I 

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. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 5192 IH

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; TABLE OF CONTENTS. 

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

5 ‘‘Forest Ecosystem Recovery and Protection Act’’. 

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

7 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. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

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

11 community’’ has the meaning given the term in sec12 tion 101 of the Healthy Forests Restoration Act of 

13 2003 (16 U.S.C. 6511). 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 5192 IH

1 (2) COVERED STATE.—The term ‘‘covered 

2 State’’ means the States of Arizona, California, Col3 orado, Idaho, Montana, Nevada, New Mexico, Or4 egon, South Dakota, Utah, Washington, and Wyo5 ming. 

6 (3) DEMONSTRATION PROJECT FOREST.—The 

7 term ‘‘demonstration project forest’’ means a unit of 

8 the National Forest System or portion of a unit of 

9 the National Forest System in a covered State des10 ignated by the Secretary under section 101 as the 

11 site for demonstration projects under section 102. 

12 The term excludes National Forest System land de13 scribed in section 101(d). 

14 (4) DEMONSTRATION PROJECT SITE.—The 

15 term ‘‘demonstration project site’’ means a site with16 in a demonstration project forest at which pine bee17 tle prevention and mitigation and forest restoration 

18 activities will be conducted under section 102. 

19 (5) INSECT OR DISEASE EMERGENCY AREA.— 

20 The term ‘‘insect or disease emergency area’’ means 

21 National Forest System land or public land in a cov22 ered State designated by the Secretary under section 

23 201 as the site for emergency removal of dead and 

24 dying trees under such section. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 5192 IH

1 (6) NATIONAL FOREST SYSTEM.—The term 

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

3 the term in section 11(a) of the Forest and Range4 land Renewable Resources Planning Act of 1974 (16 

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

6 (7) PUBLIC LAND.—The term ‘‘public land’’ 

7 has the meaning given the term in section 103(e) of 

8 the Federal Land Policy and Management Act of 

9 1976 (43 U.S.C. 1702(e)). 

10 (8) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Agriculture, except in title II, in 

12 which the term means— 

13 (A) the Secretary of Agriculture with re14 spect to National Forest System land; and 

15 (B) the Secretary of the Interior with re16 spect to public land. 

17 (9) STATE FORESTER.—The term ‘‘State for18 ester’’ means the head of a State agency with juris19 diction over State forestry programs in a covered 

20 State. 

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

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

23 the term in section 101 of the Healthy Forests Res24 toration Act of 2003 (16 U.S.C. 6511). 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 5192 IH

1 TITLE I—PINE BEETLE PREVEN2 TION AND MITIGATION AND 

3 FOREST RESTORATION 

4 SEC. 101. DESIGNATION OF DEMONSTRATION PROJECT 

5 FORESTS. 

6 (a) DESIGNATION REQUIRED.—Using the selection 

7 criteria specified in subsection (c), the Secretary shall des8 ignate 25 demonstration project forests in the covered 

9 States. 

10 (b) DISTRIBUTION OF DEMONSTRATION PROJECT

11 FORESTS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2) or (3), each covered State shall contain at 

14 least two demonstration project forests. 

15 (2) SPECIAL RULE FOR NEVADA.—In the case 

16 of Nevada, the Secretary shall designate all or a por17 tion of the Humboldt-Toiyabe National Forest as a 

18 demonstration project forest for that State notwith19 standing the selection criteria specified in subsection 

20 (c). 

21 (3) SPECIAL RULE FOR SOUTH DAKOTA.—In 

22 the case of South Dakota, the Secretary shall des23 ignate all or a portion of the Black Hills National 

24 Forest as a demonstration project forest for that 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 5192 IH

1 State notwithstanding the selection criteria specified 

2 in subsection (c). 

3 (4) ADDITIONAL SITES.—In addition to the 

4 demonstration project forests required by para5 graphs (1) through (3), the Secretary shall designate 

6 three additional demonstration project forests that 

7 the Secretary determines, using the selection criteria 

8 specified in subsection (c), has the greatest need for 

9 demonstration projects under section 102. No cov10 ered State may have more than four demonstration 

11 project forests located in whole or in part within 

12 that State. 

13 (c) SELECTION CRITERIA.— 

14 (1) BEETLE INFESTATION.—At least one dem15 onstration project forest in each covered State must 

16 have a significant beetle infestation rate, to be deter17 mined using the most recent forest survey data. Pri18 ority shall be given to forests located in counties 

19 that the Secretary determines have the greatest need 

20 for beetle mitigation or recovery. 

21 (2) WILDLAND-URBAN INTERFACE.—To the 

22 maximum extent feasible, at least one demonstration 

23 project forest in each covered State shall include— 

24 (A) a wildland-urban interface with signifi25 cant beetle infestation; or 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 5192 IH

1 (B) an area covered by a Community and 

2 Wildfire Protection Plan. 

3 (3) PROTECTION OF OTHER VALUABLE LAND.— 

4 To the maximum extent feasible, at least one dem5 onstration project forest in each covered State shall 

6 be designated based on its proximity to units of the 

7 National Park System, State park units, wilderness 

8 areas, or wilderness study areas with the potential of 

9 a future beetle infestation in the demonstration 

10 project forest spreading to the other land. Nothing 

11 in this paragraph affects the law applicable to wil12 derness or wilderness study areas. 

13 (4) USE OF EXISTING FOREST INFRASTRUC14 TURE.—To the maximum extent feasible, the Sec15 retary shall designate as demonstration project for16 ests land on which demonstration project sites will 

17 be able to utilize and supply existing forest infra18 structure, such as local loggers and mills. 

19 (d) CERTAIN LANDS EXCLUDED.—A demonstration 

20 project forest may not include National Forest System 

21 land— 

22 (1) that is designated as wilderness; 

23 (2) that is recommended for wilderness designa24 tion in a forest land and resource management plan; 

25 or 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 5192 IH

1 (3) on which the removal of vegetation is pro2 hibited or restricted by Act of Congress or Presi3 dential proclamation. 

4 (e) DEADLINE FOR DESIGNATION.—The Secretary 

5 shall complete the designation process within 90 days after 

6 the date of the enactment of this Act. 

7 SEC. 102. PINE BEETLE PREVENTION AND MITIGATION AND 

8 FOREST RESTORATION DEMONSTRATION 

9 PROJECTS. 

10 (a) DESIRED FUTURE CONDITIONS REPORT.—The 

11 Secretary shall complete or update the desired future con12 ditions report for each demonstration project forest, with 

13 focus on beetle outbreaks and infestation, including reduc14 ing fire and public health threats and preventing infesta15 tion in unaffected forest stands. 

16 (b) DEMONSTRATION PROJECT SITES.—The Sec17 retary shall identify specific demonstration project sites 

18 within each demonstration project forest and develop pine 

19 beetle prevention, mitigation, or forest restoration projects 

20 for each demonstration project site. Such projects may in21 clude projects already in the scoping, planning, or imple22 mentation process. 

23 (c) STEWARDSHIP CONTRACTS.— 

24 (1) IN GENERAL.—Using the authority provided 

25 by section 347 of the Department of the Interior 


tjames on DSKG8SOYB1PROD with BILLS
9 

•HR 5192 IH

1 and Related Agencies Appropriations Act, 1999 (16 

2 U.S.C. 2104 note; as contained in section 101(e) of 

3 division A of Public Law 105–277), the Secretary 

4 shall enter into stewardship contracts, in consulta5 tion with private industry and State forest man6 agers, that meet the particular needs of each dem7 onstration project site. A stewardship contract shall 

8 be no fewer than 7 years, and up to 20 years in du9 ration, and encompass at least 10,000 acres, includ10 ing any insect or disease emergency area also cov11 ered by the contract. 

12 (2) FOREST HEALTH AND RESTORATION.—At 

13 least one stewardship contract for each demonstra14 tion project forest shall be developed primarily for 

15 the purpose of forest health and ecosystem restora16 tion. 

17 (3) PROTECTION OF OTHER VALUABLE LAND.— 

18 At least one stewardship contract for each dem19 onstration project forest shall be developed primarily 

20 for the purpose of preventing future bark beetle out21 breaks within that forest or preventing the potential 

22 future spread of a beetle outbreak to units of the 

23 National Park System, State park units, wilderness 

24 areas, or wilderness study areas. 


tjames on DSKG8SOYB1PROD with BILLS
10 

•HR 5192 IH

1 (d) DEADLINE FOR IMPLEMENTATION.—Within 270 

2 days after the date of the enactment of this Act, the Sec3 retary shall— 

4 (1) complete the desired future conditions re5 ports required by subsection (a); 

6 (2) identify initial demonstration project sites 

7 under subsection (b); and 

8 (3) begin entering into stewardship contracts 

9 under subsection (c). 

10 (e) PROGRESS REPORTS.—Not later than one year 

11 after the initial identification of a demonstration project 

12 site, and every two years thereafter, the Secretary shall 

13 submit to Congress a report on the progress of meeting 

14 the desired future conditions for the demonstration project 

15 site. 

16 SEC. 103. GRANTS TO SUPPORT FOREST PRODUCTS INDUS17 TRY PARTICIPATION IN PINE BEETLE PRE18 VENTION AND MITIGATION AND FOREST RES19 TORATION DEMONSTRATION PROJECTS. 

20 (a) GRANTS AUTHORIZED.—The Secretary may 

21 make competitive grants to support forest products indus22 try— 

23 (1) participation in pine beetle prevention and 

24 mitigation and forest restoration activities conducted 


tjames on DSKG8SOYB1PROD with BILLS
11 

•HR 5192 IH

1 under section 102 at demonstration project site 

2 within a demonstration project forest; or 

3 (2) use of forest materials derived from such 

4 pine beetle prevention and mitigation and forest res5 toration activities. 

6 (b) USE OF GRANTS.—A grant recipient shall use the 

7 grant funds only to start, restart, or support infrastruc8 ture to allow for the removal and processing of trees under 

9 the terms of a stewardship contract developed under sec10 tion 102. 

11 (c) MAXIMUM GRANT AMOUNT.—Total grant 

12 amounts under this section for a single demonstration 

13 project site may not exceed $3,000,000. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary 

16 $75,000,000 to make grants under this section. 

17 SEC. 104. TREATMENT OF BIOMASS REMOVED FROM DEM18 ONSTRATION PROJECT SITE. 

19 Any biomass removed from a demonstration project 

20 site shall be deemed to be renewable biomass for purposes 

21 of the renewable fuel program under section 211(o) of the 

22 Clean Air Act (42 U.S.C. 7545(o)). 


tjames on DSKG8SOYB1PROD with BILLS
12 

•HR 5192 IH

1 SEC. 105. CONFORMING CHANGES TO STEWARDSHIP CON2 TRACTING AUTHORITY. 

3 (a) PERMANENT STEWARDSHIP CONTRACTING AU4 THORITY.—Section 347(a) of the Department of the Inte5 rior and Related Agencies Appropriations Act, 1999 (16 

6 U.S.C. 2104 note; as contained in section 101(e) of divi7 sion A of Public Law 105–277) is amended by striking 

8 ‘‘Until September 30, 2013, the’’ and inserting ‘‘The’’. 

9 (b) TREATMENT OF CANCELLATION COSTS.—Section 

10 347 of the Department of the Interior and Related Agen11 cies Appropriations Act, 1999 (16 U.S.C. 2104 note; as 

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

13 105–277) is amended by adding at the end the following 

14 new subsection: 

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

16 ‘‘(1) LIMITATION ON OBLIGATION.—Notwith17 standing any other provision of law, including sec18 tion 304B of the Federal Property and Administra19 tive Services Act of 1949 (41 U.S.C. 254c), the For20 est Service may not obligate funds to cover the cost 

21 of canceling a Forest Service multiyear stewardship 

22 contract under subsection (a) until the date on 

23 which the multiyear stewardship contract is can24 celled. 

25 ‘‘(2) COSTS OF CANCELLATION OR TERMI26 NATION.—The costs of any cancellation or termiVerDate Mar 15 2010 03:03 May 01, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192

tjames on DSKG8SOYB1PROD with BILLS
13 

•HR 5192 IH

1 nation of a multiyear stewardship contract described 

2 in paragraph (1) may be paid from any appropria3 tions available to the Forest Service. In the event 

4 such appropriations are exhausted— 

5 ‘‘(A) the exhaustion of such appropriations 

6 shall not be considered to be a violation of sec7 tion 1341 of title 31, United States Code; and 

8 ‘‘(B) the Secretary of Agriculture shall 

9 seek a supplemental appropriation.’’. 

10 SEC. 106. ENVIRONMENTAL ANALYSIS AND DECISION DOC11 UMENT. 

12 (a) REQUIREMENTS.— 

13 (1) APPLICABLE LAW.—Except as otherwise 

14 provided in this section, the Secretary shall comply 

15 with the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4331 et seq.), any regulations promul17 gated to carry out that Act, and other applicable 

18 laws in designing and conducting pine beetle preven19 tion and mitigation and forest restoration projects 

20 for a demonstration project site. 

21 (2) SINGLE EA OR EIS.—The Secretary shall 

22 prepare a single environmental assessment or envi23 ronmental impact statement pursuant to section 

24 102(2) of the National Environmental Policy Act of 


tjames on DSKG8SOYB1PROD with BILLS
14 

•HR 5192 IH

1 1969 (42 U.S.C. 4332(2)) for an entire demonstra2 tion project site. 

3 (3) LIMITED CONSIDERATION OF ALTER4 NATIVES.—The Secretary is not required to study, 

5 develop, or analyze any alternatives in the environ6 mental assessment or environmental impact state7 ment other than the proposed agency action and the 

8 alternative of no action in designing pine beetle pre9 vention and mitigation and forest restoration 

10 projects for a demonstration project site. 

11 (4) PUBLIC COMMENT.—In accordance with 

12 section 102(2) of the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4332(2)) and the applicable 

14 regulations and administrative guidelines, the Sec15 retary shall provide an opportunity for public com16 ment during the preparation of the environmental 

17 assessment or environmental impact statement for 

18 pine beetle prevention and mitigation and forest res19 toration projects for a demonstration project site. 

20 (b) REQUIRED CONSULTATION.— 

21 (1) COMPLIANCE WITH ENDANGERED SPECIES

22 ACT OF 1973.— 

23 (A) IN GENERAL.—Except as otherwise 

24 provided in this section, the Secretary shall 

25 comply with section 7 of the Endangered SpeVerDate Mar 15 2010 03:03 May 01, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192

tjames on DSKG8SOYB1PROD with BILLS
15 

•HR 5192 IH

1 cies Act of 1973 (16 U.S.C. 1536) in designing 

2 and conducting pine beetle prevention and miti3 gation and forest restoration projects for a 

4 demonstration project site. 

5 (B) DEADLINE FOR COMPLETION.—If the 

6 consultation required under this paragraph is 

7 not completed by the date on which the decision 

8 document is issued under subsection (c), the ap9 plicable biological assessment from the land 

10 management agency shall be considered to be 

11 sufficient for the purposes of section 7 of the 

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

13 1536). 

14 (2) OTHER REQUIRED CONSULTATION.— 

15 (A) IN GENERAL.—Any consultation re16 quired under any other laws, such as the Na17 tional Historic Preservation Act (16 U.S.C. 470 

18 et seq.), may proceed simultaneously with the 

19 design of the pine beetle prevention and mitiga20 tion and forest restoration project. 

21 (B) INCORPORATION.—To the extent fea22 sible, practicable, and consistent with the objec23 tives of the pine beetle prevention and mitiga24 tion and forest restoration project, the results 

25 of any consultation required under subparaVerDate Mar 15 2010 03:03 May 01, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192

tjames on DSKG8SOYB1PROD with BILLS
16 

•HR 5192 IH

1 graph (A) shall be immediately incorporated 

2 into the project. 

3 (c) PUBLIC NOTICE AND MEETING.— 

4 (1) PUBLIC NOTICE.—The Secretary shall pro5 vide notice of each pine beetle prevention and miti6 gation and forest restoration project in accordance 

7 with applicable regulations and administrative guide8 lines. 

9 (2) PUBLIC MEETING.—During the preparation 

10 stage of the pine beetle prevention and mitigation 

11 and forest restoration project, the Secretary shall— 

12 (A) conduct a public meeting at an appro13 priate location in the demonstration project for14 est in which the project will be conducted; and 

15 (B) provide advance notice of the location, 

16 date, and time of the meeting. 

17 (d) PUBLIC COLLABORATION.—In order to encourage 

18 meaningful public participation during preparation of pine 

19 beetle prevention and mitigation and forest restoration 

20 projects, the Secretary shall facilitate collaboration among 

21 State and local governments and Indian tribes, and par22 ticipation of interested persons, during the preparation of 

23 the projects. 

24 (e) DECISION DOCUMENT.—The Secretary shall sign 

25 a decision document for a pine beetle prevention and mitiVerDate Mar 15 2010 03:03 May 01, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5192.IH H5192

tjames on DSKG8SOYB1PROD with BILLS
17 

•HR 5192 IH

1 gation and forest restoration project and provide notice 

2 of the final agency actions. 

3 (f) IMPLEMENTATION.—The Secretary shall imple4 ment the pine beetle prevention and mitigation and forest 

5 restoration project as soon as practicable after the 

6 issuance of the decision document, subject only to the 

7 availability of funds for the project. 

8 SEC. 107. PREDECISIONAL ADMINISTRATIVE REVIEW PROC9 ESS AND JUDICIAL REVIEW. 

10 Sections 105 and 106 of the Healthy Forests Res11 toration Act of 2003 (16 U.S.C. 6515, 6516) shall apply 

12 to pine beetle prevention and mitigation and forest res13 toration projects for a demonstration project site. 

14 SEC. 108. AVAILABILITY OF REFORESTATION TRUST FUND. 

15 (a) INAPPLICABILITY OF LIMITATION ON TRANS16 FERS.—Section 303(b)(2) of Public Law 96–451 (16 

17 U.S.C. 1606a(b)(2)) shall not apply to limit the transfer 

18 of amounts to the Reforestation Trust Fund until such 

19 date as the Secretary notifies the Secretary of the Treas20 ury that funds are no longer needed to design and conduct 

21 pine beetle prevention and mitigation and forest restora22 tion projects at demonstration project sites. 

23 (b) AVAILABILITY OF REFORESTATION TRUST

24 FUND.—Amounts transferred to the Reforestation Trust 


tjames on DSKG8SOYB1PROD with BILLS
18 

•HR 5192 IH

1 Fund for a fiscal year in excess of $30,000,000 shall be 

2 available to the Secretary to carry out this title. 

3 SEC. 109. ACCEPTANCE OF DONATIONS. 

4 (a) AUTHORITY TO ACCEPT GIFTS AND DONA5 TIONS.—Subject to subsection (b), the Secretary may ac6 cept gifts and donations for purposes of defraying the 

7 costs of carrying out this title. The Secretary may solicit 

8 donations— 

9 (1) at National Forest System visitor centers; 

10 and 

11 (2) in connection with the issuance of hunting 

12 and fishing licenses or campground reservations. 

13 (b) LIMITATION.—The Secretary may not accept a 

14 gift or donation under subsection (a) if acceptance of the 

15 gift or donation would compromise or appear to com16 promise— 

17 (1) the ability of the Forest Service or any em18 ployee of the Forest Service to carry out the respon19 sibility or duty of the Forest Service in a fair and 

20 objective manner; or 

21 (2) the integrity of any program of the Forest 

22 Service or of any person involved in such a program. 

23 (c) CRITERIA FOR ACCEPTANCE.—The Secretary 

24 shall prescribe written guidance setting forth the criteria 

25 to be used in determining whether the acceptance of a gift 


tjames on DSKG8SOYB1PROD with BILLS
19 

•HR 5192 IH

1 or donation would have a result described in subsection 

2 (b). 

3 (d) CREDITING OF DONATIONS.—Funds accepted by 

4 the Secretary under section (a) shall be credited to appro5 priations available to carry out this title. 

6 TITLE II—GOOD NEIGHBOR AND 

7 EMERGENCY ECOSYSTEM, 

8 WATERSHED, AND HUMAN 

9 HEALTH AND SAFETY AU10 THORITIES 

11 SEC. 201. DESIGNATION OF INSECT OR DISEASE EMER12 GENCY AREAS. 

13 (a) DESIGNATION AUTHORIZED.—Using the selection 

14 criteria specified in subsection (c), the Secretary may des15 ignate National Forest System land or public land in a 

16 covered State as an insect or disease emergency area from 

17 which dead and dying trees may be removed in response 

18 to threats to human health and safety. 

19 (b) CONSIDERATION OF DESIGNATION PROPOSALS.— 

20 The Secretary concerned shall accept and consider pro21 posals for the designation of insect or disease emergency 

22 areas submitted by— 

23 (1) the Governor of a covered State; 

24 (2) a State forester; 

25 (3) a Water Conservation District; or 


tjames on DSKG8SOYB1PROD with BILLS
20 

•HR 5192 IH

1 (4) an at-risk community. 

2 (c) SELECTION CRITERIA.—The Secretary may des3 ignate an insect or disease emergency area if the Secretary 

4 determines that an excessive number of dead and dying 

5 trees on the National Forest System land or public land 

6 to be designated has resulted in an unacceptable threat 

7 of fire or falling trees on campgrounds, roadways, power 

8 lines, watersheds, at-risk communities, or wildland-urban 

9 interface areas or other unacceptable threats to human 

10 health and safety. 

11 (d) CERTAIN LANDS EXCLUDED.—An insect or dis12 ease emergency area may not include National Forest Sys13 tem land or public land— 

14 (1) that is designated as wilderness; 

15 (2) that is recommended for wilderness designa16 tion in a forest land and resource management plan; 

17 or 

18 (3) on which the removal of vegetation is pro19 hibited or restricted by Act of Congress or Presi20 dential proclamation. 

21 (e) EFFECT OF DESIGNATION.—For the one-year pe22 riod beginning on the date of the designation of an insect 

23 or disease emergency area, projects for the removal of 

24 dead and dying trees in the insect or disease emergency 

25 area shall be categorically excluded from documentation 


tjames on DSKG8SOYB1PROD with BILLS
21 

•HR 5192 IH

1 in an environmental impact statement and environmental 

2 assessment under the National Environmental Policy Act 

3 of 1969 (42 U.S.C. 4321 et seq.) if the decision to cat4 egorically exclude the project is made in accordance with 

5 applicable extraordinary circumstances procedures estab6 lished pursuant to section 1508.4 of title 40, Code of Fed7 eral Regulations. 

8 SEC. 202. TREATMENT OF BIOMASS REMOVED FROM IN9 SECT OR DISEASE EMERGENCY AREAS. 

10 Any biomass removed from an insect or disease emer11 gency area shall be deemed to be renewable biomass for 

12 purposes of the renewable fuel program under section 

13 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). 

14 SEC. 203. USE OF STATE FORESTERS TO PROVIDE FOREST, 

15 RANGELAND, AND WATERSHED RESTORA16 TION AND PROTECTION SERVICES ON FED17 ERAL LAND. 

18 (a) COOPERATIVE AGREEMENTS AND CONTRACTS

19 AUTHORIZED.—The Secretary may enter into a coopera20 tive agreement or contract (including a sole source con21 tract) with the State forester of a covered State to author22 ize the State forester to provide forest, rangeland, and wa23 tershed restoration and protection services described in 

24 subsection (b) on the National Forest System land or pub25 lic land covered by the agreement or contract. 


tjames on DSKG8SOYB1PROD with BILLS
22 

•HR 5192 IH

1 (b) AUTHORIZED SERVICES.—Forest, rangeland, and 

2 watershed restoration and protection services authorized 

3 by subsection (a) include the conduct of— 

4 (1) activities to treat insect infected trees; 

5 (2) activities to reduce hazardous fuels; and 

6 (3) any other activities to restore or improve 

7 forest, rangeland, and watershed health, including 

8 fish and wildlife habitat. 

9 (c) STATE AS AGENT.—Except as provided in sub10 section (f), a cooperative agreement or contract entered 

11 into under subsection (a) may authorize the State forester 

12 to serve as the agent for the Secretary in providing the 

13 restoration and protection services authorized under the 

14 agreement or contract. 

15 (d) SUBCONTRACTS.—In accordance with applicable 

16 contract procedures for the covered State, a State forester 

17 may enter into subcontracts to provide the restoration and 

18 protection services authorized under a cooperative agree19 ment or contract entered into under subsection (a). 

20 (e) TIMBER SALES.—Subsections (d) and (g) of sec21 tion 14 of the National Forest Management Act of 1976 

22 (16 U.S.C. 472a) shall not apply to services performed 

23 under a cooperative agreement or contract entered into 

24 under subsection (a). 


tjames on DSKG8SOYB1PROD with BILLS
23 

•HR 5192 IH

1 (f) RETENTION OF NEPA RESPONSIBILITIES.—Any 

2 decision required to be made under the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

4 respect to any restoration and protection services to be 

5 provided by a State forester under a cooperative agree6 ment or contract entered into under subsection (a) on Na7 tional Forest System land or public land shall not be dele8 gated to a State forester or any other officer or employee 

9 of the covered State. 

10 (g) APPLICABLE LAW.—The restoration and protec11 tion services to be provided under this section shall be car12 ried out on a project-to-project basis under existing au13 thorities of the Forest Service or Bureau of Land Manage14 ment, as applicable. 

15 (h) TERMINATION.— 

16 (1) TERMINATION OF AUTHORITY.—The au17 thority of the Secretary to enter into cooperative 

18 agreements and contracts under this section termi19 nates on September 30, 2018. 

20 (2) CONTRACT TERMINATION DATE.—The ter21 mination date of a cooperative agreement or contract 

22 entered into under this section shall not extend be23 yond September 30, 2019. 


tjames on DSKG8SOYB1PROD with BILLS
24 

•HR 5192 IH

1 SEC. 204. REMOVAL OF DEAD AND DYING TREES FROM 

2 RIGHTS-OF-WAY ON FEDERAL LAND. 

3 (a) COOPERATIVE AGREEMENTS AND CONTRACTS

4 AUTHORIZED.—The Secretary may enter into a coopera5 tive agreement, memorandum of understanding, or con6 tract (including a sole source contract) with a State de7 partment of transportation, State or Federal public utility 

8 commission, or private utility company to authorize the 

9 removal of dead and dying trees from a right-of-way held 

10 by the department, commission, or company on National 

11 Forest System land or public land in a covered State. 

12 (b) HOLD HARMLESS.—Until a cooperative agree13 ment, memorandum of understanding, or contract is en14 tered into with a private utility company for the removal 

15 of dead and dying trees from rights-of-way held by the 

16 company on National Forest System land or public land 

17 in a covered State, the company shall not be liable for 

18 damages resulting from fallen dead or dying trees on any 

19 right-of-way held by the company on National Forest Sys20 tem land or public land within any beetle infested area. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS