S 2546
110th CONGRESS
2d Session
S. 2546
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
January 23, 2008
Mr. SALAZAR (for himself and Mr. ALLARD) introduced the following bill;
which was read twice and referred to the Committee on Energy and Natural
Resources
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.
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 `Colorado Forest Management
Improvement Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
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.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to facilitate a more coordinated response by Federal and State
agencies and local governments and communities to the effects of insect
infestations in forest lands in Colorado so as to reduce the likelihood
of loss of life or damage to property or municipal water supplies
from severe wildfires and to improve the management of such lands;
and
(2) to provide a model of legislation that could be considered for
application to other States experiencing similar insect infestations
or other forest-related problems.
SEC. 3. DEFINITIONS.
(1) FUND- The term `Fund' means the Colorado Forest Health Fund.
(2) SECRETARY CONCERNED- The term `Secretary concerned' means
(A) the Secretary of Agriculture (acting through the Chief of the
Forest Service), with respect to National Forest System land; and
(B) the Secretary of the Interior, with respect to land managed
by the Bureau of Land Management and with respect to land held for
the benefit of an Indian tribe.
(3) STATE- The term `State' means the State of Colorado.
TITLE I--HEALTHY FORESTS RESTORATION ACT OF 2003 AND RELATED LAWS
SEC. 101. COMMUNITY WILDFIRE PROTECTION PLAN ASSISTANCE.
(a) Planning Assistance for At-Risk Communities-
(1) IN GENERAL- Section 103 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6513) is amended by adding at the end the following
new subsection:
`(e) Planning Assistance for At-Risk Communities-
`(1) IN GENERAL- The Secretary, in consultation with appropriate State
agencies, shall make grants to at-risk communities in Colorado to
assist the at-risk communities in preparing, revising, or implementing
a community wildfire protection plan.
`(2) SOURCE OF FUNDS- The Secretary shall use amounts made available
under section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c))
to carry out this subsection.'.
(2) FUNDING SOURCE- Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended by adding at the end the following new subsection:
`(d) Assistance for At-Risk Communities- Notwithstanding the first sentence
of subsection (a), $10,000,000 of the amounts paid into the Treasury
under subsection (a) for each of fiscal years 2008 through 2012 shall
be made available to the Secretary, without further appropriation and
until expended, for obligation and expenditure under section 103(e)
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513(e)).'.
(b) Additional Assistance for Preparation of Plans- Section 33(b)(3)
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3))
is amended by striking subparagraph (L) and inserting the following:
`(L) To fund fire prevention programs, including the development
and implementation of community wildfire protection plans (as defined
in section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511)).'.
SEC. 102. CENTRAL COLLECTION POINTS.
Title I of the Healthy Forests Restoration Act of 2003 is amended by
adding at the end the following new section:
`SEC. 109. CENTRAL COLLECTION POINTS.
`(a) Establishment- To the maximum extent practicable, and consistent
with relevant land management plans, the Secretary shall establish collection
points in Colorado for the placement of vegetative material removed
from Federal or other land as part of a hazardous fuel reduction project
under this Act. Collection points shall be located so as to be readily
accessible to the public and so as to take advantage of existing roads
and other infrastructure.
`(b) Conditions for Establishment- No collection point shall be established
pursuant to this section--
`(1) if the Secretary determines that transportation of the vegetative
material to or from the proposed collection point would result in
an increased risk of infestation of insects; or
`(2) on any property not owned by the United States without the consent
of the owner of the property.
`(c) Management- The Secretary is not required to manage use of a collection
point established under this section, but may enter into agreements
with local governments, private landowners, or other relevant entities
with regard to such management, including the terms and conditions under
which material can be removed from a collection point.
`(d) Use- Vegetative material placed at a collection point established
under this section may be sold, donated, or otherwise made available
to any individual or entity that agrees to remove the material from
the collection point.
`(e) Treatment of Revenues- Any revenue collected by the Secretary through
sale of material from a collection point shall be retained by the Secretary
and used for authorized hazardous fuel reduction projects in Colorado.'.
SEC. 103. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
The Healthy Forests Restoration Act of 2003 is amended by striking section
203 (16 U.S.C. 6531) and inserting the following new section:
`SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
`(a) Program Authorized- The Secretary may provide to owners or operators
of facilities that use biomass, on an annual basis, grants for use in
accordance with subsection (d).
`(b) Eligible Recipients- A grant shall be awarded under this section
only to an owner or operator of a facility that uses biomass--
`(1) as a raw material to produce
`(C) transportation fuel;
`(2) for wood-based products; or
`(3) for other commercial purposes.
`(c) Priority- In making grants under this section, the Secretary shall
give priority to applications submitted by individuals or entities that
purchase biomass removed from land identified for hazardous fuel reduction
treatments in a community wildfire protection plan through an authorized
hazardous fuel reduction project carried out under section 102.
`(d) Use of Grant Funds- An owner or operator who receives a grant under
this section may use funds from the grant to offset the costs of purchasing
biomass.
`(e) Relationship to Other Authority- The Secretary may exercise the
authority provided by this section in conjunction with, or in addition
to, any other authority of the Secretary to support or stimulate the
use of biomass fuel.
`(f) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary to carry out this section $5,000,000 for each of fiscal
years 2008 through 2012.'.
SEC. 104. HEALTHY FOREST PARTNERSHIPS.
The Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.)
is amended by adding at the end the following new title:
`TITLE VII--COLORADO HEALTHY FOREST PARTNERSHIPS
`SEC. 701. DEFINITIONS.
`(1) AT-RISK COMMUNITY- The term `at-risk community' has the meaning
given the term in section 101.
`(2) IMPLEMENTATION PLAN- The term `implementation plan' means--
`(A) the plan entitled `Implementation Plan for the Comprehensive
Strategy for a Collaborative Approach for Reducing Wildland Fire
Risks to Communities and the Environment' and dated May 2002; and
`(B) any amendments to the implementation plan.
`(3) NONGOVERNMENTAL COLLABORATIVE GROUP- The term `non-governmental
collaborative group' means a nongovernmental organization, or a coalition
of organizations or individuals in the State of Colorado that, as
determined by the Secretary concerned, represents--
`(A) a balance of viewpoints among interested public and private
individuals, agencies, or institutions;
`(B) a diverse range of knowledge and experience in issues relating
to natural resources; and
`(C) a commitment to timely and cost-effective results.
`(4) PARTNERING ENTITY- The term `partnering entity' means--
`(A) the State of Colorado (including any political subdivision
of such State) operating through the Colorado State Forest Service;
or
`(5) PROJECT- The term `project' means--
`(A) an authorized hazardous fuel reduction project, as defined
in section 101(2) on lands in Colorado;
`(B) an activity on lands in Colorado relating to treatment of insect-infested
trees; or
`(C) an activity on lands in Colorado relating to the restoration
of a forest land, a rangeland, or a watershed.
`(6) SECRETARY CONCERNED- The term `Secretary concerned' means--
`(A) the Secretary of Agriculture (acting through the Chief of the
Forest Service), with respect to National Forest System land; and
`(B) the Secretary of the Interior, with respect to land managed
by the Bureau of Land Management and land held for the benefit of
an Indian tribe that is managed by the Department of the Interior.
`SEC. 702. HEALTHY FOREST PARTNERSHIP ZONES.
`(1) IN GENERAL- The Secretary concerned may designate as a Healthy
Forest Partnership Zone--
`(A) any parcel of Federal land in the State of Colorado that, on
the date on which the designation is made, is under the jurisdiction
of the Secretary concerned; and
`(B) any non-Federal land located adjacent to the Federal land.
`(2) PROPOSALS- In determining which parcels of land to designate
as Healthy Forest Partnership Zones under paragraph (1), the Secretary
concerned shall consider proposals submitted by--
`(A) the Governor of Colorado;
`(B) the Colorado State forester;
`(C) forest improvement districts, water conservation districts,
and soil conservation districts; and
`(D) at-risk communities in Colorado.
`(b) Criteria for Designation- The Secretary concerned may designate
a parcel of land as a Healthy Forest Partnership Zone if the parcel
of land to be so designated is--
`(1) at risk of uncharacteristically severe damage to at-risk communities
or community water supply facilities from a wildland fire or an outbreak
of insects or disease; and
`(2) requires 1 or more management activities to reduce that risk.
`(c) Public Notice- Before making a designation of a parcel of land
as a Healthy Forest Partnership Zone, the Secretary concerned shall
provide public notice and an opportunity for receipt and consideration
of public comment relating to the designation.
`(d) Duration of Designation-
`(1) IN GENERAL- Subject to paragraph (2), in making a designation
of a parcel of land as a Healthy Forest Partnership Zone under subsection
(a), the Secretary concerned shall specify the conditions under which
the designation will terminate.
`(2) EXCEPTION- A designation of a parcel of land as a Healthy Forest
Partnership Zone under subsection (a) shall remain in effect for a
period of not more than 5 years after the date on which the designation
is made.
`(e) Prioritization- In designating a parcel of land as a Healthy Forest
Partnership Zone under subsection (a), the Secretary concerned shall
give priority to parcels of land in which there are located lands identified
in a community wildfire protection plan for implementation of hazardous
fuel reduction projects.
`(f) Application of Other Laws- Section 104 shall apply to designation
of a parcel of land as a Healthy Forest Partnership Zone to the same
extent as such section applies to conduct of an authorized hazardous
fuel reduction project.
`SEC. 703. PARTNERSHIP PROJECTS.
`(a) Contracts and Other Agreements- The Secretary concerned may enter
into a contract (including a sole source contract) or other agreement
(including an agreement for the mutual benefit of the Secretary concerned
and a partnering entity) with a partnering entity to prepare and implement
any hazardous fuel reduction or other projects for the Secretary on
Federal land in Colorado to complement any similar projects on bordering
or adjacent non-Federal land.
`(b) Administrative Provisions-
`(1) NATIONAL FOREST MANAGEMENT ACT- Subsection (d) of section 14
of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall
not apply to a contract or other agreement entered into by the Secretary
concerned under this section. Subsection (g) of such section shall
not apply to a contract or other agreement with the State of Colorado
or the Colorado State Forest Service entered into by the Secretary
concerned under this section, and the Secretary may agree to allow
the State or the State Forest Service to designate trees or other
materials to be removed and to supervise the removal thereof.
`(2) MATERIALS ACT OF 1947- Section 2(a) of the Act of July 31, 1947
(commonly known as the `Materials Act of 1947'; 30 U.S.C. 602(a))
shall not apply to a project carried out in accordance with a contract
or other agreement entered into by the Secretary concerned under this
section.
`(3) ASSUMPTION OF LIABILITY- To the extent allowed by Federal, State,
or local law, in preparing or carrying out a contract or other agreement
under this section, a partnering entity shall assume liability for
the actions or omissions of the employees or subcontractors of the
partnering entity.
`(4) SUBCONTRACTING BY A PARTNERING ENTITY- To the extent allowed
by State and local law, to prepare or carry out a contract or other
agreement under this section, a partnering entity may subcontract
to another entity the duties of the partnering entity.
`(5) BOND- Except as otherwise determined by the Secretary concerned,
no bond shall be required by the Secretary concerned from any party
to a contract or other agreement under this section.
`(6) ACQUISITION REQUIREMENTS- In awarding a multi-year stewardship
contract, the Secretary of Agriculture may fulfill the requirements
of the Federal Acquisition Regulation, Part 17.104, by use of--
`(A) appropriations originally available for the performance of
the contract concerned; or
`(B) appropriations currently available for procurement of the type
of services concerned and not otherwise obligated; or
`(C) funds appropriated for these payments.
`(7) CANCELLATION LIABILITY- Funds identified for the purpose of the
cancellation liability of a contract shall not be obligated at the
time of contract award.
`(c) Project Requirements- Any project covered under this section shall--
`(1) be consistent with the applicable land and resource management
plan developed under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604) or the applicable
land use plan prepared for one or more units of the public land;
`(2) improve the cost efficiency of managing the Federal land covered
by the project consistent with best value principles, as determined
by the Secretary;
`(3) be approved by the Secretary concerned in such Secretary's sole
discretion; and
`(4) be subject to the requirements of section 104 to the same extent
as an approved hazardous fuel reduction project.
`(d) Priority for Collaborative Projects- The Secretary concerned shall
give priority to projects--
`(1) that are developed through cooperation with non-governmental
collaborative groups;
`(2) that are consistent with a community wildfire protection plan;
and
`(3) that are prepared in a manner consistent with the Implementation
Plan or any amendment thereto.
`(e) Consent of Landowner Required- The Secretary concerned shall not
carry out any activity on non-Federal land under this section without
the consent of the owner of the non-Federal land.'.
TITLE II--COLORADO FOREST HEALTH MEASURES
SEC. 201. RESEARCH AND OTHER ACTIVITIES.
(a) Research- To improve the long-term health of forests in the State,
the Secretary of Agriculture shall--
(1) provide financial assistance in the form of grants to--
(A) the Colorado Wood Program of Colorado State University for the
conduct of research and development and marketing of non-traditional
forest products;
(B) the Forest Restoration Institute at Colorado State University,
including assistance for the conduct of research in higher elevation
forests; and
(C) any other entities, including entities conducting research on
utilization of wood and other products from high-elevation forests
that the Secretary of Agriculture determines to be appropriate;
and
(2) acting through the Rocky Mountain Research Station, collaborate
with the Forest Restoration Institute at Colorado State University
in the conduct of research on and the development and transfer of
broader landscape treatment strategies and ways to integrate best
science with community needs.
(b) Assessments and Cooperation- The Secretary concerned, in cooperation
with the Colorado State Forester and other applicable State agencies,
shall--
(1) assess priorities in the State for use of stewardship contracts
to initiate revitalization of the forest product industry; and
(2) otherwise cooperate with the Colorado State Forest Service and
the forest products industry in the State to assist in the development
of new markets for non-traditional forest products and marketing of
such products.
(c) Financial Assistance for Stewardship Projects and Small Businesses-
The Secretary concerned shall--
(1) consider use of authority under the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6501 et seq.), stewardship contracts, and other
long-term contracts to ensure a sustained supply of raw wood materials
in the State;
(2) provide financial assistance for the upfront costs of long-term
stewardship projects in areas in which timber values do not provide
for recovery costs; and
(3) provide grants and low-cost loans to eligible small business concerns
in the forest product industry in the State for the costs of start-up
activities, converting equipment, and modifying facilities to enable
the small business concerns to use wood from forests in the State.
(d) Consultation- The Secretary of Agriculture shall consult with the
Administrator of the Environmental Protection Agency regarding possible
steps to facilitate use of raw wood materials in combination with other
substances as fuels in existing facilities for the generation of electricity
or for other purposes. Consultation shall include consideration of the
possibility of modifying existing permits issued to such facilities
pursuant to the Clean Air Act and other federal laws.
(e) Report- No later than 90 days after the date of the enactment of
this Act, the Secretary of Agriculture shall submit to Congress a report
regarding the results of consultation under subsection (d). The report
may include any recommendations regarding possible legislation that
the Secretary thinks appropriate and desirable.
(f) Authorization of Appropriations- To implement this section, there
are authorized to be appropriated not to exceed $2,000,000 in each of
fiscal years 2008 through 2012
SEC. 202. COLORADO FOREST HEALTH FUND.
(a) Establishment- There is established in the Treasury of the United
States a fund, to be known as the `Colorado Forest Health Fund', consisting
of--
(1) such amounts as are appropriated to the Fund under subsection
(b) or any other law; and
(2) any interest earned on investment of amounts in the Fund under
subsection (d).
(b) Transfers to Fund- Notwithstanding any other provision of law, on
October 1, 2008, and each October 1 thereafter, there is appropriated
to the Fund an amount equal to 50 percent of the proceeds during the
previous fiscal year from the Forest Service sales of timber in the
State, or $2,000,000, whichever amount is greater.
(c) Expenditures From Fund- On request by the Secretary of Agriculture,
the Secretary of the Treasury shall transfer from the Fund to the Secretary
concerned such amounts not exceeding $2,000,000 in any fiscal year as
the Secretary of Agriculture determines are necessary to carry out measures
to improve forest health and reduce hazardous fuels in the State.
(d) Investment of Amounts-
(1) IN GENERAL- The Secretary of the Treasury shall invest such portion
of the Fund as is not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
(2) INTEREST-BEARING OBLIGATIONS- Investments may be made only in
interest-bearing obligations of the United States.
(3) ACQUISITION OF OBLIGATIONS- For the purpose of investments under
subparagraph (A), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market price.
(e) Sale of Obligations- Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the market price.
(f) Credits to Fund- The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Fund shall be credited
to and form a part of the Fund.
(g) Transfers of Amounts-
(1) IN GENERAL- The amounts required to be transferred to the Fund
under this section shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
(2) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently
transferred, to the extent prior estimates were in excess of or less
than, the amounts required to be transferred.
SEC. 203. GRANTS FOR COLORADO FUELS FOR SCHOOLS PROGRAM.
(a) Grants- For each of fiscal years 2008 through 2012, the Secretary
concerned shall provide not more than $5,000,000 in grants to the State
for the Colorado fuels for schools program under section 210(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15855)--
(1) to conduct studies at eligible schools in rural communities to
determine the feasibility of installing and operating biomass boilers
at the schools and other public buildings; and
(2) to assist eligible schools and other public buildings in rural
communities in the installation and operation of biomass boilers.
(b) Definitions- In this section, the term `biomass' has the same meaning
as such term has in section 210 of the Energy Policy Act of 2005 and
the term `rural communities' has the same meaning as the term `preferred
community' has in such section of such Act.
(c) Rule of Construction- Nothing in this section shall be construed
to limit the applicability of the Clean Air Act or any other Federal
or State law or regulation otherwise applicable to installation and
operation of a biomass boiler.
(d) Authorization of Appropriations- To implement this section, there
are authorized to be appropriated not to exceed $5,000,000 for each
of fiscal years 2008 through 2012.
SEC. 204. STEWARDSHIP CONTRACTS IN COLORADO.
Section 347(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; 112 Stat. 2681-299),
is amended by adding at the end the following new paragraph:
`(6) EXTENDED TERM FOR PROJECTS IN COLORADO-
`(A) IN GENERAL- Notwithstanding paragraph (2), any agreement or
contract under subsection (a) for a project to be carried out in
the State of Colorado may have a term of not more than 20 years.
`(B) APPLICABILITY- The Chief of the Forest Service or the Director
of the Bureau of Land Management, as applicable, with the consent
of the other parties to the agreement or contract, may modify any
agreement or contract for a project to be carried out in the State
of Colorado entered into before the date of enactment of this paragraph
to provide for the maximum term described in subparagraph (A).
`(C) CANCELLATION LIABILITY- Funding, for the purpose of potential
cancellation liability in accordance with the Federal Acquisition
Regulation Part 17.106-1, shall not be identified nor obligated,
in accordance with that Part 17-106-1, at the time of award of a
contract under subsection (a) for a project to be carried out in
the State of Colorado, notwithstanding the requirements of Part
17.104 of such Regulation.'.
SEC. 205. PERMANENT AUTHORITY FOR FEDERAL AND STATE COOPERATIVE RESTORATION
AND PROTECTION IN COLORADO.
Section 331 of the Department of the Interior and Related Agencies Appropriations
Act, 2001 (114 Stat. 996; 118 Stat. 3102), is amended by striking subsection
(e).
SEC. 206. PREPARATION OF FIRE-DANGER MAPS.
The Secretary of Agriculture, in cooperation with the Colorado State
Forest Service and utilizing to the maximum extent possible existing
software, data, private-sector geospatial information technology, and
information from other sources, shall prepare and make available to
the public maps of forested lands in Colorado identifying the relative
degrees of susceptibility of such lands to severe wildfires and the
risks to communities and municipal water supplies from such wildfires.
SEC. 207. TRUCK WEIGHTS ON COLORADO INTERSTATE HIGHWAYS.
Section 127(a)(6) of title 23, United States Code, is amended by inserting
before the period at the end the following: `, and the State of Colorado
may allow, by special permit, the operation of vehicles with a gross
vehicle weight in excess of 80,000 pounds (up to such State's maximum
gross weight limit) for the hauling of dead or diseased timber and other
forest materials removed from the forests in such State in order to
reduce fire hazards'.
END
