(A) section 322 of the Department of the 
Interior and Related Agencies Appropriation 
Act, 1993 (Public Law 102–381; 16 U.S.C. 
1612 note); or 
(B) any related law or regulation. 
(d) CERTAIN LANDS EXCLUDED.—An insect and dis-
ease emergency area may not include— 
(1) land designated as wilderness; 
(2) land recommended for wilderness designa-
tion in a forest land and resource management plan; 
and 
(3) land on which the removal of vegetation is 
prohibited or restricted by Act of Congress or Presi-
dential proclamation (including the applicable imple-
mentation plan). 
(e) DURATION OF DESIGNATION.— 
(1) DESIGNATION BY MAP.—An insect and dis-
ease emergency area designated on the map referred 
to in subsection (a)(1) shall continue as an insect 
and disease emergency area until— 
(A) the end of the 10-year period begin-
ning on the date of the enactment of this Act; 
or 
(B) such earlier date as may be designated 
by the Secretary if the Secretary determines 
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that the area of National Forest System land is 
no longer subject to an insect and disease infes-
tation emergency. 
(2) DESIGNATION BY SECRETARY.—An insect 
and disease emergency area designated by the Sec-
retary under subsection (b) shall continue as an in-
sect and disease emergency area until— 
(A) the end of the 10-year period begin-
ning on the date of the designation; or 
(B) such earlier date as may be designated 
by the Secretary if the Secretary determines 
that the area of National Forest System land is 
no longer subject to an insect and disease infes-
tation emergency. 
(3) REDESIGNATION.—The expiration of the 
10-year period specified in paragraph (1)(A) or 
(2)(A) does not prohibit the Secretary from redesig-
nating an area of National Forest System land as an 
insect and disease emergency area under subsection 
(b) if the Secretary determines that the area of Na-
tional Forest System land continues to be subject to 
an insect and disease infestation emergency. 
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SEC. 5. RESPONSE TO EMERGENCY DESIGNATION. 
(a) PRIORITY TREATMENTS.—In carrying out the 
management of an insect and disease emergency area, the 
Secretary shall give priority consideration— 
(1) to the removal of hazardous fuels and haz-
ardous trees posing a risk to— 
(A) human communities; 
(B) utility corridors; 
(C) communication sites; 
(D) roads; 
(E) recreation sites; 
(F) water structures; and 
(G) other infrastructure; 
(2) to the restoration of the health of land sur-
rounding any of the areas or sites specified in para-
graph (1); and 
(3) to the provision of assistance to State and 
local governments, Indian tribes, and private land-
owners for the removal of hazardous fuels and haz-
ardous trees on, and the restoration of the health of, 
each parcel of land located in the insect and disease 
emergency area— 
(A) that is under the jurisdiction of the 
State or local government or Indian tribe; or 
(B) the title of which is held by a private 
landowner. 
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(b) BIOMASS USE.—In giving priority to initiatives 
described in subsection (a), the Secretary shall give pri-
ority consideration to the making of payments under sec-
tion 9011(d) of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8111(d)), as amended by section 
9001(a) of the Food, Conservation, and Energy Act of 
2008 (Public Law 110–246; 122 Stat. 2064), to an indi-
vidual or entity described in paragraph (1)(B) of such sec-
tion that collects or harvests renewable biomass from a 
parcel of National Forest System land located in an insect 
and disease emergency area. 
(c) EMERGENCY FOREST RESTORATION.—In imple-
menting the emergency forest restoration program under 
section 407 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2206), the Secretary may make payments to an 
owner of a parcel of nonindustrial private forest land that 
is located in an insect and disease emergency area to carry 
out emergency measures in response to an insect and dis-
ease infestation emergency under this Act. 
(d) TREATMENT
AS RENEWABLE BIOMASS.—Any 
biomass removed from a parcel of land located in an insect 
and disease emergency area shall be considered to be re-
newable biomass for purposes of the renewable fuel stand-
ard under section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)). 
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(e) HEALTHY FOREST RESTORATION.— 
(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary may apply each requirement described in sec-
tions 104 and 105 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6514, 6515) to projects 
that are carried out to remove hazardous fuels and 
hazardous trees on, and to restore the health of, Na-
tional Forest System land that is located in an in-
sect and disease emergency area. 
(2) JUDICIAL
REVIEW.—Section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6516) shall apply to each project described in para-
graph (1). 
SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE 
OF COLORADO. 
(a) STATE FOREST SERVICES.— 
(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary may offer to enter into any contract (includ-
ing a sole source contract) or other agreement (in-
cluding an agreement for the mutual benefit of the 
Secretary and each other party to the contract or 
agreement), as appropriate, with the State of Colo-
rado (in this section referred to as the ‘‘State’’) to 
perform watershed restoration and protection serv-
ices on National Forest System land located in the 
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State if the State is carrying out similar and com-
plementary watershed restoration and protection 
services on a parcel of State or private land that is 
located adjacent to the National Forest System land. 
(2) AUTHORIZED
SERVICES.—Watershed res-
toration and protection services described in para-
graph (1) include— 
(A) the treatment of insect-infested trees; 
(B) the reduction of hazardous fuels; and 
(C) any other activity that is carried out to 
restore or improve watersheds or fish and wild-
life habitat across ownership boundaries. 
(b) ADMINISTRATIVE PROVISIONS.— 
(1) NATIONAL FOREST MANAGEMENT ACT OF 
1976.—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 contract or other agreement under sub-
section (a)(1). 
(2) ASSUMPTION OF LIABILITY.—In accordance 
with each applicable law (including regulations), in 
preparing and carrying out a contract entered into 
under subsection (a)(1), the State that is a party to 
the contract shall be liable for each action and omis-
sion of the employees of the State. 
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(3) SUBCONTRACTS.—A State, in accordance 
with the applicable contract procedures of the State, 
may enter into subcontracts to provide restoration 
services authorized under a contract or other agree-
ment entered into under subsection (a)(1). 
(4) DISPUTE RESOLUTION.—Any dispute under 
a contract or other agreement under subsection 
(a)(1) shall be resolved in accordance with, as appli-
cable— 
(A) the dispute clause of the contract or 
other agreement; 
(B) the Contract Disputes Act of 1978 (41 
U.S.C. 601 et seq.); or 
(C) section 1491 of title 28, United States 
Code. 
(c) RETENTION OF RESPONSIBILITIES UNDER NA-
TIONAL ENVIRONMENTAL POLICY ACT OF 1969.—With 
respect to any watershed restoration and protection serv-
ice on National Forest System land that is proposed to 
be carried out by the State under subsection (a), any deci-
sion required to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may 
not be delegated to any officer or employee of the State. 
(d) APPLICABILITY.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
the authority provided by this section applies only to 
National Forest System land located in Colorado. 
(2) SECRETARY OF THE INTERIOR.—With re-
spect to public land located in Colorado that is ad-
ministered by the Secretary of the Interior (acting 
through the Bureau of Land Management), the Sec-
retary of the Interior may carry out activities under 
this section on the public land. 
SEC. 7. STEWARDSHIP CONTRACTING. 
(a) PERMANENT AUTHORITY.—Section 347(a) of the 
Department of the Interior and Related Agencies Appro-
priations 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 Agen-
cies 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.—Notwith-
standing any other provision of law, including sec-
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tion 304B of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 254c), the For-
est 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 can-
celled. 
‘‘(2) COSTS
OF
CANCELLATION
OR
TERMI-
NATION.—The costs of any cancellation or termi-
nation of a multiyear stewardship contract described 
in paragraph (1) may be paid from any appropria-
tions 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 sec-
tion 1341 of title 31, United States Code; and 
‘‘(B) the Secretary of Agriculture shall 
seek a supplemental appropriation.’’. 
SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS. 
Nothing in this Act diminishes the rights of any 
owner of private property. 
Æ 
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