HR 5960 · 112th Congress 2011–2013, ended

Depleting Risk from Insect Infestation, Soil Erosion, and Catastrophic Fire Act of 2012

Introduced Jun 19, 2012 Originated House Sponsor Edward J. Markey D-MA

Latest action · Jul 20, 2012 Subcommittee Hearings Held.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJun 19, 2012
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Depleting Risk from Insect Infestation, Soil Erosion, and Catastrophic Fire Act of 2012 - Amends the Healthy Forests Restoration Act of 2003 to state findings concerning the threat to forests in the Western region of the United States posed by the mountain pine beetle.

Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior, as appropriate, to designate as part of an insect and disease treatment and research pilot program at least one subwatershed in at least one national forest in each state that is experiencing an insect or disease epidemic and characterized by: (1) substantially increased tree mortality due to infestation; (2) the risk of substantially increased tree mortality over the next 15 years due to infestation; or (3) presence in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.

Authorizes the Secretary to carry out priority projects on federal land in the designated subwatersheds to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the subwatersheds. Deems such projects to be authorized hazardous fuel reduction projects.

Extends the authorization of appropriations for the insect infestation and related diseases program through FY2017.

Allows the Secretary to use amounts appropriated to carry out the Soil Conservation and Domestic Allotment Act to cover the costs of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program.

Authorizes the Chief of the Forest Service and the Director of the Bureau of Land Management (BLM) to enter into stewardship contracting projects to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. Replaces a similar program established by the Department of the Interior and Related Agencies Appropriations Act, 1999.

Allows the Secretary to issue a task order for, or enter into a good neighbor agreement or a cooperative agreement or contract with, a governor for purposes of carrying out similar and complementary forest, rangeland, and watershed restoration services on adjacent federal and non-federal land (with exceptions).

Amends emergency runoff retardation and soil erosion preventive provisions of the Agricultural Credit Act of 1978 to require the Secretary of Agriculture to give priority consideration to applications for assistance submitted by landowners and land users for measures needed to remediate the effects of catastrophic wildfire on federal land that is the source of drinking water for the landowners and land users.

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Jun 19, 2012 to Jun 27, 2012; 2 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-NM	Ben Ray Luján	Original	Jun 19, 2012
D-AZ	Raúl M. Grijalva	Original	Jun 19, 2012
D-CA	Grace F. Napolitano		Jun 26, 2012
D-CA	Jim Costa		Jun 26, 2012
D-CO	Jared Polis		Jun 27, 2012

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Agriculture Committee	Referred Jun 19, 2012
	Nutrition and Foreign Agriculture Subcommittee	Referred Jun 27, 2012
House	Natural Resources Committee	Referred Jun 19, 2012
	Federal Lands Subcommittee	Referred Jun 26, 2012Hearings Jul 20, 2012

Actions 5

Everything that happened, newest first.

Jul 20, 2012Subcommittee Hearings Held.
Jun 27, 2012Referred to the Subcommittee on Nutrition and Horticulture .
Jun 26, 2012Referred to the Subcommittee on National Parks, Forests and Public Lands.
Jun 19, 2012Introduced in House
Jun 19, 2012Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: This bill addresses management of federal land. Accordingly, we turn to the following constitutional authority: Article IV, Section 3, Clause 2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Currently, the federal government possesses approximately 1.8 billion acres of land. The land at issue in this bill is but a small part of those holdings. The U.S. Constitution specifically addresses the relationship of the federal government to lands. Article IV, Sec. 3, Clause 2--the Property Clause--gives Congress plenary power and full authority over federal property. The U.S. Supreme Court has described Congress's power to legislate under this Clause as ``without limitation.'' Because of this express Constitutional authority, Congress has the right, if not the duty, to properly manage its public lands, including establishing forestation policies, and tree harvesting and tree salvaging. This bill falls squarely within the express Constitutional power set forth in the Property Clause.

The sponsor’s statement, as printed in the page H3807.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 112-121	H.R. 5744, CATASTROPHIC WILDFIRE PREVENTION ACT OF 2012; H.R. 5960, DEPLETING RISK FROM INSECT INFESTATION, SOIL EROSION, AND CATASTROPHIC FIRE ACT OF 2012; AND H.R. 6089, HEALTHY FOREST MANAGEMENT ACT OF 201272 pages	Natural Resources Committee	Jul 20, 2012

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To amend the Healthy Forests Restoration Act of 2003 to improve the response to insect infestations and related diseases and to change the funding source for the Healthy Forests Reserve Program, to codify the stewardship end result contracting and good neighbor authorities, and to amend the emergency watershed protection program to improve post fire rehabilitation, and for other purposes.
Short Titles as Introduced: Depleting Risk from Insect Infestation, Soil Erosion, and Catastrophic Fire Act of 2012

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 1

Each version as it was printed, newest first.

Jun 19, 2012Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.