[Senate Report 111-313]
[From the U.S. Government Publishing Office]
Calendar No. 599
111th Congress Report
SENATE
2d Session 111-313
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NATIONAL FOREST INSECT AND DISEASE
EMERGENCY ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2798]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2798) to reduce the risk of catastrophic
wildfire through the facilitation of insect and disease
infestation treatment of National Forest System and adjacent
land, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Insect and Disease
Emergency Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to ensure that adequate emphasis is placed on the
mitigation of hazards posed by landscape-scale epidemics of
bark beetles and other insects and diseases through the
identification of areas affected by the epidemics, including
areas in which resulting hazard trees pose a high risk to
public health and safety;
(2) to help focus resources within areas characterized by
landscape-scale insect or disease epidemics to mitigate hazards
associated with--
(A) falling trees; and
(B) wildfire; and
(3) to authorize good neighbor agreements between State and
Federal agencies to provide more effective and efficient forest
management across certain Federal land boundaries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected state.--The term ``affected State'' includes
each of the States of--
(A) Alaska;
(B) Arizona;
(C) California;
(D) Colorado;
(E) Idaho;
(F) Montana;
(G) Nevada;
(H) New Mexico;
(I) Oregon;
(J) South Dakota;
(K) Utah;
(L) Washington; and
(M) Wyoming.
(2) High-risk area.--The term ``high-risk area'' means a
road, trail, or other area that poses a high risk to public
health or safety due to hazard trees resulting from landscape-
scale tree mortality caused by an insect or disease epidemic.
(3) Insect or disease epidemic area.--The term ``insect or
disease epidemic area'' means an area of National Forest System
land in which landscape-scale tree mortality caused by an
insect or disease epidemic exists.
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. DESIGNATION OF AREAS.
(a) Identification of High-Risk Areas.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall identify by map or
other appropriate means high-risk areas within the National
Forest System in the affected States.
(2) Public education.--In conjunction with the information
developed pursuant to this subsection, the Secretary shall
develop educational materials that describe the risk posed by
hazard trees in high-risk areas and measures that can be taken
by the public to avoid or reduce that risk.
(3) Consultation.--In developing the information and
educational materials required by this subsection, the
Secretary shall consult with interested State, local, and
tribal governments, first responders, and other stakeholders.
(4) Updates.--The Secretary shall periodically review and
revise the information and educational materials required by
this subsection to reflect the best available information.
(5) Public availability.--The information and associated
educational materials required by this subsection shall be on
file and available for public inspection, including in the
appropriate offices of the Forest Service.
(b) Identification of Insect and Disease Epidemic Areas.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall identify by map or
other appropriate means insect or disease epidemic areas within
the National Forest System in the affected States.
(2) Required information.--The information required by
paragraph (1) shall include--
(A) a geographic estimate of the annual mortality
caused by the insect or disease epidemic; and
(B) a projection, based on the best available
science, of future tree mortality resulting from the
insect or disease epidemic.
(3) Updates.--The Secretary shall periodically review and
revise the information required by paragraph (1) to reflect the
best available information.
(4) Availability.--The information required by this
subsection shall be made available to--
(A) communities in or adjacent to an insect or
disease epidemic area that have developed a community
wildfire protection plan (as defined in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511));
(B) fire departments and other wildfire-fighting
organizations responding to, or likely to respond to, a
wildfire in an insect or disease epidemic area; and
(C) the public through the appropriate offices of the
Forest Service.
(c) Contracts and Financial Assistance.--To help collect, develop,
monitor, and distribute the information and materials required by this
section, the Secretary may enter into contracts or provide financial
assistance through cooperative agreements in accordance with section 8
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104)
with--
(1) the State Forester or equivalent State official of an
affected State;
(2) educational institutions; or
(3) other organizations.
SEC. 5. SUPPORT FOR RESTORATION AND RESPONSE.
(a) Support for Biomass Utilization.--To help reduce the risk to
public health and safety from hazard trees and wildfires and to restore
ecosystems affected by insect and disease epidemics, the Secretary may
assist State and local governments, Indian tribes, private landowners,
and other persons in affected States with the collection, harvest,
storage, and transportation of eligible material from areas identified
pursuant to section 4(b) in accordance with section 9011(d) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)).
(b) Restoration Assistance for Private Landowners.--The Secretary
may make payments to an owner of nonindustrial private forest land in
an affected State to carry out emergency measures to restore the land
after an insect or disease infestation in accordance with the emergency
forest restoration program established under section 407 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2206).
(c) National Forest Hazardous Fuel Reduction.--The Secretary shall
carry out authorized hazardous fuel reduction projects in affected
States on National Forest System land on which an epidemic of disease
or insects poses a significant threat to an ecosystem component, or
forest or rangeland resource, in accordance with the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.).
SEC. 6. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Authorized restoration services.-- The term ``authorized
restoration services'' means similar and complementary forest,
rangeland, and watershed restoration services carried out on
adjacent Federal land and non-Federal land by either the
Secretary or a Governor pursuant to--
(A) a good neighbor agreement; and
(B) a cooperative agreement or contract entered into
under subsection (c).
(2) Federal land.--
(A) In general.--The term ``Federal land'' means the
following land in a State located in whole or in part
west of the 100th meridian:
(i) National Forest System land.
(ii) Public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)).
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a component of the National Wilderness
Preservation System, National Wild and Scenic
Rivers System, National Trails System, or
National Landscape Conservation System;
(ii) a National Monument, National Preserve,
National Scenic Area, or National Recreation
Area; or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed restoration services.--
The term ``forest, rangeland, and watershed restoration
services'' means--
(A) activities to treat insect- and disease-infected
trees;
(B) activities to reduce hazardous fuels;
(C) activities to maintain roads and trails that
cross a boundary between Federal land and non-Federal
land; and
(D) any other activities to restore or improve
forest, rangeland, or watershed health, including fish
and wildlife habitat.
(4) Good neighbor agreement.--The term ``good neighbor
agreement'' means--
(A) a nonfunding master cooperative agreement entered
into between the Secretary and a Governor under chapter
63 of title 31, United States Code; or
(B) a memorandum of agreement or understanding
entered into between the Secretary and a Governor.
(5) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State.
(6) Secretary--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
Bureau of Land Management land.
(b) Good Neighbor Agreements.--
(1) In general.--The Secretary may enter into a good neighbor
agreement with a Governor to coordinate the procurement and
implementation of authorized restoration services in accordance
with this section.
(2) Public notice and comment.--The Secretary shall make each
good neighbor agreement available to the public.
(c) Task Orders, Contracts, and Cooperative Agreements.--
(1) In general.--The Secretary may issue a task order for, or
enter into a contract (including a sole source contract) or
cooperative agreement with, a Governor to carry out authorized
restoration services.
(2) Requirements.--Each task order, contract, or cooperative
agreement entered into under paragraph (1) shall be executed in
accordance with--
(A) chapter 63 of title 31, United States Code; and
(B) the applicable good neighbor agreement.
(d) Contract and Subcontract Requirements.--
(1) Requirements for services on federal land.--
(A) In general.--For authorized restoration services
carried out on Federal land under subsection (c), each
contract and subcontract issued under the authority of
a Governor shall include the provisions described in
subparagraph (B) that would have been included in the
contract had the Secretary been a party to the
contract.
(B) Applicable provisions.--The provisions referred
to in subparagraph (A) are provisions for--
(i) wages and benefits for workers employed
by contractors and subcontractors required by--
(I) subchapter IV of chapter 31 of
part A of subtitle II of title 40,
United States Code; and
(II) chapter 6 of title 41, United
States Code;
(ii) nondiscrimination; and
(iii) worker safety and protection.
(2) Requirements for small businesses.--Each contract and
subcontract for authorized restoration services under
subsection (c) shall comply with provisions for small business
assistance and protection that would have been applicable to
the contract had the Secretary been a party to the contract.
(3) Liability.--The Secretary shall include provisions in
each good neighbor agreement, contract, or cooperative
agreement, as appropriate, governing the potential liability of
the State and the Secretary for actions carried out under this
Act.
(e) Termination of Effectiveness.--
(1) In general.--The authority of the Secretary to enter into
cooperative agreements and contracts under this section
terminates on September 30, 2019.
(2) Contract date.--The termination date of a cooperative
agreement or contract entered into under this section shall not
extend beyond September 30, 2020.
(3) Consolidated authority.--
(A) Federal and state cooperative watershed
restoration and protection in colorado.--Section 331 of
the Department of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291; 114 Stat.
996) is repealed.
(B) Federal and state cooperative forest, rangeland,
and watershed restoration in utah.--Section 337 of the
Department of the Interior and Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
3102) is repealed.
(4) Existing contracts.--Nothing in the amendments made by
this section affects contracts in effect on the day before the
date of enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary.
Purpose
The purpose of S. 2798 is to help mitigate the hazards
posed by landscape-scale epidemics of bark beetles and other
insects and diseases in the West, and to authorize certain
cooperative agreements and contracts with State agencies to
facilitate hazardous fuel reduction and forest restoration
projects on adjacent Federal and non-Federal land.
Background and Need
Bark beetles are a large and diverse group of insects that
typically feed on the tissue of woody plants and often directly
kill the host tree. They are important disturbance agents in
western coniferous forests, influencing forest ecosystem
structure and function by regulating certain aspects of primary
production, nutrient cycling, ecological succession, and the
size, distribution, and abundance of trees. These mortality
events are part of the ecology of western forests and
positively influence many ecological processes, but the
economic and social implications also can be significant. For
example, bark beetle infestations influence timber and fiber
production, water quality and quantity, fish and wildlife
populations, recreation, grazing capacity, biodiversity,
endangered species, real estate values, and cultural resources
in a variety of ways.
Bark beetle epidemics have been recorded in the West
intermittently in recent centuries, but some of the current
activity exceeds recorded levels and has been observed in some
ecosystems where such activity never or seldom has been
recorded. In 2008, nearly 9.0 million acres of tree mortality
caused by insects and disease were reported in the United
States. Nearly 8.0 million of those acres were caused by
various species of western bark beetles, 69 percent (6.2
million acres) of which were caused by the mountain pine beetle
primarily in Montana, Colorado, Wyoming, Idaho, Oregon, Utah,
Washington, California, South Dakota, Nevada, and Arizona.
Meanwhile, a bark beetle epidemic that killed millions of acres
of pinon-juniper woodlands and ponderosa pine forests in
Arizona and New Mexico earlier this decade has subsided, as has
a spruce beetle outbreak that affected millions of acres in
Alaska.
There appears to be significant scientific uncertainty
regarding what resource management responses to bark beetle
infestations may be appropriate. Moreover, some responses may
be appropriate in some circumstances or ecosystems, but not
others. For example, anecdotal information indicates that while
thinning overstocked stands in some forest types may increase
resistance to some bark beetles, the process of cutting,
chipping, or prescribed burning also can increase bark beetle
activity. The affect of bark beetle infestations on fire
behavior also remains subject to uncertainty and scientific
debate. For example, there have been instances of increased
fire activity at unusually high elevations following large
insect outbreaks. In other cases, wildfires have burned at
lower severity in areas with high mortality caused by bark
beetles than in adjacent areas that were unaffected by bark
beetles.
In any case, the Forest Service has been active both in
conducting research and in developing management responses to
insect and disease epidemics. For example, the Rocky Mountain
Region of the Forest Service has developed a ``Bark Beetle
Incident Implementation Plan'' that provides ``a strategy which
will be used to develop collaborative opportunities tocombat
the bark beetle effects across the different land ownerships affected
by the mountain pine beetle epidemic.'' The Plan identifies a clear
need to remove the dead and dying trees along roads and trails, and
within developed recreational sites, work centers, and other areas
frequented by the public. These trees can pose a high risk to public
health and safety when they fall due to rot. The Forest Service
allocated an additional $40 million to the Region in December of 2009
to address such public safety concerns and forest health needs, and the
needs are expected to increase significantly in the coming years as
large numbers of trees fall.
S. 2798 would help to mitigate the hazards posed by insect
and disease epidemics by directing the Secretary of Agriculture
to map ``high-risk areas'' in the West where hazard trees
killed by landscape-scale bark beetle infestations pose a high
risk to public health and safety, and to provide that
information and related educational materials to the public. It
also would direct the Secretary to map landscape-scale tree
mortality and to provide that information to communities and
other stakeholders, and provide a number of authorities to
support the response to the epidemic, including ``good
neighbor'' authority for the Forest Service and Bureau of Land
Management (``BLM'') to conduct insect and disease treatments,
hazardous fuel reduction, and other projects across Federal
land boundaries using a single crew of Federal or State
employees or a private contractor.
Legislative History
S. 2798 was introduced by Senator Mark Udall on November
18, 2009. The Subcommittee on Public Lands and Forests held a
hearing on the bill on April 21, 2010. At its business meeting
on August 5, 2010, the Committee on Energy and Natural
Resources ordered S. 2798 favorably reported with an amendment
in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on August 5 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 2798, if amended as
described herein.
Committee Amendment
During its consideration of S. 2798, the Committee adopted
an amendment in the nature of a substitute. The amendment
includes additional direction to the Secretary of Agriculture
to map ``high-risk areas'' in the West where hazard trees
killed by landscape-scale bark beetle infestations pose a high
risk to public health and safety, and to provide that
information and related educational materials to the public.
The amendment is explained in detail in the section-by-section
analysis below.
Section-by-Section Analysis
Section 1 provides the short title for the bill.
Section 2 provides the purposes of the bill.
Section 3 provides the definitions for the bill.
Section 4(a) directs the Secretary of Agriculture to
identify for the public those roads, trails, and other areas of
the National Forest System in the West where landscape-scale
tree mortality has resulted in a high risk to public health or
safety due to falling trees. It also directs the Secretary to
develop educational materials to inform the public of the risk
and measures that can be taken to reduce the risk from such
trees, and to update that information in response to changing
conditions in the forest.
Subsection (b) directs the Secretary to continue mapping
those areas of the National Forest System where there is
landscape-scale tree mortality caused by insect or disease
epidemics, including the annual progression of the mortality
and a projection of the progression of the infestation into the
near future. It also directs the Secretary to periodically
update the information to reflect the best available
information, and to provide the information to stakeholders.
Section 5 authorizes the Secretary to implement programs to
provide support for biomass utilization, restoration assistance
for private landowners, and hazardous fuel reduction projects
on National Forest System land in response to an insect or
disease epidemic.
Section 6 authorizes the Secretary and the Secretary of the
Interior to enter into ``good neighbor agreements'' with State
agencies.
Subsection (a) provides the definitions for section 6.
Subsection (b) authorizes the Forest Service and BLM to
enter into a master cooperative agreement or memorandum of
agreement with a State Forester or other appropriate State
official to coordinate the procurement and implementation of
similar and complementary treatments on adjacent Federal and
non-Federal land for insect- and disease-infected trees,
hazardous fuels, and other restoration. This ``good neighbor
agreement'' would provide over-arching guidance to improve
communication and cooperation between the Federal and State
agencies to conduct unified cross-boundary projects.
Subsection (c) authorizes task orders, contracts, and
cooperative agreements, as appropriate under existing law, to
be used to implement a particular project consistent with the
good neighbor agreement.
Subsection (d) provides for certain Federal contract
requirements to apply in the case where a contract or
subcontract is issued under State law to implement a project on
Federal land, including wage and benefit requirements of the
Davis-Bacon and Service Contract Acts and processes supporting
small businesses. Also included are standard clauses included
in Federal agency contracts regarding nondiscrimination and
worker safety and protection. Finally, this subsection directs
the Secretary to include appropriate provisions governing the
potential liabilities of the Secretary and the State that may
arise during the project contracting or implementation process.
Subsection (e) terminates the authority of the Secretaries
to enter into cooperative agreements and contracts under this
section on September 30, 2019; requires the agreements and
contracts to not extend beyond that day the following year;
repeals the existing ``pilot'' authorities for good neighbor
projects; and clarifies that the repeals do not affect existing
contracts.
Section 7 authorizes to be appropriated such sums as may be
necessary to carry out the bill.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2798--National Forest Insect and Disease Emergency Act of 2010
S. 2798 would authorize the Forest Service to carry out
certain activities to mitigate fire hazards caused by insect
and disease infestations in national forests. Based on
information provided by the Forest Service, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Under the bill, the Forest Service could enter into
contracts with state governments to perform certain restoration
activities in national forests. Any amounts paid to states to
carry out those activities would be offset by reduced spending
for similar activities performed by the agency. In addition,
based on information from the Forest Service, CBO estimates
that other authorities provided under the bill would not affect
the federal budget because those authorities exist under
current law.
S. 2798 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2798.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2798, as ordered reported.
Congressionally Directed Spending
S. 2798, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at the April 21, 2010, subcommittee
hearing on S. 2798, which is printed below:
Statement of Harris Sherman, Under Secretary, Natural Resources and
Environment
Mr. Chairman, Members of the Committee, thank you for the
opportunity to share the Administration's views on S. 2798, the
National Forests Insect and Disease Emergency Act of 2009.
I would like to express my appreciation to Senators Udall
and Risch for their leadership in addressing insect and disease
issues on millions of acres affecting thousands of communities
across the western United States. This legislation: authorizes
the Secretary of Agriculture to designate emergency areas in
order to mitigate hazards posed by large scale infestations of
beetles and insects; directs that increased resources are
available within each emergency area to mitigate hazards; and
makes existing good neighbor and stewardship contracting
authorities permanent. The legislation directs the Secretary to
give priority consideration to the removal of hazardous fuels
and hazard trees, the restoration of forest health, and the
delivery of assistance to state and local governments, Indian
tribes, and private landowners in the designated emergency
areas. The legislation provides for the application of the
Healthy Forest Restoration Act environmental documentation
process and a pre-decisional administrative review process to
provide for a more rapid response to address these issues. We
believe the pathway forward to restore these areas is to work
in close coordination with states and private landowners.
CURRENT CHALLENGES
Outbreaks of bark beetles, which are occurring in numerous
forest ecosystems across western North America, are the largest
in recorded history.\1\ Although western forests have
experienced regular infestations throughout their history, the
current outbreaks are notable for their intensity, extensive
range, and simultaneous occurrence in multiple ecosystems.
During the last 10 years there have been 17 million acres
affected by bark beetles in the interior west (CO, MT, ID, WY,
UT, SD).\2\
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\1\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North
America: Causes and Consequences, Bark Beetle Symposium, Snowbird,
Utah.
\2\USDA, Forest Service--Forest Health Protection Aerial Survey
Data. 2009.
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The primary difference between previous beetle outbreaks
and the current epidemic is that more people now live, work and
recreate throughout the lodgepole pine ecosystem. Removing dead
trees and other fuels can effectively reduce the risk of fire
damage at a local scale, e.g., in the immediate vicinity of a
home or community, although the effectiveness of removing dead
trees to reduce fire risk at the forest landscape scale is less
clear.\3\ Communities surrounded by dead trees are at increased
risk of wildfire and damage from falling trees. In addition,
the forest products industry that is vital to the efficient
removal of hazardous fuels and hazard trees has been hard hit
by the down turn in the market. These important differences
along with the scale of infestations require new and innovative
approaches that reduce safety threats to people and property
while ensuring that the restored forests are diverse and
resilient to change across the landscape.
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\3\See Dominik Kulakowski, Thomas T. Veblen (2007) EFFECT OF PRIOR
DISTURBANCES ON THE EXTENT AND SEVERITY OF WILDFIRE IN COLORADO
SUBALPINE FORESTS. Ecology: Vol. 88, No. 3.
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PUBLIC HAZARDS
Dead trees pose several significant hazards to public
safety including increased risk of catastrophic fire, threats
to water supplies as a result of catastrophic fire, and hazard
trees along utility corridors, roads, trails, and other
infrastructure.
Wildfire Implications
The relationship between bark beetle outbreaks and
subsequent fire at the larger landscape scale is not yet fully
understood.\4\ Outbreaks in recent years have provided
scientists with excellent opportunities to conduct studies and
gather new information about the role of bark beetles in
western forests, but more research remains to be done.
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\4\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North
America: Causes and Consequences, Bark Beetle Symposium, Snowbird,
Utah.
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At the stand level, both crown and surface fire hazards\5\
change over time after a bark beetle outbreak.\6\ The fire
hazard in the crown is high in the period one to two years
after pine trees die because the dead needles are retained in
the tree's crown, stocking the canopy with dry, fine fuels that
can ignite quickly during weather conditions conducive to
fire.\7\ Importantly, in the grey phase, characterized by dead
standing trees with no needles, the risk of ignition and the
risk of crown fires actually go down, and that lasts for 10 to
20 years after the tree is attacked.\8\ As the trees lose their
needles, the fire risk in the crowns decreases because there is
less fuel. The fire hazard at the surface increases as dead
trees begin to fall and create a heavy fuel bed with young
trees growing up through the tangle of down logs.\9\ In dry,
hot, windy weather conditions, fires burning in heavy surface
fuels can move fast, burn extremely hot, and be very resistant
to control.\10\ An additional significant concern is the safety
of our firefighters. Large areas of fallen trees limit escape
routes for crews, severely limiting our ability to deploy
firefighters in these areas.\11\
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\5\The term Fire hazard as used here refers specifically to the
state of fuels in a given stand--independent of variables such as
temperature, wind, and precipitation that influence fuel moisture
content and fire occurrence.
\6\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North
America: Causes and Consequences, Bark Beetle Symposium, Snowbird,
Utah.
\7\Page, W.; Jenkins, M. 2007. Mountain pine beetle-induced changes
to selected lodgepole pine fuel complexes within the intermountain
region. Forest Science 53(4):507-518.
Page, W.; Jenkins, M. 2007. Predicted Fire Behavior in Selected
Mountain Pine Beetle-Infested Lodgepole Pine. Forest Science 53(6):662-
674.
Hawkes, B. 2008. Effects of the mountain pine beetle on fuels and
fire behaviour. In Mountain Pine Beetle: From Lessons Learned to
Community-based Solutions Conference Proceedings, June 10-11, 2008. BC
Journal of Ecosystems and Management 9(3):77-83. http.www.forrex.org/
publications/jem/ISS49/vol9_no3_ MPBconference.pdf.
Jenkins, M., Hebertson E., Page, W. and Jorgensen, C. 2008. Bark
beetles, fuels, fires and implications for forest management in the
Intermountain West. Forest Ecology and Management 254 (2008) 16-34.
\8\See Dominik Kulakowski, Thomas T. Veblen (2007) EFFECT OF PRIOR
DISTURBANCES ON THE EXTENT AND SEVERITY OF WILDFIRE IN COLORADO
SUBALPINE FORESTS. Ecology: Vol. 88, No. 3, pp. 759-769.
\9\Bentz, et al. (2009) Bark Beetle Outbreaks in Western North
America: Causes and Consequences, Bark Beetle Symposium, Snowbird,
Utah.
\10\Barrows, J. 1951. Fire Behavior in the Northern Rocky
Mountains. Station Paper No. 29. USDA Forest Service, Northern Rocky
Mountain Forest and Range Experiment Station, Missoula MT. 133 pages.
\11\Alexander, M. and Stam, J. 2003. Safety Alert for Wildland
Firefighters: Fuel Conditions in Spruce Beetle Killed Forest of Alaska.
Fire Management Today 63 (2) 25.
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A wildfire burning in the heavy fuels close to the soil can
literally bake the soil, sterilizing it and sometimes leaving a
water-repellent surface that sheds rain, and leads to severe
gully erosion, debris flows into reservoirs and streams, and
flood damage. We experienced these effects after the Hayman
Fire in central Colorado in 2002. After the Buffalo Creek Fire
in 1996, Strontia Springs Reservoir filled with sediment that
washed off burned areas after heavy rains, and the South Platte
River was running brown with mud.
Hazard Trees
In certain areas, dead trees are an immediate hazard
because of the increased risk they may fall and damage property
or hurt people. For example, in the beetle-infested area of
northern Colorado and southern Wyoming, over 900 miles of
trails and 3500 miles of roads are lined with dead trees that
are at high risk of falling. There are hazard trees on more
than 21,000 acres of developed recreation sites--such as
campgrounds and picnic areas. Power lines and communication
sites are also threatened by hazard trees. There are more than
six thousand acres of right-of-way corridors for authorized
transmission and distribution lines in the area affected by
bark beetle infestation in northern Colorado and southern
Wyoming.\12\ Forest Service resource specialists have estimated
this represents over 1000 miles of transmission lines. When
dead trees within and bordering on transmission corridors fall
on lines they can start wildfires and disrupt power supplies to
cities and towns.
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\12\Figure derived from data in the Forest Service Special-Use
Database System, Region 2.
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CURRENT EFFORTS
No effective treatment for suppression of large-scale pine
beetle outbreaks currently exists, but the agencies within the
Department are approaching this problem in a variety of ways
based upon their individual missions, policies, laws, and
management mandates under which they operate. On National
Forests that have been affected by bark beetle, we are actively
engaged in numerous on-the-ground efforts to address the insect
and disease outbreak that this legislation targets. In the
areas hardest hit by bark beetles, we modified our 2010 budget
allocations to focus resources to mitigate the outbreak.
When Secretary Vilsack articulated his vision for America's
forests, he underscored the overriding importance of forest
restoration by calling for a commitment to restoration across
landscapes--an all-lands approach to forest restoration--by
working closely with other landowners to encourage
collaborative solutions. Restoring our forests includes
mitigating the effects of severe infestations of insects and
disease by removing dead trees where appropriate and working
across boundaries by cooperating with the states, other
governments, and private landowners. Much of the woody material
to be removed can be used as a sustainable energy source for
our country and other uses such as pellets for wood stoves,
house logs, furniture, and decorative items.
As Forest Service Chief, Tom Tidwell, recently stated in
testimony on the President's budget, the agency will integrate
traditional timber activities predominately within the context
of larger restoration objectives, focusing on priority
watersheds in most need of stewardship and restoration work,
pursuing forest products when they support watershed, wildlife,
and restoration goals. We will also greatly expand the use of
stewardship contracting authority to meet restoration
objectives and build in longer-term contracting certainty for
communities and the private sector to invest in the kind of
forest restoration infrastructure we will need to achieve these
objectives. In this regard and to the extent that S. 2798 is
implemented using a science-based and collaborative approach,
engaging multiple and diverse stakeholders, this bill will be
more consistent with the aspirations and goals of the
Administration concerning ecological forest restoration and
rural job development.
The Forest Service recognizes the impact a depressed market
is having on the forest products industry in much of the West.
The forest products industry is a primary partner in
accomplishing work integral to sustaining and restoring the
health, diversity, and productivity of the National Forest
System, and can help us in our work to mitigate the risks of
insects and disease. To accomplish the work of effectively and
efficiently restoring National Forest System lands to a healthy
condition, we need skilled forestry operators, vibrant rural
communities, and a healthy forest products industry.
Our experience indicates that an expanded use of the
objections process under the Healthy Forest Restoration Act
tends to increase direct dialogue between the agency and
stakeholders and often results in resolution of concerns before
a decision is made, and thus a better, more informed decision
results.
CONCERNS
I look forward to further dialogue with Senators Udall and
Risch and the committee to consider the following suggestions,
concerns and other minor technical input into sections of the
legislation.
Biomass
We appreciate the emphasis on biomass production and use to
promote a sustainable and renewable energy source for our
country that may lead to greater diversification of the wood
products markets and the development of new businesses and
jobs. However, we would like to work with the committee to
understand and address the relationship between the bill and
the Clean Air Act and existing programs and policies.
Stewardship Contracting
We appreciate and value the recognition of the need for
stewardship contracting authority as a tool to achieve forest
restoration goals on the national forests. We have serious
concerns with the methods used to address the challenges of
awarding long-term stewardship contracts, and do not believe
the provisions in Section 7(a)(1) and (3) is necessary or
desirable. The administration has the flexibility to address
relevant requirements and is convening a multi-agency working
group to identify and assess options for issues related to
stewardship contracting, and we look forward to apprising the
Committee on progress.
National Environmental Policy Act Provisions
We are concerned about the applicability provisions under
Section 4 emergency designations. We are concerned that not
subjecting emergency designations to applicable laws and
regulations would give the impression that the bill circumvents
important environmental protections and we would like to work
with you to ensure environmental protections remain. We would
also like to work with you to clarify the nature and effect of
designating insect and disease emergency areas to better
understand applicability to other laws and regulations.
Similarly, the Administration has significant concerns about
the overly broad waiver contained in Section 4(c)(6)(c).
While the bill recognizes NEPA's applicability to treatment
decisions, it does so by expanding the use of the-Healthy
Forest Restoration Act (HFRA) provisions for NEPA analysis and
documentation. The bill needs to provide for an effective NEPA
process and include HFRA protections for old-growth forest
stands, threatened and endangered species, and other resources.
We would like to work with you to ensure that management
actions will be consistent with land management plans and
consistent with prohibitions and restrictions on removing
vegetation from Federal land including roadless areas.
Good Neighbor Authority
As the Departments of Interior and Agriculture testified
before this subcommittee in October of 2009, we believe our
Nation's forests and public lands face forest health challenges
that must be addressed across diverse land ownerships. In these
times of limited resources, it is important to leverage
workforce and technical capacities and develop partnerships for
forest restoration across all lands, while ensuring compliance
with existing applicable laws and regulations. However, we
believe further study and analysis is needed to better
understand the interplay of needs, state and federal
contracting and labor law, and regulation before expansion of
the authority is authorized. For example, where federal or
applicable state contracts are awarded, we would seek to use
competition, consistent with current statutory requirements and
the President's March 4, 2009 Memorandum on Government
Contracting. We look forward to working with the committee,
States, and federal agencies to make suggestions to improve the
bill in a manner that meets the needs of key stakeholders.
I want to again thank Senators Udall and Risch for their
leadership and commitment to our national forests, their
surrounding communities and the forest products infrastructure.
I look forward to working with the Senators the committee, and
all interested stakeholders on this bill and to help ensure
sustainable communities and provide the best land stewardship
for our national forests.
This concludes my prepared statement and I would be pleased
to answer any questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2798, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
2001
(Public Law 106-291; 114 Stat. 996; Approved October 11, 2000)
AN ACT Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 2001, and for
other purposes.
* * * * * * *
[Sec. 331. Federal and State Cooperative Watershed
Restoration and Protection in Colorado. (a) Use of Colorado
State Forest Service.--The Secretary of Agriculture, via
cooperative agreement or contract (including sole source
contract) as appropriate, may permit the Colorado State Forest
Service to perform watershed restoration and protection
services on National Forest System lands in the State of
Colorado when similar and complementary watershed restoration
and protection services are being performed by the State Forest
Service on adjacent State or private lands. The types of
services that may be extended to National Forest System lands
include treatment of insect infected trees, reduction of
hazardous fuels, and other activities to restore or improve
watersheds or fish and wildlife habitat across ownership
boundaries.
[(b) State as Agent.--Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of Colorado to serve as the agent
for the Forest Service in providing all services necessary to
facilitate the performance of watershed restoration and
protection services under subsection (a). The services to be
performed by the Colorado State Forest Service may be conducted
with subcontracts utilizing State contract procedures.
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 cooperative agreement or contract
under subsection (a).
[(c) Retention of NEPA Responsibilities.--With respect to
any watershed restoration and protection services on National
Forest System lands proposed for performance by the Colorado
State Forest Service under subsection (a), any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to the
State Forester of Colorado or any other officer or employee of
the Colorado State Forest Service.
[(d) Inclusion of Colorado BLM Lands.--The authority
provided by this section shall also be available to the
Secretary of the Interior with respect to public lands in the
State of Colorado administered by the Secretary through the
Bureau of Land Management.
[(e) Expiration of Authority.--The authority of the
Secretary of Agriculture and the Secretary of the Interior to
enter into cooperative agreements and contracts under this
section expires September 30, 2013, and the term of any
cooperative agreement or contract entered into under this
section shall not extend beyond that date.]
CONSOLIDATED APPROPRIATIONS ACT, 2005
(Public Law 108-447; 118 Stat. 3102; Approved December 8, 2004)
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2005, and
for other purposes.
* * * * * * *
[Sec. 337. Federal and State Cooperative Forest, Rangeland,
and Watershed Restoration in Utah. (a) Authority.--Until
September 30, 2010, the Secretary of Agriculture, via
cooperative agreement or contract (including sole source
contract) as appropriate, may permit the State Forester of the
State of Utah to perform forest, rangeland, and watershed
restoration services on National Forest System lands in the
State of Utah. Restoration services provided are to be on a
project to project basis as planned or made ready for
implementation under existing authorities of the Forest
Service. The types of restoration services that may be
contracted under this authority include treatment of insect
infected trees, reduction of hazardous fuels, and other
activities to restore or improve forest, rangeland, and
watershed health including fish and wildlife habitat.
[(b) State as Agent.--Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of the State of Utah to serve as
agent for the Forest Service in providing services necessary to
facilitate the performance and treatment of insect infested
trees, reduction of hazardous fuels, and to restore or improve
forest, rangeland, and watershed health including fish and
wildlife habitat under subsection (a). The services to be
performed by the State Forester of Utah may be conducted with
subcontracts utilizing State of Utah contract procedures.
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 cooperative agreement or contract
under subsection (a).
[(c) Retention of NEPA Responsibilities.--With respect to
any treatment activity to restore and improve forest,
rangeland, and watershed health including fish and wildlife
habitat services on National Forest System lands programmed for
treatment by the State Forester of the State of Utah under
subsection (a), any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4821 et
seq.) may not be delegated to any officer or employee of the
State of Utah.]