I 

108TH CONGRESS 

1ST SESSION H. R. 1621

To provide environmentally sound, expedited procedures for the planning 

and implementation of hazardous fuels reduction activities for wild-fire 

prone National Forest System lands and lands administered by the 

Bureau of Land Management, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mr. GEORGE MILLER of California (for himself and Mr. DEFAZIO) introduced 

the following bill; which was referred to the Committee on Agriculture, 

and in addition to the Committee on 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 

A BILL

To provide environmentally sound, expedited procedures for 

the planning and implementation of hazardous fuels reduction activities for wild-fire prone National Forest System lands and lands administered by the Bureau of 

Land Management, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Lands Hazardous Fuels Reduction Act of 

6 2003’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Definitions. 

Sec. 3. Hazardous fuels reduction projects authorized. 

Sec. 4. Collaboration and public input process. 

Sec. 5. Expedited planning and implementation process. 

Sec. 6. Development of definitions of old and large trees. 

Sec. 7. Ongoing projects and existing authorities. 

Sec. 8. Preference to communities with fire prevention ordinances. 

Sec. 9. Sunset. 

Sec. 10. Authorization of appropriations. 

Sec. 11. Availability and use of Reforestation Trust Fund.

3 SEC. 2. DEFINITIONS. 

4 (a) LAND TYPE AND FIRE REGIME DEFINITIONS

5 FROM FOREST SERVICE ROCKY MOUNTAIN RESEARCH

6 STATION.—In this Act: 

7 (1) CONDITION CLASS 2.—The term ‘‘condition 

8 class 2’’ refers to lands on which—

9 (A) fire regimes have been moderately al10 tered from their historical fire return intervals; 

11 (B) there exists a moderate risk of losing 

12 key ecosystem components; and 

13 (C) vegetation attributes have been mod14 erately altered from their historical range. 

15 (2) CONDITION CLASS 3.—The term ‘‘condition 

16 class 3’’ refers to lands on which—

17 (A) fire regimes have been significantly al18 tered from their historical fire return intervals; 

19 and 
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1 (B) there exists a high risk of losing key 

2 ecosystem components. 

3 (3) FIRE REGIME I.—The term ‘‘fire regime I’’ 

4 refers to lands—

5 (A) on which historically there are low se6 verity fires with a frequency of 0–35 years; and 

7 (B) are located primarily in low elevation 

8 forests of pine, oak, and pinyon-juniper. 

9 (4) FIRE REGIME II.—The term ‘‘fire regime 

10 II’’ refers to lands—

11 (A) on which historically there are stand 

12 replacement severity fires with a frequency of 

13 0–35 years; and 

14 (B) are located primarily in low- to mid15 elevation forests, rangelands, grasslands, or 

16 shrublands. 

17 (5) FIRE REGIME III.—The term ‘‘fire regime 

18 III’’ refers to lands—

19 (A) on which historically there are mixed 

20 severity fires with a frequency of 35–100 years; 

21 and 

22 (B) are located primarily in forests of 

23 mixed conifer, dry Douglas Fir, and wet Pon24 derosa pine. 

25 (b) OTHER DEFINITIONS.—In this Act: 
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1 (1) BEST VALUE CONTRACTING.—The term 

2 ‘‘best value contracting’’ means the contracting proc3 ess described in section 15.101 of title 48, Code of 

4 Federal Regulations, which allows the inclusion of 

5 non-cost factors in the contract process. 

6 (2) COMPREHENSIVE STRATEGY.—The term 

7 ‘‘Comprehensive Strategy’’ means the Comprehen8 sive Strategy for a Collaborative Approach for Re9 ducing Wildland Fire Risks to Communities and the 

10 Environment, dated May 2002, which was developed 

11 pursuant to the conference report to accompany the 

12 Department of the Interior and Related Agencies 

13 Appropriations Act, 2001 (House Report 106–646). 

14 (3) FEDERAL LANDS.—Except as provided in 

15 subsection (c), the term ‘‘Federal lands’’ means—

16 (A) National Forest System lands; and 

17 (B) public lands administered by the Sec18 retary of the Interior acting through the Bu19 reau of Land Management. 

20 (4) GOODS FOR SERVICE CONTRACTING.—The 

21 term ‘‘goods for service contracting’’ means the con22 tracting process described in section 347 of the De23 partment of the Interior and Related Agencies Ap24 propriations Act, 1999 (as contained in section 
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1 101(e) of division A of Public Law 105–277; 16 

2 U.S.C. 2104 note). 

3 (5) HAZARDOUS FUELS REDUCTION

4 PROJECT.—The term ‘‘hazardous fuels reduction 

5 project’’ means a project—

6 (A) undertaken for the purpose of reducing 

7 the amount of hazardous fuels resulting from 

8 alteration of a natural fire regime as a result 

9 of fire suppression or other activities; and 

10 (B) accomplished through the use of pre11 scribed burning or mechanical treatment, or 

12 combination thereof. 

13 (6) INVENTORIED ROADLESS AREA.—The term 

14 ‘‘inventoried roadless area’’ means one of the areas 

15 identified in the set of inventoried roadless areas 

16 maps contained in the Forest Service Roadless 

17 Areas Conservation, Final Environmental Impact 

18 Statement, Volume 2, dated November 2000. 

19 (7) LOCAL PREFERENCE CONTRACTING.—The 

20 term ‘‘local preference contracting’’ means the con21 tracting process described in section 333 of the De22 partment of the Interior and Related Agencies Ap23 propriations Act, 2003 (division F of Public Law 

24 108–7; 117 Stat. 277), that gives preference to local 

25 businesses. 
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1 (8) MANAGEMENT UNIT.—The term ‘‘manage2 ment unit’’, with respect to Federal lands, means a 

3 unit of the National Forest System or a land man4 agement district of the Bureau of Land Manage5 ment 

6 (9) MUNICIPAL WATER SUPPLY SYSTEM.—The 

7 term ‘‘municipal water supply’’ means reservoirs, ca8 nals, ditches, flumes, laterals, pipes, pipelines, or 

9 other surface facilities and systems constructed or 

10 installed for the impoundment, storage, transpor11 tation, or distribution of drinking water for a com12 munity. 

13 (10) SECRETARY CONCERNED.—The term 

14 ‘‘Secretary concerned’’ means—

15 (A) the Secretary of Agriculture (or the 

16 designee of the Secretary) with respect to Na17 tional Forest System lands; and 

18 (B) the Secretary of the Interior (or the 

19 designee of the Secretary) with respect to public 

20 lands administered by the Secretary through 

21 the Bureau of Land Management. 

22 (11) WILDLAND-URBAN INTERFACE.—The term 

23 ‘‘wildland-urban interface’’ means a geographic area 

24 designated by the Secretary concerned as any area—
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1 (A) defined on page 753 of volume 66 of 

2 the Federal Register, as published on January 

3 4, 2001; 

4 (B) on which conditions are conducive to 

5 large-scale fire disturbance events; and 

6 (C) for which a significant risk exists of a 

7 resulting spread of the fire disturbance event, 

8 after ignition, which would threaten human life 

9 and property. 

10 (c) EXCLUDED FEDERAL LANDS.—This Act, includ11 ing the expedited process described in section 5, does not 

12 apply to any Federal lands—

13 (1) included as a component of the National 

14 Wilderness Preservation System; 

15 (2) where commercial logging is prohibited or 

16 restricted by Act of Congress, presidential proclama17 tion, or agency determination; 

18 (3) included in a wilderness study area; or 

19 (4) included in an inventoried roadless area. 

20 SEC. 3. HAZARDOUS FUELS REDUCTION PROJECTS AU21 THORIZED. 

22 (a) CONSISTENCY WITH IMPLEMENTATION PLAN.—

23 The processes authorized or required by this Act shall be 

24 consistent with the implementation plan for the Com-
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1 prehensive Strategy to reduce hazardous fuels on Federal 

2 lands. 

3 (b) PRIORITY HAZARDOUS FUELS REDUCTION

4 PROJECTS.—

5 (1) PROJECTS ON CERTAIN FEDERAL LANDS.—

6 In implementing hazardous fuels reduction projects 

7 under this Act, the Secretary concerned shall give 

8 priority to projects on the following Federal lands: 

9 (A) Federal lands that are located in the 

10 wildland-urban interface within one-half mile of 

11 a community where fire regime I, fire regime 

12 II, or fire regime III exists and that are in con13 dition class 2 or condition class 3. 

14 (B) Federal lands where fire regime I, fire 

15 regime II, or fire regime III exists that are in 

16 condition class 3, or condition class 2 if the 

17 Federal lands are intermingled with condition 

18 class 3 lands, and that are located in such prox19 imity to a municipal water supply system that 

20 a hazardous fuels reduction project should be 

21 carried out in order to reduce the risk of harm 

22 to such system or the quality of a municipal 

23 water supply resulting from an unusually severe 

24 wildfire. 
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1 (2) LIMITATION ON OTHER PROJECTS PENDING

2 COMPLETION OF PRIORITY PROJECTS.—In any man3 agement unit of the Federal lands in which Federal 

4 lands described in paragraph (1) are located, the 

5 Secretary concerned shall not carry out any haz6 ardous fuels reduction project under this Act on any 

7 other lands in that management unit until the Sec8 retary concerned completes treatment of all acreage 

9 in that management unit on Federal lands described 

10 in paragraph (1). 

11 (c) COMPLIANCE WITH LAND MANAGEMENT

12 PLANS.—A hazardous fuels reduction project planned and 

13 conducted under this Act must be consistent with the land 

14 and resource management plan, land use plan, and other 

15 agency plans and regulations applicable to the Federal 

16 lands covered by the project. 

17 (d) PROJECT CONTRACTING.—To conduct a haz18 ardous fuels reduction project under this Act, the Sec19 retary concerned shall use local preference contracting and 

20 best value contracting. Payments under a contract entered 

21 into to implement a project under this Act shall only be 

22 made on a fee-for-service basis. The Secretary concerned 

23 shall not use goods-for-service contracting to implement 

24 a project under this Act. 
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1 (e) LIMITATIONS.—In conducting a hazardous fuels 

2 reduction project under this Act, the Secretary con3 cerned—

4 (1) shall not construct new permanent or tem5 porary roads; 

6 (2) shall maintain all old and large trees and 

7 the structure, function, and composition of late-suc8 cessional forest stands appropriate for each eco9 system type, until the process required by section 6 

10 is complete and Congress formally adopts or rejects 

11 the recommendations by Act of Congress; 

12 (3) shall focus on thinning from below when 

13 using mechanical treatment. 

14 (f) ACREAGE LIMITATION.—Not more than 

15 20,000,000 acres of Federal land may be treated using 

16 the authorities provided by this Act. 

17 (g) FUNDING PRIORITY.—Of funds expended for haz18 ardous fuels reduction projects under this Act, at least 75 

19 percent shall be expended on projects in the wildland20 urban interface within one-half mile of a community. 

21 (h) MONITORING.—

22 (1) MONITORING REQUIRED.—The Secretary 

23 concerned shall establish a balanced multiparty mon24 itoring process in order for Congress to assess a rep-
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1 resentative sampling of the hazardous fuels reduc2 tion projects implemented under this Act. 

3 (2) REPORT REQUIRED.—Not later than one 

4 year after the expiration of this Act, as provided in 

5 section 9, the Secretary concerned shall submit to 

6 Congress a report containing, at a minimum, the fol7 lowing: 

8 (A) An assessment of the cumulative ac9 complishments or adverse impacts of the fuels 

10 reduction projects conducted under this Act. 

11 (B) A description of the ecological effects 

12 of the projects conducted under this Act. 

13 (C) A description of the economic viability, 

14 impacts, and costs of the projects conducted 

15 under this Act. 

16 SEC. 4. COLLABORATION AND PUBLIC INPUT PROCESS. 

17 (a) PROCESS REQUIRED.—

18 (1) DEVELOPMENT.—As a condition on the se19 lection of hazardous fuels reduction projects under 

20 section 3, the Secretary of Agriculture and the Sec21 retary of the Interior shall jointly develop a collabo22 rative process with interested parties, consistent with 

23 the implementation plan for the Comprehensive 

24 Strategy. The collaborative process developed by the 

25 Secretaries may be the process set forth in title II 
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1 of the Secure Rural Schools and Community Self2 Determination Act of 2000 (Public Law 106–393; 

3 16 U.S.C. 500 note). 

4 (2) REQUIRED MAPS AND PUBLIC MEETINGS.—

5 As part of the process developed under subsection 

6 (a), the Secretaries shall—

7 (A) produce maps designating the condi8 tion class of lands at the appropriate landscape 

9 scale; 

10 (B) make such maps readily available for 

11 public inspection; and 

12 (C) hold a public meeting to discuss condi13 tion classification of lands by management unit 

14 and to identify priority areas for hazardous 

15 fuels reduction projects. 

16 (b) PUBLIC NOTICE.—

17 (1) QUARTERLY NOTICE.—The Secretary con18 cerned shall provide quarterly notice of each haz19 ardous fuels reduction project proposed to be con20 ducted using the expedited process described in sec21 tion 5. The quarterly notice shall be provided in the 

22 Federal Register, in a local paper of record, and on 

23 an agency website. The Secretary concerned may 

24 combine this quarterly notice with other quarterly 
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1 notices otherwise issued regarding Federal land 

2 management. 

3 (2) CONTENT.—The notice required by para4 graph (1) shall include, at a minimum, the following 

5 information regarding each hazardous fuels reduc6 tion project contained in the notice: 

7 (A) Specific identification that the project 

8 is a hazardous fuels reduction project for which 

9 the expedited process described in section 5 will 

10 be used, including a clear statement whether 

11 the agency intends to use a categorical exclu12 sion or to prepare an environmental assessment 

13 or environmental impact statement. 

14 (B) A description of the project, including 

15 as much information on its geographic location 

16 as practicable. 

17 (C) The approximate date on which 

18 scoping for the project will begin. 

19 (D) Information regarding how interested 

20 members of the public can take part in the de21 velopment of the project pursuant to the expe22 dited process described in section 5. 

23 (c) PUBLIC MEETING.—Following publication of each 

24 quarterly notice under subsection (b), but before the be25 ginning of scoping for the project pursuant to the expe-
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1 dited process described in section 5, the Secretary con2 cerned shall conduct a public meeting at an appropriate 

3 location in each administrative unit of the Federal lands 

4 regarding those hazardous fuels reduction projects con5 tained in the quarterly notice that are proposed to be con6 ducted in that administrative unit. The Secretary con7 cerned shall provide advance notice of the date and time 

8 of the meeting in the quarterly notice or using the same 

9 means described in subsection (b)(1). 

10 (d) FINAL AGENCY ACTION.—The Secretary con11 cerned shall provide notice in the local paper of record and 

12 on an agency website of any final agency action regarding 

13 a hazardous fuels reduction project for which the expe14 dited process described in section 5 are used. 

15 (e) PUBLIC PETITIONS FOR INCLUSION OR EXCLU16 SION OF LANDS.—

17 (1) RIGHT TO PETITION.—An entity referred to 

18 in paragraph (4) may submit to the Secretary con19 cerned a petition, with supporting evidence, that re20 quests the inclusion or exclusion of an area of Fed21 eral lands in subsection (a) with regard to condition 

22 class. 

23 (2) EVALUATION.—The Secretary concerned 

24 shall respond to a petition under paragraph (1) by 

25 public notice of a public viewing of the area in ques-
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1 tion, within 90 days of receipt the petition, with the 

2 petitioner and any other interested parties. 

3 (3) RESPONSE.—The Secretary concerned shall 

4 accept or deny the petition within 180 days of its re5 ceipt, based on the site evaluation under paragraph 

6 (2) and a specific review of the historical conditions, 

7 forest type, and present fuel loads of the Federal 

8 lands covered by the petition. 

9 (4) AUTHORIZED PETITIONERS.—A petition 

10 under paragraph (1) may be submitted by any of the 

11 following: 

12 (A) A political subdivision of a State. 

13 (B) A federally formed resource advisory 

14 council or provincial advisory committee. 

15 (C) A resource advisory committee estab16 lished under section 205 of the Secure Rural 

17 Schools and Community Self-Determination Act 

18 of 2000 (Public Law 106–393; 16 U.S.C. 500 

19 note). 

20 SEC. 5. EXPEDITED PLANNING AND IMPLEMENTATION 

21 PROCESS. 

22 (a) SCOPING.—The Secretary concerned shall con23 duct scoping with respect to each hazardous fuels reduc24 tion project for which the expedited process established by 

25 this section are to be used. 
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1 (b) CATEGORICAL EXCLUSIONS.—

2 (1) PRESUMPTION NEAR COMMUNITIES.—If a 

3 hazardous fuels reduction project covered by section 

4 3, for which the collaborative and public input proc5 ess required by section 4 is used, covers Federal 

6 lands located in the wildland-urban interface within 

7 one-half mile of a community, the project is deemed 

8 to be categorically excluded from further analysis 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4331 et seq.). The Secretary con11 cerned need not make any findings as to whether the 

12 project, either individually or cumulatively, has a 

13 significant effect on the environment. However, with14 in the one-half mile zone surrounding a community, 

15 the Secretary concerned shall vary the treatments 

16 used to achieve heterogeneity of forest conditions 

17 and to ensure forest health. 

18 (2) EXTRAORDINARY CIRCUMSTANCES EXCEP19 TION.—Paragraph (1) shall not apply to Federal 

20 lands located in the wildland-urban interface within 

21 one-half mile of a community if extraordinary cir22 cumstances exist with respect to the lands. 

23 (3) EXTRAORDINARY CIRCUMSTANCES.—In the 

24 case of a hazardous fuels reduction project for which 

25 a categorical exclusion applies under paragraph (1), 
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1 if extraordinary circumstances exist with respect to 

2 the project, the Secretary concerned shall follow 

3 agency procedures (as contained in CEQ regulation 

4 1508.4, Forest Service Handbook 1909.15, chapters 

5 30–33, as of August 22, 2002, and Bureau of Land 

6 Management Handbook H–1790–1, 516 DM 2.1–

7 2.10) related to categorical exclusions and extraor8 dinary circumstances. 

9 (4) APPEALS.—Hazardous fuels reduction 

10 projects implemented using a categorical exclusion 

11 under paragraph (1) are not subject to appeal re12 quirements imposed by section 322 of the Depart13 ment of the Interior and Related Agencies Appro14 priations Act, 1993 (Public Law 102–381; 16 

15 U.S.C. 1612 note), or the Department of the Inte16 rior Office of Hearings and Appeals. 

17 (c) ENVIRONMENTAL ASSESSMENTS.—

18 (1) IN GENERAL.—With respect to priority 

19 lands identified in section 3(b), if a categorical ex20 clusion does not apply under subsection (b) to a haz21 ardous fuels reduction project under section 3 for 

22 the lands, the Secretary concerned shall determine, 

23 consistent with the National Environmental Policy 

24 Act of 1969, whether an environmental assessment 
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1 will be sufficient to meet the requirements for the 

2 project under such Act. 

3 (2) CONTENT.—An environmental assessment 

4 prepared for a hazardous fuels reduction project 

5 under section 3 shall—

6 (A) be concise, if possible not more than 

7 10–15 pages; 

8 (B) describe sufficient information and 

9 analyses for determining whether to prepare an 

10 environmental impact statement or a finding of 

11 no significant impact; 

12 (C) state the need for the proposed action; 

13 (D) describe alternative actions, as re14 quired by section 102(2)(E) of the National 

15 Environmental Policy Act of 1969; 

16 (E) briefly describe the environmental im17 pacts of the proposed action and alternatives; 

18 (F) list the agencies and persons con19 sulted, as required by section 1508.9 of title 40, 

20 Code of Federal Regulations, with respect to 

21 National Forest System lands; 

22 (G) reference supporting data, inventories 

23 and other documents on which the Secretary 

24 concerned relied to make the decision; and 
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1 (H) involve interested agencies and the 

2 public in the preparation of the environmental 

3 assessment. 

4 (3) AVAILABILITY OF DECISION DOCUMENT.—

5 When the decision document is complete for a haz6 ardous fuels reduction project under section 3 for 

7 which an environmental assessment or categorical 

8 exclusion memo is prepared, the Secretary concerned 

9 shall—

10 (A) provide notice of the decision docu11 ment in the Federal Register, the local paper of 

12 record, and an agency website, including notice 

13 stating how the documentation listed in sub14 paragraph (B) will be available; and 

15 (B) make the environmental analysis docu16 ment, administrative record, and decision docu17 ment or memo for the project, pursuant to sec18 tion 215.2 of title 36, Code of Federal Regula19 tions, readily available for public review. 

20 (4) APPEALS.—Notwithstanding the appeal re21 quirements imposed by section 322 of the Depart22 ment of the Interior and Related Agencies Appro23 priations Act, 1993 (Public Law 102–381; 16 

24 U.S.C. 1612 note), or the Department of the Inte25 rior Office of Hearings and Appeals—
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1 (A) persons must file any administrative 

2 appeal of a project under this subsection within 

3 30 days after the date of issuance of the deci4 sion document for the project; 

5 (B) the Secretary concerned shall resolve 

6 any appeal not later than 20 days after the 

7 closing date for filing an appeal; and 

8 (C) the Secretary concerned shall stay im9 plementation of the project until the end of the 

10 15-day period beginning on date on which the 

11 Secretary concerned resolves any administrative 

12 appeal that complies with the requirements in 

13 subsection (d). 

14 (d) ADDITIONAL LIMITATION ON ADMINISTRATIVE

15 APPEALS.—Notwithstanding section 322 of the Depart16 ment of the Interior and Related Agencies Appropriations 

17 Act, 1993 (Public Law 102–381; 16 U.S.C. 1612 note), 

18 if a draft document prepared pursuant to the National 

19 Environmental Policy Act of 1969 for a hazardous fuels 

20 reduction project covered by section 3 was available for 

21 public comment, the Secretary of Agriculture may require 

22 that a person filing an administrative appeal with respect 

23 to the project must have been involved in the public com24 ment process for the project by submitting written com25 ments raising specific issues with regard to the project. 
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1 (e) STATEMENT OF COMPLIANCE.—A catagorical ex2 clusion memo or environmental assessment decision docu3 ment prepared under this section shall include a short 

4 statement as to how the hazardous fuels reduction project 

5 complies with the requirement of section 3(c). 

6 SEC. 6. DEVELOPMENT OF DEFINITIONS OF OLD AND 

7 LARGE TREES. 

8 (a) USE OF NATIONAL ACADEMY OF SCIENCES.—

9 The Secretary of Agriculture and the Secretary of the In10 terior shall jointly enter into a contract with the National 

11 Academy of Sciences for the preparation of recommended 

12 definitions of old and large trees appropriate for each eco13 system type to be used for purposes of this Act. 

14 (b) QUALIFICATIONS.—To be eligible to serve on the 

15 panel of the National Academy of Sciences used to prepare 

16 the recommended definitions of old and large trees, a 

17 member of the panel shall have scientific expertise in the 

18 characteristics of old growth and the seral stages of forest 

19 types. 

20 (c) SUBMISSION OF RECOMMENDED DEFINITIONS.—

21 Not later than one year after the date of the enactment 

22 of this Act, the National Academy of Sciences shall submit 

23 to the Secretary of Agriculture, the Secretary of the Inte24 rior, and Congress the recommended definitions of old and 

25 large trees appropriate for each ecosystem type. 
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1 SEC. 7. ONGOING PROJECTS AND EXISTING AUTHORITIES. 

2 Nothing in this Act shall affect a hazardous fuels re3 duction projects for which scoping has begun before the 

4 date of the enactment of this Act or affect authorities oth5 erwise granted to the Secretary concerned under existing 

6 law. 

7 SEC. 8. PREFERENCE TO COMMUNITIES WITH FIRE PRE8 VENTION ORDINANCES. 

9 In determining the allocation of funding for the Com10 munity and Private Land Fire Assistance program under 

11 section 10A(b) of the Cooperative Forestry Assistance Act 

12 of 1978 (16 U.S.C 2106c(b)), the Secretary of Agriculture 

13 shall prioritize funding to those communities that have 

14 taken proactive steps through the enactment of ordinances 

15 and other means to encourage property owners to reduce 

16 fire risk on private property. 

17 SEC. 9. SUNSET. 

18 The provisions of this Act shall expire at the end of 

19 the five-year period beginning on the date of the enact20 ment of this Act, except that a hazardous fuels reduction 

21 project for which a decision notice, or memo in the case 

22 of a categorical exclusion, has been issued before the end 

23 of such period may continue to be implemented using the 

24 provisions of this Act. 
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) NATIONAL FOREST SYSTEM LANDS.—For the 

3 purpose of planning and conducting hazardous fuels re4 duction projects under this Act on National Forest System 

5 Lands, there are authorized to be appropriated to the Sec6 retary of Agriculture $1,943,100,000 during the five-fiscal 

7 year period beginning October 1, 2003. Subject to section 

8 9, amounts appropriated in one fiscal year and unobli9 gated before the end of that fiscal year shall remain avail10 able for use in subsequent fiscal years. 

11 (b) BLM LANDS.—For the purpose of planning and 

12 conducting hazardous fuels reduction projects under this 

13 Act on Federal lands described in section 2(b)(2)(B), 

14 there are authorized to be appropriated to the Secretary 

15 of the Interior $1,888,000,000 during the five-fiscal year 

16 period beginning October 1, 2003. Subject to section 9, 

17 amounts appropriated in one fiscal year and unobligated 

18 before the end of that fiscal year shall remain available 

19 for use in subsequent fiscal years. 

20 SEC. 11. AVAILABILITY AND USE OF REFORESTATION 

21 TRUST FUND. 

22 (a) WAIVER OF LIMITATION ON TRANSFERS.—Dur23 ing fiscal years 2004 through 2008, the limitation in sub24 section (b)(2) of section 303 of Public Law 96–451 (16 

25 U.S.C. 1606a) shall not apply. 
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1 (b) CONSULTATION.—During fiscal years 2004 

2 through 2008, the consultation required by subsection 

3 (c)(1) of section 303 of Public Law 96–451 shall include 

4 consultation with the Secretary of the Interior. 

5 (c) EXPANSION OF OBLIGATION REQUIREMENTS.—

6 During fiscal years 2004 through 2008, the Secretary of 

7 the Interior, in addition to the Secretary of Agriculture, 

8 shall obligate funds in the Reforestation Trust Fund es9 tablished by section 303 of Public Law 96–451 on Federal 

10 lands, but the authority otherwise provided by subsection 

11 (d)(1) of such section to obligate such funds to reduce haz12 ardous fuel loads of forest stands shall not be used except 

13 as provided in subsection (d)(2) of this section. 

14 (d) OBLIGATION REQUIREMENTS AND AMOUNTS.—

15 (1) REDUCTION IN RISK OF WILDFIRE TO

16 STRUCTURES.—During fiscal years 2004 through 

17 2008, the Secretary of Agriculture and the Secretary 

18 of the Interior shall jointly obligate $100,000,000 

19 each fiscal year of funds in the Restoration Trust 

20 Fund to reduce the risk of wildfire to structures on 

21 tribal lands, nonindustrial private lands, and State 

22 lands using the authorities available under the 

23 Emergency Watershed Protection program, the Na24 tional Fire Plan, and grant programs authorized by 

25 the Farm Security and Rural Investment Act of 
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1 2002 and other laws. As part of the Emergency Wa2 tershed Protection program, the Secretary of Agri3 culture, acting through the Natural Resources Con4 servation Service, may undertake measures, includ5 ing making cost-share grants to Indian tribes, local 

6 fire districts, municipalities, homeowner associations, 

7 and counties, to prevent destruction from wildfires 

8 by treating vegetation within the defensible space of 

9 homes and other structures. 

10 (2) HAZARDOUS FUELS REDUCTION

11 PROJECTS.—During fiscal years 2004 through 2008, 

12 amounts remaining in the Reforestation Trust Fund 

13 after application of subsection (d) of section 303 of 

14 Public Law 96–451 and paragraph (1) of this sub15 section shall be used for hazardous fuels reduction 

16 projects conducted under this Act. 

17 (e) RETENTION OF REVENUE.—During fiscal years 

18 2004 through 2008, the Secretary of Agriculture and the 

19 Secretary of the Interior may sell commercial vegetation 

20 produced as a result of hazardous fuels reduction projects 

21 under this Act. Revenue from the sale of such vegetation 

22 shall be deposited in the Reforestation Trust Fund, and 

23 may only be used for hazardous fuels reduction projects 

24 described in section 5(b)(1). 
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1 (f) TRANSFERS TO REFORESTATION TRUST FUND.—

2 During fiscal years 2004 through 2008, in lieu of the 

3 transfers required by subsection (b)(1) of section 303 of 

4 Public Law 96–451, the Secretary of the Treasury may 

5 transfer to the Reforestation Trust Fund an amount equal 

6 to the sum of the tariffs received in the Treasury under 

7 chapter 44 and subheadings 6808.00.00 and 6809.11.00 

8 of chapter 68 of the Harmonized Tariff Schedule of the 

9 United States. Subsection (b)(2) of such section, which 

10 limits the total amount that may be transferred for a fiscal 

11 year, shall not apply to transfers made under this sub12 section.

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