II 

110TH CONGRESS 

1ST SESSION S. 1797 

To reduce the risks to Colorado communities and water supplies from severe 

wildfires, especially in areas affected by insect infestations, to provide 

model legislation that may be applied to other States experiencing similar 

insect infestations or other forest-related problems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2007 

Mr. SALAZAR (for himself and Mr. ALLARD) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To reduce the risks to Colorado communities and water 

supplies from severe wildfires, especially in areas affected 

by insect infestations, to provide model legislation that 

may be applied to other States experiencing similar insect infestations or other forest-related problems, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Colorado Forest Management Improvement Act of 

6 2007’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—HEALTHY FORESTS RESTORATION ACT OF 2003 AND 

RELATED LAWS 

Sec. 101. Community wildfire protection plan assistance. 

Sec. 102. Central collection points. 

Sec. 103. Biomass commercial utilization grant program. 

Sec. 104. Healthy forest partnerships. 

TITLE II—COLORADO FOREST HEALTH MEASURES 

Sec. 201. Research and other activities. 

Sec. 202. Colorado Forest Health Fund. 

Sec. 203. Grants for Colorado fuels for schools program. 

Sec. 204. Stewardship contracts in Colorado. 

Sec. 205. Permanent authority for Federal and State cooperative restoration 

and protection in Colorado. 

Sec. 206. Preparation of fire-danger maps. 

Sec. 207. Truck weights on Colorado interstate highways. 

TITLE III—TAX PROVISIONS 

Sec. 301. Extension of tax credit for electricity produced from biomass. 

Sec. 302. Partial exclusion from gross income of payments received for certain 

hazardous fuel reduction projects. 

Sec. 303. Deductibility of certain expenditures in connection with implementation of community wildfire protection plans. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to facilitate a more coordinated response by 

6 Federal and State agencies and local governments 

7 and communities to the effects of insect infestations 

8 in forest lands in Colorado so as to reduce the likeli9 hood of loss of life or damage to property or munic10 ipal water supplies from severe wildfires and to im11 prove the management of such lands; and 


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1 (2) to provide a model of legislation that could 

2 be considered for application to other States experi3 encing similar insect infestations or other forest-re4 lated problems. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) FUND.—The term ‘‘Fund’’ means the Colo8 rado Forest Health Fund. 

9 (2) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) the Secretary of Agriculture (acting 

12 through the Chief of the Forest Service), with 

13 respect to National Forest System land; and 

14 (B) the Secretary of the Interior, with re15 spect to land managed by the Bureau of Land 

16 Management and with respect to land held for 

17 the benefit of an Indian tribe. 

18 (3) STATE.—The term ‘‘State’’ means the State 

19 of Colorado. 


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1 TITLE I—HEALTHY FORESTS 

2 RESTORATION ACT OF 2003 

3 AND RELATED LAWS 

4 SEC. 101. COMMUNITY WILDFIRE PROTECTION PLAN AS5 SISTANCE. 

6 (a) PLANNING ASSISTANCE FOR AT-RISK COMMU7 NITIES.— 

8 (1) IN GENERAL.—Section 103 of the Healthy 

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

10 is amended by adding at the end the following new 

11 subsection: 

12 ‘‘(e) PLANNING ASSISTANCE FOR AT-RISK COMMU13 NITIES.— 

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with appropriate State agencies, shall make 

16 grants to at-risk communities in Colorado to assist 

17 the at-risk communities in preparing, revising, or 

18 implementing a community wildfire protection plan. 

19 ‘‘(2) SOURCE OF FUNDS.—The Secretary shall 

20 use amounts made available under section 35(c) of 

21 the Mineral Leasing Act (30 U.S.C. 191(c)) to carry 

22 out this subsection.’’. 

23 (2) FUNDING SOURCE.—Section 35 of the Min24 eral Leasing Act (30 U.S.C. 191) is amended by 

25 adding at the end the following new subsection: 


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1 ‘‘(d) ASSISTANCE FOR AT-RISK COMMUNITIES.— 

2 Notwithstanding the first sentence of subsection (a), 

3 $10,000,000 of the amounts paid into the Treasury under 

4 subsection (a) for each of fiscal years 2008 through 2012 

5 shall be made available to the Secretary, without further 

6 appropriation and until expended, for obligation and ex7 penditure under section 103(e) of the Healthy Forests 

8 Restoration Act of 2003 (16 U.S.C. 6513(e)).’’. 

9 (b) ADDITIONAL ASSISTANCE FOR PREPARATION OF

10 PLANS.—Section 33(b)(3) of the Federal Fire Prevention 

11 and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amend12 ed by striking subparagraph (L) and inserting the fol13 lowing: 

14 ‘‘(L) To fund fire prevention programs, in15 cluding the development and implementation of 

16 community wildfire protection plans (as defined 

17 in section 101 of the Healthy Forests Restora18 tion Act of 2003 (16 U.S.C. 6511)).’’. 

19 SEC. 102. CENTRAL COLLECTION POINTS. 

20 Title I of the Healthy Forests Restoration Act of 

21 2003 is amended by adding at the end the following new 

22 section: 

23 ‘‘SEC. 109. CENTRAL COLLECTION POINTS. 

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

25 practicable, and consistent with relevant land management 


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1 plans, the Secretary shall establish collection points in Col2 orado for the placement of vegetative material removed 

3 from Federal or other land as part of a hazardous fuel 

4 reduction project under this Act. Collection points shall 

5 be located so as to be readily accessible to the public and 

6 so as to take advantage of existing roads and other infra7 structure. 

8 ‘‘(b) CONDITIONS FOR ESTABLISHMENT.—No collec9 tion point shall be established pursuant to this section— 

10 ‘‘(1) if the Secretary determines that transpor11 tation of the vegetative material to or from the pro12 posed collection point would result in an increased 

13 risk of infestation of insects; or 

14 ‘‘(2) on any property not owned by the United 

15 States without the consent of the owner of the prop16 erty. 

17 ‘‘(c) MANAGEMENT.—The Secretary is not required 

18 to manage use of a collection point established under this 

19 section, but may enter into agreements with local govern20 ments, private landowners, or other relevant entities with 

21 regard to such management, including the terms and con22 ditions under which material can be removed from a collec23 tion point. 

24 ‘‘(d) USE.—Vegetative material placed at a collection 

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


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1 or otherwise made available to any individual or entity 

2 that agrees to remove the material from the collection 

3 point. 

4 ‘‘(e) TREATMENT OF REVENUES.—Any revenue col5 lected by the Secretary through sale of material from a 

6 collection point shall be retained by the Secretary and used 

7 for authorized hazardous fuel reduction projects in Colo8 rado.’’. 

9 SEC. 103. BIOMASS COMMERCIAL UTILIZATION GRANT PRO10 GRAM. 

11 The Healthy Forests Restoration Act of 2003 is 

12 amended by striking section 203 (16 U.S.C. 6531) and 

13 inserting the following new section: 

14 ‘‘SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT 

15 PROGRAM. 

16 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 

17 provide to owners or operators of facilities that use bio18 mass, on an annual basis, grants for use in accordance 

19 with subsection (d). 

20 ‘‘(b) ELIGIBLE RECIPIENTS.—A grant shall be 

21 awarded under this section only to an owner or operator 

22 of a facility that uses biomass— 

23 ‘‘(1) as a raw material to produce— 

24 ‘‘(A) electricity; 

25 ‘‘(B) sensible heat; or 


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1 ‘‘(C) transportation fuel; 

2 ‘‘(2) for wood-based products; or 

3 ‘‘(3) for other commercial purposes. 

4 ‘‘(c) PRIORITY.—In making grants under this sec5 tion, the Secretary shall give priority to applications sub6 mitted by individuals or entities that purchase biomass re7 moved from land identified for hazardous fuel reduction 

8 treatments in a community wildfire protection plan 

9 through an authorized hazardous fuel reduction project 

10 carried out under section 102. 

11 ‘‘(d) USE OF GRANT FUNDS.—An owner or operator 

12 who receives a grant under this section may use funds 

13 from the grant to offset the costs of purchasing biomass. 

14 ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.—The 

15 Secretary may exercise the authority provided by this sec16 tion in conjunction with, or in addition to, any other au17 thority of the Secretary to support or stimulate the use 

18 of biomass fuel. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to the Secretary to carry 

21 out this section $5,000,000 for each of fiscal years 2008 

22 through 2012.’’. 


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1 SEC. 104. HEALTHY FOREST PARTNERSHIPS. 

2 The Healthy Forests Restoration Act of 2003 (16 

3 U.S.C. 6501 et seq.) is amended by adding at the end 

4 the following new title: 

5 ‘‘TITLE VII—COLORADO 

6 HEALTHY FOREST PARTNER7 SHIPS 

8 ‘‘SEC. 701. DEFINITIONS. 

9 ‘‘In this title: 

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

11 community’ has the meaning given the term in sec12 tion 101. 

13 ‘‘(2) IMPLEMENTATION PLAN.—The term ‘im14 plementation plan’ means— 

15 ‘‘(A) the plan entitled ‘Implementation 

16 Plan for the Comprehensive Strategy for a Col17 laborative Approach for Reducing Wildland Fire 

18 Risks to Communities and the Environment’ 

19 and dated May 2002; and 

20 ‘‘(B) any amendments to the implementa21 tion plan. 

22 ‘‘(3) NONGOVERNMENTAL COLLABORATIVE

23 GROUP.—The term ‘non-governmental collaborative 

24 group’ means a nongovernmental organization, or a 

25 coalition of organizations or individuals in the State 


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1 of Colorado that, as determined by the Secretary 

2 concerned, represents— 

3 ‘‘(A) a balance of viewpoints among inter4 ested public and private individuals, agencies, 

5 or institutions; 

6 ‘‘(B) a diverse range of knowledge and ex7 perience in issues relating to natural resources; 

8 and 

9 ‘‘(C) a commitment to timely and cost-ef10 fective results. 

11 ‘‘(4) PARTNERING ENTITY.—The term 

12 ‘partnering entity’ means— 

13 ‘‘(A) the State of Colorado (including any 

14 political subdivision of such State) operating 

15 through the Colorado State Forest Service; or 

16 ‘‘(B) an Indian tribe. 

17 ‘‘(5) PROJECT.—The term ‘project’ means— 

18 ‘‘(A) an authorized hazardous fuel reduc19 tion project, as defined in section 101(2) on 

20 lands in Colorado; 

21 ‘‘(B) an activity on lands in Colorado re22 lating to treatment of insect-infested trees; or 

23 ‘‘(C) an activity on lands in Colorado relat24 ing to the restoration of a forest land, a range25 land, or a watershed. 


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1 ‘‘(6) SECRETARY CONCERNED.—The term ‘Sec2 retary concerned’ means— 

3 ‘‘(A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to National Forest System land; and 

6 ‘‘(B) the Secretary of the Interior, with re7 spect to land managed by the Bureau of Land 

8 Management and land held for the benefit of an 

9 Indian tribe that is managed by the Depart10 ment of the Interior. 

11 ‘‘SEC. 702. HEALTHY FOREST PARTNERSHIP ZONES. 

12 ‘‘(a) DESIGNATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary concerned 

14 may designate as a Healthy Forest Partnership 

15 Zone— 

16 ‘‘(A) any parcel of Federal land in the 

17 State of Colorado that, on the date on which 

18 the designation is made, is under the jurisdic19 tion of the Secretary concerned; and 

20 ‘‘(B) any non-Federal land located adja21 cent to the Federal land. 

22 ‘‘(2) PROPOSALS.—In determining which par23 cels of land to designate as Healthy Forest Partner24 ship Zones under paragraph (1), the Secretary con25 cerned shall consider proposals submitted by— 


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1 ‘‘(A) the Governor of Colorado; 

2 ‘‘(B) the Colorado State forester; 

3 ‘‘(C) forest improvement districts, water 

4 conservation districts, and soil conservation dis5 tricts; and 

6 ‘‘(D) at-risk communities in Colorado. 

7 ‘‘(b) CRITERIA FOR DESIGNATION.—The Secretary 

8 concerned may designate a parcel of land as a Healthy 

9 Forest Partnership Zone if the parcel of land to be so des10 ignated is— 

11 ‘‘(1) at risk of uncharacteristically severe dam12 age to at-risk communities or community water sup13 ply facilities from a wildland fire or an outbreak of 

14 insects or disease; and 

15 ‘‘(2) requires 1 or more management activities 

16 to reduce that risk. 

17 ‘‘(c) PUBLIC NOTICE.—Before making a designation 

18 of a parcel of land as a Healthy Forest Partnership Zone, 

19 the Secretary concerned shall provide public notice and an 

20 opportunity for receipt and consideration of public com21 ment relating to the designation. 

22 ‘‘(d) DURATION OF DESIGNATION.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 in making a designation of a parcel of land as a 

25 Healthy Forest Partnership Zone under subsection 


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1 (a), the Secretary concerned shall specify the condi2 tions under which the designation will terminate. 

3 ‘‘(2) EXCEPTION.—A designation of a parcel of 

4 land as a Healthy Forest Partnership Zone under 

5 subsection (a) shall remain in effect for a period of 

6 not more than 5 years after the date on which the 

7 designation is made. 

8 ‘‘(e) PRIORITIZATION.—In designating a parcel of 

9 land as a Healthy Forest Partnership Zone under sub10 section (a), the Secretary concerned shall give priority to 

11 parcels of land in which there are located lands identified 

12 in a community wildfire protection plan for implementa13 tion of hazardous fuel reduction projects. 

14 ‘‘(f) APPLICATION OF OTHER LAWS.—Section 104 

15 shall apply to designation of a parcel of land as a Healthy 

16 Forest Partnership Zone to the same extent as such sec17 tion applies to conduct of an authorized hazardous fuel 

18 reduction project. 

19 ‘‘SEC. 703. PARTNERSHIP PROJECTS. 

20 ‘‘(a) CONTRACTS AND OTHER AGREEMENTS.—The 

21 Secretary concerned may enter into a contract (including 

22 a sole source contract) or other agreement (including an 

23 agreement for the mutual benefit of the Secretary con24 cerned and a partnering entity) with a partnering entity 

25 to prepare and implement any hazardous fuel reduction 


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1 or other projects for the Secretary on Federal land in Col2 orado to complement any similar projects on bordering or 

3 adjacent non-Federal land. 

4 ‘‘(b) ADMINISTRATIVE PROVISIONS.— 

5 ‘‘(1) NATIONAL FOREST MANAGEMENT ACT.— 

6 Subsection (d) of section 14 of the National Forest 

7 Management Act of 1976 (16 U.S.C. 472a) shall not 

8 apply to a contract or other agreement entered into 

9 by the Secretary concerned under this section. Sub10 section (g) of such section shall not apply to a con11 tract or other agreement with the State of Colorado 

12 or the Colorado State Forest Service entered into by 

13 the Secretary concerned under this section, and the 

14 Secretary may agree to allow the State or the State 

15 Forest Service to designate trees or other materials 

16 to be removed and to supervise the removal thereof. 

17 ‘‘(2) MATERIALS ACT OF 1947.—Section 2(a) of 

18 the Act of July 31, 1947 (commonly known as the 

19 ‘Materials Act of 1947’; 30 U.S.C. 602(a)) shall not 

20 apply to a project carried out in accordance with a 

21 contract or other agreement entered into by the Sec22 retary concerned under this section. 

23 ‘‘(3) ASSUMPTION OF LIABILITY.—To the ex24 tent allowed by Federal, State, or local law, in pre25 paring or carrying out a contract or other agreement 


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1 under this section, a partnering entity shall assume 

2 liability for the actions or omissions of the employees 

3 or subcontractors of the partnering entity. 

4 ‘‘(4) SUBCONTRACTING BY A PARTNERING EN5 TITY.—To the extent allowed by State and local law, 

6 to prepare or carry out a contract or other agree7 ment under this section, a partnering entity may 

8 subcontract to another entity the duties of the 

9 partnering entity. 

10 ‘‘(5) BOND.—Except as otherwise determined 

11 by the Secretary concerned, no bond shall be re12 quired by the Secretary concerned from any party to 

13 a contract or other agreement under this section. 

14 ‘‘(6) ACQUISITION REQUIREMENTS.—In award15 ing a multi-year stewardship contract, the Secretary 

16 of Agriculture may fulfill the requirements of the 

17 Federal Acquisition Regulation, Part 17.104, by use 

18 of— 

19 ‘‘(A) appropriations originally available for 

20 the performance of the contract concerned; or 

21 ‘‘(B) appropriations currently available for 

22 procurement of the type of services concerned 

23 and not otherwise obligated; or 

24 ‘‘(C) funds appropriated for these pay25 ments. 


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1 ‘‘(7) CANCELLATION LIABILITY.—Funds identi2 fied for the purpose of the cancellation liability of a 

3 contract shall not be obligated at the time of con4 tract award. 

5 ‘‘(c) PROJECT REQUIREMENTS.—Any project covered 

6 under this section shall— 

7 ‘‘(1) be consistent with the applicable land and 

8 resource management plan developed under section 

9 6 of the Forest and Rangeland Renewable Resources 

10 Planning Act of 1974 (16 U.S.C. 1604) or the appli11 cable land use plan prepared for one or more units 

12 of the public land; 

13 ‘‘(2) improve the cost efficiency of managing 

14 the Federal land covered by the project consistent 

15 with best value principles, as determined by the Sec16 retary; 

17 ‘‘(3) be approved by the Secretary concerned in 

18 such Secretary’s sole discretion; and 

19 ‘‘(4) be subject to the requirements of section 

20 104 to the same extent as an approved hazardous 

21 fuel reduction project. 

22 ‘‘(d) PRIORITY FOR COLLABORATIVE PROJECTS.— 

23 The Secretary concerned shall give priority to projects— 

24 ‘‘(1) that are developed through cooperation 

25 with non-governmental collaborative groups; 


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1 ‘‘(2) that are consistent with a community wild2 fire protection plan; and 

3 ‘‘(3) that are prepared in a manner consistent 

4 with the Implementation Plan or any amendment 

5 thereto. 

6 ‘‘(e) CONSENT OF LANDOWNER REQUIRED.—The 

7 Secretary concerned shall not carry out any activity on 

8 non-Federal land under this section without the consent 

9 of the owner of the non-Federal land.’’. 

10 TITLE II—COLORADO FOREST 

11 HEALTH MEASURES 

12 SEC. 201. RESEARCH AND OTHER ACTIVITIES. 

13 (a) RESEARCH.—To improve the long-term health of 

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

15 (1) provide financial assistance in the form of 

16 grants to— 

17 (A) the Colorado Wood Program of Colo18 rado State University for the conduct of re19 search and development and marketing of non20 traditional forest products; 

21 (B) the Forest Restoration Institute at 

22 Colorado State University, including assistance 

23 for the conduct of research in higher elevation 

24 forests; and 


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1 (C) any other entities, including entities 

2 conducting research on utilization of wood and 

3 other products from high-elevation forests that 

4 the Secretary of Agriculture determines to be 

5 appropriate; and 

6 (2) acting through the Rocky Mountain Re7 search Station, collaborate with the Forest Restora8 tion Institute at Colorado State University in the 

9 conduct of research on and the development and 

10 transfer of broader landscape treatment strategies 

11 and ways to integrate best science with community 

12 needs. 

13 (b) ASSESSMENTS AND COOPERATION.—The Sec14 retary concerned, in cooperation with the Colorado State 

15 Forester and other applicable State agencies, shall— 

16 (1) assess priorities in the State for use of 

17 stewardship contracts to initiate revitalization of the 

18 forest product industry; and 

19 (2) otherwise cooperate with the Colorado State 

20 Forest Service and the forest products industry in 

21 the State to assist in the development of new mar22 kets for non-traditional forest products and mar23 keting of such products. 


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1 (c) FINANCIAL ASSISTANCE FOR STEWARDSHIP

2 PROJECTS AND SMALL BUSINESSES.—The Secretary con3 cerned shall— 

4 (1) consider use of authority under the Healthy 

5 Forests Restoration Act of 2003 (16 U.S.C. 6501 et 

6 seq.), stewardship contracts, and other long-term 

7 contracts to ensure a sustained supply of raw wood 

8 materials in the State; 

9 (2) provide financial assistance for the upfront 

10 costs of long-term stewardship projects in areas in 

11 which timber values do not provide for recovery 

12 costs; and 

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

14 small business concerns in the forest product indus15 try in the State for the costs of start-up activities, 

16 converting equipment, and modifying facilities to en17 able the small business concerns to use wood from 

18 forests in the State. 

19 (d) CONSULTATION.—The Secretary of Agriculture 

20 shall consult with the Administrator of the Environmental 

21 Protection Agency regarding possible steps to facilitate 

22 use of raw wood materials in combination with other sub23 stances as fuels in existing facilities for the generation of 

24 electricity or for other purposes. Consultation shall include 

25 consideration of the possibility of modifying existing perVerDate Aug 31 2005 05:18 Jul 19, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1797.IS S1797

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1 mits issued to such facilities pursuant to the Clean Air 

2 Act and other Federal laws. 

3 (e) REPORT.—No later than 90 days after the date 

4 of the enactment of this Act, the Secretary of Agriculture 

5 shall submit to Congress a report regarding the results 

6 of consultation under subsection (d). The report may in7 clude any recommendations regarding possible legislation 

8 that the Secretary thinks appropriate and desirable. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—To im10 plement this section, there are authorized to be appro11 priated not to exceed $2,000,000 in each of fiscal years 

12 2008 through 2012. 

13 SEC. 202. COLORADO FOREST HEALTH FUND. 

14 (a) ESTABLISHMENT.—There is established in the 

15 Treasury of the United States a fund, to be known as the 

16 ‘‘Colorado Forest Health Fund’’, consisting of— 

17 (1) such amounts as are appropriated to the 

18 Fund under subsection (b) or any other law; and 

19 (2) any interest earned on investment of 

20 amounts in the Fund under subsection (d). 

21 (b) TRANSFERS TO FUND.—Notwithstanding any 

22 other provision of law, on October 1, 2008, and each Octo23 ber 1 thereafter, there is appropriated to the Fund an 

24 amount equal to 50 percent of the proceeds during the 


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1 previous fiscal year from the Forest Service sales of timber 

2 in the State, or $2,000,000, whichever amount is greater. 

3 (c) EXPENDITURES FROM FUND.—On request by the 

4 Secretary of Agriculture, the Secretary of the Treasury 

5 shall transfer from the Fund to the Secretary concerned 

6 such amounts not exceeding $2,000,000 in any fiscal year 

7 as the Secretary of Agriculture determines are necessary 

8 to carry out measures to improve forest health and reduce 

9 hazardous fuels in the State. 

10 (d) INVESTMENT OF AMOUNTS.— 

11 (1) IN GENERAL.—The Secretary of the Treas12 ury shall invest such portion of the Fund as is not, 

13 in the judgment of the Secretary of the Treasury, 

14 required to meet current withdrawals. 

15 (2) INTEREST-BEARING OBLIGATIONS.—Invest16 ments may be made only in interest-bearing obliga17 tions of the United States. 

18 (3) ACQUISITION OF OBLIGATIONS.—For the 

19 purpose of investments under subparagraph (A), ob20 ligations may be acquired— 

21 (A) on original issue at the issue price; or 

22 (B) by purchase of outstanding obligations 

23 at the market price. 


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1 (e) SALE OF OBLIGATIONS.—Any obligation acquired 

2 by the Fund may be sold by the Secretary of the Treasury 

3 at the market price. 

4 (f) CREDITS TO FUND.—The interest on, and the 

5 proceeds from the sale or redemption of, any obligations 

6 held in the Fund shall be credited to and form a part of 

7 the Fund. 

8 (g) TRANSFERS OF AMOUNTS.— 

9 (1) IN GENERAL.—The amounts required to be 

10 transferred to the Fund under this section shall be 

11 transferred at least monthly from the general fund 

12 of the Treasury to the Fund on the basis of esti13 mates made by the Secretary of the Treasury. 

14 (2) ADJUSTMENTS.—Proper adjustment shall 

15 be made in amounts subsequently transferred, to the 

16 extent prior estimates were in excess of or less than, 

17 the amounts required to be transferred. 

18 SEC. 203. GRANTS FOR COLORADO FUELS FOR SCHOOLS 

19 PROGRAM. 

20 (a) GRANTS.—For each of fiscal years 2008 through 

21 2012, the Secretary concerned shall provide not more than 

22 $5,000,000 in grants to the State for the Colorado fuels 

23 for schools program under section 210(b) of the Energy 

24 Policy Act of 2005 (42 U.S.C. 15855)— 


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1 (1) to conduct studies at eligible schools in 

2 rural communities to determine the feasibility of in3 stalling and operating biomass boilers at the schools 

4 and other public buildings; and 

5 (2) to assist eligible schools and other public 

6 buildings in rural communities in the installation 

7 and operation of biomass boilers. 

8 (b) DEFINITIONS.—In this section, the term ‘‘bio9 mass’’ has the same meaning as such term has in section 

10 210 of the Energy Policy Act of 2005 and the term ‘‘rural 

11 communities’’ has the same meaning as the term ‘‘pre12 ferred community’’ has in such section of such Act. 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to limit the applicability of the 

15 Clean Air Act or any other Federal or State law or regula16 tion otherwise applicable to installation and operation of 

17 a biomass boiler. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—To im19 plement this section, there are authorized to be appro20 priated not to exceed $5,000,000 for each of fiscal years 

21 2008 through 2012. 

22 SEC. 204. STEWARDSHIP CONTRACTS IN COLORADO. 

23 Section 347(c) of the Department of the Interior and 

24 Related Agencies Appropriations Act, 1999 (16 U.S.C. 


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1 2104 note; 112 Stat. 2681–299), is amended by adding 

2 at the end the following new paragraph: 

3 ‘‘(6) EXTENDED TERM FOR PROJECTS IN COLO4 RADO.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (2), any agreement or contract under 

7 subsection (a) for a project to be carried out in 

8 the State of Colorado may have a term of not 

9 more than 20 years. 

10 ‘‘(B) APPLICABILITY.—The Chief of the 

11 Forest Service or the Director of the Bureau of 

12 Land Management, as applicable, with the con13 sent of the other parties to the agreement or 

14 contract, may modify any agreement or con15 tract for a project to be carried out in the State 

16 of Colorado entered into before the date of en17 actment of this paragraph to provide for the 

18 maximum term described in subparagraph (A). 

19 ‘‘(C) CANCELLATION LIABILITY.—Fund20 ing, for the purpose of potential cancellation li21 ability in accordance with the Federal Acquisi22 tion Regulation Part 17.106–1, shall not be 

23 identified nor obligated, in accordance with that 

24 Part 17.106–1, at the time of award of a con25 tract under subsection (a) for a project to be 


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1 carried out in the State of Colorado, notwith2 standing the requirements of Part 17.104 of 

3 such Regulation.’’. 

4 SEC. 205. PERMANENT AUTHORITY FOR FEDERAL AND 

5 STATE COOPERATIVE RESTORATION AND 

6 PROTECTION IN COLORADO. 

7 Section 331 of the Department of the Interior and 

8 Related Agencies Appropriations Act, 2001 (114 Stat. 

9 996; 118 Stat. 3102), is amended by striking subsection 

10 (e). 

11 SEC. 206. PREPARATION OF FIRE-DANGER MAPS. 

12 The Secretary of Agriculture, in cooperation with the 

13 Colorado State Forest Service and utilizing to the max14 imum extent possible existing software, data, private-sec15 tor geospatial information technology, and information 

16 from other sources, shall prepare and make available to 

17 the public maps of forested lands in Colorado identifying 

18 the relative degrees of susceptibility of such lands to severe 

19 wildfires and the risks to communities and municipal 

20 water supplies from such wildfires. 

21 SEC. 207. TRUCK WEIGHTS ON COLORADO INTERSTATE 

22 HIGHWAYS. 

23 Section 127(a)(6) of title 23, United States Code, is 

24 amended by inserting before the period at the end the fol25 lowing: ‘‘, and the State of Colorado may allow, by special 


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1 permit, the operation of vehicles with a gross vehicle 

2 weight in excess of 80,000 pounds (up to such State’s 

3 maximum gross weight limit) for the hauling of dead or 

4 diseased timber and other forest materials removed from 

5 the forests in such State in order to reduce fire hazards’’. 

6 TITLE III—TAX PROVISIONS 

7 SEC. 301. EXTENSION OF TAX CREDIT FOR ELECTRICITY 

8 PRODUCED FROM BIOMASS. 

9 (a) IN GENERAL.—Clause (i) of section 45(d)(3)(A) 

10 of the Internal Revenue Code of 1986 (relating to open11 loop biomass facilities) is amended by striking ‘‘January 

12 1, 2009’’ both places it appears and inserting ‘‘January 

13 1, 2030’’. 

14 (b) BIOMASS ELIGIBLE FOR FULL CREDIT RATE.— 

15 Subparagraph (A) of section 45(b)(4) (relating to credit 

16 rate) is amended by striking ‘‘(3),’’. 

17 (c) EFFECTIVE DATES.— 

18 (1) The amendment made by subsection (a) 

19 shall take effect the date of the enactment of this 

20 Act. 

21 (2) The amendment made by subsection (b) 

22 shall apply to electricity produced and sold after the 

23 date of the enactment of this Act in taxable years 

24 ending after such date. 


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1 SEC. 302. PARTIAL EXCLUSION FROM GROSS INCOME OF 

2 PAYMENTS RECEIVED FOR CERTAIN HAZ3 ARDOUS FUEL REDUCTION PROJECTS. 

4 (a) IN GENERAL.—Part III of subchapter B of chap5 ter 1 of the Internal Revenue Code of 1986 is amended 

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

7 ‘‘SEC. 139B. COMPENSATION FOR CERTAIN HAZARDOUS 

8 FUEL REDUCTION PROJECTS. 

9 ‘‘(a) GENERAL RULE.—Gross income shall not in10 clude any hazardous fuel reduction payment in the State 

11 of Colorado. 

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

13 payments which may be taken into account under sub14 section (a) with respect to a taxpayer for a taxable year 

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

16 return). 

17 ‘‘(c) HAZARDOUS FUEL REDUCTION PROJECTS PAY18 MENTS.—For purposes of this section, the term ‘haz19 ardous fuel reduction payment’ means any amount re20 ceived by the taxpayer from the United States during the 

21 taxable year as compensation for work performed in the 

22 State of Colorado as part of an authorized hazardous fuels 

23 reduction project conducted pursuant to section 102 of the 

24 Healthy Forests Restoration Act of 2003 16 U.S.C. 

25 6512).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2007. 

4 SEC. 303. DEDUCTIBILITY OF CERTAIN EXPENDITURES IN 

5 CONNECTION WITH IMPLEMENTATION OF 

6 COMMUNITY WILDFIRE PROTECTION PLANS. 

7 (a) IN GENERAL.—Part VII of subchapter B of chap8 ter 1 of the Internal Revenue Code of 1986 is amended— 

9 (1) by redesignating section 224 as section 225; 

10 and 

11 (2) by inserting after section 223 the following 

12 new section: 

13 ‘‘SEC. 224. IMPLEMENTATION OF COMMUNITY WILDFIRE 

14 PROTECTION PLANS. 

15 ‘‘(a) IN GENERAL.—In the case of a individual, there 

16 shall be allowed as a deduction an amount equal to the 

17 sum of the amounts expended during the taxable year for 

18 carrying out an eligible hazardous fuel reduction project 

19 on lands owned by such individual located in Colorado and 

20 identified for such a project in a community wildfire pro21 tection plan. 

22 ‘‘(b) DOLLAR LIMITATION.—The aggregate of the ex23 penditures which may be taken into account under sub24 section (a) with respect to a taxpayer for a taxable year 


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

2 return). 

3 ‘‘(c) HAZARDOUS FUEL REDUCTION PROJECT.—For 

4 purposes of this section, the terms ‘hazardous fuel reduc5 tion project’ and ‘Community Wildfire Protection Plan’ 

6 have the same meaning as such terms have in the Healthy 

7 Forests Restoration Act of 2003 (16 U.S.C. 6512). 

8 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

9 such regulations as may be appropriate to carry out this 

10 section.’’. 

11 (b) DEDUCTION ALLOWED WHETHER OR NOT TAX12 PAYER ITEMIZES OTHER DEDUCTIONS.—Subsection (a) 

13 of section 62 of such Code is amended by inserting the 

14 following new item: 

15 ‘‘(l) IMPLEMENTATION OF COMMUNITY WILD16 FIRE PROTECTION PLANS.—The deduction allowed 

17 by section 224.’’. 

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

19 this section shall apply to taxable years beginning after 

20 December 31, 2007. 

Æ 


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