IIB 
108TH CONGRESS 
1ST SESSION H. R. 1904
IN THE SENATE OF THE UNITED STATES 
MAY 21, 2003
Received; read twice and referred to the Committees on Agriculture, Nutrition, 
and Forestry 
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 for-
est and rangeland health, including catastrophic wildfire, 
across the landscape, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Healthy Forests Restoration Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. 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 haz-
ardous 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
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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.
SEC. 2. PURPOSE. 
The purpose of this Act is—
(1) to reduce the risks of damage to commu-
nities, municipal water supplies, and some at-risk 
Federal lands from catastrophic wildfires; 
(2) to authorize grant programs to improve the 
commercial value of forest biomass for electric en-
ergy, useful heat, transportation fuels, petroleum-
based product substitutes and other commercial pur-
poses; 
(3) to enhance efforts to protect watersheds and 
address threats to forest and rangeland health, in-
cluding catastrophic wildfire, across the landscape; 
(4) to promote systematic information gath-
ering to address the impact of insect infestations on 
forest and rangeland health; 
(5) to improve the capacity to detect insect and 
disease infestations at an early stage, particularly 
with respect to hardwood forests; and
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(6) to protect, restore, and enhance degraded 
forest ecosystem types in order to promote the recov-
ery of threatened and endangered species as well as 
improve biological diversity and enhance carbon se-
questration. 
TITLE I—HAZARDOUS FUELS RE-
DUCTION 
ON 
FEDERAL 
LANDS 
SEC. 101. DEFINITIONS. 
In this title:
(1) AUTHORIZED
HAZARDOUS
FUELS
REDUC-
TION
PROJECT.—The term ‘‘authorized hazardous 
fuels reduction project’’ means a hazardous fuels re-
duction project described in subsection (a) of section 
102, subject to the remainder of such section, that 
is planned and conducted using the process author-
ized by section 104. 
(2) CONDITION CLASS 2.—The term ‘‘condition 
class 2’’, with respect to an area of Federal lands, 
refers to the condition class description developed by 
the Forest Service Rocky Mountain Research Sta-
tion in the general technical report entitled ‘‘Devel-
opment of Coarse-Scale Spatial Data for Wildland 
Fire and Fuel Management’’ (RMRS–87), dated 
April 2000, under which—
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(A) fire regimes on the lands have been 
moderately altered from their historical range; 
(B) there exists a moderate risk of losing 
key ecosystem components from fire; 
(C) fire frequencies have departed (either 
increased or decreased) from historical fre-
quencies by one or more return interval, which 
results in moderate changes to fire size, fre-
quency, intensity, severity, or landscape pat-
terns; and 
(D) vegetation attributes have been mod-
erately altered from their historical range. 
(3) CONDITION CLASS 3.—The term ‘‘condition 
class 3’’, with respect to an area of Federal lands, 
refers to the condition class description developed by 
the Rocky Mountain Research Station in the general 
technical report referred to in paragraph (2), under 
which—
(A) fire regimes on the lands have been 
significantly altered from their historical range; 
(B) there exists a high risk of losing key 
ecosystem components from fire; 
(C) fire frequencies have departed from 
historical frequencies by multiple return inter-
vals, which results in dramatic changes to fire
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size, frequency, intensity, severity, or landscape 
patterns; and 
(D) vegetation attributes have been signifi-
cantly altered from their historical range. 
(4) DAY.—The term ‘‘day’’ means a calendar 
day, except that, if a deadline imposed by this title 
would expire on a nonbusiness day, the deadline will 
be extended to the end of the next business day. 
(5) DECISION DOCUMENT.—The term ‘‘decision 
document’’ means a decision notice or a record of 
decision, as those terms are used in applicable regu-
lations of the Council on Environmental Quality and 
the Forest Service Handbook. 
(6) FEDERAL
LANDS.—The term ‘‘Federal 
lands’’ means—
(A) National Forest System lands; and 
(B) public lands administered by the Sec-
retary of the Interior, acting through the Bu-
reau of Land Management. 
(7) 
HAZARDOUS
FUELS
REDUCTION 
PROJECT.—The term ‘‘hazardous fuels reduction 
project’’ refers to the measures and methods de-
scribed in the definition of ‘‘appropriate tools’’ con-
tained in the glossary of the Implementation Plan.
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(8) IMPLEMENTATION PLAN.—The term ‘‘Im-
plementation Plan’’ means the Implementation Plan 
for the 10-year Comprehensive Strategy for a Col-
laborative Approach for Reducing Wildland Fire 
Risks to Communities and the Environment, dated 
May 2002, which was developed pursuant to the con-
ference report for the Department of the Interior 
and Related Agencies Appropriations Act, 2001 
(House Report 106–646). 
(9) INTERFACE
COMMUNITY
AND
INTERMIX 
COMMUNITY.—The terms ‘‘interface community’’ 
and ‘‘intermix community’’ have the meanings given 
those terms on page 753 of volume 66 of the Fed-
eral Register, as published on January 4, 2001. 
(10) MUNICIPAL WATER SUPPLY SYSTEM.—The 
term ‘‘municipal water supply system’’ means the 
reservoirs, canals, ditches, flumes, laterals, pipes, 
pipelines, or other surface facilities and systems con-
structed or installed for the impoundment, storage, 
transportation, or distribution of drinking water for 
a community. 
(11) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means the Secretary of Agri-
culture with respect to National Forest System lands 
and the Secretary of the Interior with respect to
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public lands administered by the Bureau of Land 
Management. Any reference in this title to the ‘‘Sec-
retary concerned’’, the ‘‘Secretary of Agriculture’’, 
or the ‘‘Secretary of the Interior’’ includes the des-
ignee of the Secretary concerned. 
(12) THREATENED AND ENDANGERED SPECIES 
HABITAT.—The term ‘‘threatened and endangered 
species habitat’’ means Federal lands identified in 
the listing decision or critical habitat designation as 
habitat for a threatened species or an endangered 
species under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
SEC. 102. AUTHORIZED HAZARDOUS FUELS REDUCTION 
PROJECTS. 
(a) AUTHORIZED PROJECTS.—Subject to the remain-
der of this section, the Secretary concerned may utilize 
the process authorized by section 104 to plan and conduct 
hazardous fuels reduction projects on any of the following 
Federal lands: 
(1) Federal lands located in an interface com-
munity or intermix community. 
(2) Federal lands located in such proximity to 
an interface community or intermix community that 
there is a significant risk that the spread of a fire 
disturbance event from those lands would threaten
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human life and property in the interface community 
or intermix community. 
(3) Condition class 3 or condition class 2 Fed-
eral lands located in such proximity to a municipal 
water supply system, or to a perennial stream feed-
ing a municipal water supply system, that a signifi-
cant risk exists that a fire disturbance event would 
have substantial adverse effects on the water quality 
of the municipal water supply, including the risk to 
water quality posed by erosion following such a fire 
disturbance event. 
(4) Condition class 3 or condition class 2 Fed-
eral lands identified by the Secretary concerned as 
an area where windthrow or blowdown, or the exist-
ence or threat of disease or insect infestation, pose 
a significant threat to forest or rangeland health or 
adjacent private lands. 
(5) Federal lands not covered by paragraph (1), 
(2), (3), or (4) that contain threatened and endan-
gered species habitat, but only if—
(A) natural fire regimes on such lands are 
identified as being important for, or wildfire is 
identified as a threat to, an endangered species, 
a threatened species, or its habitat in a species 
recovery plan prepared under section 4 of the
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Endangered Species Act of 1973 (16 U.S.C. 
1533) or in a decision document under such 
section determining a species to be an endan-
gered species or a threatened species or desig-
nating critical habitat; 
(B) the project will provide enhanced pro-
tection from catastrophic wildfire for the spe-
cies or its habitat; and 
(C) the Secretary complies with any appli-
cable guidelines specified in the species recovery 
plan prepared under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
(b) RELATION TO AGENCY PLANS.—An authorized 
hazardous fuels reduction project shall be planned and 
conducted in a manner consistent with the land and re-
source management plan or land use plan applicable to 
the Federal lands covered by the project. 
(c) ACREAGE LIMITATION.—Not more than a total 
of 20,000,000 acres of Federal lands may be included in 
authorized hazardous fuels reduction projects. 
(d) EXCLUSION OF CERTAIN FEDERAL LANDS.—The 
Secretary concerned may not plan or conduct an author-
ized hazardous fuels reduction project that would occur 
on any of the following Federal lands:
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(1) A component of the National Wilderness 
Preservation System. 
(2) Federal lands where, by Act of Congress or 
Presidential proclamation, the removal of vegetation 
is prohibited or restricted. 
(3) Wilderness Study Areas. 
SEC. 103. PRIORITIZATION FOR COMMUNITIES AND WATER-
SHEDS. 
As provided for in the Implementation Plan, the Sec-
retary concerned shall give priority to authorized haz-
ardous fuel reduction projects that provide for the protec-
tion of communities and watersheds. 
SEC. 104. ENVIRONMENTAL ANALYSIS. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, the Secretary concerned shall plan and conduct 
authorized hazardous fuels reduction projects in accord-
ance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4331 et seq.) and any other applicable laws. 
The Secretary concerned shall prepare an environmental 
assessment or an environmental impact statement for each 
authorized hazardous fuels reduction project. 
(b) DISCRETIONARY AUTHORITY TO ELIMINATE AL-
TERNATIVES.—In the case of an authorized hazardous 
fuels reduction project, the Secretary concerned is not re-
quired to study, develop, or describe any alternative to the
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proposed agency action in the environmental assessment 
or environmental impact statement prepared for the pro-
posed agency action pursuant to section 102(2) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)). 
(c) PUBLIC NOTICE AND MEETING.—
(1) PUBLIC NOTICE.—The Secretary concerned 
shall provide notice of each authorized hazardous 
fuels reduction project in accordance with applicable 
regulations and administrative guidelines. 
(2) PUBLIC
MEETING.—During the planning 
stage of each authorized hazardous fuels reduction 
project, the Secretary concerned shall conduct a 
public meeting at an appropriate location proximate 
to the administrative unit of the Federal lands in 
which the authorized hazardous fuels reduction 
project will be conducted. The Secretary concerned 
shall provide advance notice of the date and time of 
the meeting. 
(d) PUBLIC COLLABORATION.—In order to encourage 
meaningful public participation in the identification and 
development of authorized hazardous fuels reduction 
projects, the Secretary concerned shall facilitate collabora-
tion among governments and interested persons during
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the formulation of each authorized fuels reduction project 
in a manner consistent with the Implementation Plan. 
(e) ENVIRONMENTAL ANALYSIS AND PUBLIC COM-
MENT.—In accordance with section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 
and the applicable regulations and administrative guide-
lines in effect on the date of the enactment of this Act, 
the Secretary concerned shall provide an opportunity for 
public input during the preparation of any environmental 
assessment or environmental impact statement for pro-
posed agency action for an authorized hazardous fuels re-
duction project. 
(f) DECISION DOCUMENT.—The Secretary concerned 
shall sign a decision document for each authorized haz-
ardous fuels reduction project and provide notice of the 
decision document. 
(g) PROJECT MONITORING.—As provided for in the 
Implementation Plan, the Secretary concerned shall mon-
itor the implementation of authorized hazardous fuels re-
duction projects. 
SEC. 105. SPECIAL FOREST SERVICE ADMINISTRATIVE RE-
VIEW PROCESS. 
(a) DEVELOPMENT OF ADMINISTRATIVE PROCESS.—
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Agriculture shall issue final
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regulations to establish an administrative process that will 
serve as the sole means by which a person described in 
subsection (b) can seek administrative redress regarding 
an authorized hazardous fuels reduction project. 
(b) ELIGIBLE PERSONS.—To be eligible to partici-
pate in the administrative process developed pursuant to 
subsection (a) regarding an authorized hazardous fuels re-
duction project, a person must have submitted specific and 
substantive written comments during the preparation 
stage of that authorized hazardous fuels reduction project. 
The Secretary of Agriculture shall ensure that, during the 
preparation stage of each authorized hazardous fuels re-
duction project, notice and comment is provided in a man-
ner sufficient to permit interested persons a reasonable 
opportunity to satisfy the requirements of this subsection. 
(c) RELATION TO APPEALS REFORM ACT.—Section 
322 of the Department of the Interior and Related Agen-
cies Appropriations Act, 1993 (Public Law 102–381; 16 
U.S.C. 1612 note), does not apply to an authorized haz-
ardous fuels reduction project. 
SEC. 106. SPECIAL REQUIREMENTS REGARDING JUDICIAL 
REVIEW OF AUTHORIZED HAZARDOUS FUELS 
REDUCTION PROJECTS. 
(a) FILING DEADLINE.—
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(1) TIME LIMIT ESTABLISHED FOR FILING.—
Notwithstanding any other provision of law, to be 
timely, an action in a court of the United States 
challenging an authorized hazardous fuels reduction 
project shall be filed in the court before the end of 
the 15-day period beginning on the date on which 
the Secretary concerned publishes, in the local paper 
of record, notice of the final agency action regarding 
the authorized hazardous fuels reduction project. 
This time limitation supersedes any notice of intent 
to file suit requirement or filing deadline otherwise 
applicable to a challenge under any provision of law. 
(2) WAIVER PROHIBITED.—The Secretary con-
cerned may not agree to, and a district court may 
not grant, a waiver of the requirements of this sub-
section. 
(b) DURATION OF PRELIMINARY INJUNCTION.—
(1) DURATION; EXTENSION.—Any preliminary 
injunction granted regarding an authorized haz-
ardous fuels reduction project shall be limited to 45 
days. A court may renew the preliminary injunction, 
taking into consideration the goal expressed in sub-
section (c) for the expeditious resolution of cases re-
garding 
authorized 
hazardous 
fuels 
reduction 
projects.
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(2) SUBMISSION OF INFORMATION.—As part of 
a request to renew a preliminary injunction granted 
regarding an authorized hazardous fuels reduction 
project, the parties shall present the court with an 
update on any changes that may have occurred dur-
ing the period of the injunction to the forest or 
rangeland conditions that the authorized hazardous 
fuels reduction project is intended to address. 
(3) CONGRESSIONAL
NOTIFICATION.—In the 
event of the renewal of a preliminary injunction re-
garding an authorized hazardous fuels reduction 
project, the Secretary concerned shall submit notice 
of the renewal to the Committee on Resources and 
the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate. 
(c) EXPEDITIOUS COMPLETION
OF JUDICIAL RE-
VIEW.—Congress intends and encourages any court in 
which is filed a lawsuit or appeal of a lawsuit concerning 
an authorized hazardous fuels reduction project to expe-
dite, to the maximum extent practicable, the proceedings 
in such lawsuit or appeal with the goal of rendering a final 
determination on jurisdiction, and if jurisdiction exists, a
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final determination on the merits, within 100 days from 
the date the complaint or appeal is filed. 
SEC. 107. INJUNCTIVE RELIEF FOR AGENCY ACTION TO RE-
STORE FIRE-ADAPTED FOREST OR RANGE-
LAND ECOSYSTEMS.
(a) COVERED PROJECTS.—This section applies with 
respect to a motion for an injunction in an action brought 
against the Secretary concerned under section 703 of title 
5, United States Code, that involves an agency action on 
Federal lands, including an authorized hazardous fuels re-
duction project, that is necessary to restore a fire-adapted 
forest or rangeland system. 
(b) INJUNCTIVE RELIEF.—When considering a mo-
tion described in subsection (a), in determining whether 
there would be harm to the defendant from the injunction 
and whether the injunction would be in the public interest, 
the court reviewing the agency action shall—
(1) balance the impact to the ecosystem of the 
short-term and long-term effects of undertaking the 
agency action against the short-term and long-term 
effects of not undertaking the agency action; and 
(2) give weight to a finding by the Secretary 
concerned in the administrative record of the agency 
action concerning the short-term and long-term ef-
fects of undertaking the agency action and of not
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undertaking the agency action, unless the court 
finds that the finding was arbitrary and capricious. 
SEC. 108. RULES OF CONSTRUCTION. 
(a) RELATION TO OTHER AUTHORITY.—Nothing in 
this title shall be construed to affect, or otherwise bias, 
the use by the Secretary concerned of other statutory or 
administrative authorities to plan or conduct a hazardous 
fuels reduction project on Federal lands, including Federal 
lands identified in section 102(e), that is not planned or 
conducted using the process authorized by section 104. 
(b) RELATION TO LEGAL ACTION.—Nothing in this 
title shall be construed to prejudice or otherwise affect the 
consideration or disposition of any legal action concerning 
the Roadless Area Conservation Rule, part 294 of title 36, 
Code of Federal Regulations, as amended in the final rule 
and record of decision published in the Federal Register 
on January 12, 2001 (66 Fed. Reg. 3244). 
TITLE II—BIOMASS 
SEC. 201. FINDINGS. 
Congress finds the following: 
(1) Thousands of communities in the United 
States, many located near Federal lands, are at risk 
to wildfire. Approximately 190,000,000 acres of land 
managed by the Secretary of Agriculture and the 
Secretary of the Interior are at risk of catastrophic
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fire in the near future. The accumulation of heavy 
forest and rangeland fuel loads continues to increase 
as a result of disease, insect infestations, and 
drought, further raising the risk of fire each year. 
(2) In addition, more than 70,000,000 acres 
across all land ownerships are at risk to higher than 
normal mortality over the next 15 years from insect 
infestation and disease. High levels of tree mortality 
from insects and disease result in increased fire risk, 
loss of old growth, degraded watershed conditions, 
and changes in species diversity and productivity, as 
well as diminished fish and wildlife habitat and de-
creased timber values.
(3) Preventive treatments such as removing fuel 
loading, ladder fuels, and hazard trees, planting 
proper species mix and restoring and protecting 
early successional habitat, and other specific restora-
tion treatments designed to reduce the susceptibility 
of forest and rangeland to insect outbreaks, disease, 
and catastrophic fire present the greatest oppor-
tunity for long-term forest and rangeland health by 
creating a mosaic of species-mix and age distribu-
tion. Such prevention treatments are widely acknowl-
edged to be more successful and cost effective than
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suppression treatments in the case of insects, dis-
ease, and fire. 
(4) The by-products of preventive treatment 
(wood, brush, thinnings, chips, slash, and other haz-
ardous fuels) removed from forest and rangelands 
represent an abundant supply of biomass for bio-
mass-to-energy facilities and raw material for busi-
ness. There are currently few markets for the ex-
traordinary volumes of by-products being generated 
as a result of the necessary large-scale preventive 
treatment activities. 
(5) The United States should—
(A) promote economic and entrepreneurial 
opportunities in using by-products removed 
through preventive treatment activities related 
to hazardous fuels reduction, disease, and insect 
infestation; and 
(B) develop and expand markets for tradi-
tionally underused wood and biomass as an out-
let for by-products of preventive treatment ac-
tivities. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) BIOMASS.—The term ‘‘biomass’’ means 
trees and woody plants, including limbs, tops, nee-
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dles, and other woody parts, and by-products of pre-
ventive treatment, such as wood, brush, thinnings, 
chips, and slash, that are removed—
(A) to reduce hazardous fuels; or 
(B) to reduce the risk of or to contain dis-
ease or insect infestation. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(3) PERSON.—The term ‘‘person’’ includes—
(A) an individual; 
(B) a community (as determined by the 
Secretary concerned); 
(C) an Indian tribe; 
(D) a small business, micro-business, or a 
corporation that is incorporated in the United 
States; and 
(E) a nonprofit organization. 
(4) PREFERRED COMMUNITY.—The term ‘‘pre-
ferred community’’ means—
(A) any town, township, municipality, or 
other similar unit of local government (as deter-
mined by the Secretary concerned) that—
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(i) has a population of not more than 
50,000 individuals; and 
(ii) the Secretary concerned, in the 
sole discretion of the Secretary concerned, 
determines contains or is located near 
land, the condition of which is at signifi-
cant risk of catastrophic wildfire, disease, 
or insect infestation or which suffers from 
disease or insect infestation; or 
(B) any county that—
(i) is not contained within a metro-
politan statistical area; and 
(ii) the Secretary concerned, in the 
sole discretion of the Secretary concerned, 
determines contains or is located near 
land, the condition of which is at signifi-
cant risk of catastrophic wildfire, disease, 
or insect infestation or which suffers from 
disease or insect infestation. 
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture with re-
spect to National Forest System lands; and
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(B) the Secretary of the Interior with re-
spect to Federal lands under the jurisdiction of 
the Secretary of the Interior and Indian lands. 
SEC. 203. GRANTS TO IMPROVE THE COMMERCIAL VALUE 
OF FOREST BIOMASS FOR ELECTRIC ENERGY, 
USEFUL 
HEAT, 
TRANSPORTATION 
FUELS, 
AND 
PETROLEUM-BASED 
PRODUCT 
SUB-
STITUTES. 
(a) BIOMASS COMMERCIAL USE GRANT PROGRAM.—
(1) IN
GENERAL.—The Secretary concerned 
may make grants to any person that owns or oper-
ates a facility that uses biomass as a raw material 
to produce electric energy, sensible heat, transpor-
tation fuels, or substitutes for petroleum-based prod-
ucts to offset the costs incurred to purchase biomass 
for use by such facility. 
(2) GRANT AMOUNTS.—A grant under this sub-
section may not exceed $20 per green ton of biomass 
delivered. 
(3) MONITORING OF GRANT RECIPIENT ACTIVI-
TIES.—As a condition of a grant under this sub-
section, the grant recipient shall keep such records 
as the Secretary concerned may require to fully and 
correctly disclose the use of the grant funds and all 
transactions involved in the purchase of biomass.
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Upon notice by a representative of the Secretary 
concerned, the grant recipient shall afford the rep-
resentative reasonable access to the facility that pur-
chases or uses biomass and an opportunity to exam-
ine the inventory and records of the facility. 
(b) VALUE ADDED GRANT PROGRAM.—
(1) IN
GENERAL.—The Secretary concerned 
may make grants to persons to offset the cost of 
projects to add value to biomass. In making such 
grants, the Secretary concerned shall give preference 
to persons in preferred communities. 
(2) SELECTION.—The Secretary concerned shall 
select a grant recipient under paragraph (1) after 
giving consideration to the anticipated public bene-
fits of the project, opportunities for the creation or 
expansion of small businesses and micro-businesses, 
and the potential for new job creation. 
(3) GRANT AMOUNT.—A grant under this sub-
section may not exceed $100,000. 
(c) RELATION
TO OTHER ENDANGERED SPECIES 
AND RIPARIAN PROTECTIONS.—The Secretary concerned 
shall comply with applicable endangered species and ripar-
ian protections in making grants under this section. 
Projects funded using grant proceeds shall be required to 
comply with such protections.
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $25,000,000 for each of the 
fiscal years 2004 through 2008 to carry out this section. 
SEC. 204. REPORTING REQUIREMENT. 
(a) REPORT REQUIRED.—Not later than October 1, 
2010, the Secretary of Agriculture, in consultation with 
the Secretary of the Interior, shall submit to the Com-
mittee on Resources and the Committee on Agriculture of 
the House of Representatives and the Committee on En-
ergy and Natural Resources and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate a report 
describing the results of the grant programs authorized 
by section 203. 
(b) CONTENTS OF REPORT.—The report shall include 
the following: 
(1) An identification of the size, type, and the 
use of biomass by persons that receive grants under 
section 203. 
(2) The distance between the land from which 
the biomass was removed and the facility that used 
the biomass. 
(3) The economic impacts, particularly new job 
creation, resulting from the grants to and operation 
of the eligible operations.
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TITLE III—WATERSHED 
FORESTRY ASSISTANCE 
SEC. 301. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(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 lands is essential to sustaining 
and restoring the health of watersheds. 
(3) Forests can provide essential ecological 
services in filtering pollutants, buffering important 
rivers and estuaries, and minimizing flooding, which 
makes its restoration worthy of special focus. 
(4) Strengthened education, technical assist-
ance, and financial assistance to nonindustrial pri-
vate forest landowners and communities, relating to 
the protection of watershed health, is needed to real-
ize the expectations of the general public. 
(b) PURPOSE.—The purpose of this title is to—
(1) improve landowner and public under-
standing of the connection between forest manage-
ment and watershed health;
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(2) encourage landowners to maintain tree 
cover on their property and to utilize tree plantings 
and vegetative treatments as creative solutions to 
watershed problems associated with varying land 
uses; 
(3) enhance and complement forest manage-
ment and buffer utilization for watersheds, with an 
emphasis on urban watersheds; 
(4) establish new partnerships and collaborative 
watershed approaches to forest management, stew-
ardship, and conservation; 
(5) provide technical and financial assistance to 
States to deliver a coordinated program that en-
hances State forestry best-management practices 
programs, as well as conserves and improves for-
ested lands and potentially forested lands through 
technical, financial, and educational assistance to 
qualifying individuals and entities; and 
(6) maximize the proper management and con-
servation of wetland forests and to assist in their 
restoration as necessary.
HR 1904 RFS 
SEC. 302. ESTABLISHMENT OF WATERSHED FORESTRY AS-
SISTANCE PROGRAM. 
The Cooperative Forestry Assistance Act of 1978 is 
amended by inserting after section 5 the following new 
section: 
‘‘SEC. 6. WATERSHED FORESTRY ASSISTANCE. 
‘‘(a) GENERAL AUTHORITY
AND PURPOSE.—The 
Secretary, acting through the Forest Service, may provide 
technical, financial, and related assistance to State for-
esters and equivalent State officials for the purpose of ex-
panding State forest stewardship capacities and activities 
through State forestry best-management practices and 
other means at the State level to address watershed issues 
on non-Federal forested lands and potentially forested 
lands. 
‘‘(b) TECHNICAL ASSISTANCE TO PROTECT WATER 
QUALITY.—
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with State foresters or equivalent State officials, 
shall engage interested members of the public, in-
cluding nonprofit organizations and local watershed 
councils, to develop a program of technical assist-
ance to protect water quality, as described in para-
graph (2). 
‘‘(2) PURPOSE
OF
PROGRAM.—The program 
under this subsection shall be designed—
HR 1904 RFS 
‘‘(A) to build and strengthen watershed 
partnerships that focus on forested landscapes 
at the local, State, and regional levels; 
‘‘(B) to provide State forestry best-man-
agement practices and water quality technical 
assistance directly to nonindustrial private for-
est landowners; 
‘‘(C) to provide technical guidance to land 
managers and policy makers for water quality 
protection through forest management; 
‘‘(D) to complement State and local efforts 
to protect water quality and provide enhanced 
opportunities for consultation and cooperation 
among Federal and State agencies charged with 
responsibility for water and watershed manage-
ment; and 
‘‘(E) to provide enhanced forest resource 
data and support for improved implementation 
and monitoring of State forestry best-manage-
ment practices. 
‘‘(3) IMPLEMENTATION.—The program of tech-
nical assistance shall be implemented by State for-
esters or equivalent State officials. 
‘‘(c) WATERSHED
FORESTRY
COST-SHARE
PRO-
GRAM.—
HR 1904 RFS 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a watershed forestry cost-share program to be 
administered by the Forest Service and implemented 
by State foresters or equivalent State officials. 
Funds or other support provided under such pro-
gram shall be made available for State forestry best-
management practices programs and watershed for-
estry projects. 
‘‘(2) WATERSHED FORESTRY PROJECTS.—The 
State forester or equivalent State official of a State, 
in coordination with the State Forest Stewardship 
Coordinating Committee established under section 
19(b) for that State, shall annually make awards to 
communities, nonprofit groups, and nonindustrial 
private forest landowners under the program for wa-
tershed forestry projects described in paragraph (3). 
‘‘(3) PROJECT ELEMENTS AND OBJECTIVES.—A 
watershed forestry project shall accomplish critical 
forest stewardship, watershed protection, and res-
toration needs within a State by demonstrating the 
value of trees and forests to watershed health and 
condition through—
‘‘(A) the use of trees as solutions to water 
quality problems in urban and rural areas;