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[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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

            TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuel reduction projects.
Sec. 103. Prioritization.
Sec. 104. Environmental analysis.
Sec. 105. Special administrative review process.
Sec. 106. Judicial review in United States district courts.
Sec. 107. Effect of title.
Sec. 108. Authorization of appropriations.

                            TITLE II--BIOMASS

Sec. 201. Improved biomass use research program.
Sec. 202. Rural revitalization through forestry.
Sec. 203. Biomass commercial utilization grant program.

                TITLE III--WATERSHED FORESTRY ASSISTANCE

Sec. 301. Findings and purposes.
Sec. 302. Watershed forestry assistance program.
Sec. 303. Tribal watershed forestry assistance.

           TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES

Sec. 401. Findings and purpose.
Sec. 402. Definitions.
Sec. 403. Accelerated information gathering regarding forest-damaging 
          insects.
Sec. 404. Applied silvicultural assessments.
Sec. 405. Relation to other laws.
Sec. 406. Authorization of appropriations.

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

Sec. 501. Establishment of healthy forests reserve program.
Sec. 502. Eligibility and enrollment of lands in program.
Sec. 503. Restoration plans.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Protections and measures
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.

                         TITLE VI--MISCELLANEOUS

Sec. 601. Forest stands inventory and monitoring program to improve 
          detection of and response to environmental threats.

SEC. 2. PURPOSES.

    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.

SEC. 3. DEFINITIONS.

    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).

           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

SEC. 101. DEFINITIONS.

    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.

SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.

    (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.

SEC. 103. PRIORITIZATION.

    (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.

SEC. 104. ENVIRONMENTAL ANALYSIS.

    (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.

SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.

    (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.

SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.

    (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.

SEC. 107. EFFECT OF TITLE.

    (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.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    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.

                           TITLE II--BIOMASS

SEC. 201. IMPROVED BIOMASS USE RESEARCH PROGRAM.

    (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''.

SEC. 202. RURAL REVITALIZATION THROUGH FORESTRY.

    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.''.

SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.

    (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.

                TITLE III--WATERSHED FORESTRY ASSISTANCE

SEC. 301. FINDINGS AND PURPOSES.

    (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.

SEC. 302. WATERSHED FORESTRY ASSISTANCE PROGRAM.

    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.''.

SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.

    (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.

           TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES

SEC. 401. FINDINGS AND PURPOSE.

    (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.

SEC. 402. DEFINITIONS.

    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.

SEC. 403. ACCELERATED INFORMATION GATHERING REGARDING FOREST-DAMAGING 
              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.

SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS.

    (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.

SEC. 405. RELATION TO OTHER LAWS.

    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.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.

    (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.

SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN 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.

SEC. 503. RESTORATION PLANS.

    (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.

SEC. 504. FINANCIAL ASSISTANCE.

    (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.

SEC. 505. TECHNICAL ASSISTANCE.

    (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.

SEC. 506. PROTECTIONS AND MEASURES.

    (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.

SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.

    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.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    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.

                        TITLE VI--MISCELLANEOUS

SEC. 601. FOREST STANDS INVENTORY AND MONITORING PROGRAM TO IMPROVE 
              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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