORATION.—In imple13 menting the emergency forest restoration program under 

14 section 407 of the Agricultural Credit Act of 1978 (16 

15 U.S.C. 2206), the Secretary may make payments to an 

16 owner of a parcel of nonindustrial private forest land that 

17 is located in an insect and disease emergency area to carry 

18 out emergency measures in response to an insect and dis19 ease infestation emergency under this Act. 

20 (d) TREATMENT AS RENEWABLE BIOMASS.—Any 

21 biomass removed from a parcel of land located in an insect 

22 and disease emergency area shall be considered to be re23 newable biomass for purposes of the renewable fuel stand24 ard under section 211(o) of the Clean Air Act (42 U.S.C. 

25 7545(o)). 


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1 (e) HEALTHY FOREST RESTORATION.— 

2 (1) AUTHORITY OF SECRETARY.—The Sec3 retary may apply each requirement described in sec4 tions 104 and 105 of the Healthy Forests Restora5 tion Act of 2003 (16 U.S.C. 6514, 6515) to projects 

6 that are carried out to remove hazardous fuels and 

7 hazardous trees on, and to restore the health of, Na8 tional Forest System land that is located in an in9 sect and disease emergency area. 

10 (2) JUDICIAL REVIEW.—Section 106 of the 

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

12 6516) shall apply to each project described in para13 graph (1). 

14 SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE 

15 OF COLORADO. 

16 (a) STATE FOREST SERVICES.— 

17 (1) AUTHORITY OF SECRETARY.—The Sec18 retary may offer to enter into any contract (includ19 ing a sole source contract) or other agreement (in20 cluding an agreement for the mutual benefit of the 

21 Secretary and each other party to the contract or 

22 agreement), as appropriate, with the State of Colo23 rado (in this section referred to as the ‘‘State’’) to 

24 perform watershed restoration and protection serv25 ices on National Forest System land located in the 


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1 State if the State is carrying out similar and com2 plementary watershed restoration and protection 

3 services on a parcel of State or private land that is 

4 located adjacent to the National Forest System land. 

5 (2) AUTHORIZED SERVICES.—Watershed res6 toration and protection services described in para7 graph (1) include— 

8 (A) the treatment of insect-infested trees; 

9 (B) the reduction of hazardous fuels; and 

10 (C) any other activity that is carried out to 

11 restore or improve watersheds or fish and wild12 life habitat across ownership boundaries. 

13 (b) ADMINISTRATIVE PROVISIONS.— 

14 (1) NATIONAL FOREST MANAGEMENT ACT OF

15 1976.—Subsections (d) and (g) of section 14 of the 

16 National Forest Management Act of 1976 (16 

17 U.S.C. 472a) shall not apply to services performed 

18 under a contract or other agreement under sub19 section (a)(1). 

20 (2) ASSUMPTION OF LIABILITY.—In accordance 

21 with each applicable law (including regulations), in 

22 preparing and carrying out a contract entered into 

23 under subsection (a)(1), the State that is a party to 

24 the contract shall be liable for each action and omis25 sion of the employees of the State. 


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1 (3) SUBCONTRACTS.—A State, in accordance 

2 with the applicable contract procedures of the State, 

3 may enter into subcontracts to provide restoration 

4 services authorized under a contract or other agree5 ment entered into under subsection (a)(1). 

6 (4) DISPUTE RESOLUTION.—Any dispute under 

7 a contract or other agreement under subsection 

8 (a)(1) shall be resolved in accordance with, as appli9 cable— 

10 (A) the dispute clause of the contract or 

11 other agreement; 

12 (B) the Contract Disputes Act of 1978 (41 

13 U.S.C. 601 et seq.); or 

14 (C) section 1491 of title 28, United States 

15 Code. 

16 (c) RETENTION OF RESPONSIBILITIES UNDER NA17 TIONAL ENVIRONMENTAL POLICY ACT OF 1969.—With 

18 respect to any watershed restoration and protection serv19 ice on National Forest System land that is proposed to 

20 be carried out by the State under subsection (a), any deci21 sion required to be made under the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may 

23 not be delegated to any officer or employee of the State. 

24 (d) APPLICABILITY.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the authority provided by this section applies only to 

3 National Forest System land located in Colorado. 

4 (2) SECRETARY OF THE INTERIOR.—With re5 spect to public land located in Colorado that is ad6 ministered by the Secretary of the Interior (acting 

7 through the Bureau of Land Management), the Sec8 retary of the Interior may carry out activities under 

9 this section on the public land. 

10 SEC. 7. STEWARDSHIP CONTRACTING. 

11 (a) PERMANENT AUTHORITY.—Section 347(a) of the 

12 Department of the Interior and Related Agencies Appro13 priations Act, 1999 (16 U.S.C. 2104 note; as contained 

14 in section 101(e) of division A of Public Law 105–277) 

15 is amended by striking ‘‘Until September 30, 2013, the’’ 

16 and inserting ‘‘The’’. 

17 (b) TREATMENT OF CANCELLATION COSTS.—Section 

18 347 of the Department of the Interior and Related Agen19 cies Appropriations Act, 1999 (16 U.S.C. 2104 note; as 

20 contained in section 101(e) of division A of Public Law 

21 105–277) is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(h) TREATMENT OF CANCELLATION COSTS.— 

24 ‘‘(1) LIMITATION ON OBLIGATION.—Notwith25 standing any other provision of law, including secVerDate Nov 24 2008 21:59 Jan 05, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4398.IH H4398

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1 tion 304B of the Federal Property and Administra2 tive Services Act of 1949 (41 U.S.C. 254c), the For3 est Service may not obligate funds to cover the cost 

4 of canceling a Forest Service multiyear stewardship 

5 contract under subsection (a) until the date on 

6 which the multiyear stewardship contract is can7 celled. 

8 ‘‘(2) COSTS OF CANCELLATION OR TERMI9 NATION.—The costs of any cancellation or termi10 nation of a multiyear stewardship contract described 

11 in paragraph (1) may be paid from any appropria12 tions available to the Forest Service. In the event 

13 such appropriations are exhausted— 

14 ‘‘(A) the exhaustion of such appropriations 

15 shall not be considered to be a violation of sec16 tion 1341 of title 31, United States Code; and 

17 ‘‘(B) the Secretary of Agriculture shall 

18 seek a supplemental appropriation.’’. 

19 SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS. 

20 Nothing in this Act diminishes the rights of any 

21 owner of private property. 

Æ 


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