SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Colorado Forest Insect 
Emergency Response Act of 2008’’. 
SEC. 2. RESPONSE TO SEVERE INFESTATIONS OF BARK 
BEETLES AND OTHER INSECTS ON FEDERAL 
LAND IN COLORADO. 
(a) FINDINGS.—The Congress finds the following: 
(1) Fire and bark beetles and other insects that 
feed on trees are natural parts of Colorado’s forest 
ecology that have some beneficial effects and help 
shape the forests by thinning dense tree stands and 
promoting cyclical re-growth. 
(2) However, in various parts of Colorado, 
large-scale infestations of bark beetles and other in-
sects, in combination with other factors, have in-
creased the likelihood of unusually severe wildfires 
that pose a threat to lives and property in nearby 
communities and to municipal water supplies and 
other infrastructure. 
(3) The Healthy Forests Restoration Act of 
2003 (Public Law 108–148; 16 U.S.C. 6501 et seq.) 
was enacted to address the need to reduce the vol-
ume of fuel that can feed the most severe wildfires 
that threaten communities. 
(4) The modification of some provisions of the 
Healthy Forests Restoration Act of 2003 will help to 
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further expedite action to reduce the risks of severe 
wildfires to Colorado communities, water supplies, 
and infrastructure in or near forested areas most se-
verely affected by infestations of bark beetles and 
other insects. 
(b) INSECT-EMERGENCY AREA DEFINED.—Section 
101 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6511) is amended— 
(1) by redesignating paragraphs (12) through 
(16) as paragraphs (13) through (17), respectively; 
and 
(2) by inserting after paragraph (11) the fol-
lowing new paragraph: 
‘‘(12) INSECT-EMERGENCY
AREA.—The term 
‘insect-emergency area’ means an area of Federal 
land in Colorado designated by the Secretary pursu-
ant to section 107.’’. 
(c) ALTERNATIVE
ANALYSIS
PROCESS.—Section 
104(d)(2) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6514(d)(2)) is amended by inserting after ‘‘at- 
risk community’’ the following: ‘‘or on any other lands 
identified for such a project in a community wildfire pro-
tection plan for an at-risk community in or adjacent to 
an insect-emergency area’’. 
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(d) RESPONSE TO INSECT EMERGENCIES.—Title I of 
the Healthy Forests Restoration Act of 2003 is amend-
ed— 
(1) by redesignating sections 107 and 108 as 
sections 108 and 109, respectively; and 
(2) by inserting after section 106 (16 U.S.C. 
6516) the following new section: 
‘‘SEC. 107. COLORADO INSECT-EMERGENCY AREAS. 
‘‘(a) 
DESIGNATION
OF
INSECT-EMERGENCY 
AREAS.— 
‘‘(1) DESIGNATION AUTHORITY.—The Secretary 
may designate an area of Federal land in Colorado 
as an insect-emergency area if— 
‘‘(A) the Secretary determines that the 
area is subject to a widespread infestation of 
bark beetles or other insects; 
‘‘(B) the Secretary determines that the 
area is characterized by insect-induced tree 
mortality that has, or within one year of the de-
termination will have, produced a condition 
such that an immediate reduction in hazardous 
fuels is required in order to reduce the risks to 
human life and property or to a municipal 
water supply from a severe wildfire; and 
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‘‘(C) the area is identified for hazardous 
fuel reduction treatment in a community wild-
fire protection plan. 
‘‘(2) CRITERIA.—The determinations required 
by subparagraphs (A) and (B) of paragraph (1) 
shall be made on the basis of the best information 
available, including observation of relevant insect in-
festations. 
‘‘(3) LIMITATION
ON
DELEGATION.—In the 
case of National Forest System lands, the authority 
to designate an insect-emergency area may be dele-
gated only to a Regional Forester. 
‘‘(b) INITIATION OF DESIGNATION PROCESS.— 
‘‘(1) INITIATION.—The designation of an in-
sect-emergency area may be made on the initiative 
of the Secretary or in response to a request by any 
agency of the State of Colorado or a political sub-
division thereof. 
‘‘(2) DEADLINE.—If a request for designation 
is initiated by the State or a political subdivision 
thereof, the Secretary shall issue a decision regard-
ing the request not later than 90 days after receipt 
of the request. 
‘‘(c) CONSULTATION AND PUBLIC COMMENT.—Be-
fore making the determinations required by subpara-
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graphs (A) and (B) of paragraph (1) of subsection (a) 
with respect to an area, the Secretary shall— 
‘‘(1) consult with any Federal agency respon-
sible for management of lands within a relevant 
community wildfire protection plan and appropriate 
State and local officials; and 
‘‘(2) provide public notice and seek public com-
ments on the possible determinations. 
‘‘(d) REVIEW OF DESIGNATION.—Any administrative 
or judicial review of the decision of the Secretary to des-
ignate an insect-emergency area shall be subject to regula-
tions issued pursuant to section 105 and to the provisions 
of section 106. 
‘‘(e) AUTHORIZED HAZARDOUS FUEL REDUCTION 
PROJECTS IN DESIGNATED AREAS.—An authorized haz-
ardous fuel reduction project involving only lands within 
an insect-emergency area may be categorically excluded 
from documentation in an environmental impact state-
ment and environmental assessment under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) if— 
‘‘(1) the project involves only lands that are 
identified for hazardous-fuel reduction treatment in 
a community wildfire protection plan; and 
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