H. R. 1904—3
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 Agri-
culture 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 ‘‘appro-
priate 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 agen-
cies 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 essen-
tial infrastructure; and
(C) recommends measures to reduce structural ignit-
ability 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—
H. R. 1904—4
(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 fre-
quencies 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.
H. R. 1904—5
(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 Appropria-
tions Act, 2001 (House Report No. 106–64) (and subsequent
revisions).
(12) MUNICIPAL WATER SUPPLY SYSTEM.—The term ‘‘munic-
ipal water supply system’’ means the reservoirs, canals, ditches,
flumes, laterals, pipes, pipelines, and other surface facilities
and systems constructed or installed for the collection, impound-
ment, 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 Fed-
eral land identified in—
(A) a determination that a species is an endangered
species or a threatened species under the Endangered Spe-
cies 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 11⁄2 miles of the boundary of
an at-risk community, including any land that—
H. R. 1904—6
(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 cre-
ating 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 environ-
mental 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 author-
ized 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
H. R. 1904—7
for the endangered species, threatened species, or habitat
of the endangered species or threatened species; and
(C) the Secretary complies with any applicable guide-
lines 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 poli-
cies 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 enact-
ment 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 car-
ried 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 Plan-
ning 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 direc-
tion 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 sec-
tion 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 condi-
tions characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
H. R. 1904—8
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 imple-
menting the management direction.
(B) AMENDMENTS OR REVISIONS.—Any amendment or
revision to management direction for which final adminis-
trative 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 para-
graph (2) in carrying out a covered project during the
applicable period by implementing the management direc-
tion.
(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 sci-
entific 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 sup-
porting 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.
H. R. 1904—9
(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 appro-
priate 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 manage-
ment 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 fol-
lowing the issuance of a monitoring report shall, to the max-
imum extent practicable, be consistent with any applicable
recommendations in the report.
(3) SIMILAR VEGETATION TYPES.—The results of a moni-
toring 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 condi-
tion 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 rel-
evant 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 account-
ability process in order to assess the positive or negative
ecological and social effects of authorized hazardous fuel
reduction projects and projects conducted pursuant to sec-
tion 404.
H. R. 1904—10
(B) DIVERSE
STAKEHOLDERS.—The Secretary shall
include diverse stakeholders (including interested citizens
and Indian tribes) in the process required under subpara-
graph (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 Con-
servation 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 rec-
ommendations 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 rec-
ommendations 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 Environ-
mental 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 Sec-
retary 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
H. R. 1904—11
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 inter-
face’’ 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 para-
graph, the Secretary should, to the maximum extent prac-
ticable, 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 con-
duct 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 assess-
ment 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 state-
ment 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.
H. R. 1904—12
(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 state-
ment 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 para-
graph (1), but subject to paragraph (3), if an authorized haz-
ardous fuel reduction project proposed to be conducted in the
wildland-urban interface is located no further than 11⁄2 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 sec-
tion 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 imple-
ment 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 sec-
tion 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 partici-
pation of interested persons, during the preparation of each author-
ized 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
H. R. 1904—13
and administrative guidelines, the Secretary shall provide an oppor-
tunity for public comment during the preparation of any environ-
mental 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 pro-
vide 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 para-
graph (2) that will serve as the sole means by which a person
can seek administrative review regarding an authorized haz-
ardous 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 promul-
gated 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 reason-
able time has been provided for public comment.
(c) ADMINISTRATIVE REVIEW.—
(1) IN GENERAL.—A person may bring a civil action chal-
lenging 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 para-
graph (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.
H. R. 1904—14
(B) INFORMATION.—If an agency fails or is unable to
make information timely available during the administra-
tive 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 injunc-
tion, 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 other-
wise biases, the use by the Secretary of other statutory or adminis-
trative authority (including categorical exclusions adopted to imple-
ment 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,
H. R. 1904—15
the notice, comment, and appeal procedures for projects and activi-
ties 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 Sec-
retary, including making grants to States, local governments,
Indian tribes, and other eligible recipients for activities author-
ized 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 treat-
ment 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 prod-
ucts;
‘‘(B) to conduct research focused on developing appro-
priate thinning systems and equipment designs that are—
‘‘(i) capable of being used on land without signifi-
cant adverse effects on the land;
‘‘(ii) capable of handling large and varied land-
scapes;
‘‘(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’’.
H. R. 1904—16
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 bio-
mass 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 author-
ized 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 sub-
stitutes 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 fil-
tering pollutants, buffering important rivers and estuaries, and
minimizing flooding, which makes forest restoration worthy
of special focus; and
(4) strengthened education, technical assistance, and finan-
cial 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;