I 

110TH CONGRESS 

2D SESSION H. R. 5241 

To amend the Healthy Forests Restoration Act of 2003 to authorize the 

Secretary of Agriculture and the Secretary of the Interior to take expedited action to reduce the increased risk of severe wildfires to Colorado 

communities, water supplies, and infrastructure in or near forested areas 

most severely affected by infestations of bark beetles and other insects, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2008 

Mr. UDALL of Colorado 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 amend the Healthy Forests Restoration Act of 2003 

to authorize the Secretary of Agriculture and the Secretary of the Interior to take expedited action to reduce 

the increased risk of severe wildfires to Colorado communities, water supplies, and infrastructure in or near forested areas most severely 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Colorado Forest Insect 

3 Emergency Response Act of 2008’’. 

4 SEC. 2. RESPONSE TO SEVERE INFESTATIONS OF BARK 

5 BEETLES AND OTHER INSECTS ON FEDERAL 

6 LAND IN COLORADO. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) Fire and bark beetles and other insects that 

9 feed on trees are natural parts of Colorado’s forest 

10 ecology that have some beneficial effects and help 

11 shape the forests by thinning dense tree stands and 

12 promoting cyclical re-growth. 

13 (2) However, in various parts of Colorado, 

14 large-scale infestations of bark beetles and other in15 sects, in combination with other factors, have in16 creased the likelihood of unusually severe wildfires 

17 that pose a threat to lives and property in nearby 

18 communities and to municipal water supplies and 

19 other infrastructure. 

20 (3) The Healthy Forests Restoration Act of 

21 2003 (Public Law 108–148; 16 U.S.C. 6501 et seq.) 

22 was enacted to address the need to reduce the vol23 ume of fuel that can feed the most severe wildfires 

24 that threaten communities. 

25 (4) The modification of some provisions of the 

26 Healthy Forests Restoration Act of 2003 will help to 


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1 further expedite action to reduce the risks of severe 

2 wildfires to Colorado communities, water supplies, 

3 and infrastructure in or near forested areas most se4 verely affected by infestations of bark beetles and 

5 other insects. 

6 (b) INSECT-EMERGENCY AREA DEFINED.—Section 

7 101 of the Healthy Forests Restoration Act of 2003 (16 

8 U.S.C. 6511) is amended— 

9 (1) by redesignating paragraphs (12) through 

10 (16) as paragraphs (13) through (17), respectively; 

11 and 

12 (2) by inserting after paragraph (11) the fol13 lowing new paragraph: 

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

15 ‘insect-emergency area’ means an area of Federal 

16 land in Colorado designated by the Secretary pursu17 ant to section 107.’’. 

18 (c) ALTERNATIVE ANALYSIS PROCESS.—Section 

19 104(d)(2) of the Healthy Forests Restoration Act of 2003 

20 (16 U.S.C. 6514(d)(2)) is amended by inserting after ‘‘at21 risk community’’ the following: ‘‘or on any other lands 

22 identified for such a project in a community wildfire pro23 tection plan for an at-risk community in or adjacent to 

24 an insect-emergency area’’. 


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1 (d) RESPONSE TO INSECT EMERGENCIES.—Title I of 

2 the Healthy Forests Restoration Act of 2003 is amend3 ed— 

4 (1) by redesignating sections 107 and 108 as 

5 sections 108 and 109, respectively; and 

6 (2) by inserting after section 106 (16 U.S.C. 

7 6516) the following new section: 

8 ‘‘SEC. 107. COLORADO INSECT-EMERGENCY AREAS. 

9 ‘‘(a) DESIGNATION OF INSECT-EMERGENCY

10 AREAS.— 

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

12 may designate an area of Federal land in Colorado 

13 as an insect-emergency area if— 

14 ‘‘(A) the Secretary determines that the 

15 area is subject to a widespread infestation of 

16 bark beetles or other insects; 

17 ‘‘(B) the Secretary determines that the 

18 area is characterized by insect-induced tree 

19 mortality that has, or within one year of the de20 termination will have, produced a condition 

21 such that an immediate reduction in hazardous 

22 fuels is required in order to reduce the risks to 

23 human life and property or to a municipal 

24 water supply from a severe wildfire; and 


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1 ‘‘(C) the area is identified for hazardous 

2 fuel reduction treatment in a community wild3 fire protection plan. 

4 ‘‘(2) CRITERIA.—The determinations required 

5 by subparagraphs (A) and (B) of paragraph (1) 

6 shall be made on the basis of the best information 

7 available, including observation of relevant insect in8 festations. 

9 ‘‘(3) LIMITATION ON DELEGATION.—In the 

10 case of National Forest System lands, the authority 

11 to designate an insect-emergency area may be dele12 gated only to a Regional Forester. 

13 ‘‘(b) INITIATION OF DESIGNATION PROCESS.— 

14 ‘‘(1) INITIATION.—The designation of an in15 sect-emergency area may be made on the initiative 

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

17 agency of the State of Colorado or a political sub18 division thereof. 

19 ‘‘(2) DEADLINE.—If a request for designation 

20 is initiated by the State or a political subdivision 

21 thereof, the Secretary shall issue a decision regard22 ing the request not later than 90 days after receipt 

23 of the request. 

24 ‘‘(c) CONSULTATION AND PUBLIC COMMENT.—Be25 fore making the determinations required by subparaVerDate Aug 31 2005 23:33 Feb 07, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5241.IH H5241

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1 graphs (A) and (B) of paragraph (1) of subsection (a) 

2 with respect to an area, the Secretary shall— 

3 ‘‘(1) consult with any Federal agency respon4 sible for management of lands within a relevant 

5 community wildfire protection plan and appropriate 

6 State and local officials; and 

7 ‘‘(2) provide public notice and seek public com8 ments on the possible determinations. 

9 ‘‘(d) REVIEW OF DESIGNATION.—Any administrative 

10 or judicial review of the decision of the Secretary to des11 ignate an insect-emergency area shall be subject to regula12 tions issued pursuant to section 105 and to the provisions 

13 of section 106. 

14 ‘‘(e) AUTHORIZED HAZARDOUS FUEL REDUCTION

15 PROJECTS IN DESIGNATED AREAS.—An authorized haz16 ardous fuel reduction project involving only lands within 

17 an insect-emergency area may be categorically excluded 

18 from documentation in an environmental impact state19 ment and environmental assessment under the National 

20 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

21 seq.) if— 

22 ‘‘(1) the project involves only lands that are 

23 identified for hazardous-fuel reduction treatment in 

24 a community wildfire protection plan; and 


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1 ‘‘(2) the decision to categorically exclude the 

2 project is made in accordance with applicable ex3 traordinary circumstances procedures established 

4 pursuant to section 1508.4 of title 40, Code of Fed5 eral Regulations.’’. 

Æ 


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