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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5192 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5192

 To require the Secretary of Agriculture to designate national forests 
  or portions of national forests in western States as locations for 
demonstration projects to prevent or mitigate the effect of pine beetle 
 infestations and conduct forest restoration activities, to authorize 
the emergency removal of dead and dying trees to address public safety 
risks in western States, to make permanent the stewardship contracting 
  authorities available to the Forest Service, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2010

 Mrs. Lummis 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 require the Secretary of Agriculture to designate national forests 
  or portions of national forests in western States as locations for 
demonstration projects to prevent or mitigate the effect of pine beetle 
 infestations and conduct forest restoration activities, to authorize 
the emergency removal of dead and dying trees to address public safety 
risks in western States, to make permanent the stewardship contracting 
  authorities available to the Forest Service, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forest Ecosystem 
Recovery and Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
 TITLE I--PINE BEETLE PREVENTION AND MITIGATION AND FOREST RESTORATION

Sec. 101. Designation of demonstration project forests.
Sec. 102. Pine beetle prevention and mitigation and forest restoration 
                            demonstration projects.
Sec. 103. Grants to support forest products industry participation in 
                            pine beetle prevention and mitigation and 
                            forest restoration demonstration projects.
Sec. 104. Treatment of biomass removed from demonstration project site.
Sec. 105. Conforming changes to stewardship contracting authority.
Sec. 106. Environmental analysis and decision document.
Sec. 107. Predecisional administrative review process and judicial 
                            review.
Sec. 108. Availability of Reforestation Trust Fund.
Sec. 109. Acceptance of donations.
 TITLE II--GOOD NEIGHBOR AND EMERGENCY ECOSYSTEM, WATERSHED, AND HUMAN 
                     HEALTH AND SAFETY AUTHORITIES

Sec. 201. Designation of insect or disease emergency areas.
Sec. 202. Treatment of biomass removed from insect or disease emergency 
                            areas.
Sec. 203. Use of State foresters to provide forest, rangeland, and 
                            watershed restoration and protection 
                            services on Federal land.
Sec. 204. Removal of dead and dying trees from rights-of-way on Federal 
                            land.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given the term in section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511).
            (2) Covered state.--The term ``covered State'' means the 
        States of Arizona, California, Colorado, Idaho, Montana, 
        Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and 
        Wyoming.
            (3) Demonstration project forest.--The term ``demonstration 
        project forest'' means a unit of the National Forest System or 
        portion of a unit of the National Forest System in a covered 
        State designated by the Secretary under section 101 as the site 
        for demonstration projects under section 102. The term excludes 
        National Forest System land described in section 101(d).
            (4) Demonstration project site.--The term ``demonstration 
        project site'' means a site within a demonstration project 
        forest at which pine beetle prevention and mitigation and 
        forest restoration activities will be conducted under section 
        102.
            (5) Insect or disease emergency area.--The term ``insect or 
        disease emergency area'' means National Forest System land or 
        public land in a covered State designated by the Secretary 
        under section 201 as the site for emergency removal of dead and 
        dying trees under such section.
            (6) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (7) Public land.--The term ``public land'' has the meaning 
        given the term in section 103(e) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702(e)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, except in title II, in which the term means--
                    (A) the Secretary of Agriculture with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior with respect to 
                public land.
            (9) State forester.--The term ``State forester'' means the 
        head of a State agency with jurisdiction over State forestry 
        programs in a covered State.
            (10) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

 TITLE I--PINE BEETLE PREVENTION AND MITIGATION AND FOREST RESTORATION

SEC. 101. DESIGNATION OF DEMONSTRATION PROJECT FORESTS.

    (a) Designation Required.--Using the selection criteria specified 
in subsection (c), the Secretary shall designate 25 demonstration 
project forests in the covered States.
    (b) Distribution of Demonstration Project Forests.--
            (1) In general.--Except as provided in paragraph (2) or 
        (3), each covered State shall contain at least two 
        demonstration project forests.
            (2) Special rule for nevada.--In the case of Nevada, the 
        Secretary shall designate all or a portion of the Humboldt-
        Toiyabe National Forest as a demonstration project forest for 
        that State notwithstanding the selection criteria specified in 
        subsection (c).
            (3) Special rule for south dakota.--In the case of South 
        Dakota, the Secretary shall designate all or a portion of the 
        Black Hills National Forest as a demonstration project forest 
        for that State notwithstanding the selection criteria specified 
        in subsection (c).
            (4) Additional sites.--In addition to the demonstration 
        project forests required by paragraphs (1) through (3), the 
        Secretary shall designate three additional demonstration 
        project forests that the Secretary determines, using the 
        selection criteria specified in subsection (c), has the 
        greatest need for demonstration projects under section 102. No 
        covered State may have more than four demonstration project 
        forests located in whole or in part within that State.
    (c) Selection Criteria.--
            (1) Beetle infestation.--At least one demonstration project 
        forest in each covered State must have a significant beetle 
        infestation rate, to be determined using the most recent forest 
        survey data. Priority shall be given to forests located in 
        counties that the Secretary determines have the greatest need 
        for beetle mitigation or recovery.
            (2) Wildland-urban interface.--To the maximum extent 
        feasible, at least one demonstration project forest in each 
        covered State shall include--
                    (A) a wildland-urban interface with significant 
                beetle infestation; or
                    (B) an area covered by a Community and Wildfire 
                Protection Plan.
            (3) Protection of other valuable land.--To the maximum 
        extent feasible, at least one demonstration project forest in 
        each covered State shall be designated based on its proximity 
        to units of the National Park System, State park units, 
        wilderness areas, or wilderness study areas with the potential 
        of a future beetle infestation in the demonstration project 
        forest spreading to the other land. Nothing in this paragraph 
        affects the law applicable to wilderness or wilderness study 
        areas.
            (4) Use of existing forest infrastructure.--To the maximum 
        extent feasible, the Secretary shall designate as demonstration 
        project forests land on which demonstration project sites will 
        be able to utilize and supply existing forest infrastructure, 
        such as local loggers and mills.
    (d) Certain Lands Excluded.--A demonstration project forest may not 
include National Forest System land--
            (1) that is designated as wilderness;
            (2) that is recommended for wilderness designation in a 
        forest land and resource management plan; or
            (3) on which the removal of vegetation is prohibited or 
        restricted by Act of Congress or Presidential proclamation.
    (e) Deadline for Designation.--The Secretary shall complete the 
designation process within 90 days after the date of the enactment of 
this Act.

SEC. 102. PINE BEETLE PREVENTION AND MITIGATION AND FOREST RESTORATION 
              DEMONSTRATION PROJECTS.

    (a) Desired Future Conditions Report.--The Secretary shall complete 
or update the desired future conditions report for each demonstration 
project forest, with focus on beetle outbreaks and infestation, 
including reducing fire and public health threats and preventing 
infestation in unaffected forest stands.
    (b) Demonstration Project Sites.--The Secretary shall identify 
specific demonstration project sites within each demonstration project 
forest and develop pine beetle prevention, mitigation, or forest 
restoration projects for each demonstration project site. Such projects 
may include projects already in the scoping, planning, or 
implementation process.
    (c) Stewardship Contracts.--
            (1) In general.--Using the authority provided by section 
        347 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; as contained in 
        section 101(e) of division A of Public Law 105-277), the 
        Secretary shall enter into stewardship contracts, in 
        consultation with private industry and State forest managers, 
        that meet the particular needs of each demonstration project 
        site. A stewardship contract shall be no fewer than 7 years, 
        and up to 20 years in duration, and encompass at least 10,000 
        acres, including any insect or disease emergency area also 
        covered by the contract.
            (2) Forest health and restoration.--At least one 
        stewardship contract for each demonstration project forest 
        shall be developed primarily for the purpose of forest health 
        and ecosystem restoration.
            (3) Protection of other valuable land.--At least one 
        stewardship contract for each demonstration project forest 
        shall be developed primarily for the purpose of preventing 
        future bark beetle outbreaks within that forest or preventing 
        the potential future spread of a beetle outbreak to units of 
        the National Park System, State park units, wilderness areas, 
        or wilderness study areas.
    (d) Deadline for Implementation.--Within 270 days after the date of 
the enactment of this Act, the Secretary shall--
            (1) complete the desired future conditions reports required 
        by subsection (a);
            (2) identify initial demonstration project sites under 
        subsection (b); and
            (3) begin entering into stewardship contracts under 
        subsection (c).
    (e) Progress Reports.--Not later than one year after the initial 
identification of a demonstration project site, and every two years 
thereafter, the Secretary shall submit to Congress a report on the 
progress of meeting the desired future conditions for the demonstration 
project site.

SEC. 103. GRANTS TO SUPPORT FOREST PRODUCTS INDUSTRY PARTICIPATION IN 
              PINE BEETLE PREVENTION AND MITIGATION AND FOREST 
              RESTORATION DEMONSTRATION PROJECTS.

    (a) Grants Authorized.--The Secretary may make competitive grants 
to support forest products industry--
            (1) participation in pine beetle prevention and mitigation 
        and forest restoration activities conducted under section 102 
        at demonstration project site within a demonstration project 
        forest; or
            (2) use of forest materials derived from such pine beetle 
        prevention and mitigation and forest restoration activities.
    (b) Use of Grants.--A grant recipient shall use the grant funds 
only to start, restart, or support infrastructure to allow for the 
removal and processing of trees under the terms of a stewardship 
contract developed under section 102.
    (c) Maximum Grant Amount.--Total grant amounts under this section 
for a single demonstration project site may not exceed $3,000,000.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $75,000,000 to make grants under this 
section.

SEC. 104. TREATMENT OF BIOMASS REMOVED FROM DEMONSTRATION PROJECT SITE.

    Any biomass removed from a demonstration project site shall be 
deemed to be renewable biomass for purposes of the renewable fuel 
program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).

SEC. 105. CONFORMING CHANGES TO STEWARDSHIP CONTRACTING AUTHORITY.

    (a) Permanent Stewardship Contracting Authority.--Section 347(a) of 
the Department of the Interior and Related Agencies Appropriations Act, 
1999 (16 U.S.C. 2104 note; as contained in section 101(e) of division A 
of Public Law 105-277) is amended by striking ``Until September 30, 
2013, the'' and inserting ``The''.
    (b) Treatment of Cancellation Costs.--Section 347 of the Department 
of the Interior and Related Agencies Appropriations Act, 1999 (16 
U.S.C. 2104 note; as contained in section 101(e) of division A of 
Public Law 105-277) is amended by adding at the end the following new 
subsection:
    ``(h) Treatment of Cancellation Costs.--
            ``(1) Limitation on obligation.--Notwithstanding any other 
        provision of law, including section 304B of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254c), the Forest Service may not obligate funds to cover the 
        cost of canceling a Forest Service multiyear stewardship 
        contract under subsection (a) until the date on which the 
        multiyear stewardship contract is cancelled.
            ``(2) Costs of cancellation or termination.--The costs of 
        any cancellation or termination of a multiyear stewardship 
        contract described in paragraph (1) may be paid from any 
        appropriations available to the Forest Service. In the event 
        such appropriations are exhausted--
                    ``(A) the exhaustion of such appropriations shall 
                not be considered to be a violation of section 1341 of 
                title 31, United States Code; and
                    ``(B) the Secretary of Agriculture shall seek a 
                supplemental appropriation.''.

SEC. 106. ENVIRONMENTAL ANALYSIS AND DECISION DOCUMENT.

    (a) Requirements.--
            (1) Applicable law.--Except as otherwise provided in this 
        section, the Secretary shall comply with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), any 
        regulations promulgated to carry out that Act, and other 
        applicable laws in designing and conducting pine beetle 
        prevention and mitigation and forest restoration projects for a 
        demonstration project site.
            (2) Single ea or eis.--The Secretary shall prepare a single 
        environmental assessment or environmental impact statement 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for an entire demonstration 
        project site.
            (3) Limited consideration of alternatives.--The Secretary 
        is not required to study, develop, or analyze any alternatives 
        in the environmental assessment or environmental impact 
        statement other than the proposed agency action and the 
        alternative of no action in designing pine beetle prevention 
        and mitigation and forest restoration projects for a 
        demonstration project site.
            (4) Public comment.--In accordance with section 102(2) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)) and the applicable regulations and administrative 
        guidelines, the Secretary shall provide an opportunity for 
        public comment during the preparation of the environmental 
        assessment or environmental impact statement for pine beetle 
        prevention and mitigation and forest restoration projects for a 
        demonstration project site.
    (b) Required Consultation.--
            (1) Compliance with endangered species act of 1973.--
                    (A) In general.--Except as otherwise provided in 
                this section, the Secretary shall comply with section 7 
                of the Endangered Species Act of 1973 (16 U.S.C. 1536) 
                in designing and conducting pine beetle prevention and 
                mitigation and forest restoration projects for a 
                demonstration project site.
                    (B) Deadline for completion.--If the consultation 
                required under this paragraph is not completed by the 
                date on which the decision document is issued under 
                subsection (c), the applicable biological assessment 
                from the land management agency shall be considered to 
                be sufficient for the purposes of section 7 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1536).
            (2) Other required consultation.--
                    (A) In general.--Any consultation required under 
                any other laws, such as the National Historic 
                Preservation Act (16 U.S.C. 470 et seq.), may proceed 
                simultaneously with the design of the pine beetle 
                prevention and mitigation and forest restoration 
                project.
                    (B) Incorporation.--To the extent feasible, 
                practicable, and consistent with the objectives of the 
                pine beetle prevention and mitigation and forest 
                restoration project, the results of any consultation 
                required under subparagraph (A) shall be immediately 
                incorporated into the project.
    (c) Public Notice and Meeting.--
            (1) Public notice.--The Secretary shall provide notice of 
        each pine beetle prevention and mitigation and forest 
        restoration project in accordance with applicable regulations 
        and administrative guidelines.
            (2) Public meeting.--During the preparation stage of the 
        pine beetle prevention and mitigation and forest restoration 
        project, the Secretary shall--
                    (A) conduct a public meeting at an appropriate 
                location in the demonstration project forest in which 
                the project will be conducted; and
                    (B) provide advance notice of the location, date, 
                and time of the meeting.
    (d) Public Collaboration.--In order to encourage meaningful public 
participation during preparation of pine beetle prevention and 
mitigation and forest restoration projects, the Secretary shall 
facilitate collaboration among State and local governments and Indian 
tribes, and participation of interested persons, during the preparation 
of the projects.
    (e) Decision Document.--The Secretary shall sign a decision 
document for a pine beetle prevention and mitigation and forest 
restoration project and provide notice of the final agency actions.
    (f) Implementation.--The Secretary shall implement the pine beetle 
prevention and mitigation and forest restoration project as soon as 
practicable after the issuance of the decision document, subject only 
to the availability of funds for the project.

SEC. 107. PREDECISIONAL ADMINISTRATIVE REVIEW PROCESS AND JUDICIAL 
              REVIEW.

    Sections 105 and 106 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6515, 6516) shall apply to pine beetle prevention and 
mitigation and forest restoration projects for a demonstration project 
site.

SEC. 108. AVAILABILITY OF REFORESTATION TRUST FUND.

    (a) Inapplicability of Limitation on Transfers.--Section 303(b)(2) 
of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) shall not apply to limit 
the transfer of amounts to the Reforestation Trust Fund until such date 
as the Secretary notifies the Secretary of the Treasury that funds are 
no longer needed to design and conduct pine beetle prevention and 
mitigation and forest restoration projects at demonstration project 
sites.
    (b) Availability of Reforestation Trust Fund.--Amounts transferred 
to the Reforestation Trust Fund for a fiscal year in excess of 
$30,000,000 shall be available to the Secretary to carry out this 
title.

SEC. 109. ACCEPTANCE OF DONATIONS.

    (a) Authority To Accept Gifts and Donations.--Subject to subsection 
(b), the Secretary may accept gifts and donations for purposes of 
defraying the costs of carrying out this title. The Secretary may 
solicit donations--
            (1) at National Forest System visitor centers; and
            (2) in connection with the issuance of hunting and fishing 
        licenses or campground reservations.
    (b) Limitation.--The Secretary may not accept a gift or donation 
under subsection (a) if acceptance of the gift or donation would 
compromise or appear to compromise--
            (1) the ability of the Forest Service or any employee of 
        the Forest Service to carry out the responsibility or duty of 
        the Forest Service in a fair and objective manner; or
            (2) the integrity of any program of the Forest Service or 
        of any person involved in such a program.
    (c) Criteria for Acceptance.--The Secretary shall prescribe written 
guidance setting forth the criteria to be used in determining whether 
the acceptance of a gift or donation would have a result described in 
subsection (b).
    (d) Crediting of Donations.--Funds accepted by the Secretary under 
section (a) shall be credited to appropriations available to carry out 
this title.

 TITLE II--GOOD NEIGHBOR AND EMERGENCY ECOSYSTEM, WATERSHED, AND HUMAN 
                     HEALTH AND SAFETY AUTHORITIES

SEC. 201. DESIGNATION OF INSECT OR DISEASE EMERGENCY AREAS.

    (a) Designation Authorized.--Using the selection criteria specified 
in subsection (c), the Secretary may designate National Forest System 
land or public land in a covered State as an insect or disease 
emergency area from which dead and dying trees may be removed in 
response to threats to human health and safety.
    (b) Consideration of Designation Proposals.--The Secretary 
concerned shall accept and consider proposals for the designation of 
insect or disease emergency areas submitted by--
            (1) the Governor of a covered State;
            (2) a State forester;
            (3) a Water Conservation District; or
            (4) an at-risk community.
    (c) Selection Criteria.--The Secretary may designate an insect or 
disease emergency area if the Secretary determines that an excessive 
number of dead and dying trees on the National Forest System land or 
public land to be designated has resulted in an unacceptable threat of 
fire or falling trees on campgrounds, roadways, power lines, 
watersheds, at-risk communities, or wildland-urban interface areas or 
other unacceptable threats to human health and safety.
    (d) Certain Lands Excluded.--An insect or disease emergency area 
may not include National Forest System land or public land--
            (1) that is designated as wilderness;
            (2) that is recommended for wilderness designation in a 
        forest land and resource management plan; or
            (3) on which the removal of vegetation is prohibited or 
        restricted by Act of Congress or Presidential proclamation.
    (e) Effect of Designation.--For the one-year period beginning on 
the date of the designation of an insect or disease emergency area, 
projects for the removal of dead and dying trees in the insect or 
disease emergency area shall be categorically excluded from 
documentation in an environmental impact statement and environmental 
assessment under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if the decision to categorically exclude the 
project is made in accordance with applicable extraordinary 
circumstances procedures established pursuant to section 1508.4 of 
title 40, Code of Federal Regulations.

SEC. 202. TREATMENT OF BIOMASS REMOVED FROM INSECT OR DISEASE EMERGENCY 
              AREAS.

    Any biomass removed from an insect or disease emergency area shall 
be deemed to be renewable biomass for purposes of the renewable fuel 
program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).

SEC. 203. USE OF STATE FORESTERS TO PROVIDE FOREST, RANGELAND, AND 
              WATERSHED RESTORATION AND PROTECTION SERVICES ON FEDERAL 
              LAND.

    (a) Cooperative Agreements and Contracts Authorized.--The Secretary 
may enter into a cooperative agreement or contract (including a sole 
source contract) with the State forester of a covered State to 
authorize the State forester to provide forest, rangeland, and 
watershed restoration and protection services described in subsection 
(b) on the National Forest System land or public land covered by the 
agreement or contract.
    (b) Authorized Services.--Forest, rangeland, and watershed 
restoration and protection services authorized by subsection (a) 
include the conduct of--
            (1) activities to treat insect infected trees;
            (2) activities to reduce hazardous fuels; and
            (3) any other activities to restore or improve forest, 
        rangeland, and watershed health, including fish and wildlife 
        habitat.
    (c) State as Agent.--Except as provided in subsection (f), a 
cooperative agreement or contract entered into under subsection (a) may 
authorize the State forester to serve as the agent for the Secretary in 
providing the restoration and protection services authorized under the 
agreement or contract.
    (d) Subcontracts.--In accordance with applicable contract 
procedures for the covered State, a State forester may enter into 
subcontracts to provide the restoration and protection services 
authorized under a cooperative agreement or contract entered into under 
subsection (a).
    (e) Timber Sales.--Subsections (d) and (g) of section 14 of the 
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply 
to services performed under a cooperative agreement or contract entered 
into under subsection (a).
    (f) Retention of NEPA Responsibilities.--Any decision required to 
be made under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any restoration and protection services 
to be provided by a State forester under a cooperative agreement or 
contract entered into under subsection (a) on National Forest System 
land or public land shall not be delegated to a State forester or any 
other officer or employee of the covered State.
    (g) Applicable Law.--The restoration and protection services to be 
provided under this section shall be carried out on a project-to-
project basis under existing authorities of the Forest Service or 
Bureau of Land Management, as applicable.
    (h) Termination.--
            (1) Termination of authority.--The authority of the 
        Secretary to enter into cooperative agreements and contracts 
        under this section terminates on September 30, 2018.
            (2) Contract termination date.--The termination date of a 
        cooperative agreement or contract entered into under this 
        section shall not extend beyond September 30, 2019.

SEC. 204. REMOVAL OF DEAD AND DYING TREES FROM RIGHTS-OF-WAY ON FEDERAL 
              LAND.

    (a) Cooperative Agreements and Contracts Authorized.--The Secretary 
may enter into a cooperative agreement, memorandum of understanding, or 
contract (including a sole source contract) with a State department of 
transportation, State or Federal public utility commission, or private 
utility company to authorize the removal of dead and dying trees from a 
right-of-way held by the department, commission, or company on National 
Forest System land or public land in a covered State.
    (b) Hold Harmless.--Until a cooperative agreement, memorandum of 
understanding, or contract is entered into with a private utility 
company for the removal of dead and dying trees from rights-of-way held 
by the company on National Forest System land or public land in a 
covered State, the company shall not be liable for damages resulting 
from fallen dead or dying trees on any right-of-way held by the company 
on National Forest System land or public land within any beetle 
infested area.
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