I 

109TH CONGRESS 

2D SESSION H. R. 4875 

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 HOUSE OF REPRESENTATIVES 

MARCH 2, 2006 

Mr. UDALL of Colorado (for himself and Mr. SALAZAR) introduced the following bill; which was referred to the Committee on Agriculture, and in 

addition to the Committees on Resources, Ways and Means, and Science, 

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 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 AND TABLE OF CONTENTS. 

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

5 ‘‘Rocky Mountain Forest Insects Response Enhancement 

6 and Support Act’’ or the ‘‘Rocky Mountain FIRES Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Findings and purpose. 

Sec. 3. Response to widespread infestations of bark beetles and other insects 

on Federal land in Rocky Mountain region. 

Sec. 4. Community wildfire protection plan development assistance for at-risk 

communities in the Rocky Mountain region. 

Sec. 5. Additional assistance for preparation of community wildfire protection 

plans. 

Sec. 6. Biomass commercial utilization grant program and biomass collection. 

Sec. 7. Cooperation with certain private landowners. 

Sec. 8. Partial exclusion from gross income of payments received as compensation for silvicultural activities in response to insect-infestation 

emergencies. 

3 SEC. 2. FINDINGS AND PURPOSE. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) Fire, bark beetles, and other insects that 

6 feed on trees are natural parts of the Rocky Moun7 tain forest ecology that have some beneficial effects 

8 and help shape the forests by thinning dense tree 

9 stands and promoting cyclical re-growth. 

10 (2) However, in various parts of the Rocky 

11 Mountain region, large-scale infestations of bark 

12 beetles and other insects, in combination with other 

13 factors, have increased the likelihood of unusually 

14 severe wildfires that pose a threat to lives and prop15 erty in nearby communities. 

16 (3) This increased wildfire danger is the result 

17 of the following factors: 

18 (A) A century-long policy of suppressing 

19 even small fires on Federal lands, which comVerDate Aug 31 2005 23:50 Mar 04, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4875.IH H4875

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1 bined with a more recent reduction in the quan2 tity of timber harvesting on Federal lands, has 

3 resulted in unusually dense vegetation that can 

4 provide fuel for unusually severe wildfires. 

5 (B) A pronounced and prolonged drought 

6 that has weakened trees and made them more 

7 susceptible to both wildfire and insects. 

8 (C) Population growth in mountain com9 munities adjacent to Federal lands and the de10 velopment of ski areas and other recreational 

11 facilities on and in the vicinity of Federal lands, 

12 with a resulting increase in the number of peo13 ple, homes, and businesses at risk; 

14 (4) The Healthy Forests Restoration Act of 

15 2003 (Public Law 108–148; 16 U.S.C. 6501 et seq) 

16 addressed the need to reduce the volume of fuel that 

17 can feed the most severe fires that threaten commu18 nities. 

19 (5) However, provisions of the Healthy Forests 

20 Restoration Act of 2003 and other laws need to be 

21 modified to help further reduce the risks to commu22 nities in the Rocky Mountain region associated with 

23 current insect infestations. 

24 (b) PURPOSE.—The purpose of this Act is to facili25 tate a swifter response by the Secretary of Agriculture and 


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1 the Secretary of the Interior to reduce the increased risk 

2 of severe wildfires to communities in the Rocky Mountain 

3 region resulting from the effects of widespread infestations 

4 of bark beetles and other insects. 

5 SEC. 3. RESPONSE TO WIDESPREAD INFESTATIONS OF 

6 BARK BEETLES AND OTHER INSECTS ON FED7 ERAL LAND IN ROCKY MOUNTAIN REGION. 

8 (a) DEFINITIONS.—Section 101 of the Healthy For9 ests Restoration Act of 2003 (16 U.S.C. 6511) is amend10 ed— 

11 (1) by redesignating paragraphs (12) through 

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

13 respectively; 

14 (2) by inserting after paragraph (11) the fol15 lowing new paragraph: 

16 ‘‘(12) INSECT-EMERGENCY AREA.—The term 

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

18 Rocky Mountain region that— 

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

20 a widespread infestation of bark beetles or 

21 other insects; 

22 ‘‘(B) is identified for hazardous fuel reduc23 tion treatment in a community wildfire protec24 tion plan; and 


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

2 mortality that the Secretary determines has, or 

3 within one year will have, produced a condition 

4 such that an immediate reduction in hazardous 

5 fuels is required in order to reduce the risks to 

6 human life and property or to a municipal 

7 water supply from a severe wildfire.’’; and 

8 (3) by inserting after paragraph (14), as redes9 ignated by paragraph (2), the following new para10 graph: 

11 ‘‘(16) ROCKY MOUNTAIN REGION.—The term 

12 ‘Rocky Mountain region’ means the States of Ari13 zona, Colorado, Idaho, Montana, New Mexico, North 

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

15 (b) FUNDING ALLOCATION PRIORITIZATION FOR

16 FEDERAL LANDS IN ROCKY MOUNTAIN REGION.—Sec17 tion 103(d)(1) of the Healthy Forests Restoration Act of 

18 2003 (16 U.S.C. 6513(d)(1)(B)) is amended by adding at 

19 the end the following new subparagraph: 

20 ‘‘(D) SPECIAL RULE FOR ROCKY MOUN21 TAIN REGION.—The Secretary shall allocate not 

22 less than 70 percent of the funds allocated for 

23 authorized hazardous fuel reduction projects in 

24 the Rocky Mountain region for— 


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

2 interface; and 

3 ‘‘(ii) lands that are in proximity to a 

4 municipal water supply system or a stream 

5 feeding such a system within a municipal 

6 watershed and that have been identified for 

7 such projects in community wildfire protec8 tion plans.’’. 

9 (c) ALTERNATIVE ANALYSIS PROCESS.—Section 

10 104(d)(2) of the Healthy Forests Restoration Act of 2003 

11 (16 U.S.C. 6514(d)(2)) is amended by inserting after ‘‘at12 risk community’’ the following: ‘‘or on any other lands 

13 identified for such a project in a community wildfire pro14 tection plan for an at-risk community in or adjacent to 

15 an insect-emergency area’’. 

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

17 Forests Restoration Act of 2003 is amended— 

18 (1) by redesignating sections 107 and 108 as 

19 sections 109 and 110, respectively; and 

20 (2) by inserting after section 106 the following 

21 new section: 

22 ‘‘SEC. 107. ACTIONS RELATED TO INSECT-EMERGENCY 

23 AREAS. 

24 ‘‘(a) DESIGNATION.— 


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1 ‘‘(1) DESIGNATION AUTHORITY.—The Secretary 

2 may designate insect-emergency areas. The designa3 tion shall be made on the basis of the best informa4 tion available, including observation of relevant in5 sect infestations. 

6 ‘‘(2) INITIATION.—The designation of an in7 sect-emergency area may be made on the initiative 

8 of the Secretary or in response to a request by any 

9 State agency or any political subdivision of a State. 

10 ‘‘(3) DEADLINE.—If a State agency or a polit11 ical subdivision of a State requests an area to be 

12 designated as an insect-emergency area pursuant to 

13 paragraph (2), the decision regarding such request 

14 shall be made no later than 90 days after receipt of 

15 the request. 

16 ‘‘(4) LIMITATION ON DELEGATION.—In the 

17 case of National Forest System lands, the authority 

18 to make a designation under this subsection may be 

19 delegated only to a Regional Forester. 

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 any Federal agency respon24 sible for management of lands within a relevant 


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1 community wildfire protection plan and appropriate 

2 State and local officials; and 

3 ‘‘(2) provide public notice and seek public com4 ments. 

5 ‘‘(c) REVIEW OF DESIGNATION.—Any administrative 

6 or judicial review of a designation made pursuant to sub7 section (a) shall be subject to regulations issued pursuant 

8 to section 105 and to the provisions of section 106. 

9 ‘‘(d) EFFECT OF DETERMINATION.— 

10 ‘‘(1) AUTHORIZED HAZARDOUS FUEL REDUC11 TION PROJECTS.—An authorized hazardous fuel re12 duction project involving lands within an area des13 ignated as an insect-emergency area may be cat14 egorically excluded from documentation in an envi15 ronmental impact statement and environmental as16 sessment under the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.) if— 

18 ‘‘(A) the project involves only lands that 

19 are identified for hazardous-fuel reduction 

20 treatment in a community wildfire protection 

21 plan; and 

22 ‘‘(B) the decision to categorically exclude 

23 the project is made in accordance with applica24 ble extraordinary circumstances procedures esVerDate Aug 31 2005 23:50 Mar 04, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4875.IH H4875

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1 tablished pursuant to section 1508.4 of title 40, 

2 Code of Federal Regulations. 

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 (as contained in section 101(e) 

7 of Public Law 105–277; 16 U.S.C. 2104 note) to 

8 implement a hazardous fuel reduction project in an 

9 insect-emergency area may exceed 10 years, but may 

10 not exceed 15 years. 

11 ‘‘(e) PERSONNEL AUTHORITY.—The Secretary of Ag12 riculture may relocate or reassign personnel of the Forest 

13 Service in order to provide additional personnel to prepare 

14 and carry out applied silvicultural assessments under sec15 tion 404 in response to an insect emergency or to prepare 

16 and implement other appropriate actions involving Federal 

17 lands subject to an insect emergency.’’. 

18 (e) RELATION TO APPEALS REFORM ACT.—Section 

19 105 of the Healthy Forests Restoration Act of 2003 (16 

20 U.S.C. 6515) is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(d) RELATION TO APPEALS REFORM ACT.—Noth23 ing in section 322 of the Department of the Interior and 

24 Related Agencies Appropriations Act, 1999 (Public Law 

25 102–381; 16 U.S.C. 1612 note) shall be construed to reVerDate Aug 31 2005 19:59 Mar 05, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4875.IH H4875

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1 quire administrative review procedures different from, or 

2 in addition to, the procedures established by regulations 

3 issued pursuant to this section for administrative review 

4 of an authorized hazardous fuel reduction project con5 ducted pursuant to section 102 or the designation of an 

6 insect-emergency area pursuant to section 107.’’. 

7 SEC. 4. COMMUNITY WILDFIRE PROTECTION PLAN DEVEL8 OPMENT ASSISTANCE FOR AT-RISK COMMU9 NITIES IN THE ROCKY MOUNTAIN REGION. 

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

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

12 6513) is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(e) PLANNING ASSISTANCE FOR AT-RISK COMMU15 NITIES.—Using amounts made available to the Secretary 

16 of Agriculture under section 35(c) of the Mineral Leasing 

17 Act (30 U.S.C. 191(c)), the Secretary of Agriculture shall 

18 make grants to at-risk communities in the Rocky Moun19 tain region to assist the at-risk communities to prepare 

20 or revise a community wildfire protection plan. The Sec21 retary of Agriculture shall make such grants in consulta22 tion with appropriate State agencies.’’. 

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

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

25 end the following new subsection: 


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1 ‘‘(c) Notwithstanding subsection (a), $5,000,000 of 

2 the monies paid into the Treasury under such subsection 

3 for each of the fiscal years 2006 through 2010 shall be 

4 made available to the Secretary of Agriculture, without 

5 further appropriation and until expended, for obligation 

6 and expenditure pursuant to section 103(e) of the Healthy 

7 Forests Restoration Act of 2003 (16 U.S.C. 6513).’’. 

8 SEC. 5. ADDITIONAL ASSISTANCE FOR PREPARATION OF 

9 COMMUNITY WILDFIRE PROTECTION PLANS. 

10 Subparagraph (L) of section 33(b)(3) of the Federal 

11 Fire Prevention and Control Act of 1974 (15 U.S.C. 

12 2229(b)(3)) is amended to read as follows: 

13 ‘‘(L) To fund fire prevention programs, in14 cluding the development of community wildfire 

15 protection plans (as defined in section 101 of 

16 the Healthy Forests Restoration Act of 2003 

17 (16 U.S.C. 6511)).’’. 

18 SEC. 6. BIOMASS COMMERCIAL UTILIZATION GRANT PRO19 GRAM AND BIOMASS COLLECTION. 

20 (a) GRANT PROGRAM.—Section 203 of the Healthy 

21 Forests Restoration Act of 2003 (16 U.S.C. 6531) is 

22 amended to read as follows: 


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1 ‘‘SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT 

2 PROGRAM. 

3 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of Ag4 riculture may make grants to the owners or operators of 

5 facilities that use biomass— 

6 ‘‘(1) as a raw material to produce electricity, 

7 sensible heat, transportation fuel, or substitutes for 

8 petroleum-based products; 

9 ‘‘(2) for wood-based products; or 

10 ‘‘(3) for other commercial purposes. 

11 ‘‘(b) PRIORITY.—In making grants under this sec12 tion, the Secretary shall give priority to applications sub13 mitted by persons who purchase biomass removed from 

14 lands in insect-emergency areas through an authorized 

15 hazardous fuel reduction project carried out pursuant to 

16 section 102. 

17 ‘‘(c) USE OF GRANT FUNDS.—Grants made pursuant 

18 to this section may be used to offset the costs of pur19 chasing biomass. 

20 ‘‘(d) RELATION TO OTHER AUTHORITIES.—The au21 thority provided by this section is in addition to any other 

22 authority of the Secretary to make grants related to bio23 mass. 

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary 


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1 $10,000,000 for each of fiscal years 2007 through 2010 

2 to make grants under this section.’’. 

3 (b) CENTRAL COLLECTION POINTS.—Title II of the 

4 Healthy Forests Restoration Act of 2003 is amended by 

5 adding at the end the following new section: 

6 ‘‘SEC. 204. ESTABLISHMENT OF CENTRAL COLLECTION 

7 POINTS. 

8 ‘‘(a) ESTABLISHMENT.—To the maximum extent 

9 practicable and consistent with relevant land management 

10 plans, the Secretary shall establish one or more collection 

11 point for the placement of vegetative material removed 

12 from Federal or other lands as part of hazardous fuel re13 duction projects under title I. No collection point shall be 

14 established on any lands not owned by the United States 

15 without the consent of the owner of such lands. 

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

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

18 or otherwise made available to any party who will remove 

19 the material from the collection point. 

20 ‘‘(c) DEFINITION.—In this section, the term ‘‘Sec21 retary’’ means— 

22 ‘‘(1) the Secretary of Agriculture with respect 

23 to lands managed by the Forest Service; and 


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1 ‘‘(2) the Secretary of the Interior with respect 

2 to lands managed by any agency of the Department 

3 of the Interior.’’. 

4 SEC. 7. COOPERATION WITH CERTAIN PRIVATE LAND5 OWNERS. 

6 Title I of the Healthy Forests Restoration Act of 

7 2003 is amended by inserting after section 107, as added 

8 by section 3(d), the following new section: 

9 ‘‘SEC. 108. COOPERATION WITH CERTAIN PRIVATE LAND10 OWNERS. 

11 ‘‘(a) USE OF PRIVATE LANDOWNERS.—The Sec12 retary may award stewardship contracts to or enter into 

13 agreements with owners of lands contiguous to Federal 

14 lands managed by the Secretary under which the land15 owners may carry out a fuel-reduction project or other ac16 tivities on the contiguous Federal lands in order to reduce 

17 the extent to which the Federal lands or other lands could 

18 be affected by wildfires. The agreement shall include such 

19 terms and conditions as the Secretary considers appro20 priate with regard to activities to be performed on the 

21 Federal lands. 

22 ‘‘(b) REIMBURSEMENT.—A stewardship contract or 

23 other agreement under this section may provide for reim24 bursement by the Secretary for costs incurred by the land25 owner related to the fuel-reduction project or other activiVerDate Aug 31 2005 23:50 Mar 04, 2006 Jkt 049196 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4875.IH H4875

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1 ties on the Federal lands. If reimbursement is not pro2 vided, the cost incurred by the landowner shall be treated 

3 as a donation to the United States for purposes of the 

4 Internal Revenue Code of 1986.’’. 

5 SEC. 8. PARTIAL EXCLUSION FROM GROSS INCOME OF PAY6 MENTS RECEIVED AS COMPENSATION FOR 

7 SILVICULTURAL ACTIVITIES IN RESPONSE TO 

8 INSECT-INFESTATION EMERGENCIES. 

9 (a) IN GENERAL.—Part III of subchapter B of chap10 ter 1 of the Internal Revenue Code of 1986 (relating to 

11 items specifically excluded from gross income) is amended 

12 by inserting after section 139A the following new section: 

13 ‘‘SEC. 139B. COMPENSATION FOR SILVICULTURAL ACTIVI14 TIES IN RESPONSE TO INSECT-INFESTATION 

15 EMERGENCIES. 

16 ‘‘(a) GENERAL RULE.—Gross income shall not in17 clude any qualified silvicultural payments. 

18 ‘‘(b) DOLLAR LIMITATION.—The aggregate of the 

19 payments which may be taken into account under sub20 section (a) with respect to a taxpayer for a taxable year 

21 shall not exceed $10,000 ($20,000 in the case of a joint 

22 return). 

23 ‘‘(c) QUALIFIED SILVICULTURAL PAYMENTS.—For 

24 purposes of this section— 


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1 ‘‘(1) IN GENERAL.—The term ‘qualified silvicul2 tural payment’ means any amount received by the 

3 taxpayer during the taxable year as compensation 

4 for work performed in the Rocky Mountain region as 

5 part of— 

6 ‘‘(A) an authorized hazardous fuels reduc7 tion project conducted pursuant to section 102 

8 of the Healthy Forests Restoration Act of 2003 

9 (16 U.S.C. 6512) in an insect-emergency area, 

10 or 

11 ‘‘(B) a silvicultural assessment or other 

12 treatment conducted under section 404 of such 

13 Act (16 U.S.C. 6554) in an insect-emergency 

14 area. 

15 ‘‘(2) DEFINITIONS.—The terms ‘authorized 

16 hazardous fuels reduction project’, ‘insect-emergency 

17 area’, and ‘Rocky Mountain region’ have the mean18 ings given those terms in section 101 of the Healthy 

19 Forests Restoration Act of 2003 (16 U.S.C. 

20 6511).’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for part III of subchapter B of chapter 1 of such Code 

23 is amended by inserting after the item relating to section 

24 139A the following new item: 

‘‘Sec. 139B. Compensation for silvicultural activities in response to beetle emergencies.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2005. 

Æ 


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