[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Enrolled Bill (ENR)]
H.R.1904
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To improve the capacity of the Secretary of Agriculture and the
Secretary of the Interior to conduct hazardous fuels reduction projects
on National Forest System lands and Bureau of Land Management lands
aimed at protecting communities, watersheds, and certain other at-risk
lands from catastrophic wildfire, to enhance efforts to protect
watersheds and address threats to forest and rangeland health, including
catastrophic wildfire, across the landscape, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Healthy Forests
Restoration Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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91ab01a733ba990eb059fec12beb6d30604702bc8b2b9863416b8acf11268256

TITLE IV

-INSECT INFESTATIONS AND RELATED DISEASES

detection of and response to environmental threats.

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TITLE VI

-MISCELLANEOUS

The purposes of this Act are--
(1) to reduce wildfire risk to communities, municipal water
supplies, and other at-risk Federal land through a collaborative
process of planning, prioritizing, and implementing hazardous fuel
reduction projects;
(2) to authorize grant programs to improve the commercial value
of forest biomass (that otherwise contributes to the risk of
catastrophic fire or insect or disease infestation) for producing
electric energy, useful heat, transportation fuel, and petroleum-
based product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds and address
threats to forest and rangeland health, including catastrophic
wildfire, across the landscape;
(4) to promote systematic gathering of information to address
the impact of insect and disease infestations and other damaging
agents on forest and rangeland health;
(5) to improve the capacity to detect insect and disease
infestations at an early stage, particularly with respect to
hardwood forests; and
(6) to protect, restore, and enhance forest ecosystem
components--
(A) to promote the recovery of threatened and endangered
species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon sequestration.

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In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the
surface of which is administered by the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management.
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).

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In this title:
(1) At-risk community.--The term ``at-risk community'' means an
area--
(A) that is comprised of--
(i) an interface community as defined in the notice
entitled ``Wildland Urban Interface Communities Within the
Vicinity of Federal Lands That Are at High Risk From
Wildfire'' issued by the Secretary of Agriculture and the
Secretary of the Interior in accordance with title IV of
the Department of the Interior and Related Agencies
Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. Reg.
753, January 4, 2001); or
(ii) a group of homes and other structures with basic
infrastructure and services (such as utilities and
collectively maintained transportation routes) within or
adjacent to Federal land;
(B) in which conditions are conducive to a large-scale
wildland fire disturbance event; and
(C) for which a significant threat to human life or
property exists as a result of a wildland fire disturbance
event.
(2) Authorized hazardous fuel reduction project.--The term
``authorized hazardous fuel reduction project'' means the measures
and methods described in the definition of ``appropriate tools''
contained in the glossary of the Implementation Plan, on Federal
land described in section 102(a) and conducted under sections 103
and 104.
(3) Community wildfire protection plan.--The term ``community
wildfire protection plan'' means a plan for an at-risk community
that--
(A) is developed within the context of the collaborative
agreements and the guidance established by the Wildland Fire
Leadership Council and agreed to by the applicable local
government, local fire department, and State agency responsible
for forest management, in consultation with interested parties
and the Federal land management agencies managing land in the
vicinity of the at-risk community;
(B) identifies and prioritizes areas for hazardous fuel
reduction treatments and recommends the types and methods of
treatment on Federal and non-Federal land that will protect 1
or more at-risk communities and essential infrastructure; and
(C) recommends measures to reduce structural ignitability
throughout the at-risk community.
(4) Condition class 2.--The term ``condition class 2'', with
respect to an area of Federal land, means the condition class
description developed by the Forest Service Rocky Mountain Research
Station in the general technical report entitled ``Development of
Coarse-Scale Spatial Data for Wildland Fire and Fuel Management''
(RMRS-87), dated April 2000 (including any subsequent revision to
the report), under which--
(A) fire regimes on the land have been moderately altered
from historical ranges;
(B) there exists a moderate risk of losing key ecosystem
components from fire;
(C) fire frequencies have increased or decreased from
historical frequencies by 1 or more return intervals, resulting
in moderate changes to--
(i) the size, frequency, intensity, or severity of
fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been moderately altered from
the historical range of the attributes.
(5) Condition class 3.--The term ``condition class 3'', with
respect to an area of Federal land, means the condition class
description developed by the Rocky Mountain Research Station in the
general technical report referred to in paragraph (4) (including
any subsequent revision to the report), under which--
(A) fire regimes on land have been significantly altered
from historical ranges;
(B) there exists a high risk of losing key ecosystem
components from fire;
(C) fire frequencies have departed from historical
frequencies by multiple return intervals, resulting in dramatic
changes to--
(i) the size, frequency, intensity, or severity of
fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been significantly altered
from the historical range of the attributes.
(6) Day.--The term ``day'' means--
(A) a calendar day; or
(B) if a deadline imposed by this title would expire on a
nonbusiness day, the end of the next business day.
(7) Decision document.--The term ``decision document'' means--
(A) a decision notice (as that term is used in the Forest
Service Handbook);
(B) a decision record (as that term is used in the Bureau
of Land Management Handbook); and
(C) a record of decision (as that term is used in
applicable regulations of the Council on Environmental
Quality).
(8) Fire regime i.--The term ``fire regime I'' means an area--
(A) in which historically there have been low-severity
fires with a frequency of 0 through 35 years; and
(B) that is located primarily in low elevation forests of
pine, oak, or pinyon juniper.
(9) Fire regime ii.--The term ``fire regime II'' means an
area--
(A) in which historically there are stand replacement
severity fires with a frequency of 0 through 35 years; and
(B) that is located primarily in low- to mid-elevation
rangeland, grassland, or shrubland.
(10) Fire regime iii.--The term ``fire regime III'' means an
area--
(A) in which historically there are mixed severity fires
with a frequency of 35 through 100 years; and
(B) that is located primarily in forests of mixed conifer,
dry Douglas fir, or wet Ponderosa pine.
(11) Implementation plan.--The term ``Implementation Plan''
means the Implementation Plan for the Comprehensive Strategy for a
Collaborative Approach for Reducing Wildland Fire Risks to
Communities and the Environment, dated May 2002, developed pursuant
to the conference report to accompany the Department of the
Interior and Related Agencies Appropriations Act, 2001 (House
Report No. 106-64) (and subsequent revisions).
(12) Municipal water supply system.--The term ``municipal water
supply system'' means the reservoirs, canals, ditches, flumes,
laterals, pipes, pipelines, and other surface facilities and
systems constructed or installed for the collection, impoundment,
storage, transportation, or distribution of drinking water.
(13) Resource management plan.--The term ``resource management
plan'' means--
(A) a land and resource management plan prepared for 1 or
more units of land of the National Forest System described in
section 3(1)(A) under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or
(B) a land use plan prepared for 1 or more units of the
public land described in section 3(1)(B) under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712).
(14) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to land of
the National Forest System described in section 3(1)(A); and
(B) the Secretary of the Interior, with respect to public
lands described in section 3(1)(B).
(15) Threatened and endangered species habitat.--The term
``threatened and endangered species habitat'' means Federal land
identified in--
(A) a determination that a species is an endangered species
or a threatened species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(B) a designation of critical habitat of the species under
that Act; or
(C) a recovery plan prepared for the species under that
Act.
(16) Wildland-urban interface.--The term ``wildland-urban
interface'' means--
(A) an area within or adjacent to an at-risk community that
is identified in recommendations to the Secretary in a
community wildfire protection plan; or
(B) in the case of any area for which a community wildfire
protection plan is not in effect--
(i) an area extending \1/2\-mile from the boundary of
an at-risk community;
(ii) an area within 1\1/2\ miles of the boundary of an
at-risk community, including any land that--
(I) has a sustained steep slope that creates the
potential for wildfire behavior endangering the at-risk
community;
(II) has a geographic feature that aids in creating
an effective fire break, such as a road or ridge top;
or
(III) is in condition class 3, as documented by the
Secretary in the project-specific environmental
analysis; and
(iii) an area that is adjacent to an evacuation route
for an at-risk community that the Secretary determines, in
cooperation with the at-risk community, requires hazardous
fuel reduction to provide safer evacuation from the at-risk
community.

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TITLE I

-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

(a) Authorized Projects.--As soon as practicable after the date of
enactment of this Act, the Secretary shall implement authorized
hazardous fuel reduction projects, consistent with the Implementation
Plan, on--
(1) Federal land in wildland-urban interface areas;
(2) condition class 3 Federal land, in such proximity to a
municipal water supply system or a stream feeding such a system
within a municipal watershed that a significant risk exists that a
fire disturbance event would have adverse effects on the water
quality of the municipal water supply or the maintenance of the
system, including a risk to water quality posed by erosion
following such a fire disturbance event;
(3) condition class 2 Federal land located within fire regime
I, fire regime II, or fire regime III, in such proximity to a
municipal water supply system or a stream feeding such a system
within a municipal watershed that a significant risk exists that a
fire disturbance event would have adverse effects on the water
quality of the municipal water supply or the maintenance of the
system, including a risk to water quality posed by erosion
following such a fire disturbance event;
(4) Federal land on which windthrow or blowdown, ice storm
damage, the existence of an epidemic of disease or insects, or the
presence of such an epidemic on immediately adjacent land and the
imminent risk it will spread, poses a significant threat to an
ecosystem component, or forest or rangeland resource, on the
Federal land or adjacent non-Federal land; and
(5) Federal land not covered by paragraphs (1) through (4) that
contains threatened and endangered species habitat, if--
(A) natural fire regimes on that land are identified as
being important for, or wildfire is identified as a threat to,
an endangered species, a threatened species, or habitat of an
endangered species or threatened species in a species recovery
plan prepared under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), or a notice published in the Federal
Register determining a species to be an endangered species or a
threatened species or designating critical habitat;
(B) the authorized hazardous fuel reduction project will
provide enhanced protection from catastrophic wildfire for the
endangered species, threatened species, or habitat of the
endangered species or threatened species; and
(C) the Secretary complies with any applicable guidelines
specified in any management or recovery plan described in
subparagraph (A).
(b) Relation to Agency Plans.--An authorized hazardous fuel
reduction project shall be conducted consistent with the resource
management plan and other relevant administrative policies or decisions
applicable to the Federal land covered by the project.
(c) Acreage Limitation.--Not more than a total of 20,000,000 acres
of Federal land may be treated under authorized hazardous fuel
reduction projects.
(d) Exclusion of Certain Federal Land.--The Secretary may not
conduct an authorized hazardous fuel reduction project that would occur
on--
(1) a component of the National Wilderness Preservation System;
(2) Federal land on which the removal of vegetation is
prohibited or restricted by Act of Congress or Presidential
proclamation (including the applicable implementation plan); or
(3) a Wilderness Study Area.
(e) Old Growth Stands.--
(1) Definitions.--In this subsection and subsection (f):
(A) Applicable period.--The term ``applicable period''
means--
(i) the 2-year period beginning on the date of
enactment of this Act; or
(ii) in the case of a resource management plan that the
Secretary is in the process of revising as of the date of
enactment of this Act, the 3-year period beginning on the
date of enactment of this Act.
(B) Covered project.--The term ``covered project'' means an
authorized hazardous fuel reduction project carried out on land
described in paragraph (1), (2), (3), or (5) of subsection (a).
(C) Management direction.--The term ``management
direction'' means definitions, designations, standards,
guidelines, goals, or objectives established for an old growth
stand under a resource management plan developed in accordance
with applicable law, including section 6(g)(3)(B) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(g)(3)(B)).
(D) Old growth stand.--The term ``old growth stand'' has
the meaning given the term under management direction used
pursuant to paragraphs (3) and (4), based on the structure and
composition characteristic of the forest type, and in
accordance with applicable law, including section 6(g)(3)(B) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(g)(3)(B)).
(2) Project requirements.--In carrying out a covered project,
the Secretary shall fully maintain, or contribute toward the
restoration of, the structure and composition of old growth stands
according to the pre-fire suppression old growth conditions
characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
watershed health, and retaining the large trees contributing to old
growth structure.
(3) Newer management direction.--
(A) In general.--If the management direction for an old
growth stand was established on or after December 15, 1993, the
Secretary shall meet the requirements of paragraph (2) in
carrying out a covered project by implementing the management
direction.
(B) Amendments or revisions.--Any amendment or revision to
management direction for which final administrative approval is
granted after the date of enactment of this Act shall be
consistent with paragraph (2) for the purpose of carrying out
covered projects.
(4) Older management direction.--
(A) In general.--If the management direction for an old
growth stand was established before December 15, 1993, the
Secretary shall meet the requirements of paragraph (2) in
carrying out a covered project during the applicable period by
implementing the management direction.
(B) Review required.--Subject to subparagraph (C), during
the applicable period for management direction referred to in
subparagraph (A), the Secretary shall--
(i) review the management direction for affected
covered projects, taking into account any relevant
scientific information made available since the adoption of
the management direction; and
(ii) amend the management direction for affected
covered projects to be consistent with paragraph (2), if
necessary to reflect relevant scientific information the
Secretary did not consider in formulating the management
direction.
(C) Review not completed.--If the Secretary does not
complete the review of the management direction in accordance
with subparagraph (B) before the end of the applicable period,
the Secretary shall not carry out any portion of affected
covered projects in stands that are identified as old growth
stands (based on substantial supporting evidence) by any person
during scoping, within the period--
(i) beginning at the close of the applicable period for
the management direction governing the affected covered
projects; and
(ii) ending on the earlier of--
(I) the date the Secretary completes the action
required by subparagraph (B) for the management
direction applicable to the affected covered projects;
or
(II) the date on which the acreage limitation
specified in subsection (c) (as that limitation may be
adjusted by a subsequent Act of Congress) is reached.
(5) Limitation to covered projects.--Nothing in this subsection
requires the Secretary to revise or otherwise amend a resource
management plan to make the project requirements of paragraph (2)
apply to an activity other than a covered project.
(f) Large Tree Retention.--
(1) In general.--Except in old growth stands where the
management direction is consistent with subsection (e)(2), the
Secretary shall carry out a covered project in a manner that--
(A) focuses largely on small diameter trees, thinning,
strategic fuel breaks, and prescribed fire to modify fire
behavior, as measured by the projected reduction of
uncharacteristically severe wildfire effects for the forest
type (such as adverse soil impacts, tree mortality or other
impacts); and
(B) maximizes the retention of large trees, as appropriate
for the forest type, to the extent that the trees promote fire-
resilient stands.
(2) Wildfire risk.--Nothing in this subsection prevents
achievement of the purposes described in section 2(1).
(g) Monitoring and Assessing Forest and Rangeland Health.--
(1) In general.--For each Forest Service administrative region
and each Bureau of Land Management State Office, the Secretary
shall--
(A) monitor the results of a representative sample of the
projects authorized under this title for each management unit;
and
(B) not later than 5 years after the date of enactment of
this Act, and each 5 years thereafter, issue a report that
includes--
(i) an evaluation of the progress towards project
goals; and
(ii) recommendations for modifications to the projects
and management treatments.
(2) Consistency of projects with recommendations.--An
authorized hazardous fuel reduction project approved following the
issuance of a monitoring report shall, to the maximum extent
practicable, be consistent with any applicable recommendations in
the report.
(3) Similar vegetation types.--The results of a monitoring
report shall be made available for use (if appropriate) in an
authorized hazardous fuels reduction project conducted in a similar
vegetation type on land under the jurisdiction of the Secretary.
(4) Monitoring and assessments.--Monitoring and assessment
shall include a description of the changes in condition class,
using the Fire Regime Condition Class Guidebook or successor
guidance, specifically comparing end results to--
(A) pretreatment conditions;
(B) historical fire regimes; and
(C) any applicable watershed or landscape goals or
objectives in the resource management plan or other relevant
direction.
(5) Multiparty monitoring.--
(A) In general.--In an area where significant interest is
expressed in multiparty monitoring, the Secretary shall
establish a multiparty monitoring, evaluation, and
accountability process in order to assess the positive or
negative ecological and social effects of authorized hazardous
fuel reduction projects and projects conducted pursuant to
section 404.
(B) Diverse stakeholders.--The Secretary shall include
diverse stakeholders (including interested citizens and Indian
tribes) in the process required under subparagraph (A).
(C) Funding.--Funds to carry out this paragraph may be
derived from operations funds for projects described in
subparagraph (A).
(6) Collection of monitoring data.--The Secretary may collect
monitoring data by entering into cooperative agreements or
contracts with, or providing grants to, small or micro-businesses,
cooperatives, nonprofit organizations, Youth Conservation Corps
work crews, or related State, local, and other non-Federal
conservation corps.
(7) Tracking.--For each administrative unit, the Secretary
shall track acres burned, by the degree of severity, by large
wildfires (as defined by the Secretary).
(8) Monitoring and maintenance of treated areas.--The Secretary
shall, to the maximum extent practicable, develop a process for
monitoring the need for maintenance of treated areas, over time, in
order to preserve the forest health benefits achieved.

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(a) In General.--In accordance with the Implementation Plan, the
Secretary shall develop an annual program of work for Federal land that
gives priority to authorized hazardous fuel reduction projects that
provide for the protection of at-risk communities or watersheds or that
implement community wildfire protection plans.
(b) Collaboration.--
(1) In general.--The Secretary shall consider recommendations
under subsection (a) that are made by at-risk communities that have
developed community wildfire protection plans.
(2) Exemption.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the planning process and recommendations
concerning community wildfire protection plans.
(c) Administration.--
(1) In general.--Federal agency involvement in developing a
community wildfire protection plan, or a recommendation made in a
community wildfire protection plan, shall not be considered a
Federal agency action under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Compliance.--In implementing authorized hazardous fuel
reduction projects on Federal land, the Secretary shall, in
accordance with section 104, comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Funding Allocation.--
(1) Federal land.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall use not less than 50 percent of the funds allocated for
authorized hazardous fuel reduction projects in the wildland-
urban interface.
(B) Applicability and allocation.--The funding allocation
in subparagraph (A) shall apply at the national level. The
Secretary may allocate the proportion of funds differently than
is required under subparagraph (A) within individual management
units as appropriate, in particular to conduct authorized
hazardous fuel reduction projects on land described in section
102(a)(4).
(C) Wildland-urban interface.--In the case of an authorized
hazardous fuel reduction project for which a decision notice is
issued during the 1-year period beginning on the date of
enactment of this Act, the Secretary shall use existing
definitions of the term ``wildland-urban interface'' rather
than the definition of that term provided under section 101.
(2) Non-federal land.--
(A) In general.--In providing financial assistance under
any provision of law for hazardous fuel reduction projects on
non-Federal land, the Secretary shall consider recommendations
made by at-risk communities that have developed community
wildfire protection plans.
(B) Priority.--In allocating funding under this paragraph,
the Secretary should, to the maximum extent practicable, give
priority to communities that have adopted a community wildfire
protection plan or have taken proactive measures to encourage
willing property owners to reduce fire risk on private
property.

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(a) Authorized Hazardous Fuel Reduction Projects.--Except as
otherwise provided in this title, the Secretary shall conduct
authorized hazardous fuel reduction projects in accordance with--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.); and
(2) other applicable laws.
(b) Environmental Assessment or Environmental Impact Statement.--
The Secretary shall prepare an environmental assessment or an
environmental impact statement pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each
authorized hazardous fuel reduction project.
(c) Consideration of Alternatives.--
(1) In general.--Except as provided in subsection (d), in the
environmental assessment or environmental impact statement prepared
under subsection (b), the Secretary shall study, develop, and
describe--
(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if the additional
alternative--
(i) is proposed during scoping or the collaborative
process under subsection (f); and
(ii) meets the purpose and need of the project, in
accordance with regulations promulgated by the Council on
Environmental Quality.
(2) Multiple additional alternatives.--If more than 1
additional alternative is proposed under paragraph (1)(C), the
Secretary shall--
(A) select which additional alternative to consider, which
is a choice that is in the sole discretion of the Secretary;
and
(B) provide a written record describing the reasons for the
selection.
(d) Alternative Analysis Process for Projects in Wildland-Urban
Interface.--
(1) Proposed agency action and 1 action alternative.--For an
authorized hazardous fuel reduction project that is proposed to be
conducted in the wildland-urban interface, the Secretary is not
required to study, develop, or describe more than the proposed
agency action and 1 action alternative in the environmental
assessment or environmental impact statement prepared pursuant to
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
(2) Proposed agency action.--Notwithstanding paragraph (1), but
subject to paragraph (3), if an authorized hazardous fuel reduction
project proposed to be conducted in the wildland-urban interface is
located no further than 1\1/2\ miles from the boundary of an at-
risk community, the Secretary is not required to study, develop, or
describe any alternative to the proposed agency action in the
environmental assessment or environmental impact statement prepared
pursuant to section 102(2) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)).
(3) Proposed agency action and community wildfire protection
plan alternative.--In the case of an authorized hazardous fuel
reduction project described in paragraph (2), if the at-risk
community has adopted a community wildfire protection plan and the
proposed agency action does not implement the recommendations in
the plan regarding the general location and basic method of
treatments, the Secretary shall evaluate the recommendations in the
plan as an alternative to the proposed agency action in the
environmental assessment or environmental impact statement prepared
pursuant to section 102(2) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)).
(e) Public Notice and Meeting.--
(1) Public notice.--The Secretary shall provide notice of each
authorized hazardous fuel reduction project in accordance with
applicable regulations and administrative guidelines.
(2) Public meeting.--During the preparation stage of each
authorized hazardous fuel reduction project, the Secretary shall--
(A) conduct a public meeting at an appropriate location
proximate to the administrative unit of the Federal land on
which the authorized hazardous fuel reduction project will be
conducted; and
(B) provide advance notice of the location, date, and time
of the meeting.
(f) Public Collaboration.--In order to encourage meaningful public
participation during preparation of authorized hazardous fuel reduction
projects, the Secretary shall facilitate collaboration among State and
local governments and Indian tribes, and participation of interested
persons, during the preparation of each authorized fuel reduction
project in a manner consistent with the Implementation Plan.
(g) Environmental Analysis and Public Comment.--In accordance with
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)) and the applicable regulations and administrative
guidelines, the Secretary shall provide an opportunity for public
comment during the preparation of any environmental assessment or
environmental impact statement for an authorized hazardous fuel
reduction project.
(h) Decision Document.--The Secretary shall sign a decision
document for authorized hazardous fuel reduction projects and provide
notice of the final agency actions.

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(a) Interim Final Regulations.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Agriculture shall
promulgate interim final regulations to establish a predecisional
administrative review process for the period described in paragraph
(2) that will serve as the sole means by which a person can seek
administrative review regarding an authorized hazardous fuel
reduction project on Forest Service land.
(2) Period.--The predecisional administrative review process
required under paragraph (1) shall occur during the period--
(A) beginning after the completion of the environmental
assessment or environmental impact statement; and
(B) ending not later than the date of the issuance of the
final decision approving the project.
(3) Eligibility.--To be eligible to participate in the
administrative review process for an authorized hazardous fuel
reduction project under paragraph (1), a person shall submit to the
Secretary, during scoping or the public comment period for the
draft environmental analysis for the project, specific written
comments that relate to the proposed action.
(4) Effective date.--The interim final regulations promulgated
under paragraph (1) shall take effect on the date of promulgation
of the regulations.
(b) Final Regulations.--The Secretary shall promulgate final
regulations to establish the process described in subsection (a)(1)
after the interim final regulations have been published and reasonable
time has been provided for public comment.
(c) Administrative Review.--
(1) In general.--A person may bring a civil action challenging
an authorized hazardous fuel reduction project in a Federal
district court only if the person has challenged the authorized
hazardous fuel reduction project by exhausting--
(A) the administrative review process established by the
Secretary of Agriculture under this section; or
(B) the administrative hearings and appeals procedures
established by the Department of the Interior.
(2) Issues.--An issue may be considered in the judicial review
of an action under section 106 only if the issue was raised in an
administrative review process described in paragraph (1).
(3) Exception.--
(A) In general.--An exception to the requirement of
exhausting the administrative review process before seeking
judicial review shall be available if a Federal court finds
that the futility or inadequacy exception applies to a specific
plaintiff or claim.
(B) Information.--If an agency fails or is unable to make
information timely available during the administrative review
process, a court should evaluate whether the administrative
review process was inadequate for claims or issues to which the
information is material.

4aff313627db726f2127bef159c22fcb6dd2150735daa7a55941d27b74940d77

(a) Venue.--Notwithstanding section 1391 of title 28, United States
Code, or other applicable law, an authorized hazardous fuels reduction
project conducted under this title shall be subject to judicial review
only in the United States district court for a district in which the
Federal land to be treated under the authorized hazardous fuels
reduction project is located.
(b) Expeditious Completion of Judicial Review.--In the judicial
review of an action challenging an authorized hazardous fuel reduction
project under subsection (a), Congress encourages a court of competent
jurisdiction to expedite, to the maximum extent practicable, the
proceedings in the action with the goal of rendering a final
determination on jurisdiction, and (if jurisdiction exists) a final
determination on the merits, as soon as practicable after the date on
which a complaint or appeal is filed to initiate the action.
(c) Injunctions.--
(1) In general.--Subject to paragraph (2), the length of any
preliminary injunctive relief and stays pending appeal covering an
authorized hazardous fuel reduction project carried out under this
title shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction may
issue 1 or more renewals of any preliminary injunction, or stay
pending appeal, granted under paragraph (1).
(B) Updates.--In each renewal of an injunction in an
action, the parties to the action shall present the court with
updated information on the status of the authorized hazardous
fuel reduction project.
(3) Balancing of short- and long-term effects.--As part of its
weighing the equities while considering any request for an
injunction that applies to an agency action under an authorized
hazardous fuel reduction project, the court reviewing the project
shall balance the impact to the ecosystem likely affected by the
project of--
(A) the short- and long-term effects of undertaking the
agency action; against
(B) the short- and long-term effects of not undertaking the
agency action.

1d2cd2ecc280b3141d66325ae649ef795d442dfe7930df61b5faf8d43f1987e3

(a) Other Authority.--Nothing in this title affects, or otherwise
biases, the use by the Secretary of other statutory or administrative
authority (including categorical exclusions adopted to implement the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to
conduct a hazardous fuel reduction project on Federal land (including
Federal land identified in section 102(d)) that is not conducted using
the process authorized by section 104.
(b) National Forest System.--For projects and activities of the
National Forest System other than authorized hazardous fuel reduction
projects, nothing in this title affects, or otherwise biases, the
notice, comment, and appeal procedures for projects and activities of
the National Forest System contained in part 215 of title 36, Code of
Federal Regulations, or the consideration or disposition of any legal
action brought with respect to the procedures.

b7a46e20275c29e46a970deab07a2db417597c4bb1b6b7638fc854a5ce2373f3

There is authorized to be appropriated $760,000,000 for each fiscal
year to carry out--
(1) activities authorized by this title; and
(2) other hazardous fuel reduction activities of the Secretary,
including making grants to States, local governments, Indian
tribes, and other eligible recipients for activities authorized by
law.

f9e9a0538e5f9c665abe7f402217743cfa0594423f1678c41f1ec4bbf340f8df

(a) Uses of Grants, Contracts, and Assistance.--Section 307(d) of
the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note;
Public Law 106-224) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) research to integrate silviculture, harvesting, product
development, processing information, and economic evaluation to
provide the science, technology, and tools to forest managers and
community developers for use in evaluating forest treatment and
production alternatives, including--
``(A) to develop tools that would enable land managers,
locally or in a several-State region, to estimate--
``(i) the cost to deliver varying quantities of wood to
a particular location; and
``(ii) the amount that could be paid for stumpage if
delivered wood was used for a specific mix of products;
``(B) to conduct research focused on developing appropriate
thinning systems and equipment designs that are--
``(i) capable of being used on land without significant
adverse effects on the land;
``(ii) capable of handling large and varied landscapes;
``(iii) adaptable to handling a wide variety of tree
sizes;
``(iv) inexpensive; and
``(v) adaptable to various terrains; and
``(C) to develop, test, and employ in the training of
forestry managers and community developers curricula materials
and training programs on matters described in subparagraphs (A)
and (B).''.
(b) Funding.--Section 310(b) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is
amended by striking ``$49,000,000'' and inserting ``$54,000,000''.

e54eddf047e4d1ebfadc5e4d4935492ee4849f2ed11cd124c23b6be343ce1529

TITLE II

-BIOMASS

Section 2371 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 6601) is amended by adding at the end the following:
``(d) Rural Revitalization Technologies.--
``(1) In general.--The Secretary of Agriculture, acting through
the Chief of the Forest Service, in consultation with the State and
Private Forestry Technology Marketing Unit at the Forest Products
Laboratory, and in collaboration with eligible institutions, may
carry out a program--
``(A) to accelerate adoption of technologies using biomass
and small-diameter materials;
``(B) to create community-based enterprises through
marketing activities and demonstration projects; and
``(C) to establish small-scale business enterprises to make
use of biomass and small-diameter materials.
``(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2004 through 2008.''.

b5955edbdd9c016cf40bf440b8118699bc77d8207072f6af84d46d2f6ab9995c

(a) In General.--In addition to any other authority of the
Secretary of Agriculture to make grants to a person that owns or
operates a facility that uses biomass as a raw material to produce
electric energy, sensible heat, transportation fuel, or substitutes for
petroleum-based products, the Secretary may make grants to a person
that owns or operates a facility that uses biomass for wood-based
products or other commercial purposes to offset the costs incurred to
purchase biomass.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2004 through 2008.

50309146f6593247d4af0cffe46377c6273620ec8f5d7461fc321b4a645f3fa4

(a) Findings.--Congress finds that--
(1) there has been a dramatic shift in public attitudes and
perceptions about forest management, particularly in the
understanding and practice of sustainable forest management;
(2) it is commonly recognized that the proper stewardship of
forest land is essential to sustaining and restoring the health of
watersheds;
(3) forests can provide essential ecological services in
filtering pollutants, buffering important rivers and estuaries, and
minimizing flooding, which makes forest restoration worthy of
special focus; and
(4) strengthened education, technical assistance, and financial
assistance for nonindustrial private forest landowners and
communities, relating to the protection of watershed health, is
needed to realize the expectations of the general public.
(b) Purposes.--The purposes of this title are--
(1) to improve landowner and public understanding of the
connection between forest management and watershed health;
(2) to encourage landowners to maintain tree cover on property
and to use tree plantings and vegetative treatments as creative
solutions to watershed problems associated with varying land uses;
(3) to enhance and complement forest management and buffer use
for watersheds, with an emphasis on community watersheds;
(4) to establish new partnerships and collaborative watershed
approaches to forest management, stewardship, and conservation;
(5) to provide technical and financial assistance to States to
deliver a coordinated program that enhances State forestry best-
management practices programs, and conserves and improves forested
land and potentially forested land, through technical, financial,
and educational assistance to qualifying individuals and entities;
and
(6) to maximize the proper management and conservation of
wetland forests and to assist in the restoration of those forests.

304939e606c575da1d7b92158ab9c665bdc32195afe69054ac19b65abba27110

TITLE III

-WATERSHED FORESTRY ASSISTANCE

The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 5 (16 U.S.C. 2103a) the following:
``SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM.
``(a) Definition of Nonindustrial Private Forest Land.--In this
section, the term `nonindustrial private forest land' means rural land,
as determined by the Secretary, that--
``(1) has existing tree cover or that is suitable for growing
trees; and
``(2) is owned by any nonindustrial private individual, group,
association, corporation, or other private legal entity, that has
definitive decisionmaking authority over the land.
``(b) General Authority and Purpose.--The Secretary, acting through
the Chief of the Forest Service and (where appropriate) through the
Cooperative State Research, Education, and Extension Service, may
provide technical, financial, and related assistance to State
foresters, equivalent State officials, or Cooperative Extension
officials at land grant colleges and universities and 1890 institutions
for the purpose of expanding State forest stewardship capacities and
activities through State forestry best-management practices and other
means at the State level to address watershed issues on non-Federal
forested land and potentially forested land.
``(c) Technical Assistance To Protect Water Quality.--
``(1) In general.--The Secretary, in cooperation with State
foresters or equivalent State officials, shall engage interested
members of the public, including nonprofit organizations and local
watershed councils, to develop a program of technical assistance to
protect water quality described in paragraph (2).
``(2) Purpose of program.--The program under this subsection
shall be designed--
``(A) to build and strengthen watershed partnerships that
focus on forested landscapes at the State, regional, and local
levels;
``(B) to provide State forestry best-management practices
and water quality technical assistance directly to owners of
nonindustrial private forest land;
``(C) to provide technical guidance to land managers and
policymakers for water quality protection through forest
management;
``(D) to complement State and local efforts to protect
water quality and provide enhanced opportunities for
consultation and cooperation among Federal and State agencies
charged with responsibility for water and watershed management;
and
``(E) to provide enhanced forest resource data and support
for improved implementation and monitoring of State forestry
best-management practices.
``(3) Implementation.--In the case of a participating State,
the program of technical assistance shall be implemented by State
foresters or equivalent State officials.
``(d) Watershed Forestry Cost-Share Program.--
``(1) In general.--The Secretary shall establish a watershed
forestry cost-share program--
``(A) which shall be--
``(i) administered by the Forest Service; and
``(ii) implemented by State foresters or equivalent
State officials in participating States; and
``(B) under which funds or other support provided to
participating States shall be made available for State forestry
best-management practices programs and watershed forestry
projects.
``(2) Watershed forestry projects.--The State forester, an
equivalent State official of a participating State, or a
Cooperative Extension official at a land grant college or
university or 1890 institution, in coordination with the State
Forest Stewardship Coordinating Committee established under section
19(b) (or an equivalent committee) for that State, shall make
awards to communities, nonprofit groups, and owners of
nonindustrial private forest land under the program for watershed
forestry projects described in paragraph (3).
``(3) Project elements and objectives.--A watershed forestry
project shall accomplish critical forest stewardship, watershed
protection, and restoration needs within a State by demonstrating
the value of trees and forests to watershed health and condition
through--
``(A) the use of trees as solutions to water quality
problems in urban and rural areas;
``(B) community-based planning, involvement, and action
through State, local, and nonprofit partnerships;
``(C) application of and dissemination of monitoring
information on forestry best-management practices relating to
watershed forestry;
``(D) watershed-scale forest management activities and
conservation planning; and
``(E)(i) the restoration of wetland (as defined by the
States) and stream-side forests; and
``(ii) the establishment of riparian vegetative buffers.
``(4) Cost-sharing.--
``(A) Federal share.--
``(i) Funds under this subsection.--Funds provided
under this subsection for a watershed forestry project may
not exceed 75 percent of the cost of the project.
``(ii) Other federal funds.--The percentage of the cost
of a project described in clause (i) that is not covered by
funds made available under this subsection may be paid
using other Federal funding sources, except that the total
Federal share of the costs of the project may not exceed 90
percent.
``(B) Form.--The non-Federal share of the costs of a
project may be provided in the form of cash, services, or other
in-kind contributions.
``(5) Prioritization.--The State Forest Stewardship
Coordinating Committee for a State, or equivalent State committee,
shall prioritize watersheds in that State to target watershed
forestry projects funded under this subsection.
``(6) Watershed forester.--Financial and technical assistance
shall be made available to the State Forester or equivalent State
official to create a State watershed or best-management practice
forester position to--
``(A) lead statewide programs; and
``(B) coordinate watershed-level projects.
``(e) Distribution.--
``(1) In general.--Of the funds made available for a fiscal
year under subsection (g), the Secretary shall use--
``(A) at least 75 percent of the funds to carry out the
cost-share program under subsection (d); and
``(B) the remainder of the funds to deliver technical
assistance, education, and planning, at the local level,
through the State Forester or equivalent State official.
``(2) Special considerations.--Distribution of funds by the
Secretary among States under paragraph (1) shall be made only after
giving appropriate consideration to--
``(A) the acres of agricultural land, nonindustrial private
forest land, and highly erodible land in each State;
``(B) the miles of riparian buffer needed;
``(C) the miles of impaired stream segments and other
impaired water bodies where forestry practices can be used to
restore or protect water resources;
``(D) the number of owners of nonindustrial private forest
land in each State; and
``(E) water quality cost savings that can be achieved
through forest watershed management.
``(f) Willing Owners.--
``(1) In general.--Participation of an owner of nonindustrial
private forest land in the watershed forestry assistance program
under this section is voluntary.
``(2) Written consent.--The watershed forestry assistance
program shall not be carried out on nonindustrial private forest
land without the written consent of the owner of, or entity having
definitive decisionmaking over, the nonindustrial private forest
land.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2004 through 2008.''.

2a8f1eb8bbdec158756a7c648882916cbbb0628af1975f29c7f62a1aa73ccfca

(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary''), acting through the Chief of the Forest
Service, shall provide technical, financial, and related assistance to
Indian tribes for the purpose of expanding tribal stewardship
capacities and activities through tribal forestry best-management
practices and other means at the tribal level to address watershed
issues on land under the jurisdiction of or administered by the Indian
tribes.
(b) Technical Assistance To Protect Water Quality.--
(1) In general.--The Secretary, in cooperation with Indian
tribes, shall develop a program to provide technical assistance to
protect water quality, as described in paragraph (2).
(2) Purpose of program.--The program under this subsection
shall be designed--
(A) to build and strengthen watershed partnerships that
focus on forested landscapes at the State, regional, tribal,
and local levels;
(B) to provide tribal forestry best-management practices
and water quality technical assistance directly to Indian
tribes;
(C) to provide technical guidance to tribal land managers
and policy makers for water quality protection through forest
management;
(D) to complement tribal efforts to protect water quality
and provide enhanced opportunities for consultation and
cooperation among Federal agencies and tribal entities charged
with responsibility for water and watershed management; and
(E) to provide enhanced forest resource data and support
for improved implementation and monitoring of tribal forestry
best-management practices.
(c) Watershed Forestry Program.--
(1) In general.--The Secretary shall establish a watershed
forestry program in cooperation with Indian tribes.
(2) Programs and projects.--Funds or other support provided
under the program shall be made available for tribal forestry best-
management practices programs and watershed forestry projects.
(3) Annual awards.--The Secretary shall annually make awards to
Indian tribes to carry out this subsection.
(4) Project elements and objectives.--A watershed forestry
project shall accomplish critical forest stewardship, watershed
protection, and restoration needs within land under the
jurisdiction of or administered by an Indian tribe by demonstrating
the value of trees and forests to watershed health and condition
through--
(A) the use of trees as solutions to water quality
problems;
(B) application of and dissemination of monitoring
information on forestry best-management practices relating to
watershed forestry;
(C) watershed-scale forest management activities and
conservation planning;
(D) the restoration of wetland and stream-side forests and
the establishment of riparian vegetative buffers; and
(E) tribal-based planning, involvement, and action through
State, tribal, local, and nonprofit partnerships.
(5) Prioritization.--An Indian tribe that participates in the
program under this subsection shall prioritize watersheds in land
under the jurisdiction of or administered by the Indian tribe to
target watershed forestry projects funded under this subsection.
(6) Watershed forester.--The Secretary may provide to Indian
tribes under this section financial and technical assistance to
establish a position of tribal forester to lead tribal programs and
coordinate small watershed-level projects.
(d) Distribution.--The Secretary shall devote--
(1) at least 75 percent of the funds made available for a
fiscal year under subsection (e) to the program under subsection
(c); and
(2) the remainder of the funds to deliver technical assistance,
education, and planning in the field to Indian tribes.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2004 through 2008.

baec470b296e1c32d12607df99c388a1bac713c1da7a10b9e3f8a064546a8aea

(a) Findings.--Congress finds that--
(1) high levels of tree mortality resulting from insect
infestation (including the interaction between insects and
diseases) may result in--
(A) increased fire risk;
(B) loss of old trees and old growth;
(C) loss of threatened and endangered species;
(D) loss of species diversity;
(E) degraded watershed conditions;
(F) increased potential for damage from other agents of
disturbance, including exotic, invasive species; and
(G) decreased timber values;
(2)(A) forest-damaging insects destroy hundreds of thousands of
acres of trees each year;
(B) in the West, more than 21,000,000 acres are at high risk of
forest-damaging insect infestation, and in the South, more than
57,000,000 acres are at risk across all land ownerships; and
(C) severe drought conditions in many areas of the South and
West will increase the risk of forest-damaging insect infestations;
(3) the hemlock woolly adelgid is--
(A) destroying streamside forests throughout the mid-
Atlantic and Appalachian regions;
(B) threatening water quality and sensitive aquatic
species; and
(C) posing a potential threat to valuable commercial timber
land in northern New England;
(4)(A) the emerald ash borer is a nonnative, invasive pest that
has quickly become a major threat to hardwood forests because an
emerald ash borer infestation is almost always fatal to affected
trees; and
(B) the emerald ash borer pest threatens to destroy more than
692,000,000 ash trees in forests in Michigan and Ohio alone, and
between 5 and 10 percent of urban street trees in the Upper
Midwest;
(5)(A) epidemic populations of Southern pine beetles are
ravaging forests in Alabama, Arkansas, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee, and
Virginia; and
(B) in 2001, Florida and Kentucky experienced 146 percent and
111 percent increases, respectively, in Southern pine beetle
populations;
(6) those epidemic outbreaks of Southern pine beetles have
forced private landowners to harvest dead and dying trees, in rural
areas and increasingly urbanized settings;
(7) according to the Forest Service, recent outbreaks of the
red oak borer in Arkansas and Missouri have been unprecedented,
with more than 1,000,000 acres infested at population levels never
seen before;
(8) much of the damage from the red oak borer has taken place
in national forests, and the Federal response has been inadequate
to protect forest ecosystems and other ecological and economic
resources;
(9)(A) previous silvicultural assessments, while useful and
informative, have been limited in scale and scope of application;
and
(B) there have not been sufficient resources available to
adequately test a full array of individual and combined applied
silvicultural assessments;
(10) only through the full funding, development, and assessment
of potential applied silvicultural assessments over specific time
frames across an array of environmental and climatic conditions can
the most innovative and cost effective management applications be
determined that will help reduce the susceptibility of forest
ecosystems to attack by forest pests;
(11)(A) often, there are significant interactions between
insects and diseases;
(B) many diseases (such as white pine blister rust, beech bark
disease, and many other diseases) can weaken trees and forest
stands and predispose trees and forest stands to insect attack; and
(C) certain diseases are spread using insects as vectors
(including Dutch elm disease and pine pitch canker); and
(12) funding and implementation of an initiative to combat
forest pest infestations and associated diseases should not come at
the expense of supporting other programs and initiatives of the
Secretary.
(b) Purposes.--The purposes of this title are--
(1) to require the Secretary to develop an accelerated basic
and applied assessment program to combat infestations by forest-
damaging insects and associated diseases;
(2) to enlist the assistance of colleges and universities
(including forestry schools, land grant colleges and universities,
and 1890 Institutions), State agencies, and private landowners to
carry out the program; and
(3) to carry out applied silvicultural assessments.

ad814e8920772e9aabc5237945d53ed00c8f20598704921229b7ed07a514c6d1

In this title:
(1) Applied silvicultural assessment.--
(A) In general.--The term ``applied silvicultural
assessment'' means any vegetative or other treatment carried
out for information gathering and research purposes.
(B) Inclusions.--The term ``applied silvicultural
assessment'' includes timber harvesting, thinning, prescribed
burning, pruning, and any combination of those activities.
(2) 1890 institution.--
(A) In general.--The term ``1890 Institution'' means a
college or university that is eligible to receive funds under
the Act of August 30, 1890 (7 U.S.C. 321 et seq.).
(B) Inclusion.--The term ``1890 Institution'' includes
Tuskegee University.
(3) Forest-damaging insect.--The term ``forest-damaging
insect'' means--
(A) a Southern pine beetle;
(B) a mountain pine beetle;
(C) a spruce bark beetle;
(D) a gypsy moth;
(E) a hemlock woolly adelgid;
(F) an emerald ash borer;
(G) a red oak borer;
(H) a white oak borer; and
(I) such other insects as may be identified by the
Secretary.
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, acting through the Forest
Service, with respect to National Forest System land; and
(B) the Secretary of the Interior, acting through
appropriate offices of the United States Geological Survey,
with respect to federally owned land administered by the
Secretary of the Interior.

908b914814d1ad4d7a4e66f33e8791ecda8ba264519fcdadcadfa6ee4f10a768

INSECTS.
(a) Information Gathering.--The Secretary, acting through the
Forest Service and United States Geological Survey, as appropriate,
shall establish an accelerated program--
(1) to plan, conduct, and promote comprehensive and systematic
information gathering on forest-damaging insects and associated
diseases, including an evaluation of--
(A) infestation prevention and suppression methods;
(B) effects of infestations and associated disease
interactions on forest ecosystems;
(C) restoration of forest ecosystem efforts;
(D) utilization options regarding infested trees; and
(E) models to predict the occurrence, distribution, and
impact of outbreaks of forest-damaging insects and associated
diseases;
(2) to assist land managers in the development of treatments
and strategies to improve forest health and reduce the
susceptibility of forest ecosystems to severe infestations of
forest-damaging insects and associated diseases on Federal land and
State and private land; and
(3) to disseminate the results of the information gathering,
treatments, and strategies.
(b) Cooperation and Assistance.--The Secretary shall--
(1) establish and carry out the program in cooperation with--
(A) scientists from colleges and universities (including
forestry schools, land grant colleges and universities, and
1890 Institutions);
(B) Federal, State, and local agencies; and
(C) private and industrial landowners; and
(2) designate such colleges and universities to assist in
carrying out the program.

22035dc12930659872b78af89de234fa9c4967fbeeb1294be85718c477cd859a

(a) Assessment Efforts.--For information gathering and research
purposes, the Secretary may conduct applied silvicultural assessments
on Federal land that the Secretary determines is at risk of infestation
by, or is infested with, forest-damaging insects.
(b) Limitations.--
(1) Exclusion of certain areas.--Subsection (a) does not apply
to--
(A) a component of the National Wilderness Preservation
System;
(B) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
(C) a congressionally-designated wilderness study area; or
(D) an area in which activities under subsection (a) would
be inconsistent with the applicable land and resource
management plan.
(2) Certain treatment prohibited.--Nothing in subsection (a)
authorizes the application of insecticides in municipal watersheds
or associated riparian areas.
(3) Peer review.--
(A) In general.--Before being carried out, each applied
silvicultural assessment under this title shall be peer
reviewed by scientific experts selected by the Secretary, which
shall include non-Federal experts.
(B) Existing peer review processes.--The Secretary may use
existing peer review processes to the extent the processes
comply with subparagraph (A).
(c) Public Notice and Comment.--
(1) Public notice.--The Secretary shall provide notice of each
applied silvicultural assessment proposed to be carried out under
this section.
(2) Public comment.--The Secretary shall provide an opportunity
for public comment before carrying out an applied silviculture
assessment under this section.
(d) Categorical Exclusion.--
(1) In general.--Applied silvicultural assessment and research
treatments carried out under this section on not more than 1,000
acres for an assessment or treatment may be categorically excluded
from documentation in an environmental impact statement and
environmental assessment under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Administration.--Applied silvicultural assessments and
research treatments categorically excluded under paragraph (1)--
(A) shall not be carried out in an area that is adjacent to
another area that is categorically excluded under paragraph (1)
that is being treated with similar methods; and
(B) shall be subject to the extraordinary circumstances
procedures established by the Secretary pursuant to section
1508.4 of title 40, Code of Federal Regulations.
(3) Maximum categorical exclusion.--The total number of acres
categorically excluded under paragraph (1) shall not exceed 250,000
acres.
(4) No additional findings required.--In accordance with
paragraph (1), the Secretary shall not be required to make any
findings as to whether an applied silvicultural assessment project,
either individually or cumulatively, has a significant effect on
the environment.

ab826952e43519141e47b697282c1972d90a82181292e9f3c708051d1e3b2082

The authority provided to each Secretary under this title is
supplemental to, and not in lieu of, any authority provided to the
Secretaries under any other law.

e8206f6bc0977e3347e6bdd67f6804c55abf3a5bcc4e5b0fe03b50df70cb7c69

There are authorized to be appropriated such sums as are necessary
to carry out this title for each of fiscal years 2004 through 2008.

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(a) Establishment.--The Secretary of Agriculture shall establish
the healthy forests reserve program for the purpose of restoring and
enhancing forest ecosystems--
(1) to promote the recovery of threatened and endangered
species;
(2) to improve biodiversity; and
(3) to enhance carbon sequestration.
(b) Coordination.--The Secretary of Agriculture shall carry out the
healthy forests reserve program in coordination with the Secretary of
the Interior and the Secretary of Commerce.

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TITLE V

-HEALTHY FORESTS RESERVE PROGRAM

(a) In General.--The Secretary of Agriculture, in coordination with
the Secretary of the Interior and the Secretary of Commerce, shall
describe and define forest ecosystems that are eligible for enrollment
in the healthy forests reserve program.
(b) Eligibility.--To be eligible for enrollment in the healthy
forests reserve program, land shall be--
(1) private land the enrollment of which will restore, enhance,
or otherwise measurably increase the likelihood of recovery of a
species listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); and
(2) private land the enrollment of which will restore, enhance,
or otherwise measurably improve the well-being of species that--
(A) are not listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); but
(B) are candidates for such listing, State-listed species,
or special concern species.
(c) Other Considerations.--In enrolling land that satisfies the
criteria under subsection (b), the Secretary of Agriculture shall give
additional consideration to land the enrollment of which will--
(1) improve biological diversity; and
(2) increase carbon sequestration.
(d) Enrollment by Willing Owners.--The Secretary of Agriculture
shall enroll land in the healthy forests reserve program only with the
consent of the owner of the land.
(e) Maximum Enrollment.--The total number of acres enrolled in the
healthy forests reserve program shall not exceed 2,000,000 acres.
(f) Methods of Enrollment.--
(1) In general.--Land may be enrolled in the healthy forests
reserve program in accordance with--
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C) an easement of not more than 99 years.
(2) Proportion.--The extent to which each enrollment method is
used shall be based on the approximate proportion of owner interest
expressed in that method in comparison to the other methods.
(g) Enrollment Priority.--
(1) Species.--The Secretary of Agriculture shall give priority
to the enrollment of land that provides the greatest conservation
benefit to--
(A) primarily, species listed as endangered or threatened
under section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533); and
(B) secondarily, species that--
(i) are not listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); but
(ii) are candidates for such listing, State-listed
species, or special concern species.
(2) Cost-effectiveness.--The Secretary of Agriculture shall
also consider the cost-effectiveness of each agreement or easement,
and associated restoration plans, so as to maximize the
environmental benefits per dollar expended.

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(a) In General.--Land enrolled in the healthy forests reserve
program shall be subject to a restoration plan, to be developed jointly
by the landowner and the Secretary of Agriculture, in coordination with
the Secretary of Interior.
(b) Practices.--The restoration plan shall require such restoration
practices as are necessary to restore and enhance habitat for--
(1) species listed as endangered or threatened under section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533); and
(2) animal or plant species before the species reach threatened
or endangered status, such as candidate, State-listed species, and
special concern species.

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(a) Easements of Not More Than 99 Years.--In the case of land
enrolled in the healthy forests reserve program using an easement of
not more than 99 years described in section 502(f)(1)(C), the Secretary
of Agriculture shall pay the owner of the land an amount equal to not
less than 75 percent, nor more than 100 percent, of (as determined by
the Secretary)--
(1) the fair market value of the enrolled land during the
period the land is subject to the easement, less the fair market
value of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices or
the average cost of approved practices carried out on the land
during the period in which the land is subject to the easement.
(b) Thirty-Year Easement.--In the case of land enrolled in the
healthy forests reserve program using a 30-year easement, the Secretary
of Agriculture shall pay the owner of the land an amount equal to not
more than (as determined by the Secretary)--
(1) 75 percent of the fair market value of the land, less the
fair market value of the land encumbered by the easement; and
(2) 75 percent of the actual costs of the approved conservation
practices or 75 percent of the average cost of approved practices.
(c) Ten-Year Agreement.--In the case of land enrolled in the
healthy forests reserve program using a 10-year cost-share agreement,
the Secretary of Agriculture shall pay the owner of the land an amount
equal to not more than (as determined by the Secretary)--
(1) fifty percent of the actual costs of the approved
conservation practices; or
(2) fifty percent of the average cost of approved practices.
(d) Acceptance of Contributions.--The Secretary of Agriculture may
accept and use contributions of non-Federal funds to make payments
under this section.

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(a) In General.--The Secretary of Agriculture shall provide
landowners with technical assistance to assist the owners in complying
with the terms of plans (as included in agreements or easements) under
the healthy forests reserve program.
(b) Technical Service Providers.--The Secretary of Agriculture may
request the services of, and enter into cooperative agreements with,
individuals or entities certified as technical service providers under
section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842), to
assist the Secretary in providing technical assistance necessary to
develop and implement the healthy forests reserve program.

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(a) Protections.--In the case of a landowner that enrolls land in
the program and whose conservation activities result in a net
conservation benefit for listed, candidate, or other species, the
Secretary of Agriculture shall make available to the landowner safe
harbor or similar assurances and protection under--
(1) section 7(b)(4) of the Endangered Species Act of 1973 (16
U.S.C. 1536(b)(4)); or
(2) section 10(a)(1) of that Act (16 U.S.C. 1539(a)(1)).
(b) Measures.--If protection under subsection (a) requires the
taking of measures that are in addition to the measures covered by the
applicable restoration plan agreed to under section 503, the cost of
the additional measures, as well as the cost of any permit, shall be
considered part of the restoration plan for purposes of financial
assistance under section 504.

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In carrying out this title, the Secretary of Agriculture may
consult with--
(1) nonindustrial private forest landowners;
(2) other Federal agencies;
(3) State fish and wildlife agencies;
(4) State forestry agencies;
(5) State environmental quality agencies;
(6) other State conservation agencies; and
(7) nonprofit conservation organizations.

ee0b61339630966c14885cd04749745d74d15d6b7bd89ed13a70632e00ae82f0

There are authorized to be appropriated to carry out this title--
(1) $25,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each of fiscal years 2005
through 2008.

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DETECTION OF AND RESPONSE TO ENVIRONMENTAL THREATS.
(a) In General.--The Secretary of Agriculture shall carry out a
comprehensive program to inventory, monitor, characterize, assess, and
identify forest stands (with emphasis on hardwood forest stands) and
potential forest stands--
(1) in units of the National Forest System (other than those
units created from the public domain); and
(2) on private forest land, with the consent of the owner of
the land.
(b) Issues To Be Addressed.--In carrying out the program, the
Secretary shall address issues including--
(1) early detection, identification, and assessment of
environmental threats (including insect, disease, invasive species,
fire, and weather-related risks and other episodic events);
(2) loss or degradation of forests;
(3) degradation of the quality forest stands caused by
inadequate forest regeneration practices;
(4) quantification of carbon uptake rates; and
(5) management practices that focus on preventing further
forest degradation.
(c) Early Warning System.--In carrying out the program, the
Secretary shall develop a comprehensive early warning system for
potential catastrophic environmental threats to forests to increase the
likelihood that forest managers will be able to--
(1) isolate and treat a threat before the threat gets out of
control; and
(2) prevent epidemics, such as the American chestnut blight in
the first half of the twentieth century, that could be
environmentally and economically devastating to forests.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2004 through 2008.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Healthy Forests Restoration Act of 2003 — HR. 1904

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