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.
(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
and United States Geological Survey, as appropriate, an 
accelerated program—
(1) to plan, conduct, and promote comprehen-
sive and systematic information gathering on bark 
beetles, including Southern pine beetles, hemlock 
woolly adelgids, emerald ash borers, red oak borers, 
and white oak borers, including an evaluation of—
(A) infestation prevention and control 
methods; 
(B) effects of infestations on forest eco-
systems; 
(C) restoration of the forest ecosystem ef-
forts; 
(D) utilization options regarding infested 
trees; and 
(E) models to predict the occurrence, dis-
tribution, and impact of outbreaks of bark bee-
tles, including Southern pine beetles, hemlock 
woolly adelgids, emerald ash borers, red oak 
borers, and white oak borers; 
(2) to assist land managers in the development 
of treatments and strategies to improve forest health 
and reduce the susceptibility of forest ecosystems to 
severe infestations of bark beetles, including South-
ern pine beetles, hemlock woolly adelgids, emerald
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 sole discretion of 
the Secretary concerned, is at risk of infestation by, or
is infested with, bark beetles, including Southern pine bee-
tles, hemlock woolly adelgids, emerald ash borers, red oak 
borers, and white oak borers. Any applied silvicultural as-
sessments carried out under this section shall be con-
ducted on not more than 1,000 acres per assessment. 
(b) LIMITATIONS.—
(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. 
(c) PUBLIC NOTICE AND COMMENT.—
(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. 
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 
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 
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.
(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. 
(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 
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-
phasis on hardwood forest stands) and potential forest 
stands—
(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.
Union Calendar No. 52
108TH CONGRESS 
1ST SESSION 
H. R. 1904
[Report No. 108–96, Parts I and II] 
A BILL 
To improve the capacity of the Secretary of Agri-
culture and the Secretary of the Interior to plan 
and conduct hazardous fuels reduction projects 
on National Forest System lands and Bureau of 
Land Management lands aimed at protecting 
communities, watersheds, and certain other at-
risk lands from catastrophic wildfire, to enhance 
efforts to protect watersheds and address threats 
to forest and rangeland health, including cata-
strophic wildfire, across the landscape, and for 
other purposes. 
MAY 16, 2003
Reported from the Committee on the Judiciary, com-
mitted to the Committee of the Whole House on the 
State of the Union, and ordered to be printed