HR 1904 RS1S 
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 
suppression treatments in the case of insects, dis-
ease, and fire.
HR 1904 RS1S 
(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-
dles, and other woody parts, and by-products of pre-
HR 1904 RS1S 
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—
(i) has a population of not more than 
50,000 individuals; and
HR 1904 RS1S 
(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 
(B) the Secretary of the Interior with re-
spect to Federal lands under the jurisdiction of 
the Secretary of the Interior and Indian lands.
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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. 
Upon notice by a representative of the Secretary 
concerned, the grant recipient shall afford the rep-
resentative reasonable access to the facility that pur-
HR 1904 RS1S 
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. 
(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.
HR 1904 RS1S 
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. 
TITLE III—WATERSHED 
FORESTRY ASSISTANCE 
SEC. 301. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following:
HR 1904 RS1S 
(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; 
(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;
HR 1904 RS1S 
(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. 
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-
HR 1904 RS1S 
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—
‘‘(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;
HR 1904 RS1S 
‘‘(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.—
‘‘(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-
HR 1904 RS1S 
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; 
‘‘(B) community-based planning, involve-
ment, and action through State, local and non-
profit partnerships; 
‘‘(C) application of and dissemination of 
monitoring information on forestry best-man-
agement practices relating to watershed for-
estry;
HR 1904 RS1S 
‘‘(1) IN GENERAL.—The Secretary shall devote 
at least 75 percent of the funds appropriated for a 
fiscal year pursuant to the authorization of appro-
priations in subsection (e) to the cost-share program 
under subsection (c) and the remainder to the task 
of delivering technical assistance, education, and 
planning on the ground through the State Forester 
or equivalent State official. 
‘‘(2) SPECIAL
CONSIDERATIONS.—Distribution 
of these funds by the Secretary among the States 
shall be made only after giving appropriate consider-
ation to—
‘‘(A) the acres of nonindustrial private 
forestland and highly erodible land in each 
State; 
‘‘(B) each State’s efforts to conserve for-
ests; 
‘‘(C) the acres of forests in each State that 
have been lost or degraded or where forests can 
play a role in restoring watersheds; and 
‘‘(D) the number of nonindustrial private 
forest landowners in each State. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section
HR 1904 RS1S 
$15,000,000 for each of the fiscal years 2004 through 
2008.’’. 
TITLE IV—INSECT 
INFESTATIONS 
SEC. 401. DEFINITIONS, FINDINGS, AND PURPOSE. 
(a) DEFINITIONS.—In this title: 
(1) APPLIED
SILVICULTURAL
ASSESSMENT.—
The term ‘‘applied silvicultural assessment’’ means 
any vegetative or other treatment, for the purposes 
described in section 402, including timber harvest, 
thinning, prescribed burning, and pruning, as single 
treatment or any combination of these treatments. 
(2)
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. 
(3) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of Agriculture, acting 
through the Forest Service, with respect to Na-
tional Forest System lands; and 
(B) the Secretary of the Interior, acting 
through appropriate offices of the United States
HR 1904 RS1S 
Geological Survey, with respect to federally 
owned land administered by the Secretary of 
the Interior. 
(4) 1890 INSTITUTIONS.—The term ‘‘1890 In-
stitution’’ means a college or university eligible to 
receive funds under the Act of August 30, 1890 (7 
U.S.C. 321 et seq.), including Tuskegee University. 
(b) FINDINGS.—Congress finds the following: 
(1) High levels of tree mortality due to insect 
infestation result in—
(A) increased fire risk; 
(B) loss of old growth; 
(C) loss of threatened and endangered spe-
cies; 
(D) loss of species diversity; 
(E) degraded watershed conditions;
(F) increased potential for damage from 
other agents of disturbance, including exotic, 
invasive species; and 
(G) decreased timber values. 
(2) Bark beetles destroy hundreds of thousands 
of acres of trees each year. In the West, over 
21,000,000 acres are at high risk of bark beetle in-
festation and in the South over 57,000,000 acres are 
at risk across all land ownerships. Severe drought
HR 1904 RS1S 
conditions in many areas of the South and West will 
increase risk of bark beetle infestations. 
(3) The hemlock woolly adelgid is destroying 
streamside forests throughout the mid-Atlantic and 
Appalachian region, threatening water quality and 
sensitive aquatic species, and posing a potential 
threat to valuable commercial timber lands in North-
ern New England. 
(4) The emerald ash borer is a nonnative, 
invasive pest that has quickly become a major threat 
to hardwood forests as a emerald ash borer infesta-
tion is almost always fatal to the affected trees. This 
pest threatens to destroy over 692,000,000 ash trees 
in forests in Michigan and Ohio alone, and between 
five and ten percent of urban street trees in the 
Upper Midwest. 
(5) Epidemic populations of Southern pine bee-
tle are ravaging forests in Alabama, Arkansas, Flor-
ida, Georgia, Kentucky, Mississippi, North Carolina, 
South Carolina, Tennessee, and Virginia. In 2001, 
Florida and Kentucky experienced 146 percent and 
111 percent increases, respectively, in beetle popu-
lations. 
(6) These epidemic outbreaks of Southern pine 
beetle have forced private landowners to harvest
HR 1904 RS1S 
dead and dying trees, in both rural areas and in-
creasingly urbanized settings. 
(7) According to the Forest Service, recent out-
breaks of the red oak borer in Arkansas have been 
unprecedented, with almost 800,000 acres infested 
at population levels never seen before. 
(8) Much of the damage from the red oak borer 
has taken place in National forests, and the Federal 
response has been inadequate to protect forest eco-
systems and other ecological and economic resources. 
(9) Previous silvicultural assessments, while 
useful and informative, have been limited in scale 
and scope of application, and there has not been suf-
ficient resources available to adequately test a full 
array of individual and combined applied silvicul-
tural assessments. 
(10) Only through the rigorous funding, devel-
opment, and assessment of potential applied silvicul-
tural assessments over specific time frames across 
an array of environmental and climatic conditions 
can the most innovative and cost effective manage-
ment applications be determined that will help re-
duce the susceptibility of forest ecosystems to attack 
by forest pests.
HR 1904 RS1S 
(11) Funding and implementation of an initia-
tive to combat forest pest infestations should not 
come at the expense of supporting other programs 
and initiatives of the Secretary concerned. 
(c) PURPOSE.—It is the purpose of this title—
(1) to require the Secretary concerned to de-
velop an accelerated basic and applied assessment 
program to combat infestations by bark beetles, in-
cluding
Southern
pine
beetles,
hemlock
woolly 
adelgids, emerald ash borers, red oak borers, and 
white oak borers; 
(2) to enlist the assistance of universities and 
forestry schools, including Land Grant Colleges and 
Universities and 1890 Institutions, to carry out the 
program; and 
(3) to carry out applied silvicultural assess-
ments. 
SEC. 402. ACCELERATED INFORMATION GATHERING RE-
GARDING
BARK
BEETLES,
INCLUDING 
SOUTHERN PINE BEETLES, HEMLOCK WOOL-
LY ADELGIDS, EMERALD ASH BORERS, RED 
OAK BORERS, AND WHITE OAK BORERS. 
(a) INFORMATION GATHERING.—The Secretary con-
cerned shall establish, acting through the Forest Service
HR 1904 RS1S 
ash borers, red oak borers, and white oak borers on 
Federal lands and State and private lands; and 
(3) to disseminate the results of such informa-
tion gathering, treatments, and strategies. 
(b) COOPERATION AND ASSISTANCE.—The Secretary 
concerned shall establish and carry out the program in co-
operation with scientists from universities and forestry 
schools, State agencies, and private and industrial land 
owners. The Secretary concerned shall designate univer-
sities and forestry schools, including Land Grant Colleges 
and Universities and 1890 Institutions, to assist in car-
rying out the program. 
SEC. 403. APPLIED SILVICULTURAL ASSESSMENTS. 
(a) ASSESSMENT EFFORTS.—For information gath-
ering purposes, the Secretary concerned may conduct ap-
plied silvicultural assessments on Federal lands that the 
Secretary concerned determines, in the discretion of the 
Secretary concerned, is at risk of infestation by, or is in-
fested with, bark beetles, including Southern pine beetles, 
hemlock woolly adelgids, emerald ash borers, red oak bor-
ers, and white oak borers. Any applied silvicultural assess-
ments carried out under this section shall be conducted 
on not more than 1,000 acres per assessment. 
(b) LIMITATIONS.—
HR 1904 RS1S 
(1)
EXCLUSION
OF
CERTAIN
AREAS.—Sub-
section (a) does not apply to—
(A) a component of the National Wilder-
ness Preservation System; 
(B) Federal lands where, by Act of Con-
gress or Presidential proclamation, the removal 
of vegetation is restricted or prohibited; or 
(C) congressionally designated wilderness 
study areas. 
(2) CERTAIN TREATMENT PROHIBITED.—Sub-
section (a) does not authorize the application of in-
secticides in municipal watersheds and associated ri-
parian areas. 
(3)
ACREAGE
LIMITATION.—Applied
silvicul-
tural assessments may be implemented on not more 
than 250,000 acres using the authorities provided by 
this title. 
(4) PEER REVIEW.—Each applied silvicultural 
assessment under this title, prior to being carried 
out, shall be peer reviewed by scientific experts se-
lected by the Secretary concerned, which shall in-
clude non-Federal experts. The Secretary concerned 
may use existing peer review processes to the extent 
they comply with the preceding sentence. 
(c) PUBLIC NOTICE AND COMMENT.—
HR 1904 RS1S 
(1) PUBLIC NOTICE.—The Secretary concerned 
shall provide notice of each applied silvicultural as-
sessment proposed to be carried out under this sec-
tion in accordance with applicable regulations and 
administrative guidelines. 
(2) PUBLIC
COMMENT.—During the planning 
stage of each applied silvicultural assessment pro-
posed to be carried out under this section, the Sec-
retary concerned shall provide an opportunity for 
public input. 
(d) CATEGORICAL EXCLUSION.—Applied silvicultural 
assessments carried out under this section are deemed to 
be categorically excluded from further analysis under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). The Secretary concerned need not make any 
findings as to whether the project, either individually or 
cumulatively, has a significant effect on the environment. 
SEC. 404. RELATION TO OTHER LAWS. 
The authorities provided to the Secretary concerned 
by this title are supplemental to their respective authori-
ties provided in any other law. 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for fiscal years 
2004 through 2008 such sums as may be necessary to 
carry out this title.
HR 1904 RS1S 
TITLE V—HEALTHY FORESTS 
RESERVE PROGRAM 
SEC.
501.
ESTABLISHMENT
OF
HEALTHY
FORESTS
RE-
SERVE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Agriculture 
shall establish the healthy forests reserve program as a 
program within the Forest Service for the purpose of pro-
tecting, restoring, and enhancing degraded forest eco-
systems to promote the recovery of threatened and endan-
gered species as well as improve biodiversity and enhance 
carbon sequestration. 
(b) COOPERATION.—The Secretary of Agriculture 
shall carry out the healthy forests reserve program in co-
operation with the Secretary of the Interior, acting 
through the United States Fish and Wildlife Service. 
SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN 
PROGRAM. 
(a) ELIGIBLE LANDS.—The Secretary of Agriculture, 
in consultation with the Secretary of the Interior, shall 
designate rare forest ecosystems to be eligible for the 
healthy forests reserve program. The following lands are 
eligible for enrollment in the healthy forests reserve pro-
gram: 
(1) Private lands whose enrollment will protect, 
restore, enhance, or otherwise measurably increase
HR 1904 RS1S 
the likelihood of recovery of an endangered species 
or threatened species in the wild. 
(2) Private lands whose enrollment will protect, 
restore, enhance, or otherwise measurably increase 
the likelihood of the recovery of an animal or plant 
species before the species reaches threatened or en-
dangered status, such as candidate, State-listed spe-
cies, rare, peripheral, and special concern species. 
(b) OTHER CONSIDERATIONS.—In enrolling lands 
that satisfy the criteria in paragraph (1) or (2) of sub-
section (a), the Secretary of Agriculture shall give addi-
tional consideration to those lands whose enrollment will 
also improve biological diversity and increase carbon se-
questration. 
(c) ENROLLMENT BY WILLING OWNERS.—The Sec-
retary of Agriculture shall enroll lands in the healthy for-
ests reserve program only with the consent of the owner 
of the lands. 
(d) MAXIMUM ENROLLMENT.—The total number of 
acres enrolled in the healthy forests reserve program shall 
not exceed 1,000,000 acres. 
(e) METHODS OF ENROLLMENT.—Lands may be en-
rolled in the healthy forests reserve program pursuant to 
a 10-year cost-share agreement, a 30-year easement, or 
a permanent easement with buyback option. The extent
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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. 
(f) ENROLLMENT PRIORITY.—The Secretary of Agri-
culture shall give priority to the enrollment of lands that, 
in the sole discretion of the Secretary, will provide the best 
opportunity to resolve conflicts between the presence of 
an animal or plant species referred to in paragraph (1) 
or (2) of subsection (a) and otherwise lawful land use ac-
tivities. 
SEC. 503. CONSERVATION PLANS. 
(a) PLAN REQUIRED.—Lands enrolled in the healthy 
forests reserve program shall be subject to a conservation 
plan, to be developed jointly by the land owner and the 
United States Fish and Wildlife Service. The conservation 
plan shall include a description of the land-use activities 
that are permissible on the enrolled lands. 
(b) INVOLVEMENT BY OTHER AGENCIES AND ORGA-
NIZATIONS.—A State fish and wildlife agency, State for-
estry agency, State environmental quality agency, and 
other State conservation agencies and nonprofit conserva-
tion organizations may assist in providing technical or fi-
nancial assistance, or both, for the development and imple-
mentation of conservation plans.
HR 1904 RS1S 
(c) COST EFFECTIVENESS.—The conservation plan 
shall maximize the environmental benefits per dollar ex-
pended. 
SEC. 504. FINANCIAL ASSISTANCE. 
(a) PERMANENT EASEMENT WITH BUYBACK OP-
TION.—
(1) PAYMENT AMOUNT.—In the case of land 
enrolled in the healthy forests reserve program using 
a permanent easement with a buyback option, the 
Secretary of Agriculture shall pay the owner of the 
land an amount equal to—
(A) the fair market value of the enrolled 
land less the fair market value of the land en-
cumbered by the easement; plus 
(B) the actual costs of the approved con-
servation practices or the average cost of ap-
proved practices, as established by the Sec-
retary. 
(2) BUYBACK OPTION.—Beginning on the 50th 
anniversary of the enrollment of the land, and every 
10th-year thereafter, the owner shall be able to pur-
chase the easement back from the United States at 
a rate equal to the fair market value of the easement 
plus the costs, adjusted for inflation, of the approved 
conservation practices.
HR 1904 RS1S 
(b) 30-YEAR EASEMENT.—In the case of land en-
rolled 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—
(1) 75 percent of the fair market value of the 
land less the fair market value of the land encum-
bered by the easement; plus 
(2) 75 percent of the actual costs of the ap-
proved conservation practices or 75 percent of the 
average cost of approved practices, as established by 
the Secretary. 
(c) 10-YEAR AGREEMENT.—In the case of land en-
rolled 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—
(1) 75 percent of the actual costs of the ap-
proved conservation practices; or 
(2) 75 percent of the average cost of approved 
practices, as established by the Secretary. 
(d) ACCEPTANCE
OF CONTRIBUTIONS.—The Sec-
retary of Agriculture may accept and use contributions of 
non-Federal funds to make payments under this section. 
SEC. 505. TECHNICAL ASSISTANCE. 
The Forest Service and the United States Fish and 
Wildlife Service shall provide landowners with technical
HR 1904 RS1S 
assistance to comply with the terms of agreements and 
easements under the healthy forests reserve program and 
conservation plans. 
SEC. 506. SAFE HARBOR. 
In implementing the healthy forests reserve program, 
the Secretary of the Interior shall provide safe harbor or 
similar assurances, through section 7 or other authorities 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), consistent with the implementing regula-
tions of the United States Fish and Wildlife Service, to 
landowners who enroll land in the healthy forests reserve 
program when such enrollment will result in a net con-
servation benefit for listed species. 
SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $15,000,000 
for each of the fiscal years 2004 through 2008 to carry 
out this title. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
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 em-
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phasis on hardwood forest stands) and potential forest 
stands—
(1) in units of the National Forest System 
(other than those units created from the public do-
main); 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 assess-
ment of environmental threats (including insect, dis-
ease, invasive species, fire, and weather-related risks 
and other episodic events); 
(2) loss or degradation of forests;
(3) degradation of the quality forest stands 
caused by inadequate forest regeneration practices; 
(4) quantification of carbon uptake rates; and 
(5) management practices that focus on pre-
venting further forest degradation. 
(c) EARLY WARNING SYSTEM.—In carrying out the 
program, the Secretary shall develop a comprehensive 
early warning system for potential catastrophic environ-
mental threats to forests to increase the likelihood that 
forest managers will be able to—
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(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 cen-
tury, that could be environmentally and economically 
devastating to forests. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$5,000,000 for each of the fiscal years 2004 through 
2008.
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 of this 
Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
TITLE I—HAZARDOUS FUELS REDUCTION ON FEDERAL LAND 
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. Standard for injunctive relief for agency action to restore fire-adapted 
forest or rangeland ecosystems. 
Sec. 108. Effect of title. 
TITLE II—BIOMASS 
Sec. 201. Findings. 
Sec. 202. Definitions.
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Sec. 203. Grants to improve commercial value of forest biomass for electric en-
ergy, useful heat, transportation fuels, compost, value-added 
products, and petroleum-based product substitutes. 
Sec. 204. Reporting requirement. 
Sec. 205. Improved biomass use research program. 
Sec. 206. Rural revitalization through forestry. 
TITLE III—WATERSHED FORESTRY ASSISTANCE 
Sec. 301. Findings and purposes. 
Sec. 302. Watershed forestry assistance program. 
Sec. 303. Tribal watershed forestry assistance. 
TITLE IV—INSECT INFESTATIONS AND RELATED DISEASES 
Sec. 401. Findings and purpose. 
Sec. 402. Definitions. 
Sec. 403. Accelerated information gathering regarding forest-damaging insects. 
Sec. 404. Applied silvicultural assessments. 
Sec. 405. Relation to other laws. 
Sec. 406. Authorization of appropriations. 
TITLE V—HEALTHY FORESTS RESERVE PROGRAM 
Sec. 501. Establishment of healthy forests reserve program. 
Sec. 502. Eligibility and enrollment of lands in program. 
Sec. 503. Restoration plans. 
Sec. 504. Financial assistance. 
Sec. 505. Technical assistance. 
Sec. 506. Protections and measures 
Sec. 507. Involvement by other agencies and organizations. 
Sec. 508. Authorization of appropriations. 
TITLE VI—PUBLIC LAND CORPS 
Sec. 601. Purposes. 
Sec. 602. Definitions. 
Sec. 603. Public Land Corps. 
Sec. 604. Nondisplacement. 
Sec. 605. Authorization of appropriations. 
TITLE VII—RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM 
Sec. 701. Purpose 
Sec. 702. Definitions. 
Sec. 703. Rural community forestry enterprise program. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Forest inventory and management. 
Sec. 802. Program for emergency treatment and reduction of nonnative invasive 
plants. 
Sec. 803. USDA National Agroforestry Center. 
Sec. 804. Upland Hardwoods Research Center. 
Sec. 805. Sense of Congress regarding enhanced community fire protection.
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SEC. 2. PURPOSES. 
The purposes of this Act are—
(1) to reduce the risks of damage to communities, 
municipal water supplies, and certain at-risk Federal 
land from catastrophic wildfires; 
(2) to authorize grant programs to improve the 
commercial value of forest biomass (that otherwise 
contributes to the risk of catastrophic fire or insect or 
disease infestation) for producing electric energy, use-
ful heat, transportation fuels, and petroleum-based 
product substitutes, and for other commercial pur-
poses; 
(3) to enhance efforts to protect watersheds and 
address threats to forest and rangeland health, includ-
ing catastrophic wildfire, across the landscape; 
(4) to promote systematic gathering of informa-
tion to address the impact of insect and disease infes-
tations and other damaging agents on forest and 
rangeland health; 
(5) to improve the capacity to detect insect and 
disease infestations at an early stage, particularly 
with respect to hardwood forests; and 
(6) to protect, restore, and enhance forest eco-
system components—
(A) to promote the recovery of threatened 
and endangered species;
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(B) to improve biological diversity; and 
(C) to enhance productivity and carbon se-
questration. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means—
(A) land of the National Forest System (as 
defined in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 
(16 U.S.C 1609(a))) administered by the Sec-
retary of Agriculture, acting through the Chief of 
the Forest Service; and 
(B) public lands (as defined in section 103 
of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C 1702)), the surface of which
is administered by the Secretary of the Interior, 
acting through the Director of the Bureau of 
Land Management. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given the term in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b).
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TITLE I—HAZARDOUS FUELS 
REDUCTION ON FEDERAL LAND
SEC. 101. DEFINITIONS. 
In this title: 
(1) AUTHORIZED HAZARDOUS FUELS REDUCTION 
PROJECT.—The term ‘‘authorized hazardous fuels re-
duction project’’ means a hazardous fuels reduction 
project on Federal land described in section 102(a) 
conducted in accordance with sections 103 and 104. 
(2) CONDITION CLASS 2.—The term ‘‘condition 
class 2’’, with respect to an area of Federal land, 
means the condition class description developed by the 
Forest Service Rocky Mountain Research Station in 
the general technical report entitled ‘‘Development of 
Coarse-Scale Spatial Data for Wildland Fire and 
Fuel Management’’ (RMRS–87), dated April 2000 
(including any subsequent revision to the report), 
under which—
(A) fire regimes on the land have been mod-
erately altered from historical ranges; 
(B) there exists a moderate risk of losing 
key ecosystem components from fire; 
(C) fire frequencies have increased or de-
creased from historical frequencies by 1 or more
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return intervals, resulting in moderate changes 
to—
(i) the size, frequency, intensity, or se-
verity of fires; or 
(ii) landscape patterns; and 
(D) vegetation attributes have been mod-
erately altered from the historical range of the 
attributes. 
(3) 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 tech-
nical report referred to in paragraph (2) (including 
any subsequent revision to the report), under which—
(A) fire regimes on land have been signifi-
cantly altered from historical ranges; 
(B) there exists a high risk of losing key 
ecosystem components from fire; 
(C) fire frequencies have departed from his-
torical frequencies by multiple return intervals, 
resulting in dramatic changes to—
(i) the size, frequency, intensity, or se-
verity of fires; or 
(ii) landscape patterns; and
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(D) vegetation attributes have been signifi-
cantly altered from the historical range of the at-
tributes. 
(4) 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. 
(5) DECISION DOCUMENT.—The term ‘‘decision 
document’’ means a decision notice or record of deci-
sion, as those terms are used in applicable regulations 
of the Council on Environmental Quality and the 
Forest Service Handbook. 
(6) HAZARDOUS FUELS.—The term ‘‘hazardous 
fuels’’ means vegetation (dead or alive) in the forest 
or rangeland ecosystem that—
(A) is in excess of historic conditions or 
management goals; and 
(B) can cause wildfires. 
(7) HAZARDOUS FUELS REDUCTION PROJECT.—
The term ‘‘hazardous fuels reduction project’’ means 
the measures and methods described in the definition 
of ‘‘appropriate tools’’ contained in the glossary of the 
Implementation Plan.
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(8) IMPLEMENTATION PLAN.—The term ‘‘Imple-
mentation Plan’’ means the Implementation Plan for 
the 10-year Comprehensive Strategy for a Collabo-
rative Approach for Reducing Wildland Fire Risks to 
Communities and the Environment, dated May 2002, 
which was developed pursuant to the Department of 
the Interior and Related Agencies Appropriations Act, 
2001 (Public Law 106–291) (including any subse-
quent revision to the Plan). 
(9) INTERFACE COMMUNITY.—The term ‘‘inter-
face community’’ has the meaning given the term in 
the notice published at 66 Fed. Reg. 751 (January 4, 
2001) (including any subsequent revision to the no-
tice). 
(10) 
INTERMIX
COMMUNITY.—The 
term 
‘‘intermix community’’ has the meaning given the 
term in the notice published at 66 Fed. Reg. 751 
(January 4, 2001) (including any subsequent revision 
to the notice). 
(11) MUNICIPAL WATER SUPPLY SYSTEM.—The 
term ‘‘municipal water supply system’’ means the 
source watersheds, reservoirs, canals, ditches, flumes, 
laterals, pipes, pipelines, and other surface facilities 
and systems constructed or installed for the collection,
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impoundment, storage, transportation, or distribution 
of drinking water for a community. 
(12) 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 Na-
tional Forest System described in section 3(1)(A) 
under section 6 of the Forest and Rangeland Re-
newable 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). 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means—
(A) the Secretary of Agriculture, with re-
spect to land of the National Forest System de-
scribed in section 3(1)(A); and
(B) the Secretary of the Interior, with re-
spect to public lands described in section 
3(1)(B).
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(14) THREATENED AND ENDANGERED SPECIES 
HABITAT.—The term ‘‘threatened and endangered spe-
cies habitat’’ means Federal land identified in—
(A) a determination that a species is an en-
dangered species or a threatened species under 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(B) a designation of critical habitat of the 
species under that Act; or 
(C) a recovery plan prepared for the species 
under that Act. 
SEC. 102. AUTHORIZED HAZARDOUS FUELS REDUCTION 
PROJECTS. 
(a) AUTHORIZED PROJECTS.—
(1) IN GENERAL.—The Secretary may conduct 
hazardous fuels reduction projects on—
(A) Federal land located in an interface 
community or intermix community; 
(B) Federal land located in such proximity 
to an interface community or intermix commu-
nity that there is a significant risk that the 
spread of a fire disturbance event from that land 
would threaten human life or property in prox-
imity to or within the interface community or 
intermix community;
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(C) condition class 3 or condition class 2 
Federal land located in such proximity to a mu-
nicipal watershed, water supply system or a 
stream feeding a municipal water supply system 
that a significant risk exists that a fire disturb-
ance event would have adverse effects on the 
water quality of the municipal water supply or 
the maintenance of the system, including the risk 
to water quality posed by erosion following such 
a fire disturbance event; 
(D) condition class 3 or condition class 2 
Federal land on which windthrow or blowdown, 
ice storm damage, or the existence or threat of 
disease or insect infestation, poses a significant 
threat to an ecosystem component, or forest or 
rangeland resource, on the Federal land or adja-
cent private land; 
(E) Federal land not covered by subpara-
graph (A), (B), (C), or (D) that contains threat-
ened and endangered species habitat, if—
(i) natural fire regimes on that land 
are identified as being important for, or 
wildfire is identified as a threat to, an en-
dangered species, a threatened species, or 
habitat of an endangered species or threat-
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ened species in a species recovery plan pre-
pared under section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. 1533), or a 
notice published in the Federal Register de-
termining a species to be an endangered 
species or a threatened species or desig-
nating critical habitat; 
(ii) the project will provide enhanced 
protection from catastrophic wildfire for the 
endangered species, threatened species, or 
habitat of the endangered species or threat-
ened species; and 
(iii) the Secretary complies with any 
applicable guidelines specified in any recov-
ery plan described in clause (i). 
(2) CLASSIFICATION.—The Secretary shall clas-
sify appropriate land described in paragraph (1)(D) 
impacted by windthrow or blowdown, ice storm dam-
age, or the existence or threat of disease or insect in-
festation as condition class 3 or condition class 2 
Federal land. 
(b) RELATION
TO AGENCY PLANS.—An authorized 
hazardous fuels reduction project shall be conducted in a 
manner consistent with the resource management plan ap-
plicable to the Federal land covered by the project.
HR 1904 RS1S 
(c) ACREAGE LIMITATION.—Not more than a total of 
20,000,000 acres of Federal land may be included in au-
thorized hazardous fuels reduction projects. 
(d) EXCLUSION OF CERTAIN FEDERAL LAND.—The 
Secretary may not conduct an authorized hazardous fuels 
reduction project that would occur on—
(1) a component of the National Wilderness Pres-
ervation System; 
(2) Federal land on which, by Act of Congress or 
Presidential proclamation, the removal of vegetation 
is prohibited or restricted; or 
(3) a Wilderness Study Area. 
SEC. 103. PRIORITIZATION FOR COMMUNITIES AND WATER-
SHEDS. 
As provided for in the Implementation Plan, the Sec-
retary shall give priority to authorized hazardous fuel re-
duction projects that provide for the protection of commu-
nities and watersheds.
SEC. 104. ENVIRONMENTAL ANALYSIS. 
(a) HAZARDOUS FUELS REDUCTION PROJECTS.—
(1) IN GENERAL.—Except as otherwise provided 
in this title, the Secretary shall conduct authorized 
hazardous fuels reduction projects in accordance 
with—
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(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4331 et seq.); and 
(B) other applicable laws. 
(2) ENVIRONMENTAL
ASSESSMENT
OR
IMPACT 
STATEMENT.—The Secretary shall prepare an envi-
ronmental assessment or an environmental impact 
statement (pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(2))) for each authorized hazardous fuels reduc-
tion project. 
(b) ALTERNATIVES.—The Secretary is not required to 
study, develop, or describe any alternative to the proposed 
agency action in the environmental assessment or environ-
mental impact statement prepared in accordance with sub-
section (a)(2). 
(c) PUBLIC NOTICE AND MEETING.—
(1) PUBLIC NOTICE.—The Secretary shall pro-
vide notice of each authorized hazardous fuels reduc-
tion project in accordance with applicable regulations 
and administrative guidelines.
(2) PUBLIC MEETING.—During the preparation 
stage of each authorized hazardous fuels reduction 
project, the Secretary shall—
(A) conduct a public meeting at an appro-
priate location proximate to the administrative
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unit of the Federal land on which the authorized 
hazardous fuels reduction project will be con-
ducted; and 
(B) provide advance notice of the location, 
date, and time of the meeting. 
(d) PUBLIC COLLABORATION.—In order to encourage 
meaningful public participation during preparation of au-
thorized hazardous fuels reduction projects, the Secretary 
shall facilitate collaboration among State and local govern-
ments and Indian tribes, and participation of interested 
persons, during the preparation of each authorized fuels re-
duction project in a manner consistent with the Implemen-
tation 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 guidelines, 
the Secretary shall provide an opportunity for public input 
during the preparation of any environmental assessment or 
environmental impact statement for an authorized haz-
ardous fuels reduction project. 
(f) DECISION DOCUMENT.—The Secretary shall sign a 
decision document for authorized hazardous fuels reduction 
projects and provide notice of the final agency actions.
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(g) PROJECT MONITORING.—In accordance with the 
Implementation Plan, the Secretary shall monitor the im-
plementation of authorized hazardous fuels reduction 
projects. 
SEC. 105. SPECIAL FOREST SERVICE ADMINISTRATIVE RE-
VIEW PROCESS. 
(a) DEVELOPMENT
OF
ADMINISTRATIVE
REVIEW 
PROCESS.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary of Agriculture shall pro-
mulgate final regulations to establish an administrative re-
view process that will serve as the sole means by which a 
person described in subsection (b) can seek administrative 
review regarding a proposed hazardous fuels reduction 
project. 
(b) ELIGIBLE PERSONS.—
(1) IN GENERAL.—To be eligible to participate 
in the administrative review process established under 
subsection (a), a person shall submit specific and sub-
stantive written comments during the notice and com-
ment stage of the authorized hazardous fuels reduction 
project. 
(2) NOTICE AND COMMENT.—The Secretary of 
Agriculture shall ensure that, during the preparation 
stage of each authorized hazardous fuels reduction 
project, notice and comment is provided in a manner
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sufficient to permit interested persons a reasonable 
opportunity to comply with this subsection. 
(c) RELATION TO APPEALS REFORM ACT.—Section 
322 of the Department of the Interior and Related Agencies 
Appropriations Act, 1993 (Public Law 102–381; 16 U.S.C. 
1612 note), does not apply to an authorized hazardous fuels 
reduction project. 
SEC. 106. SPECIAL REQUIREMENTS REGARDING JUDICIAL 
REVIEW OF AUTHORIZED HAZARDOUS FUELS 
REDUCTION PROJECTS. 
(a) FILING DEADLINE.—
(1) TIME LIMIT ESTABLISHED FOR FILING.—
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, to be timely, an action in 
a court of the United States challenging an au-
thorized 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 Sec-
retary provides notice of the final agency action 
regarding the authorized hazardous fuels reduc-
tion project. 
(B) APPLICABILITY.—The time limitation 
under subparagraph (A) supersedes any require-
ment regarding notice of intent to file a lawsuit, 
or filing deadline, otherwise applicable to an ac-
HR 1904 RS1S 
tion challenging an authorized hazardous fuels 
reduction project under any provision of law. 
(2) WAIVER PROHIBITED.—The Secretary may 
not agree to, and a court of the United States may 
not grant, a waiver of the requirements of this sub-
section. 
(b) DURATION OF PRELIMINARY INJUNCTION.—
(1) DURATION; EXTENSION.—
(A) DURATION.—Any preliminary injunc-
tion, or injunction pending appeal, granted by a 
court of the United States regarding an author-
ized hazardous fuels reduction project shall be 
limited to 45 days. 
(B) EXTENSION.—A court may renew the 
preliminary injunction or injunction pending 
appeal, taking into consideration the goal ex-
pressed in subsection (c) for the expeditious reso-
lution of cases regarding authorized hazardous 
fuels reduction projects. 
(2) SUBMISSION OF INFORMATION.—As part of a 
request to renew a preliminary injunction, or injunc-
tion pending appeal, granted regarding an authorized 
hazardous fuels reduction project, the parties involved 
shall present to the court a description of any changes 
that may have occurred during the period of the in-
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junction to the forest or rangeland conditions that the 
authorized hazardous fuels reduction project is in-
tended to address. 
(3) 
CONGRESSIONAL
NOTIFICATION.—In 
the 
event of the renewal of a preliminary injunction, or 
injunction pending appeal, regarding an authorized 
hazardous fuels reduction project, the Secretary shall 
submit notice of the renewal to—
(A) the Committee on Resources and the 
Committee on Agriculture of the House of Rep-
resentatives; and 
(B) the Committee on Energy and Natural 
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 an action challenging an authorized haz-
ardous fuels reduction project to expedite, to the maximum 
extent practicable, the proceedings in the lawsuit or appeal
with the goal of rendering, not later than 100 days after 
the date on which the complaint or appeal is filed—
(1) a final determination on jurisdiction; and 
(2) if jurisdiction exists, a final determination 
on the merits.
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SEC. 107. STANDARD FOR INJUNCTIVE RELIEF FOR AGENCY 
ACTION TO RESTORE FIRE-ADAPTED FOREST 
OR RANGELAND ECOSYSTEMS. 
If a civil action brought against the Secretary under 
section 703 of title 5, United States Code, involves an agen-
cy action on Federal land on which the Secretary found 
that the agency action is necessary to restore a fire-adapted 
forest or rangeland ecosystem (including an authorized haz-
ardous fuels reduction project), the court reviewing the 
agency action, in considering a request for a prohibitory 
or mandatory injunction against the agency action, shall—
(1) balance the impact to the ecosystem likely af-
fected by the project of the short- and long-term effects 
of undertaking the agency action against the short- 
and long-term effects of not undertaking the agency 
action; and 
(2) give weight to a finding by the Secretary in 
the administrative record of the agency action con-
cerning the short- and long-term effects of under-
taking the agency action and of not undertaking the 
agency action, unless the court finds that the finding 
was arbitrary and capricious. 
SEC. 108. EFFECT OF TITLE. 
(a) RELATION TO OTHER AUTHORITY.—Nothing in 
this title affects, or otherwise biases, the use by the Secretary 
of other statutory or administrative authority to conduct
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a hazardous fuels reduction project on Federal land (includ-
ing Federal land identified in section 102(d)) that is not 
conducted using the process authorized by section 104. 
(b) RELATION TO LEGAL ACTION.—Nothing in this 
title prejudices or otherwise affects the consideration or dis-
position of any legal action concerning the Roadless Area 
Conservation Rule contained in part 294 of title 36, Code 
of Federal Regulations, and amended in the final rule and 
record of decision published in the Federal Register on Jan-
uary 12, 2001 (66 Fed. Reg. 3244). 
TITLE II—BIOMASS 
SEC. 201. FINDINGS. 
Congress finds that—
(1)(A) thousands of communities in the United 
States, many located near Federal land, are at risk 
of wildfire; 
(B) more than 100,000,000 acres of land man-
aged by the Secretary of Agriculture and the Sec-
retary of the Interior are at risk of catastrophic fire 
in the near future; and 
(C) the accumulation of heavy forest and range-
land fuel loads continues to increase as a result of fire 
exclusion, disease, insect infestations, and drought, 
further raising the risk of fire each year;
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(2)(A) more than 70,000,000 acres across all 
land ownerships are at risk of higher than normal 
mortality during the 15-year period beginning on the 
date of enactment of this Act because of insect infesta-
tion and disease; and 
(B) high levels of tree mortality from insects and 
disease result in—
(i) increased fire risk; 
(ii) loss of older trees and old growth; 
(iii) degraded watershed conditions; 
(iv) changes in species diversity and pro-
ductivity; 
(v) diminished fish and wildlife habitat; 
(vi) decreased timber values; and 
(vii) increased threats to homes, businesses, 
and community watersheds; 
(3)(A) preventive treatments (such as reducing 
fuel loads, crown density, ladder fuels, and hazard 
trees), planting proper species mix, restoring and pro-
tecting early successional habitat, and completing 
other specific restoration treatments designed to re-
duce the susceptibility of forest and rangeland to in-
sect outbreaks, disease, and catastrophic fire present 
the greatest opportunity for long-term forest and 
rangeland health, maintenance, and enhancement by
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creating a mosaic of species-mix and age distribution; 
and 
(B) those vegetation management treatments are 
widely acknowledged to be more successful and cost-
effective than suppression treatments in the case of 
insects, disease, and fire; 
(4)(A) the byproducts of vegetative management 
treatment (such as trees, brush, thinnings, chips, 
slash, and other hazardous fuels) removed from forest 
and rangeland represent an abundant supply of—
(i) biomass for biomass-to-energy facilities; 
and 
(ii) raw material for business; and 
(B) 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; and 
(5) the United States should—
(A) promote economic and entrepreneurial 
opportunities in using by-products removed 
through vegetation treatment activities relating 
to hazardous fuels reduction, disease, and insect 
infestation; 
(B) develop and expand markets for tradi-
tionally underused wood and biomass as an out-
HR 1904 RS1S 
let for by-products of preventive treatment activi-
ties; and 
(C) promote research and development to 
provide, for the by-products, economically and 
environmentally sound—
(i) management systems; 
(ii) harvest and transport systems; and 
(iii) utilization options. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) BIOMASS.—The term ‘‘biomass’’ means trees 
and woody plants (including limbs, tops, needles, 
other woody parts, and wood waste) and byproducts 
of preventive treatment (such as wood, brush, 
thinnings, chips, and slash) that are removed—
(A) to reduce hazardous fuels; 
(B) to reduce the risk of or to contain dis-
ease or insect infestation; or
(C) to improve forest health and wildlife 
habitat conditions. 
(2) PERSON.—The term ‘‘person’’ includes—
(A) an individual; 
(B) a community (as determined by the 
Secretary); 
(C) an Indian tribe;
HR 1904 RS1S 
(D) a small business, microbusiness, or a 
corporation that is incorporated in the United 
States; and 
(E) a nonprofit organization. 
(3) PREFERRED
COMMUNITY.—The term ‘‘pre-
ferred community’’ means—
(A) any town, township, municipality, In-
dian tribe, or other similar unit of local govern-
ment (as determined by the Secretary) that—
(i) has a population of not more than 
50,000 individuals; and 
(ii) the Secretary, in the sole discretion 
of the Secretary, determines contains or is 
located near, or with a water supply system 
that contains or is located near, land that—
(I) is at significant risk of cata-
strophic wildfire, disease, or insect in-
festation; or 
(II) suffers from disease or insect 
infestation; or 
(B) any area or unincorporated area rep-
resented by a nonprofit organization approved 
by the Secretary, that—
(i) is not wholly contained within a 
metropolitan statistical area; and
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(ii) the Secretary, in the sole discretion 
of the Secretary, determines contains or is 
located near, or with a water supply system 
that contains or is located near, land—
(I) the condition of which is at 
significant risk of catastrophic wild-
fire, disease, or insect infestation; or 
(II) that suffers from disease or 
insect infestation. 
(4) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means—
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
(B) the Secretary of the Interior, with re-
spect to Federal land under the jurisdiction of 
the Secretary of the Interior (including land held 
in trust for the benefit of an Indian tribe). 
SEC. 203. GRANTS TO IMPROVE COMMERCIAL VALUE OF 
FOREST BIOMASS FOR ELECTRIC ENERGY, 
USEFUL 
HEAT, 
TRANSPORTATION 
FUELS, 
COMPOST, VALUE-ADDED PRODUCTS, AND PE-
TROLEUM-BASED PRODUCT SUBSTITUTES. 
(a) BIOMASS COMMERCIAL UTILIZATION GRANT PRO-
GRAM.—
HR 1904 RS1S 
(1) IN
GENERAL.—The Secretary may make 
grants to any person that owns or operates a facility 
that uses biomass as a raw material to produce elec-
tric energy, sensible heat, transportation fuels, sub-
stitutes for petroleum-based products, wood-based 
products, pulp, or other commercial products to offset 
the costs incurred to purchase biomass for use by the 
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.—
(A) IN
GENERAL.—As a condition of a 
grant under this subsection, the grant recipient 
shall keep such records as the Secretary may re-
quire to fully and correctly disclose the use of the 
grant funds and all transactions involved in the 
purchase of biomass. 
(B) ACCESS.—On notice by a representative 
of the Secretary, the grant recipient shall afford 
the representative—
(i) reasonable access to the facility that 
purchases or uses biomass; and
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(ii) an opportunity to examine the in-
ventory and records of the facility. 
(b) VALUE-ADDED GRANT PROGRAM.—
(1) IN GENERAL.—The Secretary—
(A) may make grants to persons to offset the 
cost of projects to add value to biomass; and 
(B) in making a grant under subparagraph 
(A), shall give preference to persons in preferred 
communities. 
(2) SELECTION.—The Secretary shall select a 
grant recipient under paragraph (1)(A) after giving 
consideration to—
(A) the anticipated public benefits of the 
project; 
(B) opportunities for the creation or expan-
sion of small businesses and microbusinesses re-
sulting from the project; and 
(C) the potential for new job creation as a 
result of the project. 
(3) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000. 
(c) RELATION TO OTHER ENDANGERED SPECIES AND 
RIPARIAN PROTECTIONS.—
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(1) IN GENERAL.—The Secretary shall comply 
with applicable endangered species and riparian pro-
tections in making grants under this section. 
(2) PROJECTS.—Projects funded using grant 
proceeds shall be required to comply with the protec-
tions. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000 for each of fiscal years 2004 through 2008. 
SEC. 204. REPORTING REQUIREMENT. 
(a) REPORT REQUIRED.—Not later than October 1, 
2008, the Secretary of Agriculture, in consultation with the 
Secretary of the Interior, shall submit to the Committee on 
Resources and the Committee on Agriculture of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report describing the re-
sults of the grant programs authorized by section 203. 
(b) CONTENTS
OF REPORT.—The report shall in-
clude—
(1) an identification of the source, size, type, and 
the end-use of biomass by persons that receive grants 
under section 203;
HR 1904 RS1S 
(2) the haul costs incurred and the distance be-
tween the land from which the biomass was removed 
and the facilities that used the biomass; 
(3) the economic impacts, particularly new job 
creation, resulting from the grants to and operation 
of the eligible operations; and 
(4) the environmental effects of the activities de-
scribed in this section. 
SEC. 205. IMPROVED BIOMASS USE RESEARCH PROGRAM. 
(a) USES
OF GRANTS, CONTRACTS, AND ASSIST-
ANCE.—Section 307(d) of the Biomass Research and Devel-
opment 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, tech-
nology, and tools to forest managers and community 
developers for use in evaluating forest treatment and 
production alternatives, including—
HR 1904 RS1S 
‘‘(A) to develop tools that would enable land 
managers, locally or in a several-State region, to 
estimate—
‘‘(i) the cost to deliver varying quan-
tities of wood to a particular location; and 
‘‘(ii) the amount that could be paid for 
stumpage if delivered wood was used for a 
specific mix of products; 
‘‘(B) to conduct research focused on devel-
oping appropriate thinning systems and equip-
ment designs that are—
‘‘(i) capable of being used on land 
without significant adverse effects on the 
land; 
‘‘(ii) capable of handling large and 
varied landscapes; 
‘‘(iii) adaptable to handling a wide va-
riety 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 pro-
grams on matters described in subparagraphs 
(A) and (B).’’.
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(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—
(1) by striking ‘‘$49,000,000’’ and inserting 
‘‘$54,000,000’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, of which not less than $5,000,000 shall 
be used for each fiscal year to carry out section 
307(d)(5)’’. 
SEC. 206. RURAL REVITALIZATION THROUGH FORESTRY. 
Section 2371 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 6601) is amended by add-
ing 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 con-
sultation with the State and Private Forestry Tech-
nology Marketing Unit at the Forest Products Lab-
oratory, and in collaboration with eligible institu-
tions, may carry out a program—
‘‘(A) to accelerate adoption of technologies 
using biomass and small-diameter materials; 
‘‘(B) to create community-based enterprises 
through marketing activities and demonstration 
projects; and
HR 1904 RS1S 
‘‘(C) to establish small-scale business enter-
prises to make use of biomass and small-diame-
ter materials. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out 
this subsection $5,000,000 for each of fiscal years 
2004 through 2008.’’. 
TITLE III—WATERSHED 
FORESTRY ASSISTANCE 
SEC. 301. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) there has been a dramatic shift in public at-
titudes 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 serv-
ices in filtering pollutants, buffering important rivers 
and estuaries, and minimizing flooding, which makes 
forest restoration worthy of special focus; and 
(4) strengthened education, technical assistance, 
and financial assistance for nonindustrial private 
forest landowners and communities, relating to the
HR 1904 RS1S 
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 under-
standing of the connection between forest management 
and watershed health; 
(2) to encourage landowners to maintain tree 
cover on property and to use tree plantings and vege-
tative treatments as creative solutions to watershed 
problems associated with varying land uses; 
(3) to enhance and complement forest manage-
ment and buffer use for watersheds, with an emphasis 
on community watersheds; 
(4) to establish new partnerships and collabo-
rative watershed approaches to forest management, 
stewardship, and conservation; 
(5) to provide technical and financial assistance 
to States to deliver a coordinated program that en-
hances State forestry best-management practices pro-
grams, and conserves and improves forested land and 
potentially forested land, through technical, financial,
and educational assistance to qualifying individuals 
and entities; and
HR 1904 RS1S 
(6) to maximize the proper management and 
conservation of wetland forests and to assist in the 
restoration of those forests.
SEC. 302. WATERSHED FORESTRY ASSISTANCE PROGRAM. 
The Cooperative Forestry Assistance Act of 1978 is 
amended by inserting after section 5 (16 U.S.C. 2103a) the 
following: 
‘‘SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM. 
‘‘(a) DEFINITION OF NONINDUSTRIAL PRIVATE FOR-
EST LAND.—In this section, the term ‘nonindustrial private 
forest land’ means rural land, as determined by the Sec-
retary, that—
‘‘(1) has existing tree cover or that is suitable for 
growing trees; and 
‘‘(2) is owned by any nonindustrial private indi-
vidual, group, association, corporation, or other pri-
vate legal entity, that has definitive decisionmaking 
authority over the land. 
‘‘(b) GENERAL AUTHORITY AND PURPOSE.—The Sec-
retary, acting through the Chief of the Forest Service, may 
provide technical, financial, and related assistance to State 
foresters, equivalent State officials, and officials of the Co-
operative State Research, Education, and Extension Service 
for the purpose of expanding State forest stewardship ca-
pacities and activities through State forestry best-manage-
HR 1904 RS1S 
ment practices and other means at the State level to address 
watershed issues on non-Federal forested land and poten-
tially forested land. 
‘‘(c) TECHNICAL ASSISTANCE TO PROTECT WATER 
QUALITY.—
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with State foresters, officials of the Cooperative 
State Research, Education, and Extension Service, or 
equivalent State officials, shall engage interested 
members of the public, including nonprofit organiza-
tions and local watershed councils, to develop a pro-
gram of technical assistance to protect water quality 
described in paragraph (2). 
‘‘(2) PURPOSE
OF
PROGRAM.—The program 
under this subsection shall be designed—
‘‘(A) to build and strengthen watershed 
partnerships that focus on forested landscapes at 
the State, regional, and local levels; 
‘‘(B) to provide State forestry best-manage-
ment practices and water quality technical as-
sistance directly to owners of nonindustrial pri-
vate forest land; 
‘‘(C) to provide technical guidance to land 
managers and policymakers for water quality 
protection through forest management;
HR 1904 RS1S 
‘‘(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. 
‘‘(d) WATERSHED
FORESTRY
COST-SHARE
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a watershed forestry cost-share program—
‘‘(A) which shall be—
‘‘(i) administered by the Forest Serv-
ice; and 
‘‘(ii) implemented by State foresters or 
equivalent State officials; and 
‘‘(B) under which funds or other support 
provided shall be made available for State for-
HR 1904 RS1S 
estry best-management practices programs and 
watershed forestry projects. 
‘‘(2) WATERSHED
FORESTRY
PROJECTS.—The 
State forester, State Research, Education and Exten-
sion official, or equivalent State official of a State, in 
coordination with the State Forest Stewardship Co-
ordinating Committee established under section 19(b) 
(or an equivalent committee) for that State, shall 
make awards to communities, nonprofit groups, and 
owners of nonindustrial private forest land under the 
program for watershed forestry projects described in 
paragraph (3). 
‘‘(3) PROJECT ELEMENTS AND OBJECTIVES.—A 
watershed forestry project shall accomplish critical 
forest stewardship, watershed protection, and restora-
tion needs within a State by demonstrating the value 
of trees and forests to watershed health and condition 
through—
‘‘(A) the use of trees as solutions to water 
quality problems in urban and rural areas; 
‘‘(B) community-based planning, involve-
ment, and action through State, local and non-
profit partnerships;
HR 1904 RS1S 
‘‘(C) application of and dissemination of 
monitoring information on forestry best-manage-
ment practices relating to watershed forestry; 
‘‘(D) watershed-scale forest management ac-
tivities and conservation planning; and 
‘‘(E)(i) the restoration of wetland (as de-
fined by the States) and stream-side forests; and 
‘‘(ii) the establishment of riparian vegeta-
tive buffers. 
‘‘(4) COST-SHARING.—
‘‘(A) FEDERAL SHARE.—
‘‘(i) 
FUNDS
UNDER
THIS
SUB-
SECTION.—Funds provided under this sub-
section for a watershed forestry project may 
not exceed 75 percent of the cost of the 
project. 
‘‘(ii) OTHER
FEDERAL
FUNDS.—The 
percentage of the cost of a project described 
in clause (i) that is not covered by funds 
made available under this subsection may 
be paid using other Federal funding sources, 
except that the total Federal share of the 
costs of the project may not exceed 90 per-
cent.
HR 1904 RS1S 
‘‘(B) FORM.—The non-Federal share of the 
costs of a project may be provided in the form 
of cash, services, or other in-kind contributions. 
‘‘(5) PRIORITIZATION.—The State Forest Stew-
ardship Coordinating Committee for a State, or 
equivalent State committee, shall prioritize water-
sheds in that State to target watershed forestry 
projects funded under this subsection. 
‘‘(6) WATERSHED
FORESTER.—Financial and 
technical assistance shall be made available to the 
State Forester or equivalent State official to create a 
State watershed or best-management practice forester 
position to—
‘‘(A) lead statewide programs; and 
‘‘(B) coordinate watershed-level projects. 
‘‘(e) DISTRIBUTION.—
‘‘(1) IN GENERAL.—Of the funds made available 
for a fiscal year under subsection (g), the Secretary 
shall use—
‘‘(A) at least 75 percent of the funds to 
carry out the cost-share program under sub-
section (d); and 
‘‘(B) the remainder of the funds to deliver 
technical assistance, education, and planning, at
HR 1904 RS1S 
the local level, through the State Forester or 
equivalent State official. 
‘‘(2) SPECIAL CONSIDERATIONS.—Distribution of 
funds by the Secretary among States under para-
graph (1) shall be made only after giving appropriate 
consideration to—
‘‘(A) the acres of agricultural land, non-
industrial private forest land, and highly erod-
ible land in each State; 
‘‘(B) the miles of riparian buffer needed; 
‘‘(C) the miles of impaired stream segments 
and other impaired water bodies where forestry 
practices can be used to restore or protect water 
resources; 
‘‘(D) the number of owners of nonindustrial 
private forest land in each State; and 
‘‘(E) water quality cost savings that can be 
achieved through forest watershed management. 
‘‘(f) WILLING OWNERS.—
‘‘(1) IN GENERAL.—Participation of an owner of 
nonindustrial private forest land in the watershed 
forestry assistance program under this section is vol-
untary. 
‘‘(2) WRITTEN
CONSENT.—The watershed for-
estry assistance program shall not be carried out on
HR 1904 RS1S 
nonindustrial private forest land without the written 
consent of the owner of, or entity having definitive de-
cisionmaking over, the nonindustrial private forest 
land. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$15,000,000 for each of fiscal years 2004 through 2008.’’. 
SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE. 
(a) IN GENERAL.—The Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’), acting through 
the Chief of the Forest Service, shall provide technical, fi-
nancial, and related assistance to Indian tribes for the pur-
pose of expanding tribal stewardship capacities and activi-
ties through tribal forestry best-management practices and 
other means at the tribal level to address watershed issues 
on land under the jurisdiction of or administered by the 
Indian tribes. 
(b) TECHNICAL ASSISTANCE TO PROTECT WATER 
QUALITY.—
(1) IN GENERAL.—The Secretary, in cooperation 
with Indian tribes, shall develop a program to pro-
vide technical assistance to protect water quality, as 
described in paragraph (2). 
(2) PURPOSE OF PROGRAM.—The program under 
this subsection shall be designed—
HR 1904 RS1S 
(A) to build and strengthen watershed part-
nerships that focus on forested landscapes at the 
State, regional, tribal, and local levels; 
(B) to provide tribal forestry best-manage-
ment practices and water quality technical as-
sistance directly to Indian tribes; 
(C) to provide technical guidance to tribal 
land managers and policy makers for water 
quality protection through forest management; 
(D) to complement tribal efforts to protect 
water quality and provide enhanced opportuni-
ties for consultation and cooperation among Fed-
eral agencies and tribal entities charged with re-
sponsibility for water and watershed manage-
ment; and 
(E) to provide enhanced forest resource data 
and support for improved implementation and 
monitoring of tribal forestry best-management 
practices. 
(c) WATERSHED FORESTRY PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a watershed forestry program to be administered by 
Indian tribes. 
(2) PROGRAMS AND PROJECTS.—Funds or other 
support provided under the program shall be made
HR 1904 RS1S 
available for tribal forestry best-management prac-
tices programs and watershed forestry projects. 
(3) ANNUAL AWARDS.—The Secretary shall an-
nually make awards to Indian tribes to carry out this 
subsection. 
(4) PROJECT
ELEMENTS
AND
OBJECTIVES.—A 
watershed forestry project shall accomplish critical 
forest stewardship, watershed protection, and restora-
tion needs within land under the jurisdiction of or 
administered by an Indian tribe by demonstrating 
the value of trees and forests to watershed health and 
condition through—
(A) the use of trees as solutions to water 
quality problems; 
(B) application of and dissemination of 
monitoring information on forestry best-manage-
ment practices relating to watershed forestry; 
(C) watershed-scale forest management ac-
tivities and conservation planning; 
(D) the restoration of wetland and stream-
side forests and the establishment of riparian 
vegetative buffers; and 
(E) tribal-based planning, involvement, and 
action through State, tribal, local, and nonprofit 
partnerships.
HR 1904 RS1S 
(5) PRIORITIZATION.—An Indian tribe that par-
ticipates in the program under this subsection shall 
prioritize watersheds in land under the jurisdiction of 
or administered by the Indian tribe to target water-
shed forestry projects funded under this subsection. 
(6) WATERSHED
FORESTER.—The Secretary 
may provide to Indian tribes under this section fi-
nancial and technical assistance to establish a posi-
tion of tribal forester to lead tribal programs and co-
ordinate small watershed-level projects. 
(d) DISTRIBUTION.—The Secretary shall devote—
(1) at least 75 percent of the funds made avail-
able for a fiscal year under subsection (e) to the pro-
gram under subsection (c); and 
(2) the remainder of the funds to deliver tech-
nical assistance, education, and planning on the 
ground to Indian tribes. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$2,500,000 for each of fiscal years 2004 through 2008. 
TITLE 
IV—INSECT 
INFESTA-
TIONS 
AND 
RELATED 
DIS-
EASES 
SEC. 401. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that—
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(1) high levels of tree mortality resulting from 
insect infestation (including the interaction between 
insects and diseases) may result in—
(A) increased fire risk; 
(B) loss of old trees and old growth; 
(C) loss of threatened and endangered spe-
cies; 
(D) loss of species diversity; 
(E) degraded watershed conditions; 
(F) increased potential for damage from 
other agents of disturbance, including exotic, 
invasive species; and 
(G) decreased timber values; 
(2)(A) forest-damaging insects destroy hundreds 
of thousands of acres of trees each year; 
(B) in the West, more than 21,000,000 acres are 
at high risk of forest-damaging insect infestation, and 
in the South, more than 57,000,000 acres are at risk 
across all land ownerships; and 
(C) severe drought conditions in many areas of 
the South and West will increase the risk of forest-
damaging insect infestations; 
(3) the hemlock woolly adelgid is—
(A) destroying streamside forests throughout 
the mid-Atlantic and Appalachian regions;
HR 1904 RS1S 
(B) threatening water quality and sensitive 
aquatic species; and 
(C) posing a potential threat to valuable 
commercial timber land in northern New Eng-
land; 
(4)(A) the emerald ash borer is a nonnative, 
invasive pest that has quickly become a major threat 
to hardwood forests because an emerald ash borer in-
festation is almost always fatal to affected trees; and 
(B) the emerald ash borer pest threatens to de-
stroy more than 692,000,000 ash trees in forests in 
Michigan and Ohio alone, and between 5 and 10 per-
cent of urban street trees in the Upper Midwest; 
(5)(A) epidemic populations of Southern pine 
beetles are ravaging forests in Alabama, Arkansas, 
Florida, Georgia, Kentucky, Mississippi, North Caro-
lina, South Carolina, Tennessee, and Virginia; and 
(B) in 2001, Florida and Kentucky experienced 
146 percent and 111 percent increases, respectively, 
in Southern pine beetle populations; 
(6) those epidemic outbreaks of Southern pine 
beetles have forced private landowners to harvest dead 
and dying trees, in rural areas and increasingly ur-
banized settings;
HR 1904 RS1S 
(7) according to the Forest Service, recent out-
breaks of the red oak borer in Arkansas and Missouri 
have been unprecedented, with more than 1,000,000 
acres infested at population levels never seen before; 
(8) much of the damage from the red oak borer 
has taken place in national forests, and the Federal 
response has been inadequate to protect forest eco-
systems and other ecological and economic resources; 
(9)(A) previous silvicultural assessments, while 
useful and informative, have been limited in scale 
and scope of application; and 
(B) there have not been sufficient resources avail-
able to adequately test a full array of individual and 
combined applied silvicultural assessments; 
(10) only through the full funding, development, 
and assessment of potential applied silvicultural as-
sessments over specific time frames across an array of 
environmental and climatic conditions can the most 
innovative and cost effective management applica-
tions be determined that will help reduce the suscepti-
bility of forest ecosystems to attack by forest pests; 
(11)(A) often, there are significant interactions 
between insects and diseases; 
(B) many diseases (such as white pine blister 
rust, beech bark disease, and many other diseases) can
HR 1904 RS1S 
weaken trees and forest stands and predispose trees 
and forest stands to insect attack; and 
(C) certain diseases are spread using insects as 
vectors (including Dutch elm disease and pine pitch 
canker); and 
(12) funding and implementation of an initia-
tive to combat forest pest infestations and associated 
diseases should not come at the expense of supporting 
other programs and initiatives of the Secretary. 
(b) PURPOSES.—The purposes of this title are—
(1) to require the Secretary to develop an accel-
erated basic and applied assessment program to com-
bat infestations by forest-damaging insects and asso-
ciated diseases; 
(2) to enlist the assistance of colleges and univer-
sities (including forestry schools, land grant colleges 
and universities, and 1890 Institutions), State agen-
cies, and private landowners to carry out the pro-
gram; and 
(3) to carry out applied silvicultural assess-
ments. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPLIED SILVICULTURAL ASSESSMENT.—
HR 1904 RS1S 
(A) IN GENERAL.—The term ‘‘applied sil-
vicultural assessment’’ means any vegetative or 
other treatment carried out for a purpose de-
scribed in section 403. 
(B) INCLUSIONS.—The term ‘‘applied sil-
vicultural assessment’’ includes (but is not lim-
ited to) timber harvesting, thinning, prescribed 
burning, pruning, and any combination of those 
activities. 
(2) 1890 INSTITUTION.—
(A) IN GENERAL.—The term ‘‘1890 Institu-
tion’’ means a college or university that is eligi-
ble to receive funds under the Act of August 30, 
1890 (7 U.S.C. 321 et seq.). 
(B) INCLUSION.—The term ‘‘1890 Institu-
tion’’ includes Tuskegee University. 
(3) FOREST-DAMAGING INSECT.—The term ‘‘for-
est-damaging insect’’ means—
(A) a Southern pine beetle; 
(B) a mountain pine beetle; 
(C) a spruce bark beetle; 
(D) a gypsy moth; 
(E) a hemlock woolly adelgid; 
(F) an emerald ash borer; 
(G) a red oak borer;
HR 1904 RS1S 
(H) a white oak borer; and 
(I) such other insects as may be identified 
by the Secretary. 
(4) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means—
(A) the Secretary of Agriculture, acting 
through the Forest Service, with respect to Na-
tional Forest System land; and 
(B) the Secretary of the Interior, acting 
through appropriate offices of the United States 
Geological Survey, with respect to federally 
owned land administered by the Secretary of the 
Interior. 
SEC. 403. ACCELERATED INFORMATION GATHERING RE-
GARDING FOREST-DAMAGING INSECTS. 
(a) INFORMATION GATHERING.—The Secretary, acting 
through the Forest Service and United States Geological 
Survey, as appropriate, shall establish an accelerated pro-
gram—
(1) to plan, conduct, and promote comprehensive 
and systematic information gathering on forest-dam-
aging insects and associated diseases, including an 
evaluation of—
(A) infestation, prevention, and suppression 
methods;
100
HR 1904 RS1S 
(B) effects of infestations and associated 
disease interactions on forest ecosystems; 
(C) restoration of forest ecosystem efforts; 
(D) utilization options regarding infested 
trees; and 
(E) models to predict the occurrence, dis-
tribution, and impact of outbreaks of forest-dam-
aging insects and associated diseases; 
(2) to assist land managers in the development 
of treatments and strategies to improve forest health 
and reduce the susceptibility of forest ecosystems to se-
vere infestations of forest-damaging insects and asso-
ciated diseases on Federal land and State and private 
land; and 
(3) to disseminate the results of the information 
gathering, treatments, and strategies. 
(b) COOPERATION AND ASSISTANCE.—The Secretary 
shall—
(1) establish and carry out the program in co-
operation with—
(A) scientists from colleges and universities 
(including forestry schools, land grant colleges 
and universities, and 1890 Institutions); 
(B) Federal, State, and local agencies; and 
(C) private and industrial landowners; and
101
HR 1904 RS1S 
(2) designate such colleges and universities to as-
sist in carrying out the program. 
SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS. 
(a) ASSESSMENT EFFORTS.—For information gath-
ering and research purposes, the Secretary may conduct ap-
plied silvicultural assessments on Federal land that the Sec-
retary determines is at risk of infestation by, or is infested 
with, forest-damaging insects. 
(b) LIMITATIONS.—
(1) EXCLUSION OF CERTAIN AREAS.—Subsection 
(a) does not apply to—
(A) a component of the National Wilderness 
Preservation System; 
(B) any Federal land on which, by Act of 
Congress or Presidential proclamation, the re-
moval of vegetation is restricted or prohibited; 
(C) a congressionally-designated wilderness 
study area; or 
(D) an area in which activities under sub-
section (a) would be inconsistent with the appli-
cable land and resource management plan. 
(2) CERTAIN TREATMENT PROHIBITED.—Nothing 
in subsection (a) authorizes the application of insecti-
cides in municipal watersheds or associated riparian 
areas.
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Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(2) ADMINISTRATION.—Applied silvicultural as-
sessments and research treatments categorically ex-
cluded under paragraph (1)—
(A) shall not be carried out in an area that 
is adjacent to another area that is categorically 
excluded under paragraph (1) that is being 
treated with similar methods; and 
(B) shall be subject to the extraordinary cir-
cumstances procedures established by the Sec-
retary pursuant to section 1508.4 of title 40, 
Code of Federal Regulations. 
(3) MAXIMUM
CATEGORICAL
EXCLUSION.—The 
total number of acres categorically excluded under 
paragraph (1) shall not exceed 250,000 acres. 
(4) NO
ADDITIONAL
FINDINGS
REQUIRED.—In 
accordance with paragraph (1), the Secretary shall 
not be required to make any findings as to whether 
an applied silvicultural assessment project, either in-
dividually or cumulatively, has a significant effect on 
the environment.
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SEC. 405. RELATION TO OTHER LAWS. 
The authority provided to each Secretary under this 
title is supplemental to, and not in lieu of, any authority 
provided to the Secretaries under any other law. 
SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as 
are necessary to carry out this title for each of fiscal years 
2004 through 2008.
TITLE V—HEALTHY FORESTS 
RESERVE PROGRAM 
SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Agriculture 
shall establish the healthy forests reserve program for the 
purpose of restoring and enhancing forest ecosystems—
(1) to promote the recovery of threatened and en-
dangered 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 co-
ordination with the Secretary of the Interior and the Sec-
retary of Commerce.
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SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture, in co-
ordination with the Secretary of the Interior and the Sec-
retary of Commerce, shall describe and define forest eco-
systems 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 re-
store, enhance, or otherwise measurably increase the 
likelihood of recovery of a species listed as endangered 
or threatened under section 4 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1533); and 
(2) private land the enrollment of which will re-
store, enhance, or otherwise measurably improve the 
well-being of species that—
(A) are not listed as endangered or threat-
ened 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—
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(1) improve biological diversity; and 
(2) increase carbon sequestration. 
(d) ENROLLMENT BY WILLING OWNERS.—The Sec-
retary of Agriculture shall enroll land in the healthy forests 
reserve program only with the consent of the owner of the 
land. 
(e) MAXIMUM ENROLLMENT.—The total number of 
acres enrolled in the healthy forests reserve program shall 
not exceed 2,000,000 acres. 
(f) METHODS OF ENROLLMENT.—
(1) IN GENERAL.—Land may be enrolled in the 
healthy forests reserve program in accordance with—
(A) a 10-year cost-share agreement; 
(B) a 30-year agreement; or 
(C) a long-term easement with a buyback 
option. 
(2) PROPORTION.—The extent to which each en-
rollment method is used shall be based on the approxi-
mate proportion of owner interest expressed in that 
method in comparison to the other methods. 
(g) ENROLLMENT PRIORITY.—
(1) SPECIES.—The Secretary of Agriculture shall 
give priority to the enrollment of land that provides 
the greatest conservation benefit to—
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(A) primarily, species listed as endangered 
or threatened under section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. 1533); and 
(B) secondarily, species that—
(i) are not listed as endangered or 
threatened under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533); 
but 
(ii) are candidates for such listing, 
State-listed species, or special concern spe-
cies. 
(2) COST-EFFECTIVENESS.—The Secretary of Ag-
riculture shall also consider the cost-effectiveness of 
each agreement and easement, and their associated 
restoration plans, so as to maximize the environ-
mental 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. 
(b) PRACTICES.—The restoration plan shall require 
such restoration practices as are necessary to restore and 
enhance habitat for—
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(1) species listed as endangered or threatened 
under section 4 of the Endangered Species Act of 
1973 (16 U.S.C. 1533); and 
(2) animal or plant species before the species 
reach threatened or endangered status, such as can-
didate, State-listed species, and special concern spe-
cies. 
SEC. 504. FINANCIAL ASSISTANCE. 
(a) LONG-TERM EASEMENT WITH BUYBACK OP-
TION.—
(1) PAYMENT AMOUNT.—In the case of land en-
rolled in the healthy forests reserve program using a 
long-term easement (with a minimum length of 99 
years) with a buyback option, the Secretary of Agri-
culture 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)—
(A) 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 
(B) the actual costs of the approved con-
servation practices or the average cost of ap-
proved practices carried out on the land during 
the period the land is subject to the easement.
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(2) BUY-BACK OPTION.—In the case of land en-
rolled in the healthy forests reserve program using a 
long-term easement with a buyback option, beginning 
on the date that is 50 years after the date of enroll-
ment of the land, and every 10 years thereafter, the 
owner of the land shall be permitted to purchase the 
easement back from the United States for an amount 
equal to not more than (as determined by the Sec-
retary)—
(A) the percentage of the fair market value 
the owner received for the easement under para-
graph (1); and 
(B) the costs, adjusted by the Secretary to 
reflect changes in the Consumer Price Index for 
all-urban consumers, as published by the Bureau 
of Labor Statistics, of the approved conservation 
practices necessary for establishment of the ease-
ment. 
(3) FUNDS.—All funds returned to the United 
States under this subsection shall be used to carry out 
the healthy forests reserve program. 
(b) 30-YEAR AGREEMENT.— In the case of land en-
rolled in the healthy forests reserve program using a 30-
year agreement, the Secretary of Agriculture shall pay the
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in agreements and easements) under the healthy forests re-
serve program. 
(b) TECHNICAL SERVICE PROVIDERS.—The Secretary 
of Agriculture may request the services of, and enter into 
cooperative agreements with, individuals or entities cer-
tified as technical service providers under section 1242 of 
the Food Security Act of 1985 (16 U.S.C. 3842), to assist 
the Secretary in providing technical assistance necessary to 
develop and implement the healthy forests reserve program. 
SEC. 506. PROTECTIONS AND MEASURES 
(a) PROTECTIONS.—In the case of a landowner that 
enrolls land in the program and whose conservation activi-
ties 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 assur-
ances 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) re-
quires 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
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of the restoration plan for purposes of financial assistance 
under section 504. 
SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANI-
ZATIONS. 
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—PUBLIC LAND CORPS 
SEC. 601. PURPOSES. 
The purposes of this title are—
(1) to carry out, in a cost-effective and efficient 
manner, rehabilitation, enhancement, and beautifi-
cation projects;
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(2) to offer young people, ages 16 through 25, 
particularly those who are at-risk or economically 
disadvantaged, the opportunity to gain productive 
employment and exposure to the world of work; 
(3) to give those young people the opportunity to 
serve their communities and their country; and 
(4) to expand educational opportunities by re-
warding individuals who participate in the Public 
Land Corps with an increased ability to pursue high-
er education or job training. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) ALASKA
NATIVE
CORPORATION.—The term 
‘‘Alaska Native Corporation’’ means a Regional Cor-
poration or Village Corporation, as defined in section 
101(11) of the National and Community Service Act 
of 1990 (42 U.S.C. 12511(11)). 
(2) CORPS.—The term ‘‘Corps’’ means the Public 
Land Corps established under section 603(a). 
(3) HAWAIIAN HOME LANDS.—The term ‘‘Ha-
waiian home lands’’ means that term, within the 
meaning of the National and Community Service Act 
of 1990 (42 U.S.C. 12501 et seq.). 
(4) INDIAN LANDS.—The term ‘‘Indian lands’’ 
has the meaning given the term in section 101 of the
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National and Community Service Act of 1990 (42 
U.S.C. 12511). 
(5) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means—
(A) the Secretary of Agriculture; and 
(B) the Secretary of the Interior. 
(6) SERVICE AND CONSERVATION CORPS.—The 
term ‘‘service and conservation corps’’ means any or-
ganization established by a State or local government, 
nonprofit organization, or Indian tribe that—
(A) has a demonstrable capability to pro-
vide productive work to individuals; 
(B) gives participants a combination of 
work experience, basic and life skills, education, 
training, and support services; and 
(C) provides participants with the oppor-
tunity to develop citizenship values through serv-
ice to their communities and the United States. 
(7) STATE.—The term ‘‘State’’ means—
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa;
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(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands. 
SEC. 603. PUBLIC LAND CORPS. 
(a) ESTABLISHMENT.—There is established a Public 
Land Corps. 
(b) PARTICIPANTS.—The Corps shall consist of indi-
viduals who are enrolled as members of a service or con-
servation corps. 
(c) CONTRACTS
OR AGREEMENTS.—The Secretaries 
may enter into contracts or cooperative agreements—
(1) directly with any service and conservation 
corps to perform appropriate rehabilitation, enhance-
ment, or beautification projects; or 
(2) with a department of natural resources, agri-
culture, or forestry (or an equivalent department) of 
any State that has entered into a contract or coopera-
tive agreement with a service and conservation corps 
to perform appropriate rehabilitation, enhancement, 
or beautification projects. 
(d) PROJECTS.—
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(1) IN GENERAL.—The Secretaries may use the 
members of a service and conservation corps to per-
form rehabilitation, enhancement, or beautification 
projects authorized by law. 
(2) INCLUDED
LAND.—In addition to Federal 
and State lands, the projects may be carried out on—
(A) Indian lands, with the approval of the 
applicable Indian tribe; 
(B) Hawaiian home lands, with the ap-
proval of the relevant State agency in the State 
of Hawaii; and 
(C) Alaska native lands, with the approval 
of the applicable Alaska Native Corporation. 
(e) PREFERENCE.—In carrying out this title, the Sec-
retaries shall give preference to projects that will—
(1) provide long-term benefits by reducing haz-
ardous fuels on Federal land; 
(2) instill in members of the service and con-
servation corps—
(A) a work ethic; 
(B) a sense of personal responsibility; and 
(C) a sense of public service; 
(3) be labor intensive; and 
(4) be planned and initiated promptly.
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(f) SUPPORTIVE SERVICES.—The Secretaries may pro-
vide such services as the Secretaries consider necessary to 
carry out this title. 
(g) TECHNICAL ASSISTANCE.—To carry out this title, 
the Secretaries shall provide technical assistance, oversight, 
monitoring, and evaluation to—
(1) State Departments of Natural Resources and 
Agriculture (or equivalent agencies); and 
(2) members of service and conservation corps. 
SEC. 604. NONDISPLACEMENT. 
The nondisplacement requirements of section 177(b) of 
the National and Community Service Act of 1990 (42 
U.S.C. 12637(b)) shall apply to activities carried out by 
the Corps under this title. 
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title $15,000,000 for each of fiscal years 2004 through 
2008. 
TITLE VII—RURAL COMMUNITY 
FORESTRY ENTERPRISE PRO-
GRAM 
SEC. 701. PURPOSE 
The purpose of this title is to assist in the economic 
revitalization of rural forest resource-dependent commu-
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nities through incentives to promote investment in private 
enterprise and community development by—
(1) the Department of Agriculture; 
(2) the Department of the Interior; 
(3) the Department of Commerce; 
(4) the Small Business Administration; 
(5) land grant colleges and universities; and 
(6) 1890 Institutions. 
SEC. 702. DEFINITIONS. 
In this title: 
(1) 1890 INSTITUTION.—The term ‘‘1890 Institu-
tion’’ has the meaning given the term in section 2 of 
the Agricultural Research, Extension, and Education 
Reform Act of 1998 (7 U.S.C. 7601). 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
(A) a unit of State or local government; 
(B) an Indian tribe; 
(C) a nonprofit organization; 
(D) a small forest products business; 
(E) a rural forest resource-dependent com-
munity; 
(F) a land grant college or university; or 
(G) an 1890 institution.
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(3) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a project described in section 703 that 
will promote the economic development in rural forest 
resource-dependent communities based on—
(A) responsible forest stewardship; 
(B) the production of sustainable forest 
products; or 
(C) the development of forest related tourism 
and recreation activities. 
(4) FOREST PRODUCTS.—The term ‘‘forest prod-
ucts’’ means—
(A) logs; 
(B) lumber; 
(C) chips; 
(D) small-diameter finished wood products; 
(E) energy biomass; 
(F) mulch; and 
(G) any other material derived from forest 
vegetation or individual trees or shrubs. 
(5) NONPROFIT ORGANIZATION.—The term ‘‘non-
profit organization’’ means an organization that is—
(A) described in section 501(c) of the Inter-
nal Revenue Code of 1986; and 
(B) exempt from taxation under 501(a) of 
that Code.
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(6) PROGRAM.—The term ‘‘program’’ means the 
rural community forestry enterprise program estab-
lished under section 703. 
(7) SMALL FOREST PRODUCTS BUSINESS.—The 
term ‘‘small forest products business’’ means a small 
business concern (as defined under section 3 of the 
Small Business Act (15 U.S.C. 632)) that is classified 
under subsector 113 or code number 115310 of the 
North American Industrial Classification System. 
(8) RURAL FOREST RESOURCE-DEPENDENT COM-
MUNITY.—
(A) IN GENERAL.—The term ‘‘rural forest 
resource-dependent community’’ means a com-
munity located in a rural area of the United 
States that is traditionally dependent on forestry 
products as a primary source of community in-
frastructure. 
(B) INCLUSIONS.—The term ‘‘rural forest 
resource-dependent community’’ includes a com-
munity described in subparagraph (A) located 
in—
(i) the northern forest land of Maine; 
(ii) New Hampshire; 
(iii) New York; 
(iv) Vermont;
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(v) the Upper Peninsula of Michigan; 
(vi) northern California; 
(vii) eastern Oregon; 
(viii) the Bitterrroot Valley of Mon-
tana; 
(ix) the northern panhandle of Idaho; 
and 
(x) other areas, as determined by the 
Secretary. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Chief 
of the Forest Service. 
SEC. 703. RURAL COMMUNITY FORESTRY ENTERPRISE PRO-
GRAM. 
(a) IN GENERAL.—
(1) ESTABLISHMENT.—The Secretary shall estab-
lish within the Forest Service a program to be known 
as the ‘‘Rural Community Forestry Enterprise Pro-
gram’’. 
(2) COORDINATION.—In carrying out the pro-
gram, the Secretary shall coordinate with—
(A) the Small Business Administration; 
(B) the Economic Development Administra-
tion; 
(C) land grant colleges and universities;
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(D) 1890 institutions; and 
(E) other agencies of the Department of Ag-
riculture that administer rural development pro-
grams. 
(b) PURPOSES.—The purposes of the program are—
(1) to enhance technical and business manage-
ment skills training; 
(2) to organize cooperatives and marketing pro-
grams; 
(3) to establish and maintain timber worker skill 
pools; 
(4) to establish and maintain forest product dis-
tribution networks and collection centers; 
(5) to facilitate technology transfer for processing 
small diameter trees and brush into useful products; 
(6) to develop, where support exists, a program 
to promote science-based technology implementation 
and technology transfer that expands the capacity for 
small forest product businesses to work within market 
areas; 
(7) to promote forest-related tourism and rec-
reational activities; 
(8) to enhance the rural forest business infra-
structure needed to reduce hazardous fuels on public 
and private land; and
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(9) to carry out related programs and activities, 
as determined by the Secretary. 
(c) FOREST ENTERPRISE CENTERS.—The Secretary 
shall establish at least 1 Forest Enterprise Center at each 
Research Station of the Forest Service, to be located at a 
forest science laboratory—
(1) to carry out eligible projects; and 
(2) to coordinate assistance provided to small 
forest products businesses with—
(A) the Small Business Administration, in-
cluding the timber set-aside program carried out 
by the Small Business Administration; 
(B) the Rural Utilities Service, the Rural 
Housing Service, and the Rural Business-Coop-
erative Service of the Department of Agriculture; 
and 
(C) the Economic Development Administra-
tion, including the local technical assistance pro-
gram of the Economic Development Administra-
tion. 
(d) FOREST ENTERPRISE TECHNICAL ASSISTANCE 
AND GRANT PROGRAM.—
(1) IN GENERAL.—The Secretary, acting through 
the Forest Enterprise Centers established under sub-
section (c), shall establish a program to provide tech-
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nical assistance and grants to eligible entities to 
carry out eligible projects. 
(2) CRITERIA.—The Secretary shall work with 
each Forest Enterprise Center to develop appropriate 
program review and prioritization criteria for each 
Research Station. 
(3) MATCHING FUNDS.—Grants under this sec-
tion shall—
(A) not exceed 50 percent of the cost of an 
eligible project; and 
(B) be made on the condition that non-Fed-
eral sources pay for the remainder of the cost of 
an eligible project (including payment through 
in-kind contributions of services or materials). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out 
this subsection $15,000,000 for each of fiscal years 
2004 through 2008. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. FOREST INVENTORY AND MANAGEMENT. 
Section 17 of the Cooperative Forestry Assistance Act 
of 1978 (16 U.S.C. 2101 note; Public Law 95313) is amend-
ed to read as follows:
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‘‘SEC. 17. FOREST INVENTORY AND MANAGEMENT. 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program using geospatial and information management 
technologies (including remote sensing imaging and deci-
sion support systems) to inventory, monitor, characterize, 
assess, and identify forest stands and potential forest stands 
(with emphasis on hardwood forest stands) on—
‘‘(1) in units of the National Forest System; and 
‘‘(2) on private forest land, with the consent of 
the owner of the land. 
‘‘(b) MEANS.—The Secretary shall carry out the pro-
gram through the use of—
‘‘(1) remote sensing technology of the National 
Aeronautics and Space Administration and the 
United States Geological Survey; 
‘‘(2) emerging geospatial capabilities in research 
activities; 
‘‘(3) validating techniques using application 
demonstrations; and 
‘‘(4) integration of results into pilot operational 
systems. 
‘‘(c) ISSUES TO BE ADDRESSED.—In carrying out the 
program, the Secretary shall address issues including—
‘‘(1) early detection, identification, and assess-
ment of environmental threats (including insect, dis-
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ease, invasive species, fire, acid deposition, and 
weather-related risks and other episodic events); 
‘‘(2) loss or degradation of forests; 
‘‘(3) degradation of the quality forest stands 
caused by inadequate forest regeneration practices; 
‘‘(4) quantification of carbon uptake rates; and 
‘‘(5) management practices that focus on pre-
venting further forest degradation. 
‘‘(d) 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 man-
agers 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 cen-
tury, that could be environmentally and economically 
devastating to forests. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2004 through 2009.’’. 
SEC. 802. PROGRAM FOR EMERGENCY TREATMENT AND RE-
DUCTION OF NONNATIVE INVASIVE PLANTS. 
(a) DEFINITIONS.—In this section:
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(1) INTERFACE COMMUNITY.—The term ‘‘inter-
face community’’ has the meaning given the term in 
the notice published at 66 Fed. Reg. 751 (January 4, 
2001) (including any subsequent revision to the no-
tice). 
(2) INTERMIX COMMUNITY.—The term ‘‘intermix 
community’’ has the meaning given the term in the 
notice published at 66 Fed. Reg. 751 (January 4, 
2001) (including any subsequent revision to the no-
tice). 
(3) PLANT.—The term ‘‘plant’’ includes—
(A) a tree; 
(B) a shrub; and 
(C) a vine. 
(4) PROGRAM.—The term ‘‘program’’ means the 
program for emergency treatment and reduction of 
nonnative invasive plants established under sub-
section (b)(1). 
(5) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means the Secretary of Agriculture and the Secretary 
of the Interior, acting jointly. 
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretaries shall establish 
a program for emergency treatment and reduction of 
nonnative invasive plants to provide to State and
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local governments and agencies, conservation districts, 
tribal governments, and willing private landowners 
grants for use in carrying out hazardous fuel reduc-
tion projects to address threats of catastrophic fires 
that have been determined by the Secretaries to pose 
a serious threat to—
(A) property; 
(B) human life; or 
(C) the ecological stability of an area. 
(2) COORDINATION.—In carrying out the pro-
gram, the Secretaries shall coordinate with such Fed-
eral agencies, State and local governments and agen-
cies, and conservation districts as are affected by 
projects under the program. 
(c) ELIGIBLE LAND.—A project under the program 
shall—
(1) be carried out only on land that is located—
(A) in an interface community or intermix 
community; or 
(B) in such proximity to an interface com-
munity or intermix community as would pose a 
significant risk in the event of the spread of a 
fire disturbance event from the land (including 
a risk that would threaten human life or prop-
erty in proximity to or within the interface com-
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munity or intermix community), as determined 
by the Secretaries; 
(2) remove fuel loads determined by the Secre-
taries, a State or local government, a tribal govern-
ment, or a private landowner to pose a serious threat 
to—
(A) property; 
(B) human life; or 
(C) the ecological stability of an area; and 
(3) involve the removal of nonnative invasive 
plants. 
(d) USE OF FUNDS.—Funds made available for a 
project under the program shall be used only for—
(1) the removal of plants or other potential fuels 
that are—
(A) adjacent to or within the wildland 
urban interface; or 
(B) adjacent to a municipal watershed, 
river, or water course; 
(2) the removal of erosion structures that impede 
the removal of nonnative plants; or 
(3) the replanting of native vegetation to reduce 
the reestablishment of nonnative invasive plants in a 
treatment area. 
(e) REVOLVING FUND.—
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(1) IN GENERAL.—In the case of a grant pro-
vided to a willing owner to carry out a project on 
non-Federal land under this section, the owner shall 
deposit into a revolving fund established by the Secre-
taries any proceeds derived from the sale of timber or 
biomass removed from the non-Federal land under the 
project. 
(2) USE.—The Secretaries shall use amounts in 
the revolving fund to make additional grants under 
this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section, to remain available until ex-
pended. 
SEC. 803. USDA NATIONAL AGROFORESTRY CENTER. 
(a) IN GENERAL.—Section 1243 of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (16 U.S.C. 
1642 note; Public Law 101–624) is amended—
(1) by striking the section heading and inserting 
the following: 
‘‘SEC. 1243. USDA NATIONAL AGROFORESTRY CENTER.’’; 
and 
(2) in subsection (a)—
(A) by striking ‘‘SEMIARID’’ and inserting 
‘‘USDA NATIONAL’’; and
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(B) by striking ‘‘Semiarid’’ and inserting 
‘‘USDA National’’. 
(b) PROGRAM.—Section 1243(b) of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (16 U.S.C. 
1642 note; Public Law 101–624) is amended—
(1) by inserting ‘‘local governments, community 
organizations, the Institute of Tropical Forestry and 
the Institute of Pacific Islands Forestry of the Forest 
Service,’’ after ‘‘entities,’’; 
(2) in paragraph (1), by striking ‘‘on semiarid 
lands’’; 
(3) in paragraph (3), by striking ‘‘from semiarid 
land’’; 
(4) by striking paragraph (4) and inserting the 
following: 
‘‘(4) collect information on the design, installa-
tion, and function of forested riparian and upland 
buffers to—
‘‘(A) protect water quality; and 
‘‘(B) manage water flow;’’; 
(5) in paragraphs (6) and (7), by striking ‘‘on 
semiarid lands’’ each place it appears; 
(6) by striking paragraph (8) and inserting the 
following:
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‘‘(8) provide international leadership in the 
worldwide development and exchange of agroforestry 
practices;’’; 
(7) in paragraph (9), by striking ‘‘on semiarid 
lands’’; 
(8) in paragraph (10), by striking ‘‘and’’ at the 
end; 
(9) in paragraph (11), by striking the period at 
the end and inserting a semicolon; and 
(10) by adding at the end the following: 
‘‘(12) quantify the carbon storage potential of 
agroforestry practices such as—
‘‘(A) windbreaks; 
‘‘(B) forested riparian buffers; 
‘‘(C) silvopasture timber and grazing sys-
tems; and 
‘‘(D) alley cropping; and 
‘‘(13) modify and adapt riparian forest buffer 
technology used on agricultural land for use by com-
munities to manage stormwater runoff.’’. 
SEC. 804. UPLAND HARDWOODS RESEARCH CENTER. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Agriculture 
shall establish an Upland Hardwood Research Center.
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(b) LOCATION.—The Secretary of Agriculture shall lo-
cate the Research Center in an area that, as determined 
by the Secretary of Agriculture, would best use and study 
the upland hardwood resources of the Ozark Mountains and 
the South. 
(c) DUTIES.—The Upland Hardwood Research Center 
shall, in conjunction with the Southern Forest Research 
Station of the Department of Agriculture—
(1) provide the scientific basis for sustainable 
management of southern upland hardwood forests, 
particularly in the Ozark Mountains and associated 
mountain and upland forests; and 
(2) conduct research in all areas to emphasize 
practical application toward the use and preservation 
of upland hardwood forests, particularly—
(A) the effects of pests and pathogens on up-
land hardwoods; 
(B) hardwood stand regeneration and re-
productive biology; 
(C) upland hardwood stand management 
and forest health; 
(D) threatened, endangered, and sensitive 
aquatic and terrestrial fauna; 
(E) ecological processes and hardwood eco-
system restoration; and
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(F) education and outreach to nonindus-
trial private forest landowners and associations. 
(d) RESEARCH.—In carrying out the duties under sub-
section (c), the Upland Hardwood Research Center shall—
(1) cooperate with the Center for Bottomland 
Hardwood Research of the Southern Forest Research 
Station of the Department of Agriculture, located in 
Stoneville, Mississippi; and 
(2) provide comprehensive research in the Mid-
South region of the United States, the Upland Forests 
Ecosystems Unit of the Southern Forest Research Sta-
tion of the Department of Agriculture, located in 
Monticello, Arkansas. 
(e) PARTICIPATION OF PRIVATE LANDOWNERS.—The 
Secretary of Agriculture shall encourage and facilitate the 
participation of private landowners in the program under 
this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$2,500,000 for each of fiscal years 2004 through 2008. 
SEC. 805. SENSE OF CONGRESS REGARDING ENHANCED 
COMMUNITY FIRE PROTECTION. 
It is the sense of Congress to reaffirm the importance 
of enhanced community fire protection program, as de-
scribed in section 10A of the Cooperative Forestry Assist-
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ance Act of 1978 (16 U.S.C. 2106c) (as added by section 
8003(b) of the Farm Security and Rural Investment Act 
of 2002 (Public Law 107–171; 116 Stat. 473)).
Amend the title so as to read: ‘‘An Act to improve 
the capacity of the Secretary of Agriculture and the Sec-
retary of the Interior to conduct hazardous fuels reduc-
tion projects on National Forest System lands and Bu-
reau 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 land-
scape, and for other purposes.’’.