I 

109TH CONGRESS 

2D SESSION H. R. 5305 

To address the forest and watershed emergency in the State of Colorado 

that has been exacerbated by the bark beetle infestation, to provide 

for the conduct of activities in the State to reduce the risk of wildfire 

and flooding, to promote economically healthy rural communities by 

reinvigorating the forest products industry in the State, to encourage 

the use of biomass fuels for energy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Mrs. MUSGRAVE (for herself and Mr. BEAUPREZ) introduced the following bill; 

which was referred to the Committee on Resources, and in addition to 

the Committees on Agriculture, Energy and Commerce, and Transportation and Infrastructure, 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 the forest and watershed emergency in the State 

of Colorado that has been exacerbated by the bark beetle 

infestation, to provide for the conduct of activities in 

the State to reduce the risk of wildfire and flooding, 

to promote economically healthy rural communities by 

reinvigorating the forest products industry in the State, 

to encourage the use of biomass fuels for energy, 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 ‘‘Headwaters Protection and Restoration Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Measures to address forest and watershed emergencies in Colorado. 

Sec. 5. Response to emergency events on public land in Colorado. 

Sec. 6. Availability and use of emergency event procedures. 

Sec. 7. Measures to improve the long-term health of the forests. 

Sec. 8. Assistance to communities and private landowners. 

Sec. 9. Reports. 

Sec. 10. Authorization of appropriations. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the vast natural resources of the State of 

9 Colorado are threatened by the serious risk of cata10 strophic wildfire, subsequent flooding, and destruc11 tion of, or damage to, watersheds posed by the 

12 1,500,000 acres of trees that have been killed by 

13 bark beetles and the additional 6,300,000 acres of 

14 hazardous fuels that have accumulated over the 20 

15 years preceding the date of enactment of this Act; 

(2) well over 1 16 ⁄2 of the 14,500,000 acres of na17 tional forest land in the State is at increased risk of 

18 catastrophic wildfire; 

19 (3) the risk is greatly compounded by several 

20 years of drought and the fact that the most serious 

21 bark beetle infestations include 3 of the 4 major waVerDate Aug 31 2005 18:20 May 07, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5305.IH H5305

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1 tersheds in the State, which poses a grave threat to 

2 communities and the mountain reservoirs that sup3 ply the drinking water of the State; 

4 (4) threats to the watersheds of the State could 

5 translate to problems in other Western States down6 stream; 

7 (5) Colorado could be called ‘‘the Headwaters 

8 State’’, because the State is the origin point of 

9 major rivers flowing both east and west and the 

10 source of a vast amount of the water of the United 

11 States; 

12 (6) the Colorado Rocky Mountains create the 

13 headwaters for 4 regional watersheds that eventually 

14 supply water to approximately 19 Western States; 

15 (7) the State has already experienced major 

16 damage to municipal water reservoirs from repeated 

17 flooding and watershed damage and destruction 

18 after catastrophic wildfires that have cost hundreds 

19 of millions of dollars; 

20 (8) in addition to the risk to public health and 

21 safety, the economic health of the State is threat22 ened by the loss of healthy green forests, which are 

23 essential to the mountain tourism industry of the 

24 State; 


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1 (9) the Federal agencies that manage the ma2 jority of the affected land need to adopt an acceler3 ated pace to reduce the public health and safety risk 

4 as soon as possible; 

5 (10) additional funds are necessary to accom6 plish the needed work, but merely increasing funding 

7 would not address the larger problem facing the 

8 State, which is the lack of necessary forest product 

9 industry to adequately handle the amount and vari10 ety of material requiring removal from the forests; 

11 (11) the long years of reduced harvesting and 

12 thinning of forests in the State have led to a precipi13 tous decline in forest businesses to the extent that 

14 there are very few forest businesses remaining in the 

15 State that have the infrastructure and ability to 

16 process the varied forest products that result when 

17 harvesting does occur; 

18 (12) although the State has an ample potential 

19 supply of wood and a high demand for sawn wood 

20 products, the State actually imports more than 90 

21 percent of its timber and wood products; 

22 (13) the reliance on imported timber and wood 

23 products is directly related to the lack of a con24 sistent supply of raw material from national forests, 

25 losses in mill locations, and the decline in processing 


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1 facilities, especially for post and pole size material, 

2 in the State; 

3 (14) the absence of an adequate market for 

4 small diameter materials and wood chips is a serious 

5 problem as the need to thin forests of hazardous fuel 

6 grows across the State; 

7 (15) steady, judicious, and effective forest man8 agement over time is a much better and more cost 

9 effective strategy than dealing with the management 

10 of catastrophic events under emergency cir11 cumstances; 

12 (16) in the few years preceding the date of en13 actment of this Act, 3 major Colorado fires cost the 

14 Federal Government $125,000,000 for suppression 

15 and emergency restoration actions, not including the 

16 value of destroyed timber, habitat loss, and dev17 astated landscapes and destruction of private prop18 erty; 

19 (17) additional benefits of sound forestry man20 agement include— 

21 (A) reducing the magnitude of the crisis 

22 during the next bark beetle epidemic; 

23 (B) creating a market sufficient to provide 

24 jobs in rural areas; and 


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1 (C) reducing the amount of wood imported 

2 into the State; and 

3 (18) to address the immediate crisis and the 

4 longer-term need for more effective forest manage5 ment in the State, it is necessary to— 

6 (A) provide financial assistance; 

7 (B) assure a sustained harvest of forest 

8 products; 

9 (C) establish a self-sustaining Forest 

10 Health Fund for the State; 

11 (D) reestablish adequate forest processing 

12 infrastructure in the State; 

13 (E) develop a diversified forest products 

14 market and encourage woody biomass industry 

15 to supply a reliable source of renewable energy; 

16 and 

17 (F) encourage the woody biomass industry 

18 to supply a reliable source of renewable energy 

19 by removing a requirement for a full permit re20 view that is a disincentive for power companies 

21 that may want to switch to cogeneration using 

22 woody biomass. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk 

2 community’’ has the meaning given the term in sec3 tion 101 of the Healthy Forests Restoration Act of 

4 2003 (16 U.S.C. 6511). 

5 (2) EMERGENCY EVENT.—The term ‘‘emer6 gency event’’ means any drought, insect or disease 

7 outbreak, natural disaster (such as a landslide, 

8 mudslide, tornado, windstorm, snow or ice storm, 

9 rain storm, high water, or wind-driven water), or 

10 any fire, flood, or explosion, regardless of cause, that 

11 the Secretary concerned determines has caused or 

12 will cause damage of significant severity and mag13 nitude to Federal land or adjacent non-Federal land. 

14 (3) EMERGENCY EVENT PROCEDURES.—The 

15 term ‘‘emergency event procedures’’ means any pro16 cedures that as, determined by the Secretary con17 cerned under section 6, may be employed to facili18 tate the response to emergency events on Federal 

19 land or adjacent non-Federal land in the State dur20 ing the period of fiscal years 2007 through 2011. 

21 (4) FUND.—The term ‘‘Fund’’ means the Colo22 rado Forest Health Fund established by section 

23 7(c)(1). 

24 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

25 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 (6) MUNICIPAL WATER SUPPLY SYSTEM.—The 

4 term ‘‘municipal water supply system’’ has the 

5 meaning given the term in section 101 of the 

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

7 6511). 

8 (7) SECRETARY CONCERNED.—The term ‘‘Sec9 retary concerned’’ means— 

10 (A) with respect to National Forest Sys11 tem land, the Secretary of Agriculture— 

12 (i) acting through the Forest Super13 visor of the applicable unit of the National 

14 Forest System for the purposes of sections 

15 5 and 6; and 

16 (ii) acting through the Chief of the 

17 Forest Service for the purposes of any 

18 other section; and 

19 (B) with respect to land managed by the 

20 Bureau of Land Management (including land 

21 held for the benefit of an Indian tribe), the Na22 tional Park Service, or the United States Fish 

23 and Wildlife Service, the Secretary of the Inte24 rior. 


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1 (8) SMALL BUSINESS CONCERN.—The term 

2 ‘‘small business concern’’ has the meaning given the 

3 term in section 3 of the Small Business Act (15 

4 U.S.C. 632). 

5 (9) STATE.—The term ‘‘State’’ means the State 

6 of Colorado. 

7 (10) WILDLAND-URBAN INTERFACE.—The term 

8 ‘‘wildland-urban interface’’ has the meaning given 

9 the term in section 101 of the Healthy Forests Res10 toration Act of 2003 (16 U.S.C. 6511). 

11 SEC. 4. MEASURES TO ADDRESS FOREST AND WATERSHED 

12 EMERGENCIES IN COLORADO. 

13 (a) EMERGENCY EVENT PROCEDURES.—During the 

14 period of fiscal years 2007 through 2011, in response to 

15 watershed and forest emergencies, the Secretary con16 cerned shall consider the use of the emergency event pro17 cedures for the State in accordance with sections 5 and 

18 6. 

19 (b) HAZARDOUS FUEL REDUCTION AND BARK BEE20 TLE RESPONSE PROJECTS.—The Secretary concerned 

21 may carry out projects in the State to— 

22 (1) reduce hazardous fuels; or 

23 (2) prevent the spread of bark beetles to adja24 cent trees that are in danger of being infested. 


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1 SEC. 5. RESPONSE TO EMERGENCY EVENTS ON PUBLIC 

2 LAND IN COLORADO. 

3 (a) EMERGENCY EVENT PROPOSALS.—With respect 

4 to each emergency event, the Secretary concerned may— 

5 (1) prepare an emergency event proposal that 

6 contains proposed projects to respond to the emer7 gency event; or 

8 (2) receive and consider a similarly-prepared 

9 proposal from— 

10 (A) the Governor of the State; 

11 (B) the State Forester; 

12 (C) a Water Conservation District; or 

13 (D) an at-risk community. 

14 (b) EMERGENCY EVENT EVALUATIONS.— 

15 (1) IN GENERAL.—The Secretary concerned 

16 may conduct an emergency event evaluation in re17 sponse to— 

18 (A) an emergency event that— 

19 (i) may require emergency event pro20 cedures; and 

21 (ii) affects— 

22 (I) a municipal water supply sys23 tem; 

24 (II) a wildland-urban interface; 

25 or 


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1 (III) other public or private prop2 erty that the Secretary concerned de3 termines has caused or will cause 

4 damage of significant severity and 

5 magnitude to Federal land or adjacent 

6 non-Federal land; or 

7 (B) a request for an emergency event eval8 uation for an affected area described in sub9 paragraph (A)(ii) from 1 of the entities de10 scribed in subsection (a)(2)(B). 

11 (2) NOTIFICATION.—Concurrently, upon initi12 ating the emergency event evaluation under para13 graph (1), the Secretary shall notify— 

14 (A) affected public agencies; 

15 (B) affected local governments and enti16 ties; 

17 (C) affected communities; 

18 (D) affected water conservation districts; 

19 and 

20 (E) other affected parties. 

21 (c) DETERMINATION.— 

22 (1) IN GENERAL.—For each emergency event 

23 evaluation conducted under subsection (b)(1), the 

24 Secretary concerned shall make a determination of 

25 whether a project proposed under subsection (a) 


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1 should be developed and carried out using emergency 

2 event procedures. 

3 (2) CONSIDERATIONS.—In making a determina4 tion under paragraph (1), the Secretary concerned 

5 shall consider, at a minimum, the following: 

6 (A) The necessity of promptly responding 

7 to the emergency event. 

8 (B) The threat to public health and safety. 

9 (C) The threat to municipal water sup10 plies. 

11 (D) The likelihood of substantial loss of 

12 adjacent private and public property or other 

13 substantial economic losses. 

14 (3) PRIORITY.—In making a determination 

15 under paragraph (1), the Secretary concerned shall 

16 give priority to projects in or adjacent to an area 

17 that is covered by a completed community wildfire 

18 protection plan. 

19 (4) DEADLINE.—Not later than 30 days after 

20 the date on which the Secretary concerned deter21 mines that an emergency event evaluation should be 

22 conducted, the Secretary concerned shall— 

23 (A) complete the emergency event evalua24 tion; and 

25 (B) issue a determination. 


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1 (5) NOTIFICATION.—On issuance of a deter2 mination under paragraph (4)(B), the Secretary 

3 concerned shall simultaneously provide notice of the 

4 determination to— 

5 (A) affected public agencies; 

6 (B) affected local governments and enti7 ties; 

8 (C) affected communities; 

9 (D) affected water conservation districts; 

10 and 

11 (E) other affected parties. 

12 (d) RELATION TO APPEALS REFORM ACT.—Section 

13 105 of the Healthy Forests Restoration Act of 2003 (16 

14 U.S.C. 6515) is amended by adding at the end the fol15 lowing: 

16 ‘‘(d) RELATION TO APPEALS REFORM.—Nothing in 

17 section 322 of the Department of the Interior and Related 

18 Agencies Appropriations Act, 1999 (Public Law 102-381; 

19 16 U.S.C. 1612 note) shall be construed to require admin20 istrative review procedures different from, or in addition 

21 to, the procedures established by regulations issued pursu22 ant to this section and section 6 of the Headwaters Protec23 tion and Restoration Act for administrative review of an 

24 authorized emergency event project carried out in the 

25 State of Colorado during fiscal years 2007 through 2011 


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1 in accordance with the Headwaters Protection and Res2 toration Act.’’. 

3 SEC. 6. AVAILABILITY AND USE OF EMERGENCY EVENT 

4 PROCEDURES. 

5 (a) REQUIREMENTS.— 

6 (1) IN GENERAL.—If the Secretary concerned 

7 determines under section 5(c) to use emergency 

8 event procedures for a project, the Secretary shall 

9 develop and carry out the project in accordance with 

10 this section. 

11 (2) APPLICABLE LAW.—Except as otherwise 

12 provided in this Act, the Secretary concerned shall 

13 comply with the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4331 et seq.), any regulations 

15 promulgated to carry out that Act, and other appli16 cable laws in designing and conducting emergency 

17 event projects. 

18 (3) LIMITED CONSIDERATION OF ALTER19 NATIVES.—If the Secretary concerned determines 

20 under section 5(c)(1) to use emergency event proce21 dures to conduct a project proposed under section 

22 5(a), the Secretary concerned is not required to 

23 study, develop, or analyze any alternatives other 

24 than the proposed agency action and the alternative 

25 of no action in designing the project. 


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1 (b) REQUIRED CONSULTATION.— 

2 (1) COMPLIANCE WITH ENDANGERED SPECIES

3 ACT OF 1973.— 

4 (A) IN GENERAL.—Except as otherwise 

5 provided in this Act, the Secretary concerned 

6 shall comply with section 7 of the Endangered 

7 Species Act of 1973 (16 U.S.C. 1536) in car8 rying out this Act. 

9 (B) DEADLINE FOR COMPLETION.—If the 

10 consultation required under this paragraph is 

11 not completed by the date on which the decision 

12 document is issued under subsection (c), the ap13 plicable biological assessment from the land 

14 management agency shall be considered to be 

15 sufficient for the purposes of section 7 of the 

16 Endangered Species Act of 1973 (16 U.S.C. 

17 1536). 

18 (2) OTHER REQUIRED CONSULTATION.— 

19 (A) IN GENERAL.—Any consultation re20 quired under any other laws, such as the Na21 tional Historic Preservation Act (16 U.S.C. 470 

22 et seq.), may proceed simultaneously with the 

23 design of an emergency event project, or por24 tion of an emergency event project, for which 


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1 emergency event procedures under this section 

2 are used. 

3 (B) INCORPORATION.—To the extent fea4 sible, practicable, and consistent with the re5 sponse objectives of an emergency event project, 

6 the results of any consultation required under 

7 subparagraph (A) shall be immediately incor8 porated into the emergency event project. 

9 (c) ISSUANCE OF DECISION DOCUMENT.—Not later 

10 than 90 days after the date on which the Secretary con11 cerned makes a determination under section 5(c)(1) to de12 velop and carry out an emergency event project, or portion 

13 of an emergency event project, using emergency event pro14 cedures, the Secretary concerned shall— 

15 (1) complete the emergency event procedures 

16 for that emergency event project, or a portion of the 

17 emergency event project, under this section; and 

18 (2) issue a concise decision document that con19 tains the rationale for the agency decision. 

20 (d) IMPLEMENTATION.—The Secretary concerned 

21 shall implement the emergency event procedures as soon 

22 as practicable after the issuance of the decision document 

23 under subsection (c), subject only to the availability of 

24 funds for the emergency event procedures. 


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1 (e) LIMITATIONS ON TREATMENTS.—For the pur2 poses of responding to 1 or more of the events described 

3 in section 5(b), treatment of stands carried out as part 

4 of a project for which emergency event procedures are au5 thorized under this section shall be limited to— 

6 (1) reducing hazardous fuels; or 

7 (2) preventing the spread of bark beetles to ad8 jacent trees that are in danger of being infested. 

9 SEC. 7. MEASURES TO IMPROVE THE LONG-TERM HEALTH 

10 OF THE FORESTS. 

11 (a) PROGRAM.— 

12 (1) IN GENERAL.—The Secretary concerned, in 

13 cooperation with the Colorado State Forester, shall 

14 carry out a program in the State to— 

15 (A) ensure the long-term health of forests 

16 in the State; and 

17 (B) reduce the risk of catastrophic fire, 

18 flooding, and watershed destruction. 

19 (2) REQUIREMENTS.—Under the program, the 

20 Secretary concerned, in cooperation with the Colo21 rado State Forester and other applicable State agen22 cies, shall, at a minimum— 

23 (A) assess priorities in the State for use of 

24 10-year stewardship contracts to initiate revital25 ization of the forest product industry; and 


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1 (B) otherwise cooperate with the Colorado 

2 State Forest Service and the forest products in3 dustry in Colorado to assist in the development 

4 of new markets and marketing of the forest 

5 products industry. 

6 (b) FINANCIAL ASSISTANCE FOR STEWARDSHIP

7 PROJECTS AND SMALL BUSINESSES.—The Secretary con8 cerned shall— 

9 (1) consistently use authority under the 

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

11 6501 et seq.), stewardship contracts, and other long12 term contracts to ensure a sustained supply of raw 

13 wood materials in the State; 

14 (2) provide financial assistance for the upfront 

15 costs of long-term stewardship projects in areas in 

16 which timber values do not provide for recovery 

17 costs; and 

18 (3) provide grants and low-cost loans to eligible 

19 small business concerns in the forest product indus20 try in the State for the costs of start-up activities, 

21 converting equipment, and modifying facilities to en22 able the small business concerns to use wood from 

23 forests in the State. 

24 (c) FOREST HEALTH FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund, to be 

3 known as the ‘‘Colorado Forest Health Fund’’, con4 sisting of— 

5 (A) such amounts as are appropriated to 

6 the Fund under paragraph (2) or any other 

7 law; and 

8 (B) any interest earned on investment of 

9 amounts in the Fund under paragraph (3). 

10 (2) TRANSFERS TO FUND.—Notwithstanding 

11 any other provision of law, beginning in fiscal year 

12 2007 and each fiscal year thereafter, there are ap13 propriated to the Fund an amount equal to 50 per14 cent of the proceeds from the Forest Service sales 

15 of timber in the State. 

16 (3) EXPENDITURES FROM FUND.—On request 

17 by the Secretary of Agriculture, the Secretary of the 

18 Treasury shall transfer from the Fund to the Sec19 retary of Agriculture such amounts as the Secretary 

20 of Agriculture determines are necessary to carry out 

21 measures to improve forest health and reduce haz22 ardous fuels in the State. 

23 (4) INVESTMENT OF AMOUNTS.— 

24 (A) IN GENERAL.—The Secretary of the 

25 Treasury shall invest such portion of the Fund 


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1 as is not, in the judgment of the Secretary of 

2 the Treasury, required to meet current with3 drawals. 

4 (B) INTEREST-BEARING OBLIGATIONS.— 

5 Investments may be made only in interest-bear6 ing obligations of the United States. 

7 (C) ACQUISITION OF OBLIGATIONS.—For 

8 the purpose of investments under subparagraph 

9 (A), obligations may be acquired— 

10 (i) on original issue at the issue price; 

11 or 

12 (ii) by purchase of outstanding obliga13 tions at the market price. 

14 (D) SALE OF OBLIGATIONS.—Any obliga15 tion acquired by the Fund may be sold by the 

16 Secretary of the Treasury at the market price. 

17 (E) CREDITS TO FUND.—The interest on, 

18 and the proceeds from the sale or redemption 

19 of, any obligations held in the Fund shall be 

20 credited to and form a part of the Fund. 

21 (5) TRANSFERS OF AMOUNTS.— 

22 (A) IN GENERAL.—The amounts required 

23 to be transferred to the Fund under this section 

24 shall be transferred at least monthly from the 

25 general fund of the Treasury to the Fund on 


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1 the basis of estimates made by the Secretary of 

2 the Treasury. 

3 (B) ADJUSTMENTS.—Proper adjustment 

4 shall be made in amounts subsequently trans5 ferred, to the extent prior estimates were in ex6 cess of or less than, the amounts required to be 

7 transferred. 

8 (d) RESEARCH.—To improve the long-term health of 

9 forests in the State, the Secretary of Agriculture shall— 

10 (1) provide financial assistance in the form of 

11 grants to— 

12 (A) the Colorado Wood Program of Colo13 rado State University for the conduct of re14 search and development and marketing of forest 

15 products; 

16 (B) the Forest Restoration Institute at 

17 Colorado State University, including assistance 

18 for the conduct of research in higher elevation 

19 forests; and 

20 (C) any other entities that the Secretary of 

21 Agriculture determines to be appropriate; and 

22 (2) acting through the Rocky Mountain Re23 search Station, collaborate with the Forest Restora24 tion Institute at Colorado State University in the 

25 conduct of research on and the development and 


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1 transfer of broader landscape treatment strategies 

2 and ways to integrate best science with community 

3 needs. 

4 (e) AIR PERMIT REVISION EXEMPTION.—Section 

5 504 of the Clean Air Act (42 U.S.C. 7661c) is amended 

6 by adding at the end the following: 

7 ‘‘(g) REVISIONS.—Notwithstanding the regulations 

8 promulgated under section 502(b)(10), if a permittee 

9 seeks to use renewable forest biomass to supplement the 

10 energy sources authorized under the permit— 

11 ‘‘(1) revision and review of the entire permit 

12 shall not be required; and 

13 ‘‘(2) any review and revision of the permit shall 

14 be limited to consideration of the new use.’’. 

15 (f) PERMANENT AUTHORITY FOR FEDERAL AND

16 STATE COOPERATIVE RESTORATION AND PROTECTION IN

17 COLORADO.—Section 331 of the Department of the Inte18 rior and Related Agencies Appropriations Act, 2001 (114 

19 Stat. 996; 118 Stat. 3102) is amended by striking sub20 section (e). 

21 SEC. 8. ASSISTANCE TO COMMUNITIES AND PRIVATE LAND22 OWNERS. 

23 (a) COST-SHARE GRANT PROGRAM FOR PRIVATE

24 LANDOWNERS.— 


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1 (1) IN GENERAL.—The Secretary of Agriculture 

2 shall provide to the Colorado State Forest Service fi3 nancial assistance under the Community and Private 

4 Land Fire Assistance Program established under 

5 section 10A of the Cooperative Forestry Assistance 

6 Act of 1978 (16 U.S.C. 2106c) to establish a grant 

7 program in accordance with paragraph (2). 

8 (2) REQUIREMENTS.—As a condition of receiv9 ing funds under paragraph (1), the Colorado State 

10 Forest Service shall establish a grant program under 

11 which any private landowner in the State may apply 

12 to the Colorado State Forest Service for a grant on 

13 a cost-share basis to improve forest health conditions 

14 on the land of the private landowner, including con15 ditions relating to insects, diseases, and hazardous 

16 fuels. 

17 (3) COST SHARE REQUIREMENT.—A private 

18 landowner applying for a grant under paragraph (2) 

19 shall agree to provide 50 percent of the cost of the 

20 grant. 

21 (4) PRIORITIZATION.—Priority shall be given to 

22 grant applications from private landowners in areas 

23 that have completed community wildfire protection 

24 plans. 


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1 (b) GRANTS FOR THE COLORADO FUELS FOR

2 SCHOOLS.—The Secretary of Agriculture shall provide 

3 grants to the State for the Colorado Fuels for Schools pro4 gram under section 210 of the Energy Policy Act of 2005 

5 (42 U.S.C. 15855)— 

6 (1) to conduct studies at eligible schools in 

7 rural communities to determine the feasibility of in8 stalling and operating biomass boilers at the schools 

9 and other public buildings; and 

10 (2) to assist eligible schools and other public 

11 buildings in rural communities in the installation 

12 and operation of biomass boilers. 

13 SEC. 9. REPORTS. 

14 The Secretary concerned shall submit to Congress a 

15 report on the implementation of sections 4(c) and 6 not 

16 later than November 30, 2007, May 31, 2008, and each 

17 November 30 and May 31 thereafter through 2011. 

18 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to carry out 

20 this Act for the period of fiscal years 2007 through 2011, 

21 $227,000,000, of which— 

22 (1) $150,000,000 shall be made available to the 

23 Secretary of Agriculture to carry out sections 4(b) 

24 and 6; 


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1 (2) $12,000,000 shall be made available to the 

2 Secretary of the Interior to carry out sections 4(b) 

3 and 6; 

4 (3) $2,500,000 shall be made available to the 

5 Secretary of Agriculture to carry out section 5; 

6 (4) $500,000 shall be made available to the 

7 Secretary of the Interior to carry out section 5; 

8 (5) $2,000,000 shall be made available for the 

9 conduct of assessments under section 7(a)(2)(A); 

10 (6) $10,000,000 shall be made available for as11 sistance under section 7(b)(2); 

12 (7) $5,000,000 shall be made available for 

13 grants under section 7(b)(3); 

14 (8) $4,000,000 shall be made available for low15 cost loans under section 7(b)(3); 

16 (9) $5,000,000 shall be made available to pro17 vide assistance under section 7(d)(1)(A); 

18 (10) $3,000,000 shall be made available to pro19 vide assistance to the Forest Restoration Institute at 

20 Colorado State University under section 7(d)(1)(B); 

21 (11) $2,000,000 shall be made available to pro22 vide grants under section 7(d)(1)(C); 

23 (12) $3,000,000 shall be made available to 

24 carry out section 7(d)(2); 


cchase on PROD1PC60 with BILLS
26 

•HR 5305 IH

1 (13) $15,000,000 shall be made available for 

2 assistance under section 8(a); and 

3 (14) $10,000,000 shall be made available for 

4 grants under section 8(b). 

Æ 


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