108TH CONGRESS

1ST SESSION H. R. 1904

AN ACT

To improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to plan

and conduct hazardous fuels reduction projectson National Forest System lands and Bureau ofLand Management lands aimed at protectingcommunities, watersheds, and certain other atrisk lands from catastrophic wildfire, to enhanceefforts to protect watersheds and address threatsto forest and rangeland health, including catastrophic wildfire, across the landscape, and forother purposes.

108TH CONGRESS

1ST SESSION H. R. 1904

AN ACT

To improve the capacity of the Secretary of Agriculture

and the Secretary of the Interior to plan and 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.
2

•HR 1904 EH

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; TABLE OF CONTENTS.

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

5 ‘‘Healthy Forests Restoration Act of 2003’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

TITLE I—HAZARDOUS FUELS REDUCTION ON FEDERAL LANDS

Sec. 101. Definitions.

Sec. 102. Authorized hazardous fuels reduction projects.

Sec. 103. Prioritization for communities and watersheds.

Sec. 104. Environmental analysis.

Sec. 105. Special Forest Service administrative review process.

Sec. 106. Special requirements regarding judicial review of authorized hazardous fuels reduction projects.

Sec. 107. Injunctive relief for agency action to restore fire-adapted forest or

rangeland ecosystems.

Sec. 108. Rules of construction.

TITLE II—BIOMASS

Sec. 201. Findings.

Sec. 202. Definitions.

Sec. 203. Grants to improve the commercial value of forest biomass for electric

energy, useful heat, transportation fuels, and petroleum-based

product substitutes.

Sec. 204. Reporting requirement.

TITLE III—WATERSHED FORESTRY ASSISTANCE

Sec. 301. Findings and purpose.

Sec. 302. Establishment of watershed forestry assistance program.

TITLE IV—INSECT INFESTATIONS

Sec. 401. Definitions, findings, and purpose.

Sec. 402. Accelerated information gathering regarding bark beetles, including

Southern pine beetles, hemlock woolly adelgid, emerald ash

borers, red oak borers, and white oak borers.

Sec. 403. Applied silvicultural assessments.

Sec. 404. Relation to other laws.

Sec. 405. Authorization of appropriations.

TITLE V—HEALTHY FORESTS RESERVE PROGRAM
3

•HR 1904 EH

Sec. 501. Establishment of healthy forests reserve program.

Sec. 502. Eligibility and enrollment of lands in program.

Sec. 503. Conservation plans.

Sec. 504. Financial assistance.

Sec. 505. Technical assistance.

Sec. 506. Safe harbor.

Sec. 507. Authorization of appropriations.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. Forest stands inventory and monitoring program to improve detection

of and response to environmental threats.

1 SEC. 2. PURPOSE.

2 The purpose of this Act is—

3 (1) to reduce the risks of damage to commu4 nities, municipal water supplies, and some at-risk

5 Federal lands from catastrophic wildfires;

6 (2) to authorize grant programs to improve the

7 commercial value of forest biomass for electric en8 ergy, useful heat, transportation fuels, petroleum9 based product substitutes and other commercial pur10 poses;

11 (3) to enhance efforts to protect watersheds and

12 address threats to forest and rangeland health, in13 cluding catastrophic wildfire, across the landscape;

14 (4) to promote systematic information gath15 ering to address the impact of insect infestations on

16 forest and rangeland health;

17 (5) to improve the capacity to detect insect and

18 disease infestations at an early stage, particularly

19 with respect to hardwood forests; and
4

•HR 1904 EH

1 (6) to protect, restore, and enhance degraded

2 forest ecosystem types in order to promote the recov3 ery of threatened and endangered species as well as

4 improve biological diversity and enhance carbon se5 questration.

6 TITLE I—HAZARDOUS FUELS RE7 DUCTION ON FEDERAL

8 LANDS

9 SEC. 101. DEFINITIONS.

10 In this title:

11 (1) AUTHORIZED HAZARDOUS FUELS REDUC12 TION PROJECT.—The term ‘‘authorized hazardous

13 fuels reduction project’’ means a hazardous fuels re14 duction project described in subsection (a) of section

15 102, subject to the remainder of such section, that

16 is planned and conducted using the process author17 ized by section 104.

18 (2) CONDITION CLASS 2.—The term ‘‘condition

19 class 2’’, with respect to an area of Federal lands,

20 refers to the condition class description developed by

21 the Forest Service Rocky Mountain Research Sta22 tion in the general technical report entitled ‘‘Devel23 opment of Coarse-Scale Spatial Data for Wildland

24 Fire and Fuel Management’’ (RMRS–87), dated

25 April 2000, under which—
5

•HR 1904 EH

1 (A) fire regimes on the lands have been

2 moderately altered from their historical range;

3 (B) there exists a moderate risk of losing

4 key ecosystem components from fire;

5 (C) fire frequencies have departed (either

6 increased or decreased) from historical fre7 quencies by one or more return interval, which

8 results in moderate changes to fire size, fre9 quency, intensity, severity, or landscape pat10 terns; and

11 (D) vegetation attributes have been mod12 erately altered from their historical range.

13 (3) CONDITION CLASS 3.—The term ‘‘condition

14 class 3’’, with respect to an area of Federal lands,

15 refers to the condition class description developed by

16 the Rocky Mountain Research Station in the general

17 technical report referred to in paragraph (2), under

18 which—

19 (A) fire regimes on the lands have been

20 significantly altered from their historical range;

21 (B) there exists a high risk of losing key

22 ecosystem components from fire;

23 (C) fire frequencies have departed from

24 historical frequencies by multiple return inter25 vals, which results in dramatic changes to fire
6

•HR 1904 EH

1 size, frequency, intensity, severity, or landscape

2 patterns; and

3 (D) vegetation attributes have been signifi4 cantly altered from their historical range.

5 (4) DAY.—The term ‘‘day’’ means a calendar

6 day, except that, if a deadline imposed by this title

7 would expire on a nonbusiness day, the deadline will

8 be extended to the end of the next business day.

9 (5) DECISION DOCUMENT.—The term ‘‘decision

10 document’’ means a decision notice or a record of

11 decision, as those terms are used in applicable regu12 lations of the Council on Environmental Quality and

13 the Forest Service Handbook.

14 (6) FEDERAL LANDS.—The term ‘‘Federal

15 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 (7) HAZARDOUS FUELS REDUCTION

21 PROJECT.—The term ‘‘hazardous fuels reduction

22 project’’ refers to the measures and methods de23 scribed in the definition of ‘‘appropriate tools’’ con24 tained in the glossary of the Implementation Plan.
7

•HR 1904 EH

1 (8) IMPLEMENTATION PLAN.—The term ‘‘Im2 plementation Plan’’ means the Implementation Plan

3 for the 10-year Comprehensive Strategy for a Col4 laborative Approach for Reducing Wildland Fire

5 Risks to Communities and the Environment, dated

6 May 2002, which was developed pursuant to the con7 ference report for the Department of the Interior

8 and Related Agencies Appropriations Act, 2001

9 (House Report 106–646).

10 (9) INTERFACE COMMUNITY AND INTERMIX

11 COMMUNITY.—The terms ‘‘interface community’’

12 and ‘‘intermix community’’ have the meanings given

13 those terms on page 753 of volume 66 of the Fed14 eral Register, as published on January 4, 2001.

15 (10) MUNICIPAL WATER SUPPLY SYSTEM.—The

16 term ‘‘municipal water supply system’’ means the

17 reservoirs, canals, ditches, flumes, laterals, pipes,

18 pipelines, or other surface facilities and systems con19 structed or installed for the impoundment, storage,

20 transportation, or distribution of drinking water for

21 a community.

22 (11) SECRETARY CONCERNED.—The term

23 ‘‘Secretary concerned’’ means the Secretary of Agri24 culture with respect to National Forest System lands

25 and the Secretary of the Interior with respect to
8

•HR 1904 EH

1 public lands administered by the Bureau of Land

2 Management. Any reference in this title to the ‘‘Sec3 retary concerned’’, the ‘‘Secretary of Agriculture’’,

4 or the ‘‘Secretary of the Interior’’ includes the des5 ignee of the Secretary concerned.

6 (12) THREATENED AND ENDANGERED SPECIES

7 HABITAT.—The term ‘‘threatened and endangered

8 species habitat’’ means Federal lands identified in

9 the listing decision or critical habitat designation as

10 habitat for a threatened species or an endangered

11 species under the Endangered Species Act of 1973

12 (16 U.S.C. 1531 et seq.).

13 SEC. 102. AUTHORIZED HAZARDOUS FUELS REDUCTION

14 PROJECTS.

15 (a) AUTHORIZED PROJECTS.—Subject to the remain16 der of this section, the Secretary concerned may utilize

17 the process authorized by section 104 to plan and conduct

18 hazardous fuels reduction projects on any of the following

19 Federal lands:

20 (1) Federal lands located in an interface com21 munity or intermix community.

22 (2) Federal lands located in such proximity to

23 an interface community or intermix community that

24 there is a significant risk that the spread of a fire

25 disturbance event from those lands would threaten
9

•HR 1904 EH

1 human life and property in the interface community

2 or intermix community.

3 (3) Condition class 3 or condition class 2 Fed4 eral lands located in such proximity to a municipal

5 water supply system, or to a perennial stream feed6 ing a municipal water supply system, that a signifi7 cant risk exists that a fire disturbance event would

8 have substantial adverse effects on the water quality

9 of the municipal water supply, including the risk to

10 water quality posed by erosion following such a fire

11 disturbance event.

12 (4) Condition class 3 or condition class 2 Fed13 eral lands identified by the Secretary concerned as

14 an area where windthrow or blowdown, or the exist15 ence or threat of disease or insect infestation, pose

16 a significant threat to forest or rangeland health or

17 adjacent private lands.

18 (5) Federal lands not covered by paragraph (1),

19 (2), (3), or (4) that contain threatened and endan20 gered species habitat, but only if—

21 (A) natural fire regimes on such lands are

22 identified as being important for, or wildfire is

23 identified as a threat to, an endangered species,

24 a threatened species, or its habitat in a species

25 recovery plan prepared under section 4 of the
10

•HR 1904 EH

1 Endangered Species Act of 1973 (16 U.S.C.

2 1533) or in a decision document under such

3 section determining a species to be an endan4 gered species or a threatened species or desig5 nating critical habitat;

6 (B) the project will provide enhanced pro7 tection from catastrophic wildfire for the spe8 cies or its habitat; and

9 (C) the Secretary complies with any appli10 cable guidelines specified in the species recovery

11 plan prepared under the Endangered Species

12 Act of 1973 (16 U.S.C. 1531 et seq.).

13 (b) RELATION TO AGENCY PLANS.—An authorized

14 hazardous fuels reduction project shall be planned and

15 conducted in a manner consistent with the land and re16 source management plan or land use plan applicable to

17 the Federal lands covered by the project.

18 (c) ACREAGE LIMITATION.—Not more than a total

19 of 20,000,000 acres of Federal lands may be included in

20 authorized hazardous fuels reduction projects.

21 (d) EXCLUSION OF CERTAIN FEDERAL LANDS.—The

22 Secretary concerned may not plan or conduct an author23 ized hazardous fuels reduction project that would occur

24 on any of the following Federal lands:
11

•HR 1904 EH

1 (1) A component of the National Wilderness

2 Preservation System.

3 (2) Federal lands where, by Act of Congress or

4 Presidential proclamation, the removal of vegetation

5 is prohibited or restricted.

6 (3) Wilderness Study Areas.

7 SEC. 103. PRIORITIZATION FOR COMMUNITIES AND WATER8 SHEDS.

9 As provided for in the Implementation Plan, the Sec10 retary concerned shall give priority to authorized haz11 ardous fuel reduction projects that provide for the protec12 tion of communities and watersheds.

13 SEC. 104. ENVIRONMENTAL ANALYSIS.

14 (a) IN GENERAL.—Except as otherwise provided in

15 this title, the Secretary concerned shall plan and conduct

16 authorized hazardous fuels reduction projects in accord17 ance with the National Environmental Policy Act of 1969

18 (42 U.S.C. 4331 et seq.) and any other applicable laws.

19 The Secretary concerned shall prepare an environmental

20 assessment or an environmental impact statement for each

21 authorized hazardous fuels reduction project.

22 (b) DISCRETIONARY AUTHORITY TO ELIMINATE AL23 TERNATIVES.—In the case of an authorized hazardous

24 fuels reduction project, the Secretary concerned is not re25 quired to study, develop, or describe any alternative to the
12

•HR 1904 EH

1 proposed agency action in the environmental assessment

2 or environmental impact statement prepared for the pro3 posed agency action pursuant to section 102(2) of the Na4 tional Environmental Policy Act of 1969 (42 U.S.C.

5 4332(2)).

6 (c) PUBLIC NOTICE AND MEETING.—

7 (1) PUBLIC NOTICE.—The Secretary concerned

8 shall provide notice of each authorized hazardous

9 fuels reduction project in accordance with applicable

10 regulations and administrative guidelines.

11 (2) PUBLIC MEETING.—During the planning

12 stage of each authorized hazardous fuels reduction

13 project, the Secretary concerned shall conduct a

14 public meeting at an appropriate location proximate

15 to the administrative unit of the Federal lands in

16 which the authorized hazardous fuels reduction

17 project will be conducted. The Secretary concerned

18 shall provide advance notice of the date and time of

19 the meeting.

20 (d) PUBLIC COLLABORATION.—In order to encourage

21 meaningful public participation in the identification and

22 development of authorized hazardous fuels reduction

23 projects, the Secretary concerned shall facilitate collabora24 tion among governments and interested persons during
13

•HR 1904 EH

1 the formulation of each authorized fuels reduction project

2 in a manner consistent with the Implementation Plan.

3 (e) ENVIRONMENTAL ANALYSIS AND PUBLIC COM4 MENT.—In accordance with section 102(2) of the National

5 Environmental Policy Act of 1969 (42 U.S.C. 4332(2))

6 and the applicable regulations and administrative guide7 lines in effect on the date of the enactment of this Act,

8 the Secretary concerned shall provide an opportunity for

9 public input during the preparation of any environmental

10 assessment or environmental impact statement for pro11 posed agency action for an authorized hazardous fuels re12 duction project.

13 (f) DECISION DOCUMENT.—The Secretary concerned

14 shall sign a decision document for each authorized haz15 ardous fuels reduction project and provide notice of the

16 decision document.

17 (g) PROJECT MONITORING.—As provided for in the

18 Implementation Plan, the Secretary concerned shall mon19 itor the implementation of authorized hazardous fuels re20 duction projects.

21 SEC. 105. SPECIAL FOREST SERVICE ADMINISTRATIVE RE22 VIEW PROCESS.

23 (a) DEVELOPMENT OF ADMINISTRATIVE PROCESS.—

24 Not later than 90 days after the date of the enactment

25 of this Act, the Secretary of Agriculture shall issue final
14

•HR 1904 EH

1 regulations to establish an administrative process that will

2 serve as the sole means by which a person described in

3 subsection (b) can seek administrative redress regarding

4 an authorized hazardous fuels reduction project.

5 (b) ELIGIBLE PERSONS.—To be eligible to partici6 pate in the administrative process developed pursuant to

7 subsection (a) regarding an authorized hazardous fuels re8 duction project, a person must have submitted specific and

9 substantive written comments during the preparation

10 stage of that authorized hazardous fuels reduction project.

11 The Secretary of Agriculture shall ensure that, during the

12 preparation stage of each authorized hazardous fuels re13 duction project, notice and comment is provided in a man14 ner sufficient to permit interested persons a reasonable

15 opportunity to satisfy the requirements of this subsection.

16 (c) RELATION TO APPEALS REFORM ACT.—Section

17 322 of the Department of the Interior and Related Agen18 cies Appropriations Act, 1993 (Public Law 102–381; 16

19 U.S.C. 1612 note), does not apply to an authorized haz20 ardous fuels reduction project.

21 SEC. 106. SPECIAL REQUIREMENTS REGARDING JUDICIAL

22 REVIEW OF AUTHORIZED HAZARDOUS FUELS

23 REDUCTION PROJECTS.

24 (a) FILING DEADLINE.—
15

•HR 1904 EH

1 (1) TIME LIMIT ESTABLISHED FOR FILING.—

2 Notwithstanding any other provision of law, to be

3 timely, an action in a court of the United States

4 challenging an authorized hazardous fuels reduction

5 project shall be filed in the court before the end of

6 the 15-day period beginning on the date on which

7 the Secretary concerned publishes, in the local paper

8 of record, notice of the final agency action regarding

9 the authorized hazardous fuels reduction project.

10 This time limitation supersedes any notice of intent

11 to file suit requirement or filing deadline otherwise

12 applicable to a challenge under any provision of law.

13 (2) WAIVER PROHIBITED.—The Secretary con14 cerned may not agree to, and a district court may

15 not grant, a waiver of the requirements of this sub16 section.

17 (b) DURATION OF PRELIMINARY INJUNCTION.—

18 (1) DURATION; EXTENSION.—Any preliminary

19 injunction granted regarding an authorized haz20 ardous fuels reduction project shall be limited to 45

21 days. A court may renew the preliminary injunction,

22 taking into consideration the goal expressed in sub23 section (c) for the expeditious resolution of cases re24 garding authorized hazardous fuels reduction

25 projects.
16

•HR 1904 EH

1 (2) SUBMISSION OF INFORMATION.—As part of

2 a request to renew a preliminary injunction granted

3 regarding an authorized hazardous fuels reduction

4 project, the parties shall present the court with an

5 update on any changes that may have occurred dur6 ing the period of the injunction to the forest or

7 rangeland conditions that the authorized hazardous

8 fuels reduction project is intended to address.

9 (3) CONGRESSIONAL NOTIFICATION.—In the

10 event of the renewal of a preliminary injunction re11 garding an authorized hazardous fuels reduction

12 project, the Secretary concerned shall submit notice

13 of the renewal to the Committee on Resources and

14 the Committee on Agriculture of the House of Rep15 resentatives and the Committee on Energy and Nat16 ural Resources and the Committee on Agriculture,

17 Nutrition, and Forestry of the Senate.

18 (c) EXPEDITIOUS COMPLETION OF JUDICIAL RE19 VIEW.—Congress intends and encourages any court in

20 which is filed a lawsuit or appeal of a lawsuit concerning

21 an authorized hazardous fuels reduction project to expe22 dite, to the maximum extent practicable, the proceedings

23 in such lawsuit or appeal with the goal of rendering a final

24 determination on jurisdiction, and if jurisdiction exists, a
17

•HR 1904 EH

1 final determination on the merits, within 100 days from

2 the date the complaint or appeal is filed.

3 SEC. 107. INJUNCTIVE RELIEF FOR AGENCY ACTION TO RE4 STORE FIRE-ADAPTED FOREST OR RANGE5 LAND ECOSYSTEMS.

6 (a) COVERED PROJECTS.—This section applies with

7 respect to a motion for an injunction in an action brought

8 against the Secretary concerned under section 703 of title

9 5, United States Code, that involves an agency action on

10 Federal lands, including an authorized hazardous fuels re11 duction project, that is necessary to restore a fire-adapted

12 forest or rangeland system.

13 (b) INJUNCTIVE RELIEF.—When considering a mo14 tion described in subsection (a), in determining whether

15 there would be harm to the defendant from the injunction

16 and whether the injunction would be in the public interest,

17 the court reviewing the agency action shall—

18 (1) balance the impact to the ecosystem of the

19 short-term and long-term effects of undertaking the

20 agency action against the short-term and long-term

21 effects of not undertaking the agency action; and

22 (2) give weight to a finding by the Secretary

23 concerned in the administrative record of the agency

24 action concerning the short-term and long-term ef25 fects of undertaking the agency action and of not
18

•HR 1904 EH

1 undertaking the agency action, unless the court

2 finds that the finding was arbitrary and capricious.

3 SEC. 108. RULES OF CONSTRUCTION.

4 (a) RELATION TO OTHER AUTHORITY.—Nothing in

5 this title shall be construed to affect, or otherwise bias,

6 the use by the Secretary concerned of other statutory or

7 administrative authorities to plan or conduct a hazardous

8 fuels reduction project on Federal lands, including Federal

9 lands identified in section 102(e), that is not planned or

10 conducted using the process authorized by section 104.

11 (b) RELATION TO LEGAL ACTION.—Nothing in this

12 title shall be construed to prejudice or otherwise affect the

13 consideration or disposition of any legal action concerning

14 the Roadless Area Conservation Rule, part 294 of title 36,

15 Code of Federal Regulations, as amended in the final rule

16 and record of decision published in the Federal Register

17 on January 12, 2001 (66 Fed. Reg. 3244).

18 TITLE II—BIOMASS

19 SEC. 201. FINDINGS.

20 Congress finds the following:

21 (1) Thousands of communities in the United

22 States, many located near Federal lands, are at risk

23 to wildfire. Approximately 190,000,000 acres of land

24 managed by the Secretary of Agriculture and the

25 Secretary of the Interior are at risk of catastrophic
19

•HR 1904 EH

1 fire in the near future. The accumulation of heavy

2 forest and rangeland fuel loads continues to increase

3 as a result of disease, insect infestations, and

4 drought, further raising the risk of fire each year.

5 (2) In addition, more than 70,000,000 acres

6 across all land ownerships are at risk to higher than

7 normal mortality over the next 15 years from insect

8 infestation and disease. High levels of tree mortality

9 from insects and disease result in increased fire risk,

10 loss of old growth, degraded watershed conditions,

11 and changes in species diversity and productivity, as

12 well as diminished fish and wildlife habitat and de13 creased timber values.

14 (3) Preventive treatments such as removing fuel

15 loading, ladder fuels, and hazard trees, planting

16 proper species mix and restoring and protecting

17 early successional habitat, and other specific restora18 tion treatments designed to reduce the susceptibility

19 of forest and rangeland to insect outbreaks, disease,

20 and catastrophic fire present the greatest oppor21 tunity for long-term forest and rangeland health by

22 creating a mosaic of species-mix and age distribu23 tion. Such prevention treatments are widely acknowl24 edged to be more successful and cost effective than
20

•HR 1904 EH

1 suppression treatments in the case of insects, dis2 ease, and fire.

3 (4) The by-products of preventive treatment

4 (wood, brush, thinnings, chips, slash, and other haz5 ardous fuels) removed from forest and rangelands

6 represent an abundant supply of biomass for bio7 mass-to-energy facilities and raw material for busi8 ness. There are currently few markets for the ex9 traordinary volumes of by-products being generated

10 as a result of the necessary large-scale preventive

11 treatment activities.

12 (5) The United States should—

13 (A) promote economic and entrepreneurial

14 opportunities in using by-products removed

15 through preventive treatment activities related

16 to hazardous fuels reduction, disease, and insect

17 infestation; and

18 (B) develop and expand markets for tradi19 tionally underused wood and biomass as an out20 let for by-products of preventive treatment ac21 tivities.

22 SEC. 202. DEFINITIONS.

23 In this title:

24 (1) BIOMASS.—The term ‘‘biomass’’ means

25 trees and woody plants, including limbs, tops, nee-
21

•HR 1904 EH

1 dles, and other woody parts, and by-products of pre2 ventive treatment, such as wood, brush, thinnings,

3 chips, and slash, that are removed—

4 (A) to reduce hazardous fuels; or

5 (B) to reduce the risk of or to contain dis6 ease or insect infestation.

7 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

8 has the meaning given the term in section 4(e) of

9 the Indian Self-Determination and Education Assist10 ance Act (25 U.S.C. 450b(e)).

11 (3) PERSON.—The term ‘‘person’’ includes—

12 (A) an individual;

13 (B) a community (as determined by the

14 Secretary concerned);

15 (C) an Indian tribe;

16 (D) a small business, micro-business, or a

17 corporation that is incorporated in the United

18 States; and

19 (E) a nonprofit organization.

20 (4) PREFERRED COMMUNITY.—The term ‘‘pre21 ferred community’’ means—

22 (A) any town, township, municipality, or

23 other similar unit of local government (as deter24 mined by the Secretary concerned) that—
22

•HR 1904 EH

1 (i) has a population of not more than

2 50,000 individuals; and

3 (ii) the Secretary concerned, in the

4 sole discretion of the Secretary concerned,

5 determines contains or is located near

6 land, the condition of which is at signifi7 cant risk of catastrophic wildfire, disease,

8 or insect infestation or which suffers from

9 disease or insect infestation; or

10 (B) any county that—

11 (i) is not contained within a metro12 politan statistical area; and

13 (ii) the Secretary concerned, in the

14 sole discretion of the Secretary concerned,

15 determines contains or is located near

16 land, the condition of which is at signifi17 cant risk of catastrophic wildfire, disease,

18 or insect infestation or which suffers from

19 disease or insect infestation.

20 (5) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means—

22 (A) the Secretary of Agriculture with re23 spect to National Forest System lands; and
23

•HR 1904 EH

1 (B) the Secretary of the Interior with re2 spect to Federal lands under the jurisdiction of

3 the Secretary of the Interior and Indian lands.

4 SEC. 203. GRANTS TO IMPROVE THE COMMERCIAL VALUE

5 OF FOREST BIOMASS FOR ELECTRIC ENERGY,

6 USEFUL HEAT, TRANSPORTATION FUELS,

7 AND PETROLEUM-BASED PRODUCT SUB8 STITUTES.

9 (a) BIOMASS COMMERCIAL USE GRANT PROGRAM.—

10 (1) IN GENERAL.—The Secretary concerned

11 may make grants to any person that owns or oper12 ates a facility that uses biomass as a raw material

13 to produce electric energy, sensible heat, transpor14 tation fuels, or substitutes for petroleum-based prod15 ucts to offset the costs incurred to purchase biomass

16 for use by such facility.

17 (2) GRANT AMOUNTS.—A grant under this sub18 section may not exceed $20 per green ton of biomass

19 delivered.

20 (3) MONITORING OF GRANT RECIPIENT ACTIVI21 TIES.—As a condition of a grant under this sub22 section, the grant recipient shall keep such records

23 as the Secretary concerned may require to fully and

24 correctly disclose the use of the grant funds and all

25 transactions involved in the purchase of biomass.
24

•HR 1904 EH

1 Upon notice by a representative of the Secretary

2 concerned, the grant recipient shall afford the rep3 resentative reasonable access to the facility that pur4 chases or uses biomass and an opportunity to exam5 ine the inventory and records of the facility.

6 (b) VALUE ADDED GRANT PROGRAM.—

7 (1) IN GENERAL.—The Secretary concerned

8 may make grants to persons to offset the cost of

9 projects to add value to biomass. In making such

10 grants, the Secretary concerned shall give preference

11 to persons in preferred communities.

12 (2) SELECTION.—The Secretary concerned shall

13 select a grant recipient under paragraph (1) after

14 giving consideration to the anticipated public bene15 fits of the project, opportunities for the creation or

16 expansion of small businesses and micro-businesses,

17 and the potential for new job creation.

18 (3) GRANT AMOUNT.—A grant under this sub19 section may not exceed $100,000.

20 (c) RELATION TO OTHER ENDANGERED SPECIES

21 AND RIPARIAN PROTECTIONS.—The Secretary concerned

22 shall comply with applicable endangered species and ripar23 ian protections in making grants under this section.

24 Projects funded using grant proceeds shall be required to

25 comply with such protections.
25

•HR 1904 EH

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $25,000,000 for each of the

3 fiscal years 2004 through 2008 to carry out this section.

4 SEC. 204. REPORTING REQUIREMENT.

5 (a) REPORT REQUIRED.—Not later than October 1,

6 2010, the Secretary of Agriculture, in consultation with

7 the Secretary of the Interior, shall submit to the Com8 mittee on Resources and the Committee on Agriculture of

9 the House of Representatives and the Committee on En10 ergy and Natural Resources and the Committee on Agri11 culture, Nutrition, and Forestry of the Senate a report

12 describing the results of the grant programs authorized

13 by section 203.

14 (b) CONTENTS OF REPORT.—The report shall include

15 the following:

16 (1) An identification of the size, type, and the

17 use of biomass by persons that receive grants under

18 section 203.

19 (2) The distance between the land from which

20 the biomass was removed and the facility that used

21 the biomass.

22 (3) The economic impacts, particularly new job

23 creation, resulting from the grants to and operation

24 of the eligible operations.
26

•HR 1904 EH

1 TITLE III—WATERSHED

2 FORESTRY ASSISTANCE

3 SEC. 301. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds the following:

5 (1) There has been a dramatic shift in public

6 attitudes and perceptions about forest management,

7 particularly in the understanding and practice of

8 sustainable forest management.

9 (2) It is commonly recognized that the proper

10 stewardship of forest lands is essential to sustaining

11 and restoring the health of watersheds.

12 (3) Forests can provide essential ecological

13 services in filtering pollutants, buffering important

14 rivers and estuaries, and minimizing flooding, which

15 makes its restoration worthy of special focus.

16 (4) Strengthened education, technical assist17 ance, and financial assistance to nonindustrial pri18 vate forest landowners and communities, relating to

19 the protection of watershed health, is needed to real20 ize the expectations of the general public.

21 (b) PURPOSE.—The purpose of this title is to—

22 (1) improve landowner and public under23 standing of the connection between forest manage24 ment and watershed health;
27

•HR 1904 EH

1 (2) encourage landowners to maintain tree

2 cover on their property and to utilize tree plantings

3 and vegetative treatments as creative solutions to

4 watershed problems associated with varying land

5 uses;

6 (3) enhance and complement forest manage7 ment and buffer utilization for watersheds, with an

8 emphasis on urban watersheds;

9 (4) establish new partnerships and collaborative

10 watershed approaches to forest management, stew11 ardship, and conservation;

12 (5) provide technical and financial assistance to

13 States to deliver a coordinated program that en14 hances State forestry best-management practices

15 programs, as well as conserves and improves for16 ested lands and potentially forested lands through

17 technical, financial, and educational assistance to

18 qualifying individuals and entities; and

19 (6) maximize the proper management and con20 servation of wetland forests and to assist in their

21 restoration as necessary.
28

•HR 1904 EH

1 SEC. 302. ESTABLISHMENT OF WATERSHED FORESTRY AS2 SISTANCE PROGRAM.

3 The Cooperative Forestry Assistance Act of 1978 is

4 amended by inserting after section 5 the following new

5 section:

6 ‘‘SEC. 6. WATERSHED FORESTRY ASSISTANCE.

7 ‘‘(a) GENERAL AUTHORITY AND PURPOSE.—The

8 Secretary, acting through the Forest Service, may provide

9 technical, financial, and related assistance to State for10 esters and equivalent State officials for the purpose of ex11 panding State forest stewardship capacities and activities

12 through State forestry best-management practices and

13 other means at the State level to address watershed issues

14 on non-Federal forested lands and potentially forested

15 lands.

16 ‘‘(b) TECHNICAL ASSISTANCE TO PROTECT WATER

17 QUALITY.—

18 ‘‘(1) IN GENERAL.—The Secretary, in coopera19 tion with State foresters or equivalent State officials,

20 shall engage interested members of the public, in21 cluding nonprofit organizations and local watershed

22 councils, to develop a program of technical assist23 ance to protect water quality, as described in para24 graph (2).

25 ‘‘(2) PURPOSE OF PROGRAM.—The program

26 under this subsection shall be designed—
29

•HR 1904 EH

1 ‘‘(A) to build and strengthen watershed

2 partnerships that focus on forested landscapes

3 at the local, State, and regional levels;

4 ‘‘(B) to provide State forestry best-man5 agement practices and water quality technical

6 assistance directly to nonindustrial private for7 est landowners;

8 ‘‘(C) to provide technical guidance to land

9 managers and policy makers for water quality

10 protection through forest management;

11 ‘‘(D) to complement State and local efforts

12 to protect water quality and provide enhanced

13 opportunities for consultation and cooperation

14 among Federal and State agencies charged with

15 responsibility for water and watershed manage16 ment; and

17 ‘‘(E) to provide enhanced forest resource

18 data and support for improved implementation

19 and monitoring of State forestry best-manage20 ment practices.

21 ‘‘(3) IMPLEMENTATION.—The program of tech22 nical assistance shall be implemented by State for23 esters or equivalent State officials.

24 ‘‘(c) WATERSHED FORESTRY COST-SHARE PRO25 GRAM.—
30

•HR 1904 EH

1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a watershed forestry cost-share program to be

3 administered by the Forest Service and implemented

4 by State foresters or equivalent State officials.

5 Funds or other support provided under such pro6 gram shall be made available for State forestry best7 management practices programs and watershed for8 estry projects.

9 ‘‘(2) WATERSHED FORESTRY PROJECTS.—The

10 State forester or equivalent State official of a State,

11 in coordination with the State Forest Stewardship

12 Coordinating Committee established under section

13 19(b) for that State, shall annually make awards to

14 communities, nonprofit groups, and nonindustrial

15 private forest landowners under the program for wa16 tershed forestry projects described in paragraph (3).

17 ‘‘(3) PROJECT ELEMENTS AND OBJECTIVES.—A

18 watershed forestry project shall accomplish critical

19 forest stewardship, watershed protection, and res20 toration needs within a State by demonstrating the

21 value of trees and forests to watershed health and

22 condition through—

23 ‘‘(A) the use of trees as solutions to water

24 quality problems in urban and rural areas;
31

•HR 1904 EH

1 ‘‘(B) community-based planning, involve2 ment, and action through State, local and non3 profit partnerships;

4 ‘‘(C) application of and dissemination of

5 monitoring information on forestry best-man6 agement practices relating to watershed for7 estry;

8 ‘‘(D) watershed-scale forest management

9 activities and conservation planning; and

10 ‘‘(E) the restoration of wetland (as defined

11 by the States) and stream-side forests and the

12 establishment of riparian vegetative buffers.

13 ‘‘(4) COST-SHARING.—Funds provided under

14 this subsection for a watershed forestry project may

15 not exceed 75 percent of the cost of the project.

16 Other Federal funding sources may be used to cover

17 a portion of the remaining project costs, but the

18 total Federal share of the costs may not exceed 90

19 percent. The non-Federal share of the costs of a

20 project may be in the form of cash, services, or other

21 in-kind contributions.

22 ‘‘(5) PRIORITIZATION.—The State Forest Stew23 ardship Coordinating Committee for a State shall

24 prioritize watersheds in that State to target water25 shed forestry projects funded under this subsection.
32

•HR 1904 EH

1 ‘‘(6) WATERSHED FORESTER.—Financial and

2 technical assistance shall be made available to the

3 State Forester or equivalent State official to create

4 a State best-management practice forester to lead

5 statewide programs and coordinate small watershed6 level projects.

7 ‘‘(d) DISTRIBUTION.—

8 ‘‘(1) IN GENERAL.—The Secretary shall devote

9 at least 75 percent of the funds appropriated for a

10 fiscal year pursuant to the authorization of appro11 priations in subsection (e) to the cost-share program

12 under subsection (c) and the remainder to the task

13 of delivering technical assistance, education, and

14 planning on the ground through the State Forester

15 or equivalent State official.

16 ‘‘(2) SPECIAL CONSIDERATIONS.—Distribution

17 of these funds by the Secretary among the States

18 shall be made only after giving appropriate consider19 ation to—

20 ‘‘(A) the acres of nonindustrial private

21 forestland and highly erodible land in each

22 State;

23 ‘‘(B) each State’s efforts to conserve for24 ests;
33

•HR 1904 EH

1 ‘‘(C) the acres of forests in each State that

2 have been lost or degraded or where forests can

3 play a role in restoring watersheds; and

4 ‘‘(D) the number of nonindustrial private

5 forest landowners in each State.

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

7 is authorized to be appropriated to carry out this section

8 $15,000,000 for each of the fiscal years 2004 through

9 2008.’’.

10 TITLE IV—INSECT

11 INFESTATIONS

12 SEC. 401. DEFINITIONS, FINDINGS, AND PURPOSE.

13 (a) DEFINITIONS.—In this title:

14 (1) APPLIED SILVICULTURAL ASSESSMENT.—

15 The term ‘‘applied silvicultural assessment’’ means

16 any vegetative or other treatment, for the purposes

17 described in section 402, including timber harvest,

18 thinning, prescribed burning, and pruning, as single

19 treatment or any combination of these treatments.

20 (2) FEDERAL LANDS.—The term ‘‘Federal

21 lands’’ means—

22 (A) National Forest System lands; and

23 (B) public lands administered by the Sec24 retary of the Interior, acting through the Bu25 reau of Land Management.
34

•HR 1904 EH

1 (3) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means—

3 (A) the Secretary of Agriculture, acting

4 through the Forest Service, with respect to Na5 tional Forest System lands; and

6 (B) the Secretary of the Interior, acting

7 through appropriate offices of the United States

8 Geological Survey, with respect to federally

9 owned land administered by the Secretary of

10 the Interior.

11 (4) 1890 INSTITUTIONS.—The term ‘‘1890 In12 stitution’’ means a college or university eligible to

13 receive funds under the Act of August 30, 1890 (7

14 U.S.C. 321 et seq.), including Tuskegee University.

15 (b) FINDINGS.—Congress finds the following:

16 (1) High levels of tree mortality due to insect

17 infestation result in—

18 (A) increased fire risk;

19 (B) loss of old growth;

20 (C) loss of threatened and endangered spe21 cies;

22 (D) loss of species diversity;

23 (E) degraded watershed conditions;
35

•HR 1904 EH

1 (F) increased potential for damage from

2 other agents of disturbance, including exotic,

3 invasive species; and

4 (G) decreased timber values.

5 (2) Bark beetles destroy hundreds of thousands

6 of acres of trees each year. In the West, over

7 21,000,000 acres are at high risk of bark beetle in8 festation and in the South over 57,000,000 acres are

9 at risk across all land ownerships. Severe drought

10 conditions in many areas of the South and West will

11 increase risk of bark beetle infestations.

12 (3) The hemlock woolly adelgid is destroying

13 streamside forests throughout the mid-Atlantic and

14 Appalachian region, threatening water quality and

15 sensitive aquatic species, and posing a potential

16 threat to valuable commercial timber lands in North17 ern New England.

18 (4) The emerald ash borer is a nonnative,

19 invasive pest that has quickly become a major threat

20 to hardwood forests as a emerald ash borer infesta21 tion is almost always fatal to the affected trees. This

22 pest threatens to destroy over 692,000,000 ash trees

23 in forests in Michigan and Ohio alone, and between

24 five and ten percent of urban street trees in the

25 Upper Midwest.
36

•HR 1904 EH

1 (5) Epidemic populations of Southern pine bee2 tle are ravaging forests in Alabama, Arkansas, Flor3 ida, Georgia, Kentucky, Mississippi, North Carolina,

4 South Carolina, Tennessee, and Virginia. In 2001,

5 Florida and Kentucky experienced 146 percent and

6 111 percent increases, respectively, in beetle popu7 lations.

8 (6) These epidemic outbreaks of Southern pine

9 beetle have forced private landowners to harvest

10 dead and dying trees, in both rural areas and in11 creasingly urbanized settings.

12 (7) According to the Forest Service, recent out13 breaks of the red oak borer in Arkansas have been

14 unprecedented, with almost 800,000 acres infested

15 at population levels never seen before.

16 (8) Much of the damage from the red oak borer

17 has taken place in National forests, and the Federal

18 response has been inadequate to protect forest eco19 systems and other ecological and economic resources.

20 (9) Previous silvicultural assessments, while

21 useful and informative, have been limited in scale

22 and scope of application, and there has not been suf23 ficient resources available to adequately test a full

24 array of individual and combined applied silvicul25 tural assessments.
37

•HR 1904 EH

1 (10) Only through the rigorous funding, devel2 opment, and assessment of potential applied silvicul3 tural assessments over specific time frames across

4 an array of environmental and climatic conditions

5 can the most innovative and cost effective manage6 ment applications be determined that will help re7 duce the susceptibility of forest ecosystems to attack

8 by forest pests.

9 (11) Funding and implementation of an initia10 tive to combat forest pest infestations should not

11 come at the expense of supporting other programs

12 and initiatives of the Secretary concerned.

13 (c) PURPOSE.—It is the purpose of this title—

14 (1) to require the Secretary concerned to de15 velop an accelerated basic and applied assessment

16 program to combat infestations by bark beetles, in17 cluding Southern pine beetles, hemlock woolly

18 adelgids, emerald ash borers, red oak borers, and

19 white oak borers;

20 (2) to enlist the assistance of universities and

21 forestry schools, including Land Grant Colleges and

22 Universities and 1890 Institutions, to carry out the

23 program; and

24 (3) to carry out applied silvicultural assess25 ments.
38

•HR 1904 EH

1 SEC. 402. ACCELERATED INFORMATION GATHERING RE2 GARDING BARK BEETLES, INCLUDING

3 SOUTHERN PINE BEETLES, HEMLOCK WOOL4 LY ADELGIDS, EMERALD ASH BORERS, RED

5 OAK BORERS, AND WHITE OAK BORERS.

6 (a) INFORMATION GATHERING.—The Secretary con7 cerned shall establish, acting through the Forest Service

8 and United States Geological Survey, as appropriate, an

9 accelerated program—

10 (1) to plan, conduct, and promote comprehen11 sive and systematic information gathering on bark

12 beetles, including Southern pine beetles, hemlock

13 woolly adelgids, emerald ash borers, red oak borers,

14 and white oak borers, including an evaluation of—

15 (A) infestation prevention and control

16 methods;

17 (B) effects of infestations on forest eco18 systems;

19 (C) restoration of the forest ecosystem ef20 forts;

21 (D) utilization options regarding infested

22 trees; and

23 (E) models to predict the occurrence, dis24 tribution, and impact of outbreaks of bark bee25 tles, including Southern pine beetles, hemlock
39

•HR 1904 EH

1 woolly adelgids, emerald ash borers, red oak

2 borers, and white oak borers;

3 (2) to assist land managers in the development

4 of treatments and strategies to improve forest health

5 and reduce the susceptibility of forest ecosystems to

6 severe infestations of bark beetles, including South7 ern pine beetles, hemlock woolly adelgids, emerald

8 ash borers, red oak borers, and white oak borers on

9 Federal lands and State and private lands; and

10 (3) to disseminate the results of such informa11 tion gathering, treatments, and strategies.

12 (b) COOPERATION AND ASSISTANCE.—The Secretary

13 concerned shall establish and carry out the program in co14 operation with scientists from universities and forestry

15 schools, State agencies, and private and industrial land

16 owners. The Secretary concerned shall designate univer17 sities and forestry schools, including Land Grant Colleges

18 and Universities and 1890 Institutions, to assist in car19 rying out the program.

20 SEC. 403. APPLIED SILVICULTURAL ASSESSMENTS.

21 (a) ASSESSMENT EFFORTS.—For information gath22 ering purposes, the Secretary concerned may conduct ap23 plied silvicultural assessments on Federal lands that the

24 Secretary concerned determines, in the discretion of the

25 Secretary concerned, is at risk of infestation by, or is in-
40

•HR 1904 EH

1 fested with, bark beetles, including Southern pine beetles,

2 hemlock woolly adelgids, emerald ash borers, red oak bor3 ers, and white oak borers. Any applied silvicultural assess4 ments carried out under this section shall be conducted

5 on not more than 1,000 acres per assessment.

6 (b) LIMITATIONS.—

7 (1) EXCLUSION OF CERTAIN AREAS.—Sub8 section (a) does not apply to—

9 (A) a component of the National Wilder10 ness Preservation System;

11 (B) Federal lands where, by Act of Con12 gress or Presidential proclamation, the removal

13 of vegetation is restricted or prohibited; or

14 (C) congressionally designated wilderness

15 study areas.

16 (2) CERTAIN TREATMENT PROHIBITED.—Sub17 section (a) does not authorize the application of in18 secticides in municipal watersheds and associated ri19 parian areas.

20 (3) ACREAGE LIMITATION.—Applied silvicul21 tural assessments may be implemented on not more

22 than 250,000 acres using the authorities provided by

23 this title.

24 (4) PEER REVIEW.—Each applied silvicultural

25 assessment under this title, prior to being carried
41

•HR 1904 EH

1 out, shall be peer reviewed by scientific experts se2 lected by the Secretary concerned, which shall in3 clude non-Federal experts. The Secretary concerned

4 may use existing peer review processes to the extent

5 they comply with the preceding sentence.

6 (c) PUBLIC NOTICE AND COMMENT.—

7 (1) PUBLIC NOTICE.—The Secretary concerned

8 shall provide notice of each applied silvicultural as9 sessment proposed to be carried out under this sec10 tion in accordance with applicable regulations and

11 administrative guidelines.

12 (2) PUBLIC COMMENT.—During the planning

13 stage of each applied silvicultural assessment pro14 posed to be carried out under this section, the Sec15 retary concerned shall provide an opportunity for

16 public input.

17 (d) CATEGORICAL EXCLUSION.—Applied silvicultural

18 assessments carried out under this section are deemed to

19 be categorically excluded from further analysis under the

20 National Environmental Policy Act of 1969 (42 U.S.C.

21 4321 et seq.). The Secretary concerned need not make any

22 findings as to whether the project, either individually or

23 cumulatively, has a significant effect on the environment.
42

•HR 1904 EH

1 SEC. 404. RELATION TO OTHER LAWS.

2 The authorities provided to the Secretary concerned

3 by this title are supplemental to their respective authori4 ties provided in any other law.

5 SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for fiscal years

7 2004 through 2008 such sums as may be necessary to

8 carry out this title.

9 TITLE V—HEALTHY FORESTS

10 RESERVE PROGRAM

11 SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RE12 SERVE PROGRAM.

13 (a) ESTABLISHMENT.—The Secretary of Agriculture

14 shall establish the healthy forests reserve program as a

15 program within the Forest Service for the purpose of pro16 tecting, restoring, and enhancing degraded forest eco17 systems to promote the recovery of threatened and endan18 gered species as well as improve biodiversity and enhance

19 carbon sequestration.

20 (b) COOPERATION.—The Secretary of Agriculture

21 shall carry out the healthy forests reserve program in co22 operation with the Secretary of the Interior, acting

23 through the United States Fish and Wildlife Service.
43

•HR 1904 EH

1 SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN

2 PROGRAM.

3 (a) ELIGIBLE LANDS.—The Secretary of Agriculture,

4 in consultation with the Secretary of the Interior, shall

5 designate rare forest ecosystems to be eligible for the

6 healthy forests reserve program. The following lands are

7 eligible for enrollment in the healthy forests reserve pro8 gram:

9 (1) Private lands whose enrollment will protect,

10 restore, enhance, or otherwise measurably increase

11 the likelihood of recovery of an endangered species

12 or threatened species in the wild.

13 (2) Private lands whose enrollment will protect,

14 restore, enhance, or otherwise measurably increase

15 the likelihood of the recovery of an animal or plant

16 species before the species reaches threatened or en17 dangered status, such as candidate, State-listed spe18 cies, rare, peripheral, and special concern species.

19 (b) OTHER CONSIDERATIONS.—In enrolling lands

20 that satisfy the criteria in paragraph (1) or (2) of sub21 section (a), the Secretary of Agriculture shall give addi22 tional consideration to those lands whose enrollment will

23 also improve biological diversity and increase carbon se24 questration.

25 (c) ENROLLMENT BY WILLING OWNERS.—The Sec26 retary of Agriculture shall enroll lands in the healthy for-
44

•HR 1904 EH

1 ests reserve program only with the consent of the owner

2 of the lands.

3 (d) MAXIMUM ENROLLMENT.—The total number of

4 acres enrolled in the healthy forests reserve program shall

5 not exceed 1,000,000 acres.

6 (e) METHODS OF ENROLLMENT.—Lands may be en7 rolled in the healthy forests reserve program pursuant to

8 a 10-year cost-share agreement, a 30-year easement, or

9 a permanent easement with buyback option. The extent

10 to which each enrollment method is used shall be based

11 on the approximate proportion of owner interest expressed

12 in that method in comparison to the other methods.

13 (f) ENROLLMENT PRIORITY.—The Secretary of Agri14 culture shall give priority to the enrollment of lands that,

15 in the sole discretion of the Secretary, will provide the best

16 opportunity to resolve conflicts between the presence of

17 an animal or plant species referred to in paragraph (1)

18 or (2) of subsection (a) and otherwise lawful land use ac19 tivities.

20 SEC. 503. CONSERVATION PLANS.

21 (a) PLAN REQUIRED.—Lands enrolled in the healthy

22 forests reserve program shall be subject to a conservation

23 plan, to be developed jointly by the land owner and the

24 United States Fish and Wildlife Service. The conservation
45

•HR 1904 EH

1 plan shall include a description of the land-use activities

2 that are permissible on the enrolled lands.

3 (b) INVOLVEMENT BY OTHER AGENCIES AND ORGA4 NIZATIONS.—A State fish and wildlife agency, State for5 estry agency, State environmental quality agency, and

6 other State conservation agencies and nonprofit conserva7 tion organizations may assist in providing technical or fi8 nancial assistance, or both, for the development and imple9 mentation of conservation plans.

10 (c) COST EFFECTIVENESS.—The conservation plan

11 shall maximize the environmental benefits per dollar ex12 pended.

13 SEC. 504. FINANCIAL ASSISTANCE.

14 (a) PERMANENT EASEMENT WITH BUYBACK OP15 TION.—

16 (1) PAYMENT AMOUNT.—In the case of land

17 enrolled in the healthy forests reserve program using

18 a permanent easement with a buyback option, the

19 Secretary of Agriculture shall pay the owner of the

20 land an amount equal to—

21 (A) the fair market value of the enrolled

22 land less the fair market value of the land en23 cumbered by the easement; plus

24 (B) the actual costs of the approved con25 servation practices or the average cost of ap-
46

•HR 1904 EH

1 proved practices, as established by the Sec2 retary.

3 (2) BUYBACK OPTION.—Beginning on the 50th

4 anniversary of the enrollment of the land, and every

5 10th-year thereafter, the owner shall be able to pur6 chase the easement back from the United States at

7 a rate equal to the fair market value of the easement

8 plus the costs, adjusted for inflation, of the approved

9 conservation practices.

10 (b) 30-YEAR EASEMENT.—In the case of land en11 rolled in the healthy forests reserve program using a 30-

12 year easement, the Secretary of Agriculture shall pay the

13 owner of the land an amount equal to—

14 (1) 75 percent of the fair market value of the

15 land less the fair market value of the land encum16 bered by the easement; plus

17 (2) 75 percent of the actual costs of the ap18 proved conservation practices or 75 percent of the

19 average cost of approved practices, as established by

20 the Secretary.

21 (c) 10-YEAR AGREEMENT.—In the case of land en22 rolled in the healthy forests reserve program using a 10-

23 year cost-share agreement, the Secretary of Agriculture

24 shall pay the owner of the land an amount equal to—
47

•HR 1904 EH

1 (1) 75 percent of the actual costs of the ap2 proved conservation practices; or

3 (2) 75 percent of the average cost of approved

4 practices, as established by the Secretary.

5 (d) ACCEPTANCE OF CONTRIBUTIONS.—The Sec6 retary of Agriculture may accept and use contributions of

7 non-Federal funds to make payments under this section.

8 SEC. 505. TECHNICAL ASSISTANCE.

9 The Forest Service and the United States Fish and

10 Wildlife Service shall provide landowners with technical

11 assistance to comply with the terms of agreements and

12 easements under the healthy forests reserve program and

13 conservation plans.

14 SEC. 506. SAFE HARBOR.

15 In implementing the healthy forests reserve program,

16 the Secretary of the Interior shall provide safe harbor or

17 similar assurances, through section 7 or other authorities

18 under the Endangered Species Act of 1973 (16 U.S.C.

19 1531 et seq.), consistent with the implementing regula20 tions of the United States Fish and Wildlife Service, to

21 landowners who enroll land in the healthy forests reserve

22 program when such enrollment will result in a net con23 servation benefit for listed species.
48

•HR 1904 EH

1 SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated $15,000,000

3 for each of the fiscal years 2004 through 2008 to carry

4 out this title.

5 TITLE VI—MISCELLANEOUS

6 PROVISIONS

7 SEC. 601. FOREST STANDS INVENTORY AND MONITORING

8 PROGRAM TO IMPROVE DETECTION OF AND

9 RESPONSE TO ENVIRONMENTAL THREATS.

10 (a) IN GENERAL.—The Secretary of Agriculture shall

11 carry out a comprehensive program to inventory, monitor,

12 characterize, assess, and identify forest stands (with em13 phasis on hardwood forest stands) and potential forest

14 stands—

15 (1) in units of the National Forest System

16 (other than those units created from the public do17 main); and

18 (2) on private forest land, with the consent of

19 the owner of the land.

20 (b) ISSUES TO BE ADDRESSED.—In carrying out the

21 program, the Secretary shall address issues including—

22 (1) early detection, identification, and assess23 ment of environmental threats (including insect, dis24 ease, invasive species, fire, and weather-related risks

25 and other episodic events);

26 (2) loss or degradation of forests;
49

•HR 1904 EH

1 (3) degradation of the quality forest stands

2 caused by inadequate forest regeneration practices;

3 (4) quantification of carbon uptake rates; and

4 (5) management practices that focus on pre5 venting further forest degradation.

6 (c) EARLY WARNING SYSTEM.—In carrying out the

7 program, the Secretary shall develop a comprehensive

8 early warning system for potential catastrophic environ9 mental threats to forests to increase the likelihood that

10 forest managers will be able to—

11 (1) isolate and treat a threat before the threat

12 gets out of control; and

13 (2) prevent epidemics, such as the American

14 chestnut blight in the first half of the twentieth cen15 tury, that could be environmentally and economically

16 devastating to forests.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 $5,000,000 for each of the fiscal years 2004 through

20 2008.

Passed the House of Representatives May 20, 2003.

Attest:

Clerk.