H. R. 1904—25
(2) ADMINISTRATION.—Applied silvicultural assessments
and research treatments categorically excluded under para-
graph (1)—
(A) shall not be carried out in an area that is adjacent
to another area that is categorically excluded under para-
graph (1) that is being treated with similar methods; and
(B) shall be subject to the extraordinary circumstances
procedures established by the Secretary pursuant to section
1508.4 of title 40, Code of Federal Regulations.
(3) MAXIMUM CATEGORICAL EXCLUSION.—The total number
of acres categorically excluded under paragraph (1) shall not
exceed 250,000 acres.
(4) NO
ADDITIONAL
FINDINGS
REQUIRED.—In accordance
with paragraph (1), the Secretary shall not be required to
make any findings as to whether an applied silvicultural assess-
ment project, either individually or cumulatively, has a signifi-
cant effect on the environment.
SEC. 405. RELATION TO OTHER LAWS.
The authority provided to each Secretary under this title is
supplemental to, and not in lieu of, any authority provided to
the Secretaries under any other law.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title for each of fiscal years 2004 through
2008.
TITLE V—HEALTHY FORESTS RESERVE
PROGRAM
SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Agriculture shall estab-
lish the healthy forests reserve program for the purpose of restoring
and enhancing forest ecosystems—
(1) to promote the recovery of threatened and endangered
species;
(2) to improve biodiversity; and
(3) to enhance carbon sequestration.
(b) COORDINATION.—The Secretary of Agriculture shall carry
out the healthy forests reserve program in coordination with the
Secretary of the Interior and the Secretary of Commerce.
SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM.
(a) IN GENERAL.—The Secretary of Agriculture, in coordination
with the Secretary of the Interior and the Secretary of Commerce,
shall describe and define forest ecosystems that are eligible for
enrollment in the healthy forests reserve program.
(b) ELIGIBILITY.—To be eligible for enrollment in the healthy
forests reserve program, land shall be—
(1) private land the enrollment of which will restore,
enhance, or otherwise measurably increase the likelihood of
recovery of a species listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); and
H. R. 1904—26
(2) private land the enrollment of which will restore,
enhance, or otherwise measurably improve the well-being of
species that—
(A) are not listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); but
(B) are candidates for such listing, State-listed species,
or special concern species.
(c) OTHER CONSIDERATIONS.—In enrolling land that satisfies
the criteria under subsection (b), the Secretary of Agriculture shall
give additional consideration to land the enrollment of which will—
(1) improve biological diversity; and
(2) increase carbon sequestration.
(d) ENROLLMENT BY WILLING OWNERS.—The Secretary of Agri-
culture shall enroll land in the healthy forests reserve program
only with the consent of the owner of the land.
(e) MAXIMUM ENROLLMENT.—The total number of acres enrolled
in the healthy forests reserve program shall not exceed 2,000,000
acres.
(f) METHODS OF ENROLLMENT.—
(1) IN GENERAL.—Land may be enrolled in the healthy
forests reserve program in accordance with—
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C) an easement of not more than 99 years.
(2) PROPORTION.—The extent to which each enrollment
method is used shall be based on the approximate proportion
of owner interest expressed in that method in comparison to
the other methods.
(g) ENROLLMENT PRIORITY.—
(1) SPECIES.—The Secretary of Agriculture shall give pri-
ority to the enrollment of land that provides the greatest con-
servation benefit to—
(A) primarily, species listed as endangered or threat-
ened under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533); and
(B) secondarily, species that—
(i) are not listed as endangered or threatened
under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533); but
(ii) are candidates for such listing, State-listed spe-
cies, or special concern species.
(2) COST-EFFECTIVENESS.—The Secretary of Agriculture
shall also consider the cost-effectiveness of each agreement
or easement, and associated restoration plans, so as to maxi-
mize the environmental benefits per dollar expended.
SEC. 503. RESTORATION PLANS.
(a) IN GENERAL.—Land enrolled in the healthy forests reserve
program shall be subject to a restoration plan, to be developed
jointly by the landowner and the Secretary of Agriculture, in
coordination with the Secretary of Interior.
(b) PRACTICES.—The restoration plan shall require such restora-
tion practices as are necessary to restore and enhance habitat
for—
H. R. 1904—27
(1) species listed as endangered or threatened under section
4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);
and
(2) animal or plant species before the species reach threat-
ened or endangered status, such as candidate, State-listed spe-
cies, and special concern species.
SEC. 504. FINANCIAL ASSISTANCE.
(a) EASEMENTS OF NOT MORE THAN 99 YEARS.—In the case
of land enrolled in the healthy forests reserve program using an
easement of not more than 99 years described in section 502(f)(1)(C),
the Secretary of Agriculture shall pay the owner of the land an
amount equal to not less than 75 percent, nor more than 100
percent, of (as determined by the Secretary)—
(1) the fair market value of the enrolled land during the
period the land is subject to the easement, less the fair market
value of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices
or the average cost of approved practices carried out on the
land during the period in which the land is subject to the
easement.
(b) THIRTY-YEAR EASEMENT.—In the case of land enrolled in
the healthy forests reserve program using a 30-year easement,
the Secretary of Agriculture shall pay the owner of the land an
amount equal to not more than (as determined by the Secretary)—
(1) 75 percent of the fair market value of the land, less
the fair market value of the land encumbered by the easement;
and
(2) 75 percent of the actual costs of the approved conserva-
tion practices or 75 percent of the average cost of approved
practices.
(c) TEN-YEAR AGREEMENT.—In the case of land enrolled in
the healthy forests reserve program using a 10-year cost-share
agreement, the Secretary of Agriculture shall pay the owner of
the land an amount equal to not more than (as determined by
the Secretary)—
(1) fifty percent of the actual costs of the approved conserva-
tion practices; or
(2) fifty percent of the average cost of approved practices.
(d) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Agri-
culture may accept and use contributions of non-Federal funds
to make payments under this section.
SEC. 505. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—The Secretary of Agriculture shall provide
landowners with technical assistance to assist the owners in com-
plying with the terms of plans (as included in agreements or ease-
ments) under the healthy forests reserve program.
(b) TECHNICAL SERVICE PROVIDERS.—The Secretary of Agri-
culture may request the services of, and enter into cooperative
agreements with, individuals or entities certified as technical service
providers under section 1242 of the Food Security Act of 1985
(16 U.S.C. 3842), to assist the Secretary in providing technical
assistance necessary to develop and implement the healthy forests
reserve program.
H. R. 1904—28
SEC. 506. PROTECTIONS AND MEASURES.
(a) PROTECTIONS.—In the case of a landowner that enrolls
land in the program and whose conservation activities result in
a net conservation benefit for listed, candidate, or other species,
the Secretary of Agriculture shall make available to the landowner
safe harbor or similar assurances and protection under—
(1) section 7(b)(4) of the Endangered Species Act of 1973
(16 U.S.C. 1536(b)(4)); or
(2) section 10(a)(1) of that Act (16 U.S.C. 1539(a)(1)).
(b) MEASURES.—If protection under subsection (a) requires the
taking of measures that are in addition to the measures covered
by the applicable restoration plan agreed to under section 503,
the cost of the additional measures, as well as the cost of any
permit, shall be considered part of the restoration plan for purposes
of financial assistance under section 504.
SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.
In carrying out this title, the Secretary of Agriculture may
consult with—
(1) nonindustrial private forest landowners;
(2) other Federal agencies;
(3) State fish and wildlife agencies;
(4) State forestry agencies;
(5) State environmental quality agencies;
(6) other State conservation agencies; and
(7) nonprofit conservation organizations.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title—
(1) $25,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each of fiscal years
2005 through 2008.
TITLE VI—MISCELLANEOUS
SEC. 601. FOREST STANDS INVENTORY AND MONITORING PROGRAM
TO 
IMPROVE 
DETECTION 
OF 
AND 
RESPONSE 
TO
ENVIRONMENTAL THREATS.
(a) IN GENERAL.—The Secretary of Agriculture shall carry out
a comprehensive program to inventory, monitor, characterize,
assess, and identify forest stands (with emphasis on hardwood
forest stands) and potential forest stands—
(1) in units of the National Forest System (other than
those units created from the public domain); and
(2) on private forest land, with the consent of the owner
of the land.
(b) ISSUES TO BE ADDRESSED.—In carrying out the program,
the Secretary shall address issues including—
(1) early detection, identification, and assessment of
environmental threats (including insect, disease, invasive spe-
cies, fire, and weather-related risks and other episodic events);
(2) loss or degradation of forests;
(3) degradation of the quality forest stands caused by inad-
equate forest regeneration practices;
(4) quantification of carbon uptake rates; and
(5) management practices that focus on preventing further
forest degradation.
H. R. 1904—29
(c) EARLY WARNING SYSTEM.—In carrying out the program,
the Secretary shall develop a comprehensive early warning system
for potential catastrophic environmental threats to forests to
increase the likelihood that forest managers will be able to—
(1) isolate and treat a threat before the threat gets out
of control; and
(2) prevent epidemics, such as the American chestnut blight
in the first half of the twentieth century, that could be environ-
mentally and economically devastating to forests.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2004 through 2008.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.