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mal or agricultural enterprise in violation of sub-
section (b).’’.
TITLE VIII—FORESTRY
INITIATIVES
SEC. 801. REPEAL OF FORESTRY INCENTIVES PROGRAM
AND STEWARDSHIP INCENTIVE PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is
amended by striking section 4 (16 U.S.C. 2103) and sec-
tion 6 (16 U.S.C. 2103b).
SEC. 802. ESTABLISHMENT OF FOREST LAND ENHANCE-
MENT PROGRAM.
(a) FINDINGS.—Congress finds the following:
(1) There is a growing dependence on private
nonindustrial forest lands to supply the necessary
market commodities and nonmarket values, such as
habitat for fish and wildlife, aesthetics, outdoor
recreation opportunities, and other forest resources,
required by a growing population.
(2) There is a strong demand for expanded as-
sistance programs for owners of nonindustrial pri-
vate forest land since the majority of the wood sup-
ply of the United States comes from nonindustrial
private forest land.
(3) The soil, carbon stores, water and air qual-
ity of the United States can be maintained and im-
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proved through good stewardship of nonindustrial
private forest lands.
(4) The products and services resulting from
stewardship of nonindustrial private forest lands
provide income and employment that contribute to
the economic health and diversity of rural commu-
nities.
(5) Wildfires threaten human lives, property,
forests, and other resources, and Federal and State
cooperation in forest fire prevention and control has
proven effective and valuable, in that properly man-
aged forest stands are less susceptible to cata-
strophic fire, as dramatized by the catastrophic fire
seasons of 1998 and 2000.
(6) Owners of private nonindustrial forest lands
are being faced with increased pressure to convert
their forestland to development and other uses.
(7) Complex, long-rotation forest investments,
including sustainable hardwood management, are
often the most difficult commitment for small, non-
industrial private forest landowners and, thus,
should receive equal consideration under cost-share
programs.
(8) The investment of one Federal dollar in
State and private forestry programs is estimated to
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leverage $9 on average from State, local, and private
sources.
(b) PURPOSE.—It is the purpose of this section to
strengthen the commitment of the Department of Agri-
culture to sustainable forestry and to establish a coordi-
nated and cooperative Federal, State, and local sustain-
able forest program for the establishment, management,
maintenance, enhancement, and restoration of forests on
nonindustrial private forest lands in the United States.
(c) FOREST LAND ENHANCEMENT PROGRAM.—The
Cooperative Forestry Assistance Act of 1978 is amended
by inserting after section 3 (16 U.S.C. 2102) the following
new section 4:
‘‘SEC. 4. FOREST LAND ENHANCEMENT PROGRAM.
‘‘(a) ESTABLISHMENT.—
‘‘(1) ESTABLISHMENT; PURPOSE.—The Sec-
retary shall establish a Forest Land Enhancement
Program (in this section referred to as the ‘Pro-
gram’) for the purpose of providing financial, tech-
nical, educational, and related assistance to State
foresters to encourage the long-term sustainability of
nonindustrial private forest lands in the United
States by assisting the owners of such lands in more
actively managing their forest and related resources
by utilizing existing State, Federal, and private sec-
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tor resource management expertise, financial assist-
ance, and educational programs.
‘‘(2) ADMINISTRATION.—The Secretary shall
carry out the Program within, and administer the
Program through, the Natural Resources Conserva-
tion Service.
‘‘(3) COORDINATION.—The Secretary shall im-
plement the Program in coordination with State for-
esters.
‘‘(b) PROGRAM OBJECTIVES.—In implementing the
Program, the Secretary shall target resources to achieve
the following objectives:
‘‘(1) Investment in practices to establish, re-
store, protect, manage, maintain, and enhance the
health and productivity of the nonindustrial private
forest lands in the United States for timber, habitat
for flora and fauna, water quality, and wetlands.
‘‘(2) Ensuring that afforestation, reforestation,
improvement of poorly stocked stands, timber stand
improvement, practices necessary to improve seed-
ling growth and survival, and growth enhancement
practices occur where needed to enhance and sustain
the long-term productivity of timber and nontimber
forest resources to help meet future public demand
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for all forest resources and provide environmental
benefits.
‘‘(3) Reduce the risks and help restore, recover,
and mitigate the damage to forests caused by fire,
insects, invasive species, disease, and damaging
weather.
‘‘(4) Increase and enhance carbon sequestration
opportunities.
‘‘(5) Enhance implementation of agroforestry
practices.
‘‘(6) Maintain and enhance the forest landbase
and leverage State and local financial and technical
assistance to owners that promote the same con-
servation and environmental values.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—An owner of nonindustrial
private forest land is eligible for cost-sharing assist-
ance under the Program if the owner—
‘‘(A) agrees to develop and implement an
individual stewardship, forest, or stand manage-
ment plan addressing site specific activities and
practices in cooperation with, and approved by,
the State forester, state official, or private sec-
tor program in consultation with the State for-
ester;
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‘‘(B) agrees to implement approved activi-
ties in accordance with the plan for a period of
not less than 10 years, unless the State forester
approves a modification to such plan; and
‘‘(C) meets the acreage restrictions as de-
termined by the State forester in conjunction
with the State Forest Stewardship Coordinating
Committee established under section 19.
‘‘(2) STATE
PRIORITIES.—The Secretary, in
consultation with the State forester and the State
Forest Stewardship Coordinating Committee may
develop State priorities for cost sharing under the
Program that will promote forest management objec-
tives in that State.
‘‘(3) DEVELOPMENT OF PLAN.—An owner shall
be eligible for cost-share assistance for the develop-
ment of the individual stewardship, forest, or stand
management plan required by paragraph (1).
‘‘(d) APPROVED ACTIVITIES.—
‘‘(1) DEVELOPMENT.—The Secretary, in con-
sultation with the State forester and the State For-
est Stewardship Coordinating Committee, shall de-
velop a list of approved forest activities and prac-
tices that will be eligible for cost-share assistance
under the Program within each State.
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‘‘(2) TYPE OF ACTIVITIES.—In developing a list
of approved activities and practices under paragraph
(1), the Secretary shall attempt to achieve the estab-
lishment, restoration, management, maintenance,
and enhancement of forests and trees for the fol-
lowing:
‘‘(A) The sustainable growth and manage-
ment of forests for timber production.
‘‘(B) The restoration, use, and enhance-
ment of forest wetlands and riparian areas.
‘‘(C) The protection of water quality and
watersheds through the application of State-de-
veloped forestry best management practices.
‘‘(D) Energy conservation and carbon se-
questration purposes.
‘‘(E) Habitat for flora and fauna.
‘‘(F) The control, detection, and moni-
toring of invasive species on forestlands as well
as preventing the spread and providing for the
restoration of lands affected by invasive species.
‘‘(G) Hazardous fuels reduction and other
management activities that reduce the risks and
help restore, recover, and mitigate the damage
to forests caused by fire.
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the State forester, to such owner for implementing
the practices under an approved plan. The maximum
payments to any one owner shall be determined by
the Secretary.
‘‘(4) CONSULTATION.—The Secretary shall
make determinations under this subsection in con-
sultation with the State forester.
‘‘(g) RECAPTURE.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a mechanism to recapture pay-
ments made to an owner in the event that the owner
fails to implement any approved activity specified in
the individual stewardship, forest, or stand manage-
ment plan for which such owner received cost-share
payments.
‘‘(2) ADDITIONAL REMEDY.—The remedy pro-
vided in paragraph (1) is in addition to any other
remedy available to the Secretary.
‘‘(h) DISTRIBUTION.—The Secretary shall distribute
funds available for cost sharing under the Program among
the States only after giving appropriate consideration to—
‘‘(1) the total acreage of nonindustrial private
forest land in each State;
‘‘(2) the potential productivity of such land;
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‘‘(3) the number of owners eligible for cost
sharing in each State;
‘‘(4) the opportunities to enhance non-timber
resources on such forest lands;
‘‘(5) the anticipated demand for timber and
nontimber resources in each State;
‘‘(6) the need to improve forest health to mini-
mize the damaging effects of catastrophic fire, in-
sects, disease, or weather; and
‘‘(7) the need and demand for agroforestry
practices in each State.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) 
NONINDUSTRIAL
PRIVATE
FOREST
LANDS.—The term ‘nonindustrial private forest
lands’ means rural lands, as determined by the Sec-
retary, that—
‘‘(A) have existing tree cover or are suit-
able for growing trees; and
‘‘(B) are owned or controlled by any non-
industrial private individual, group, association,
corporation, Indian tribe, or other private legal
entity (other than a nonprofit private legal enti-
ty) so long as the individual, group, association,
corporation, tribe, or entity has definitive deci-
sion-making authority over the lands, including
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through long-term leases and other land tenure
systems, for a period of time long enough to en-
sure compliance with the Program.
‘‘(2) OWNER.—The term ‘owner’ includes a pri-
vate individual, group, association, corporation, In-
dian tribe, or other private legal entity (other than
a nonprofit private legal entity) that has definitive
decision-making authority over nonindustrial private
forest lands through a long-term lease or other land
tenure systems.
‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(4) STATE FORESTER.—The term ‘State for-
ester’ means the director or other head of a State
Forestry Agency or equivalent State official.
‘‘(j) AVAILABILITY OF FUNDS.—The Secretary shall
use $200,000,000 of funds of the Commodity Credit Cor-
poration to carry out the Program during the period be-
ginning on October 1, 2001, and ending on September 30,
2011.’’.
(d) CONFORMING AMENDMENT.—Section 246(b)(2)
of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6962(b)(2)) is amended by striking ‘‘for-
estry incentive program’’ and inserting ‘‘Forest Land En-
hancement Program’’.
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SEC. 803. RENEWABLE RESOURCES EXTENSION ACTIVITIES.
(a) EXTENSION AND AUTHORIZATION INCREASE.—
Section 6 of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1675) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting
‘‘$30,000,000’’; and
(2) by striking ‘‘2002’’ and inserting ‘‘2011’’.
(b) SUSTAINABLE FORESTRY OUTREACH INITIA-
TIVE.—The Renewable Resources Extension Act of 1978
is amended by inserting after section 5A (16 U.S.C.
1674a) the following new section:
‘‘SEC. 5B. SUSTAINABLE FORESTRY OUTREACH INITIATIVE.
‘‘The Secretary shall establish a program to be known
as the ‘Sustainable Forestry Outreach Initiative’ for the
purpose of educating landowners regarding the following:
‘‘(1) The value and benefits of practicing sus-
tainable forestry.
‘‘(2) The importance of professional forestry
advice in achieving their sustainable forestry objec-
tives.
‘‘(3) The variety of public and private sector re-
sources available to assist them in planning for and
practicing sustainable forestry.’’.
SEC. 804. ENHANCED COMMUNITY FIRE PROTECTION.
(a) FINDINGS.—Congress finds the following:
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(1) The severity and intensity of wildland fires
has increased dramatically over the past few decades
as a result of past fire and land management poli-
cies.
(2) The record 2000 fire season is a prime ex-
ample of what can be expected if action is not taken.
(3) These wildfires threaten not only the na-
tion’s forested resources, but the thousands of com-
munities intermingled with the wildlands in the
wildland-urban interface.
(4) The National Fire Plan developed in re-
sponse to the 2000 fire season is the proper, coordi-
nated, and most effective means to address this wild-
fire issue.
(5) Whereas adequate authorities exist to tackle
the wildfire issues at the landscape level on Federal
lands, there is limited authority to take action on
most private lands where the largest threat to life
and property lies.
(6) There is a significant Federal interest in en-
hancing community protection from wildfire.
(b) ENHANCED PROTECTION.—The Cooperative For-
estry Assistance Act of 1978 is amended by inserting after
section 10 (16 U.S.C. 2106) the following new section:
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‘‘SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION.
‘‘(a) COOPERATIVE
MANAGEMENT
RELATED
TO
WILDFIRE THREATS.—The Secretary may cooperate with
State foresters and equivalent State officials in the man-
agement of lands in the United States for the following
purposes:
‘‘(1) Aid in wildfire prevention and control.
‘‘(2) Protect communities from wildfire threats.
‘‘(3) Enhance the growth and maintenance of
trees and forests that promote overall forest health.
‘‘(4) Ensure the continued production of all for-
est resources, including timber, outdoor recreation
opportunities, wildlife habitat, and clean water,
through conservation of forest cover on watersheds,
shelterbelts, and windbreaks.
‘‘(b) COMMUNITY AND PRIVATE LAND FIRE ASSIST-
ANCE PROGRAM.—
‘‘(1) ESTABLISHMENT; PURPOSE.—The Sec-
retary shall establish a Community and Private
Land Fire Assistance program (in this section re-
ferred to as the ‘Program’)—
‘‘(A) to focus the Federal role in pro-
moting optimal firefighting efficiency at the
Federal, State, and local levels;
‘‘(B) to augment Federal projects that es-
tablish landscape level protection from wildfires;
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‘‘(C) to expand outreach and education
programs to homeowners and communities
about fire prevention; and
‘‘(D) to establish defensible space around
private landowners homes and property against
wildfires.
‘‘(2) 
ADMINISTRATION
AND
IMPLEMENTA-
TION.—The Program shall be administered by the
Forest Service and implemented through the State
forester or equivalent State official.
‘‘(3) COMPONENTS.—In coordination with exist-
ing authorities under this Act, the Secretary may
undertake on both Federal and non-Federal lands—
‘‘(A) fuel hazard mitigation and preven-
tion;
‘‘(B) invasive species management;
‘‘(C) multi-resource wildfire planning;
‘‘(D) community protection planning;
‘‘(E) community and landowner education
enterprises, including the program known as
FIREWISE;
‘‘(F) market development and expansion;
‘‘(G) improved wood utilization;
‘‘(H) special restoration projects.
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‘‘(4) CONSIDERATIONS.—The Secretary shall
use local contract personnel wherever possible to
carry out projects under the Program.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are hereby authorized to be appropriated to the Secretary
$35,000,000 for each of fiscal years 2002 through 2011,
and such sums as may be necessary thereafter, to carry
out this section.’’.
SEC. 805. INTERNATIONAL FORESTRY PROGRAM.
Section 2405(d) of the Global Climate Change Pre-
vention Act of 1990 (title XXIV of Public Law 101–624;
7 U.S.C. 6704(d)) is amended by striking ‘‘2002’’ and in-
serting ‘‘2011’’.
SEC. 806. LONG-TERM FOREST STEWARDSHIP CONTRACTS
FOR HAZARDOUS FUELS REMOVAL AND IM-
PLEMENTATION OF NATIONAL FIRE PLAN.
(a) ANNUAL ASSESSMENT OF TREATMENT ACRE-
AGE.—Not later than March 1 of each of fiscal years 2002
through 2006, the Secretary of Agriculture shall submit
to Congress an assessment of the number of acres of for-
ested National Forest System lands recommended to be
treated during the next fiscal year using stewardship end
result contracts authorized by subsection (c). The assess-
ment shall be based on the treatment schedules contained
in the report entitled ‘‘Protecting People and Sustaining
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Resources in Fire-Adapted Ecosystems’’, dated October
13, 2000, and incorporated into the National Fire Plan.
The assessment shall identify the acreage by condition
class, type of treatment, and treatment year to achieve
the restoration goals outlined in the report within 10-, 15-
, and 20-year time periods. The assessment shall also in-
clude changes in the restoration goals based on the effects
of fire, hazardous fuel treatments pursuant to the Na-
tional Fire Plan, or updates in data.
(b) FUNDING RECOMMENDATION.—The Secretary of
Agriculture shall include in the annual assessment a re-
quest for funds sufficient to implement the recommenda-
tions contained in the assessment using stewardship end
result contracts under subsection (c) when the Secretary
determines that the objectives of the National Fire Plan
are best accomplished through forest stewardship end re-
sult contracting.
(c) STEWARDSHIP END RESULT CONTRACTING.—
(1) AUTHORITY.—Subject to the amount of
funds made available pursuant to subsection (b), the
Secretary of Agriculture may enter into stewardship
end result contracts to implement the National Fire
Plan on National Forest System lands based upon
the stewardship treatment schedules provided in the
annual assessments under subsection (a). The con-
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tracting goals and authorities described in sub-
sections (b) through (f) of section 347 of the De-
partment of the Interior and Related Agencies Ap-
propriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105–277; 16
U.S.C. 2104 note; commonly known as the Steward-
ship End Result Contracting Demonstration Project)
shall apply to contracts entered into under this sub-
section, except that the period of the contract shall
be 10 years.
(2) DURATION.—The authority of the Secretary
of Agriculture to enter into contracts under this sub-
section expires September 30, 2007.
(d) STATUS REPORT.—Beginning with the assess-
ment required under subsection (a) in 2003, the Secretary
of Agriculture shall include in the annual assessment a
status report of the stewardship end result contracts en-
tered into under the authority of this section.
SEC. 807. MCINTIRE-STENNIS COOPERATIVE FORESTRY RE-
SEARCH PROGRAM.
It is the sense of Congress to reaffirm the importance
of Public Law 87–88 (16 U.S.C. 582a et seq.), commonly
known as the McIntire-Stennis Cooperative Forestry Act.
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TITLE IX—MISCELLANEOUS
PROVISIONS
Subtitle A—Tree Assistance
Program
SEC. 901. ELIGIBILITY.
(a) LOSS.—Subject to the limitation in subsection
(b), the Secretary of Agriculture shall provide assistance,
as specified in section 902, to eligible orchardists that
planted trees for commercial purposes but lost such trees
as a result of a natural disaster, as determined by the
Secretary.
(b) LIMITATION.—An eligible orchardist shall qualify
for assistance under subsection (a) only if such orchard-
ist’s tree mortality, as a result of the natural disaster, ex-
ceeds 15 percent (adjusted for normal mortality).
SEC. 902. ASSISTANCE.
The assistance provided by the Secretary of Agri-
culture to eligible orchardists for losses described in sec-
tion 901 shall consist of either—
(1) reimbursement of 75 percent of the cost of
replanting trees lost due to a natural disaster, as de-
termined by the Secretary, in excess of 15 percent
mortality (adjusted for normal mortality); or
(2) at the discretion of the Secretary, sufficient
seedlings to reestablish the stand.
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SEC. 903. LIMITATION ON ASSISTANCE.
(a) LIMITATION.—The total amount of payments
that a person shall be entitled to receive under this subtitle
may not exceed $50,000, or an equivalent value in tree
seedlings.
(b) REGULATIONS.—The Secretary of Agriculture
shall issue regulations—
(1) defining the term ‘‘person’’ for the purposes
of this subtitle, which shall conform, to the extent
practicable, to the regulations defining the term
‘‘person’’ issued under section 1001 of the Food Se-
curity Act of 1985 (7 U.S.C. 1308) and the Disaster
Assistance Act of 1988 (7 U.S.C. 1421 note); and
(2) prescribing such rules as the Secretary de-
termines necessary to ensure a fair and reasonable
application of the limitation established under this
section.
SEC. 904. DEFINITIONS.
In this subtitle:
(1) ELIGIBLE ORCHARDIST.—The term ‘‘eligible
orchardist’’ means a person who produces annual
crops from trees for commercial purposes and owns
500 acres or less of such trees.
(2) NATURAL DISASTER.—The term ‘‘natural
disaster’’ includes plant disease, insect infestation,