Healthy Forests Restoration Act of 2003

117 STAT. 1887 PUBLIC LAW 108–148—DEC. 3, 2003
Public Law 108–148
108th Congress
An Act
To improve the capacity of the Secretary of Agriculture and the Secretary of the
Interior to conduct hazardous fuels reduction projects on National Forest Systemlands and Bureau of Land Management lands aimed at protecting communities,watersheds, and certain other at-risk lands from catastrophic wildfire, to enhanceefforts to protect watersheds and address threats to forest and rangeland health,including catastrophic wildfire, across the landscape, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled ,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) S HORT TITLE.—This Act may be cited as the ‘‘Healthy For-
ests Restoration Act of 2003’’.
(b) T ABLE OF CONTENTS .—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.Sec. 3. Definitions.
TITLE I—HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuel reduction projects.Sec. 103. Prioritization.Sec. 104. Environmental analysis.Sec. 105. Special administrative review process.Sec. 106. Judicial review in United States district courts.Sec. 107. Effect of title.Sec. 108. Authorization of appropriations.
TITLE II—BIOMASS
Sec. 201. Improved biomass use research program.
Sec. 202. Rural revitalization through forestry.Sec. 203. Biomass commercial utilization grant program.
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.16 USC 6501note.Healthy Forests
Restoration Actof 2003.Dec. 3, 2003
[H.R. 1904]
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Sec. 504. Financial assistance.
Sec. 505. Technical assistance.Sec. 506. Protections and measuresSec. 507. Involvement by other agencies and organizations.Sec. 508. Authorization of appropriations.
TITLE VI—MISCELLANEOUS
Sec. 601. Forest stands inventory and monitoring program to improve detection of
and response to environmental threats.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to reduce wildfire risk to communities, municipal water
supplies, and other at-risk Federal land through a collaborativeprocess of planning, prioritizing, and implementing hazardousfuel reduction projects;
(2) to authorize grant programs to improve the commercial
value of forest biomass (that otherwise contributes to the riskof catastrophic fire or insect or disease infestation) for producingelectric energy, useful heat, transportation fuel, and petroleum-based product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds and address
threats to forest and rangeland health, including catastrophicwildfire, across the landscape;
(4) to promote systematic gathering of information to
address the impact of insect and disease infestations and otherdamaging 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 hard-wood forests; and
(6) to protect, restore, and enhance forest ecosystem
components—
(A) to promote the recovery of threatened and endan-
gered species;
(B) to improve biological diversity; and(C) to enhance productivity and carbon sequestration.
SEC. 3. DEFINITIONS.
In this Act:
(1) F EDERAL LAND .—The term ‘‘Federal land’’ means—
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland RenewableResources Planning Act of 1974 (16 U.S.C. 1609(a)))administered by the Secretary of Agriculture, actingthrough the Chief of the Forest Service; and
(B) public lands (as defined in section 103 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.1702)), the surface of which is administered by the Sec-retary of the Interior, acting through the Director of theBureau of Land Management.(2) I
NDIAN TRIBE .—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determinationand Education Assistance Act (25 U.S.C. 450b).16 USC 6502.16 USC 6501.
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TITLE I—HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND
SEC. 101. DEFINITIONS.
In this title:
(1) A T-RISK COMMUNITY .—The term ‘‘at-risk community’’
means an area—
(A) that is comprised of—
(i) an interface community as defined in the notice
entitled ‘‘Wildland Urban Interface CommunitiesWithin the Vicinity of Federal Lands That Are at High
Risk From Wildfire’’ issued by the Secretary of Agri-culture and the Secretary of the Interior in accordancewith title IV of the Department of the Interior andRelated Agencies Appropriations Act, 2001 (114 Stat.1009) (66 Fed. Reg. 753, January 4, 2001); or
(ii) a group of homes and other structures with
basic infrastructure and services (such as utilities andcollectively maintained transportation routes) withinor adjacent to Federal land;(B) in which conditions are conducive to a large-scale
wildland fire disturbance event; and
(C) for which a significant threat to human life or
property exists as a result of a wildland fire disturbanceevent.(2) A
UTHORIZED HAZARDOUS FUEL REDUCTION PROJECT .—
The term ‘‘authorized hazardous fuel reduction project’’ meansthe measures and methods described in the definition of ‘‘appro-priate tools’’ contained in the glossary of the ImplementationPlan, on Federal land described in section 102(a) and conductedunder sections 103 and 104.
(3) C
OMMUNITY WILDFIRE PROTECTION PLAN .—The term
‘‘community wildfire protection plan’’ means a plan for an at-risk community that—
(A) is developed within the context of the collaborative
agreements and the guidance established by the WildlandFire Leadership Council and agreed to by the applicablelocal government, local fire department, and State agencyresponsible for forest management, in consultation withinterested parties and the Federal land management agen-cies managing land in the vicinity of the at-risk community;
(B) identifies and prioritizes areas for hazardous fuel
reduction treatments and recommends the types andmethods of treatment on Federal and non-Federal landthat will protect 1 or more at-risk communities and essen-tial infrastructure; and
(C) recommends measures to reduce structural ignit-
ability throughout the at-risk community.(4) C
ONDITION CLASS 2 .—The term ‘‘condition class 2’’, with
respect to an area of Federal land, means the condition classdescription developed by the Forest Service Rocky MountainResearch Station in the general technical report entitled‘‘Development of Coarse-Scale Spatial Data for Wildland Fireand Fuel Management’’ (RMRS–87), dated April 2000 (includingany subsequent revision to the report), under which—16 USC 6511.
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(A) fire regimes on the land have been moderately
altered from historical ranges;
(B) there exists a moderate risk of losing key ecosystem
components from fire;
(C) fire frequencies have increased or decreased from
historical frequencies by 1 or more return intervals,resulting in moderate changes to—
(i) the size, frequency, intensity, or severity of
fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been moderately altered
from the historical range of the attributes.(5) C
ONDITION CLASS 3 .—The term ‘‘condition class 3’’, with
respect to an area of Federal land, means the condition classdescription developed by the Rocky Mountain Research Stationin the general technical report referred to in paragraph (4)(including any subsequent revision to the report), underwhich—
(A) fire regimes on land have been significantly altered
from historical ranges;
(B) there exists a high risk of losing key ecosystem
components from fire;
(C) fire frequencies have departed from historical fre-
quencies by multiple return intervals, resulting in dramaticchanges to—
(i) the size, frequency, intensity, or severity of
fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been significantly
altered from the historical range of the attributes.(6) D
AY.—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.(7) D
ECISION DOCUMENT .—The term ‘‘decision document’’
means—
(A) a decision notice (as that term is used in the
Forest Service Handbook);
(B) a decision record (as that term is used in the
Bureau of Land Management Handbook); and
(C) a record of decision (as that term is used in
applicable regulations of the Council on EnvironmentalQuality).(8) F
IRE REGIME I .—The term ‘‘fire regime I’’ means an
area—
(A) in which historically there have been low-severity
fires with a frequency of 0 through 35 years; and
(B) that is located primarily in low elevation forests
of pine, oak, or pinyon juniper.(9) F
IRE REGIME II .—The term ‘‘fire regime II’’ means an
area—
(A) in which historically there are stand replacement
severity fires with a frequency of 0 through 35 years;and
(B) that is located primarily in low- to mid-elevation
rangeland, grassland, or shrubland.
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(10) F IRE REGIME III .—The term ‘‘fire regime III’’ means
an area—
(A) in which historically there are mixed severity fires
with a frequency of 35 through 100 years; and
(B) that is located primarily in forests of mixed conifer,
dry Douglas fir, or wet Ponderosa pine.(11) I
MPLEMENTATION PLAN .—The term ‘‘Implementation
Plan’’ means the Implementation Plan for the ComprehensiveStrategy for a Collaborative Approach for Reducing WildlandFire Risks to Communities and the Environment, dated May2002, developed pursuant to the conference report to accompanythe Department of the Interior and Related Agencies Appropria-tions Act, 2001 (House Report No. 106–64) (and subsequentrevisions).
(12) M
UNICIPAL WATER SUPPLY SYSTEM .—The term ‘‘munic-
ipal water supply system’’ means the reservoirs, canals, ditches,flumes, laterals, pipes, pipelines, and other surface facilitiesand systems constructed or installed for the collection, impound-ment, storage, transportation, or distribution of drinking water.
(13) R
ESOURCE 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 National Forest Systemdescribed in section 3(1)(A) under section 6 of the Forestand Rangeland Renewable 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 section202 of the Federal Land Policy and Management Act of1976 (43 U.S.C. 1712).(14) S
ECRETARY .—The term ‘‘Secretary’’ means—
(A) the Secretary of Agriculture, with respect to land
of the National Forest System described in section 3(1)(A);and
(B) the Secretary of the Interior, with respect to public
lands described in section 3(1)(B).(15) T
HREATENED AND ENDANGERED SPECIES HABITAT .—The
term ‘‘threatened and endangered species habitat’’ means Fed-eral land identified in—
(A) a determination that a species is an endangered
species or a threatened species under the Endangered Spe-cies 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.(16) W
ILDLAND -URBAN INTERFACE .—The term ‘‘wildland-
urban interface’’ means—
(A) an area within or adjacent to an at-risk community
that is identified in recommendations to the Secretary ina community wildfire protection plan; or
(B) in the case of any area for which a community
wildfire protection plan is not in effect—
(i) an area extending
1⁄2-mile from the boundary
of an at-risk community;
(ii) an area within 11⁄2miles of the boundary of
an at-risk community, including any land that—
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(I) has a sustained steep slope that creates
the potential for wildfire behavior endangering theat-risk community;
(II) has a geographic feature that aids in cre-
ating an effective fire break, such as a road orridge top; or
(III) is in condition class 3, as documented
by the Secretary in the project-specific environ-mental analysis; and(iii) an area that is adjacent to an evacuation
route for an at-risk community that the Secretarydetermines, in cooperation with the at-risk community,requires hazardous fuel reduction to provide saferevacuation from the at-risk community.
SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.
(a) A UTHORIZED PROJECTS .—As soon as practicable after the
date of enactment of this Act, the Secretary shall implement author-ized hazardous fuel reduction projects, consistent with theImplementation Plan, on—
(1) Federal land in wildland-urban interface areas;(2) condition class 3 Federal land, in such proximity to
a municipal water supply system or a stream feeding sucha system within a municipal watershed that a significant riskexists that a fire disturbance event would have adverse effectson the water quality of the municipal water supply or themaintenance of the system, including a risk to water qualityposed by erosion following such a fire disturbance event;
(3) condition class 2 Federal land located within fire regime
I, fire regime II, or fire regime III, in such proximity to amunicipal water supply system or a stream feeding such asystem within a municipal watershed that a significant riskexists that a fire disturbance event would have adverse effectson the water quality of the municipal water supply or themaintenance of the system, including a risk to water qualityposed by erosion following such a fire disturbance event;
(4) Federal land on which windthrow or blowdown, ice
storm damage, the existence of an epidemic of disease or insects,or the presence of such an epidemic on immediately adjacentland and the imminent risk it will spread, poses a significantthreat to an ecosystem component, or forest or rangelandresource, on the Federal land or adjacent non-Federal land;and
(5) Federal land not covered by paragraphs (1) through
(4) that contains threatened and endangered species habitat,if—
(A) natural fire regimes on that land are identified
as being important for, or wildfire is identified as a threatto, an endangered species, a threatened species, or habitatof an endangered species or threatened species in a speciesrecovery plan prepared under section 4 of the EndangeredSpecies Act of 1973 (16 U.S.C. 1533), or a notice publishedin the Federal Register determining a species to be anendangered species or a threatened species or designatingcritical habitat;
(B) the authorized hazardous fuel reduction project
will provide enhanced protection from catastrophic wildfire16 USC 6512.
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for the endangered species, threatened species, or habitat
of the endangered species or threatened species; and
(C) the Secretary complies with any applicable guide-
lines specified in any management or recovery plandescribed in subparagraph (A).
(b) R
ELATION TO AGENCY PLANS .—An authorized hazardous
fuel reduction project shall be conducted consistent with theresource management plan and other relevant administrative poli-cies or decisions applicable to the Federal land covered by theproject.
(c) A
CREAGE LIMITATION .—Not more than a total of 20,000,000
acres of Federal land may be treated under authorized hazardousfuel reduction projects.
(d) E
XCLUSION OF CERTAIN FEDERAL LAND.—The Secretary may
not conduct an authorized hazardous fuel reduction project thatwould occur on—
(1) a component of the National Wilderness Preservation
System;
(2) Federal land on which the removal of vegetation is
prohibited or restricted by Act of Congress or Presidentialproclamation (including the applicable implementation plan);or
(3) a Wilderness Study Area.
(e) O
LDGROWTH STANDS .—
(1) D EFINITIONS .—In this subsection and subsection (f):
(A) A PPLICABLE PERIOD .—The term ‘‘applicable period’’
means—
(i) the 2-year period beginning on the date of enact-
ment of this Act; or
(ii) in the case of a resource management plan
that the Secretary is in the process of revising asof the date of enactment of this Act, the 3-year periodbeginning on the date of enactment of this Act.(B) C
OVERED PROJECT .—The term ‘‘covered project’’
means an authorized hazardous fuel reduction project car-ried out on land described in paragraph (1), (2), (3), or(5) of subsection (a).
(C) M
ANAGEMENT DIRECTION .—The term ‘‘management
direction’’ means definitions, designations, standards,guidelines, goals, or objectives established for an old growthstand under a resource management plan developed inaccordance with applicable law, including section 6(g)(3)(B)of the Forest and Rangeland Renewable Resources Plan-ning Act of 1974 (16 U.S.C. 1604(g)(3)(B)).
(D) O
LD GROWTH STAND .—The term ‘‘old growth stand’’
has the meaning given the term under management direc-tion used pursuant to paragraphs (3) and (4), based onthe structure and composition characteristic of the foresttype, and in accordance with applicable law, including sec-tion 6(g)(3)(B) of the Forest and Rangeland RenewableResources Planning Act of 1974 (16 U.S.C. 1604(g)(3)(B)).(2) P
ROJECT REQUIREMENTS .—In carrying out a covered
project, the Secretary shall fully maintain, or contribute towardthe restoration of, the structure and composition of old growthstands according to the pre-fire suppression old growth condi-tions characteristic of the forest type, taking into account thecontribution of the stand to landscape fire adaptation and
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watershed health, and retaining the large trees contributing
to old growth structure.
(3) N EWER MANAGEMENT DIRECTION .—
(A) I N GENERAL .—If the management direction for an
old growth stand was established on or after December15, 1993, the Secretary shall meet the requirements ofparagraph (2) in carrying out a covered project by imple-menting the management direction.
(B) A
MENDMENTS OR REVISIONS .—Any amendment or
revision to management direction for which final adminis-trative approval is granted after the date of enactmentof this Act shall be consistent with paragraph (2) for thepurpose of carrying out covered projects.(4) O
LDER MANAGEMENT DIRECTION .—
(A) I N GENERAL .—If the management direction for an
old growth stand was established before December 15,1993, the Secretary shall meet the requirements of para-graph (2) in carrying out a covered project during theapplicable period by implementing the management direc-tion.
(B) R
EVIEW REQUIRED .—Subject to subparagraph (C),
during the applicable period for management directionreferred to in subparagraph (A), the Secretary shall—
(i) review the management direction for affected
covered projects, taking into account any relevant sci-entific information made available since the adoptionof the management direction; and
(ii) amend the management direction for affected
covered projects to be consistent with paragraph (2),if necessary to reflect relevant scientific informationthe Secretary did not consider in formulating themanagement direction.(C) R
EVIEW NOT COMPLETED .—If the Secretary does
not complete the review of the management direction inaccordance with subparagraph (B) before the end of theapplicable period, the Secretary shall not carry out anyportion of affected covered projects in stands that areidentified as old growth stands (based on substantial sup-porting evidence) by any person during scoping, withinthe period—
(i) beginning at the close of the applicable period
for the management direction governing the affectedcovered projects; and
(ii) ending on the earlier of—
(I) the date the Secretary completes the action
required by subparagraph (B) for the managementdirection applicable to the affected coveredprojects; or
(II) the date on which the acreage limitation
specified in subsection (c) (as that limitation maybe adjusted by a subsequent Act of Congress) isreached.
(5) L
IMITATION TO COVERED PROJECTS .—Nothing in this
subsection requires the Secretary to revise or otherwise amenda resource management plan to make the project requirementsof paragraph (2) apply to an activity other than a coveredproject.
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(f) L ARGE TREERETENTION .—
(1) I N GENERAL .—Except in old growth stands where the
management direction is consistent with subsection (e)(2), theSecretary shall carry out a covered project in a manner that—
(A) focuses largely on small diameter trees, thinning,
strategic fuel breaks, and prescribed fire to modify firebehavior, as measured by the projected reduction ofuncharacteristically severe wildfire effects for the foresttype (such as adverse soil impacts, tree mortality or otherimpacts); and
(B) maximizes the retention of large trees, as appro-
priate for the forest type, to the extent that the treespromote fire-resilient stands.(2) W
ILDFIRE RISK .—Nothing in this subsection prevents
achievement of the purposes described in section 2(1).(g) M
ONITORING AND ASSESSING FOREST AND RANGELAND
HEALTH .—
(1) I N GENERAL .—For each Forest Service administrative
region and each Bureau of Land Management State Office,the Secretary shall—
(A) monitor the results of a representative sample of
the projects authorized under this title for each manage-ment unit; and
(B) not later than 5 years after the date of enactment
of this Act, and each 5 years thereafter, issue a reportthat includes—
(i) an evaluation of the progress towards project
goals; and
(ii) recommendations for modifications to the
projects and management treatments.
(2) C
ONSISTENCY OF PROJECTS WITH RECOMMENDATIONS .—
An authorized hazardous fuel reduction project approved fol-lowing the issuance of a monitoring report shall, to the max-imum extent practicable, be consistent with any applicablerecommendations in the report.
(3) S
IMILAR VEGETATION TYPES .—The results of a moni-
toring report shall be made available for use (if appropriate)in an authorized hazardous fuels reduction project conductedin a similar vegetation type on land under the jurisdictionof the Secretary.
(4) M
ONITORING AND ASSESSMENTS .—Monitoring and
assessment shall include a description of the changes in condi-tion class, using the Fire Regime Condition Class Guidebookor successor guidance, specifically comparing end results to—
(A) pretreatment conditions;(B) historical fire regimes; and(C) any applicable watershed or landscape goals or
objectives in the resource management plan or other rel-evant direction.(5) M
ULTIPARTY MONITORING .—
(A) I N GENERAL .—In an area where significant interest
is expressed in multiparty monitoring, the Secretary shallestablish a multiparty monitoring, evaluation, and account-ability process in order to assess the positive or negativeecological and social effects of authorized hazardous fuelreduction projects and projects conducted pursuant to sec-tion 404.Deadline.Reports.
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(B) D IVERSE STAKEHOLDERS .—The Secretary shall
include diverse stakeholders (including interested citizensand Indian tribes) in the process required under subpara-graph (A).
(C) F
UNDING .—Funds to carry out this paragraph may
be derived from operations funds for projects describedin subparagraph (A).(6) C
OLLECTION OF MONITORING DATA .—The Secretary may
collect monitoring data by entering into cooperative agreementsor contracts with, or providing grants to, small or micro-businesses, cooperatives, nonprofit organizations, Youth Con-servation Corps work crews, or related State, local, and othernon-Federal conservation corps.
(7) T
RACKING .—For each administrative unit, the Secretary
shall track acres burned, by the degree of severity, by largewildfires (as defined by the Secretary).
(8) M
ONITORING AND MAINTENANCE OF TREATED AREAS .—
The Secretary shall, to the maximum extent practicable,develop a process for monitoring the need for maintenanceof treated areas, over time, in order to preserve the foresthealth benefits achieved.
SEC. 103. PRIORITIZATION.
(a) I NGENERAL .—In accordance with the Implementation Plan,
the Secretary shall develop an annual program of work for Federalland that gives priority to authorized hazardous fuel reductionprojects that provide for the protection of at-risk communities orwatersheds or that implement community wildfire protection plans.
(b) C
OLLABORATION .—
(1) I N GENERAL .—The Secretary shall consider rec-
ommendations under subsection (a) that are made by at-riskcommunities that have developed community wildfire protectionplans.
(2) E
XEMPTION .—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the planning process and rec-ommendations concerning community wildfire protection plans.(c) A
DMINISTRATION .—
(1) I N GENERAL .—Federal agency involvement in developing
a community wildfire protection plan, or a recommendationmade in a community wildfire protection plan, shall not beconsidered a Federal agency action under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) C
OMPLIANCE .—In implementing authorized hazardous
fuel reduction projects on Federal land, the Secretary shall,in accordance with section 104, comply with the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(d) F
UNDING ALLOCATION .—
(1) F EDERAL LAND .—
(A) I N GENERAL .—Subject to subparagraph (B), the Sec-
retary shall use not less than 50 percent of the fundsallocated for authorized hazardous fuel reduction projectsin the wildland-urban interface.
(B) A
PPLICABILITY AND ALLOCATION .—The funding
allocation in subparagraph (A) shall apply at the nationallevel. The Secretary may allocate the proportion of fundsdifferently than is required under subparagraph (A) withinindividual management units as appropriate, in particular16 USC 6513.
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to conduct authorized hazardous fuel reduction projects
on land described in section 102(a)(4).
(C) W ILDLAND -URBAN INTERFACE .—In the case of an
authorized hazardous fuel reduction project for which adecision notice is issued during the 1-year period beginningon the date of enactment of this Act, the Secretary shalluse existing definitions of the term ‘‘wildland-urban inter-face’’ rather than the definition of that term provided undersection 101.(2) N
ON-FEDERAL LAND .—
(A) I N GENERAL .—In providing financial assistance
under any provision of law for hazardous fuel reductionprojects on non-Federal land, the Secretary shall considerrecommendations made by at-risk communities that havedeveloped community wildfire protection plans.
(B) P
RIORITY .—In allocating funding under this para-
graph, the Secretary should, to the maximum extent prac-ticable, give priority to communities that have adopteda community wildfire protection plan or have takenproactive measures to encourage willing property ownersto reduce fire risk on private property.
SEC. 104. ENVIRONMENTAL ANALYSIS.
(a) A UTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS .—
Except as otherwise provided in this title, the Secretary shall con-duct authorized hazardous fuel reduction projects in accordancewith—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.); and
(2) other applicable laws.
(b) E
NVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL IMPACT
STATEMENT .—The Secretary shall prepare an environmental assess-
ment or an environmental impact statement pursuant to section102(2) of the National Environmental Policy Act of 1969 (42 U.S.C.4332(2)) for each authorized hazardous fuel reduction project.
(c) C
ONSIDERATION OF ALTERNATIVES .—
(1) I N GENERAL .—Except as provided in subsection (d), in
the environmental assessment or environmental impact state-ment prepared under subsection (b), the Secretary shall study,develop, and describe—
(A) the proposed agency action;(B) the alternative of no action; and(C) an additional action alternative, if the additional
alternative—
(i) is proposed during scoping or the collaborative
process under subsection (f); and
(ii) meets the purpose and need of the project,
in accordance with regulations promulgated by theCouncil on Environmental Quality.
(2) M
ULTIPLE ADDITIONAL ALTERNATIVES .—If more than 1
additional alternative is proposed under paragraph (1)(C), theSecretary shall—
(A) select which additional alternative to consider,
which is a choice that is in the sole discretion of theSecretary; and
(B) provide a written record describing the reasons
for the selection.16 USC 6514.
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(d) A LTERNATIVE ANALYSIS PROCESS FOR PROJECTS IN
WILDLAND -URBAN INTERFACE .—
(1) P ROPOSED AGENCY ACTION AND 1 ACTION ALTERNATIVE .—
For an authorized hazardous fuel reduction project that isproposed to be conducted in the wildland-urban interface, theSecretary is not required to study, develop, or describe morethan the proposed agency action and 1 action alternative inthe environmental assessment or environmental impact state-ment prepared pursuant to section 102(2) of the NationalEnvironmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(2) P
ROPOSED AGENCY ACTION .—Notwithstanding para-
graph (1), but subject to paragraph (3), if an authorized haz-ardous fuel reduction project proposed to be conducted in thewildland-urban interface is located no further than 1
1⁄2miles
from the boundary of an at-risk community, the Secretaryis not required to study, develop, or describe any alternativeto the proposed agency action in the environmental assessmentor environmental impact statement prepared pursuant to sec-tion 102(2) of the National Environmental Policy Act of 1969(42 U.S.C. 4332(2)).
(3) P
ROPOSED AGENCY ACTION AND COMMUNITY WILDFIRE
PROTECTION PLAN ALTERNATIVE .—In the case of an authorized
hazardous fuel reduction project described in paragraph (2),if the at-risk community has adopted a community wildfireprotection plan and the proposed agency action does not imple-ment the recommendations in the plan regarding the generallocation and basic method of treatments, the Secretary shallevaluate the recommendations in the plan as an alternativeto the proposed agency action in the environmental assessmentor environmental impact statement prepared pursuant to sec-tion 102(2) of the National Environmental Policy Act of 1969(42 U.S.C. 4332(2)).(e) P
UBLIC NOTICE AND MEETING .—
(1) P UBLIC NOTICE .—The Secretary shall provide notice of
each authorized hazardous fuel reduction project in accordancewith applicable regulations and administrative guidelines.
(2) P
UBLIC MEETING .—During the preparation stage of each
authorized hazardous fuel reduction project, the Secretaryshall—
(A) conduct a public meeting at an appropriate location
proximate to the administrative unit of the Federal landon which the authorized hazardous fuel reduction projectwill be conducted; and
(B) provide advance notice of the location, date, and
time of the meeting.
(f) P
UBLIC COLLABORATION .—In order to encourage meaningful
public participation during preparation of authorized hazardousfuel reduction projects, the Secretary shall facilitate collaborationamong State and local governments and Indian tribes, and partici-pation of interested persons, during the preparation of each author-ized fuel reduction project in a manner consistent with theImplementation Plan.
(g) E
NVIRONMENTAL ANALYSIS AND PUBLIC COMMENT .—In
accordance with section 102(2) of the National Environmental PolicyAct of 1969 (42 U.S.C. 4332(2)) and the applicable regulations
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and administrative guidelines, the Secretary shall provide an oppor-
tunity for public comment during the preparation of any environ-mental assessment or environmental impact statement for anauthorized hazardous fuel reduction project.
(h) D
ECISION DOCUMENT .—The Secretary shall sign a decision
document for authorized hazardous fuel reduction projects and pro-vide notice of the final agency actions.
SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.
(a) I NTERIM FINAL REGULATIONS .—
(1) I N GENERAL .—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Agriculture shallpromulgate interim final regulations to establish a predecisionaladministrative review process for the period described in para-graph (2) that will serve as the sole means by which a personcan seek administrative review regarding an authorized haz-ardous fuel reduction project on Forest Service land.
(2) P
ERIOD .—The predecisional administrative review
process required under paragraph (1) shall occur during theperiod—
(A) beginning after the completion of the environmental
assessment or environmental impact statement; and
(B) ending not later than the date of the issuance
of the final decision approving the project.(3) E
LIGIBILITY .—To be eligible to participate in the
administrative review process for an authorized hazardous fuelreduction project under paragraph (1), a person shall submitto the Secretary, during scoping or the public comment periodfor the draft environmental analysis for the project, specificwritten comments that relate to the proposed action.
(4) E
FFECTIVE DATE .—The interim final regulations promul-
gated under paragraph (1) shall take effect on the date ofpromulgation of the regulations.(b) F
INAL REGULATIONS .—The Secretary shall promulgate final
regulations to establish the process described in subsection (a)(1)after the interim final regulations have been published and reason-able time has been provided for public comment.
(c) A
DMINISTRATIVE REVIEW .—
(1) I N GENERAL .—A person may bring a civil action chal-
lenging an authorized hazardous fuel reduction project in aFederal district court only if the person has challenged theauthorized hazardous fuel reduction project by exhausting—
(A) the administrative review process established by
the Secretary of Agriculture under this section; or
(B) the administrative hearings and appeals procedures
established by the Department of the Interior.(2) I
SSUES .—An issue may be considered in the judicial
review of an action under section 106 only if the issue wasraised in an administrative review process described in para-graph (1).
(3) E
XCEPTION .—
(A) I N GENERAL .—An exception to the requirement of
exhausting the administrative review process beforeseeking judicial review shall be available if a Federal courtfinds that the futility or inadequacy exception applies toa specific plaintiff or claim.Deadline.16 USC 6515.
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(B) I NFORMATION .—If an agency fails or is unable to
make information timely available during the administra-tive review process, a court should evaluate whether theadministrative review process was inadequate for claimsor issues to which the information is material.
SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.
(a) V ENUE .—Notwithstanding section 1391 of title 28, United
States Code, or other applicable law, an authorized hazardous fuelsreduction project conducted under this title shall be subject tojudicial review only in the United States district court for a districtin which the Federal land to be treated under the authorizedhazardous fuels reduction project is located.
(b) E
XPEDITIOUS COMPLETION OF JUDICIAL REVIEW .—In the
judicial review of an action challenging an authorized hazardousfuel reduction project under subsection (a), Congress encouragesa court of competent jurisdiction to expedite, to the maximumextent practicable, the proceedings in the action with the goalof rendering a final determination on jurisdiction, and (if jurisdictionexists) a final determination on the merits, as soon as practicableafter the date on which a complaint or appeal is filed to initiatethe action.
(c) I
NJUNCTIONS .—
(1) I N GENERAL .—Subject to paragraph (2), the length of
any preliminary injunctive relief and stays pending appealcovering an authorized hazardous fuel reduction project carriedout under this title shall not exceed 60 days.
(2) R
ENEWAL .—
(A) I N GENERAL .—A court of competent jurisdiction
may issue 1 or more renewals of any preliminary injunc-tion, or stay pending appeal, granted under paragraph(1).
(B) U
PDATES .—In each renewal of an injunction in
an action, the parties to the action shall present the courtwith updated information on the status of the authorizedhazardous fuel reduction project.(3) B
ALANCING OF SHORT – AND LONG -TERM EFFECTS .—As
part of its weighing the equities while considering any requestfor an injunction that applies to an agency action under anauthorized hazardous fuel reduction project, the court reviewingthe project shall balance the impact to the ecosystem likelyaffected by the project of—
(A) the short- and long-term effects of undertaking
the agency action; against
(B) the short- and long-term effects of not undertaking
the agency action.
SEC. 107. EFFECT OF TITLE.
(a) O THER AUTHORITY .—Nothing in this title affects, or other-
wise biases, the use by the Secretary of other statutory or adminis-trative authority (including categorical exclusions adopted to imple-ment the National Environmental Policy Act of 1969 (42 U.S.C.4321 et seq.)) to conduct a hazardous fuel reduction project onFederal land (including Federal land identified in section 102(d))that is not conducted using the process authorized by section 104.
(b) N
ATIONAL FOREST SYSTEM .—For projects and activities of
the National Forest System other than authorized hazardous fuelreduction projects, nothing in this title affects, or otherwise biases,16 USC 6517.16 USC 6516.
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the notice, comment, and appeal procedures for projects and activi-
ties of the National Forest System contained in part 215 of title36, Code of Federal Regulations, or the consideration or dispositionof any legal action brought with respect to the procedures.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $760,000,000 for each
fiscal year to carry out—
(1) activities authorized by this title; and(2) other hazardous fuel reduction activities of the Sec-
retary, including making grants to States, local governments,Indian tribes, and other eligible recipients for activities author-ized by law.
TITLE II—BIOMASS
SEC. 201. IMPROVED BIOMASS USE RESEARCH PROGRAM.
(a) U SES OF GRANTS , CONTRACTS , AND ASSISTANCE .—Section
307(d) of the Biomass Research and Development Act of 2000 (7U.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 evaluationto provide the science, technology, and tools to forest managersand community developers for use in evaluating forest treat-ment and production alternatives, including—
‘‘(A) to develop tools that would enable land managers,
locally or in a several-State region, to estimate—
‘‘(i) the cost to deliver varying quantities 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 prod-ucts;‘‘(B) to conduct research focused on developing appro-
priate thinning systems and equipment designs that are—
‘‘(i) capable of being used on land without signifi-
cant adverse effects on the land;
‘‘(ii) capable of handling large and varied land-
scapes;
‘‘(iii) adaptable to handling a wide variety 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 curriculamaterials and training programs on matters described insubparagraphs (A) and (B).’’.
(b) F
UNDING .—Section 310(b) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106–224) is amended by striking ‘‘$49,000,000’’ and inserting‘‘$54,000,000’’.
7 USC 8101 note.7 USC 8101 note.16 USC 6518.
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SEC. 202. RURAL REVITALIZATION THROUGH FORESTRY.
Section 2371 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6601) is amended by adding at the endthe following:
‘‘(d) R
URAL REVITALIZATION TECHNOLOGIES .—
‘‘(1) I N GENERAL .—The Secretary of Agriculture, acting
through the Chief of the Forest Service, in consultation withthe State and Private Forestry Technology Marketing Unitat the Forest Products Laboratory, and in collaboration witheligible institutions, may carry out a program—
‘‘(A) to accelerate adoption of technologies using bio-
mass and small-diameter materials;
‘‘(B) to create community-based enterprises through
marketing activities and demonstration projects; and
‘‘(C) to establish small-scale business enterprises to
make use of biomass and small-diameter materials.‘‘(2) A
UTHORIZATION OF APPROPRIATIONS .—There is author-
ized to be appropriated to carry out this subsection $5,000,000for each of fiscal years 2004 through 2008.’’.
SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
(a) I NGENERAL .—In addition to any other authority of the
Secretary of Agriculture to make grants to a person that ownsor operates a facility that uses biomass as a raw material toproduce electric energy, sensible heat, transportation fuel, or sub-stitutes for petroleum-based products, the Secretary may makegrants to a person that owns or operates a facility that uses biomassfor wood-based products or other commercial purposes to offsetthe costs incurred to purchase biomass.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $5,000,000 for eachof fiscal years 2004 through 2008.
TITLE III—WATERSHED FORESTRY
ASSISTANCE
SEC. 301. FINDINGS AND PURPOSES.
(a) F INDINGS .—Congress finds that—
(1) there has been a dramatic shift in public attitudes
and perceptions about forest management, particularly in theunderstanding 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 healthof watersheds;
(3) forests can provide essential ecological services in fil-
tering pollutants, buffering important rivers and estuaries, andminimizing flooding, which makes forest restoration worthyof special focus; and
(4) strengthened education, technical assistance, and finan-
cial assistance for nonindustrial private forest landowners andcommunities, relating to the protection of watershed health,is needed to realize the expectations of the general public.(b) P
URPOSES .—The purposes of this title are—
(1) to improve landowner and public understanding of the
connection between forest management and watershed health;16 USC 6541.16 USC 6531.
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(2) to encourage landowners to maintain tree cover on
property and to use tree plantings and vegetative treatmentsas creative solutions to watershed problems associated withvarying land uses;
(3) to enhance and complement forest management and
buffer use for watersheds, with an emphasis on communitywatersheds;
(4) to establish new partnerships and collaborative water-
shed approaches to forest management, stewardship, and con-servation;
(5) to provide technical and financial assistance to States
to deliver a coordinated program that enhances State forestrybest-management practices programs, and conserves andimproves forested land and potentially forested land, throughtechnical, financial, and educational assistance to qualifyingindividuals and entities; and
(6) to maximize the proper management and conservation
of wetland forests and to assist in the restoration of thoseforests.
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) D EFINITION OF NONINDUSTRIAL PRIVATE FOREST LAND.—
In this section, the term ‘nonindustrial private forest land’ meansrural land, as determined by the Secretary, that—
‘‘(1) has existing tree cover or that is suitable for growing
trees; and
‘‘(2) is owned by any nonindustrial private individual,
group, association, corporation, or other private legal entity,that has definitive decisionmaking authority over the land.‘‘(b) G
ENERAL AUTHORITY AND PURPOSE .—The Secretary, acting
through the Chief of the Forest Service and (where appropriate)through the Cooperative State Research, Education, and ExtensionService, may provide technical, financial, and related assistanceto State foresters, equivalent State officials, or Cooperative Exten-sion officials at land grant colleges and universities and 1890institutions for the purpose of expanding State forest stewardshipcapacities and activities through State forestry best-managementpractices and other means at the State level to address watershedissues on non-Federal forested land and potentially forested land.
‘‘(c) T
ECHNICAL ASSISTANCE TOPROTECT WATER QUALITY .—
‘‘(1) I N GENERAL .—The Secretary, in cooperation with State
foresters or equivalent State officials, shall engage interestedmembers of the public, including nonprofit organizations andlocal watershed councils, to develop a program of technicalassistance to protect water quality described in paragraph (2).
‘‘(2) P
URPOSE OF PROGRAM .—The program under this sub-
section 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-management prac-
tices and water quality technical assistance directly toowners of nonindustrial private forest land;16 USC 2103b.
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‘‘(C) to provide technical guidance to land managers
and policymakers for water quality protection throughforest management;
‘‘(D) to complement State and local efforts to protect
water quality and provide enhanced opportunities for con-sultation and cooperation among Federal and State agen-cies charged with responsibility for water and watershedmanagement; and
‘‘(E) to provide enhanced forest resource data and sup-
port for improved implementation and monitoring of Stateforestry best-management practices.‘‘(3) I
MPLEMENTATION .—In the case of a participating State,
the program of technical assistance shall be implemented byState foresters or equivalent State officials.‘‘(d) W
ATERSHED FORESTRY COST-SHARE PROGRAM .—
‘‘(1) I N GENERAL .—The Secretary shall establish a water-
shed forestry cost-share program—
‘‘(A) which shall be—
‘‘(i) administered by the Forest Service; and‘‘(ii) implemented by State foresters or equivalent
State officials in participating States; and‘‘(B) under which funds or other support provided to
participating States shall be made available for State for-estry best-management practices programs and watershedforestry projects.‘‘(2) W
ATERSHED FORESTRY PROJECTS .—The State forester,
an equivalent State official of a participating State, or aCooperative Extension official at a land grant college or univer-sity or 1890 institution, in coordination with the State ForestStewardship Coordinating Committee established under section19(b) (or an equivalent committee) for that State, shall makeawards to communities, nonprofit groups, and owners of non-industrial private forest land under the program for watershedforestry projects described in paragraph (3).
‘‘(3) P
ROJECT ELEMENTS AND OBJECTIVES .—A watershed for-
estry project shall accomplish critical forest stewardship, water-shed protection, and restoration needs within a State by dem-onstrating the value of trees and forests to watershed healthand condition through—
‘‘(A) the use of trees as solutions to water quality
problems in urban and rural areas;
‘‘(B) community-based planning, involvement, and
action through State, local, and nonprofit partnerships;
‘‘(C) application of and dissemination of monitoring
information on forestry best-management practices relatingto watershed forestry;
‘‘(D) watershed-scale forest management activities and
conservation planning; and
‘‘(E)(i) the restoration of wetland (as defined by the
States) and stream-side forests; and
‘‘(ii) the establishment of riparian vegetative buffers.
‘‘(4) C
OST-SHARING .—
‘‘(A) F EDERAL SHARE .—
‘‘(i) F UNDS UNDER THIS SUBSECTION .—Funds pro-
vided under this subsection for a watershed forestryproject may not exceed 75 percent of the cost of theproject.
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‘‘(ii) O THER FEDERAL FUNDS .—The percentage of
the cost of a project described in clause (i) that isnot covered by funds made available under this sub-section may be paid using other Federal fundingsources, except that the total Federal share of thecosts of the project may not exceed 90 percent.‘‘(B) F
ORM.—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) P
RIORITIZATION .—The State Forest Stewardship
Coordinating Committee for a State, or equivalent State com-mittee, shall prioritize watersheds in that State to target water-shed forestry projects funded under this subsection.
‘‘(6) W
ATERSHED FORESTER .—Financial and technical assist-
ance shall be made available to the State Forester or equivalentState official to create a State watershed or best-managementpractice forester position to—
‘‘(A) lead statewide programs; and‘‘(B) coordinate watershed-level projects.
‘‘(e) D
ISTRIBUTION .—
‘‘(1) I N 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 subsection (d); and
‘‘(B) the remainder of the funds to deliver technical
assistance, education, and planning, at the local level,through the State Forester or equivalent State official.‘‘(2) S
PECIAL CONSIDERATIONS .—Distribution of funds by
the Secretary among States under paragraph (1) shall be madeonly after giving appropriate consideration to—
‘‘(A) the acres of agricultural land, nonindustrial pri-
vate forest land, and highly erodible 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 usedto 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) W
ILLING OWNERS .—
‘‘(1) I N GENERAL .—Participation of an owner of nonindus-
trial private forest land in the watershed forestry assistanceprogram under this section is voluntary.
‘‘(2) W
RITTEN CONSENT .—The watershed forestry assistance
program shall not be carried out on nonindustrial private forestland without the written consent of the owner of, or entityhaving definitive decisionmaking over, the nonindustrial pri-vate forest land.‘‘(g) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $15,000,000 for eachof fiscal years 2004 through 2008.’’.
SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.
(a) I NGENERAL .—The Secretary of Agriculture (referred to
in this section as the ‘‘Secretary’’), acting through the Chief ofthe Forest Service, shall provide technical, financial, and related16 USC 6542.
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assistance to Indian tribes for the purpose of expanding tribal
stewardship capacities and activities through tribal forestry best-management practices and other means at the tribal level to addresswatershed issues on land under the jurisdiction of or administeredby the Indian tribes.
(b) T
ECHNICAL ASSISTANCE TOPROTECT WATER QUALITY .—
(1) I N GENERAL .—The Secretary, in cooperation with Indian
tribes, shall develop a program to provide technical assistanceto protect water quality, as described in paragraph (2).
(2) P
URPOSE OF PROGRAM .—The program under this sub-
section shall be designed—
(A) to build and strengthen watershed partnerships
that focus on forested landscapes at the State, regional,tribal, and local levels;
(B) to provide tribal forestry best-management prac-
tices and water quality technical assistance directly toIndian tribes;
(C) to provide technical guidance to tribal land man-
agers and policy makers for water quality protectionthrough forest management;
(D) to complement tribal efforts to protect water quality
and provide enhanced opportunities for consultation andcooperation among Federal agencies and tribal entitiescharged with responsibility for water and watershedmanagement; and
(E) to provide enhanced forest resource data and sup-
port for improved implementation and monitoring of tribalforestry best-management practices.
(c) W
ATERSHED FORESTRY PROGRAM .—
(1) I N GENERAL .—The Secretary shall establish a watershed
forestry program in cooperation with Indian tribes.
(2) P ROGRAMS AND PROJECTS .—Funds or other support pro-
vided under the program shall be made available for tribalforestry best-management practices programs and watershedforestry projects.
(3) A
NNUAL AWARDS .—The Secretary shall annually make
awards to Indian tribes to carry out this subsection.
(4) P ROJECT ELEMENTS AND OBJECTIVES .—A watershed for-
estry project shall accomplish critical forest stewardship, water-shed protection, and restoration needs within land under thejurisdiction of or administered by an Indian tribe by dem-onstrating the value of trees and forests to watershed healthand condition through—
(A) the use of trees as solutions to water quality prob-
lems;
(B) application of and dissemination of monitoring
information on forestry best-management practices relatingto watershed forestry;
(C) watershed-scale forest management activities 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.(5) P
RIORITIZATION .—An Indian tribe that participates in
the program under this subsection shall prioritize watershedsin land under the jurisdiction of or administered by the Indian
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tribe to target watershed forestry projects funded under this
subsection.
(6) W ATERSHED FORESTER .—The Secretary may provide to
Indian tribes under this section financial and technical assist-ance to establish a position of tribal forester to lead tribalprograms and coordinate small watershed-level projects.(d) D
ISTRIBUTION .—The Secretary shall devote—
(1) at least 75 percent of the funds made available for
a fiscal year under subsection (e) to the program under sub-section (c); and
(2) the remainder of the funds to deliver technical assist-
ance, education, and planning in the field to Indian tribes.(e) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $2,500,000 for eachof fiscal years 2004 through 2008.
TITLE IV—INSECT INFESTATIONS AND
RELATED DISEASES
SEC. 401. FINDINGS AND PURPOSE.
(a) F INDINGS .—Congress finds that—
(1) high levels of tree mortality resulting from insect
infestation (including the interaction between insects and dis-eases) may result in—
(A) increased fire risk;(B) loss of old trees and old growth;(C) loss of threatened and endangered species;(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 thou-
sands 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 owner-ships; and
(C) severe drought conditions in many areas of the South
and West will increase the risk of forest-damaging insectinfestations;
(3) the hemlock woolly adelgid is—
(A) destroying streamside forests throughout the mid-
Atlantic and Appalachian regions;
(B) threatening water quality and sensitive aquatic
species; and
(C) posing a potential threat to valuable commercial
timber land in northern New England;(4)(A) the emerald ash borer is a nonnative, invasive pest
that has quickly become a major threat to hardwood forestsbecause an emerald ash borer infestation is almost alwaysfatal to affected trees; and
(B) the emerald ash borer pest threatens to destroy more
than 692,000,000 ash trees in forests in Michigan and Ohioalone, and between 5 and 10 percent of urban street treesin the Upper Midwest;16 USC 6551.
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(5)(A) epidemic populations of Southern pine beetles are
ravaging forests in Alabama, Arkansas, Florida, Georgia, Ken-tucky, Mississippi, North Carolina, South Carolina, Tennessee,and Virginia; and
(B) in 2001, Florida and Kentucky experienced 146 percent
and 111 percent increases, respectively, in Southern pine beetlepopulations;
(6) those epidemic outbreaks of Southern pine beetles have
forced private landowners to harvest dead and dying trees,in rural areas and increasingly urbanized settings;
(7) according to the Forest Service, recent outbreaks of
the red oak borer in Arkansas and Missouri have been unprece-dented, with more than 1,000,000 acres infested at populationlevels never seen before;
(8) much of the damage from the red oak borer has taken
place in national forests, and the Federal response has beeninadequate to protect forest ecosystems and other ecologicaland 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 available to
adequately test a full array of individual and combined appliedsilvicultural assessments;
(10) only through the full funding, development, and assess-
ment of potential applied silvicultural assessments over specifictime frames across an array of environmental and climaticconditions can the most innovative and cost effective manage-ment applications be determined that will help reduce thesusceptibility 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 weaken trees andforest stands and predispose trees and forest stands to insectattack; 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 initiative to combat
forest pest infestations and associated diseases should not comeat the expense of supporting other programs and initiativesof the Secretary.(b) P
URPOSES .—The purposes of this title are—
(1) to require the Secretary to develop an accelerated basic
and applied assessment program to combat infestations byforest-damaging insects and associated diseases;
(2) to enlist the assistance of colleges and universities
(including forestry schools, land grant colleges and universities,and 1890 Institutions), State agencies, and private landownersto carry out the program; and
(3) to carry out applied silvicultural assessments.
SEC. 402. DEFINITIONS.
In this title:
(1) A PPLIED SILVICULTURAL ASSESSMENT .—16 USC 6552.
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(A) I N GENERAL .—The term ‘‘applied silvicultural
assessment’’ means any vegetative or other treatment car-ried out for information gathering and research purposes.
(B) I
NCLUSIONS .—The term ‘‘applied silvicultural
assessment’’ includes timber harvesting, thinning, pre-scribed burning, pruning, and any combination of thoseactivities.(2) 1890
INSTITUTION .—
(A) I N GENERAL .—The term ‘‘1890 Institution’’ means
a college or university that is eligible to receive fundsunder the Act of August 30, 1890 (7 U.S.C. 321 et seq.).
(B) I
NCLUSION .—The term ‘‘1890 Institution’’ includes
Tuskegee University.(3) F
OREST -DAMAGING INSECT .—The term ‘‘forest-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;(H) a white oak borer; and(I) such other insects as may be identified by the
Secretary.(4) S
ECRETARY .—The term ‘‘Secretary’’ means—
(A) the Secretary of Agriculture, acting through the
Forest Service, with respect to National Forest Systemland; and
(B) the Secretary of the Interior, acting through appro-
priate offices of the United States Geological Survey, withrespect to federally owned land administered by the Sec-retary of the Interior.
SEC. 403. ACCELERATED INFORMATION GATHERING REGARDING
FOREST-DAMAGING INSECTS.
(a) I NFORMATION GATHERING .—The Secretary, acting through
the Forest Service and United States Geological Survey, as appro-priate, shall establish an accelerated program—
(1) to plan, conduct, and promote comprehensive and
systematic information gathering on forest-damaging insectsand associated diseases, including an evaluation of—
(A) infestation prevention and suppression methods;(B) effects of infestations and associated disease inter-
actions on forest ecosystems;
(C) restoration of forest ecosystem efforts;(D) utilization options regarding infested trees; and(E) models to predict the occurrence, distribution, and
impact of outbreaks of forest-damaging insects and associ-ated diseases;(2) to assist land managers in the development of treat-
ments and strategies to improve forest health and reduce thesusceptibility of forest ecosystems to severe infestations offorest-damaging insects and associated diseases on Federal landand State and private land; and
(3) to disseminate the results of the information gathering,
treatments, and strategies.16 USC 6553.
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(b) C OOPERATION AND ASSISTANCE .—The Secretary shall—
(1) establish and carry out the program in cooperation
with—
(A) scientists from colleges and universities (including
forestry schools, land grant colleges and universities, and1890 Institutions);
(B) Federal, State, and local agencies; and(C) private and industrial landowners; and
(2) designate such colleges and universities to assist in
carrying out the program.
SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS.
(a) A SSESSMENT EFFORTS .—For information gathering and
research purposes, the Secretary may conduct applied silviculturalassessments on Federal land that the Secretary determines is atrisk of infestation by, or is infested with, forest-damaging insects.
(b) L
IMITATIONS .—
(1) E XCLUSION OF CERTAIN AREAS .—Subsection (a) does not
apply to—
(A) a component of the National Wilderness Preserva-
tion System;
(B) any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetationis restricted or prohibited;
(C) a congressionally-designated wilderness study area;
or
(D) an area in which activities under subsection (a)
would be inconsistent with the applicable land and resourcemanagement plan.(2) C
ERTAIN TREATMENT PROHIBITED .—Nothing in sub-
section (a) authorizes the application of insecticides in munic-ipal watersheds or associated riparian areas.
(3) P
EER REVIEW .—
(A) I N GENERAL .—Before being carried out, each
applied silvicultural assessment under this title shall be
peer reviewed by scientific experts selected by the Sec-retary, which shall include non-Federal experts.
(B) E
XISTING PEER REVIEW PROCESSES .—The Secretary
may use existing peer review processes to the extent theprocesses comply with subparagraph (A).
(c) P
UBLIC NOTICE AND COMMENT .—
(1) P UBLIC NOTICE .—The Secretary shall provide notice of
each applied silvicultural assessment proposed to be carriedout under this section.
(2) P
UBLIC COMMENT .—The Secretary shall provide an
opportunity for public comment before carrying out an appliedsilviculture assessment under this section.(d) C
ATEGORICAL EXCLUSION .—
(1) I N GENERAL .—Applied silvicultural assessment and
research treatments carried out under this section on not morethan 1,000 acres for an assessment or treatment may be cat-egorically excluded from documentation in an environmentalimpact statement and environmental assessment under theNational Environmental Policy Act of 1969 (42 U.S.C. 4321et seq.).16 USC 6554.
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(2) A DMINISTRATION .—Applied silvicultural assessments
and research treatments categorically excluded under para-graph (1)—
(A) shall not be carried out in an area that is adjacent
to another area that is categorically excluded under para-graph (1) that is being treated with similar methods; and
(B) shall be subject to the extraordinary circumstances
procedures established by the Secretary pursuant to section1508.4 of title 40, Code of Federal Regulations.(3) M
AXIMUM CATEGORICAL EXCLUSION .—The total number
of acres categorically excluded under paragraph (1) shall notexceed 250,000 acres.
(4) N
O ADDITIONAL FINDINGS REQUIRED .—In accordance
with paragraph (1), the Secretary shall not be required tomake any findings as to whether an applied silvicultural assess-ment project, either individually or cumulatively, has a signifi-cant effect on the environment.
SEC. 405. RELATION TO OTHER LAWS.
The authority provided to each Secretary under this title is
supplemental to, and not in lieu of, any authority provided tothe 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 through2008.
TITLE V—HEALTHY FORESTS RESERVE
PROGRAM
SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.
(a) E STABLISHMENT .—The Secretary of Agriculture shall estab-
lish the healthy forests reserve program for the purpose of restoringand enhancing forest ecosystems—
(1) to promote the recovery of threatened and endangered
species;
(2) to improve biodiversity; and(3) to enhance carbon sequestration.
(b) C
OORDINATION .—The Secretary of Agriculture shall carry
out the healthy forests reserve program in coordination with theSecretary of the Interior and the Secretary of Commerce.
SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM.
(a) I NGENERAL .—The Secretary of Agriculture, in coordination
with the Secretary of the Interior and the Secretary of Commerce,shall describe and define forest ecosystems that are eligible forenrollment in the healthy forests reserve program.
(b) E
LIGIBILITY .—To be eligible for enrollment in the healthy
forests reserve program, land shall be—
(1) private land the enrollment of which will restore,
enhance, or otherwise measurably increase the likelihood ofrecovery of a species listed as endangered or threatened undersection 4 of the Endangered Species Act of 1973 (16 U.S.C.1533); and16 USC 6572.16 USC 6571.16 USC 6556.16 USC 6555.
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(2) private land the enrollment of which will restore,
enhance, or otherwise measurably improve the well-being ofspecies that—
(A) are not listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.1533); but
(B) are candidates for such listing, State-listed species,
or special concern species.
(c) O
THER CONSIDERATIONS .—In enrolling land that satisfies
the criteria under subsection (b), the Secretary of Agriculture shallgive additional consideration to land the enrollment of which will—
(1) improve biological diversity; and(2) increase carbon sequestration.
(d) E
NROLLMENT BY WILLING OWNERS .—The Secretary of Agri-
culture shall enroll land in the healthy forests reserve programonly with the consent of the owner of the land.
(e) M
AXIMUM ENROLLMENT .—The total number of acres enrolled
in the healthy forests reserve program shall not exceed 2,000,000acres.
(f) M
ETHODS OF ENROLLMENT .—
(1) I N GENERAL .—Land may be enrolled in the healthy
forests reserve program in accordance with—
(A) a 10-year cost-share agreement;(B) a 30-year easement; or(C) an easement of not more than 99 years.
(2) P
ROPORTION .—The extent to which each enrollment
method is used shall be based on the approximate proportionof owner interest expressed in that method in comparison tothe other methods.(g) E
NROLLMENT PRIORITY .—
(1) S PECIES .—The Secretary of Agriculture shall give pri-
ority to the enrollment of land that provides the greatest con-servation benefit to—
(A) primarily, species listed as endangered or threat-
ened under section 4 of the Endangered Species Act of1973 (16 U.S.C. 1533); and
(B) secondarily, species that—
(i) are not listed as endangered or threatened
under section 4 of the Endangered Species Act of 1973(16 U.S.C. 1533); but
(ii) are candidates for such listing, State-listed spe-
cies, or special concern species.
(2) C
OST-EFFECTIVENESS .—The Secretary of Agriculture
shall also consider the cost-effectiveness of each agreementor easement, and associated restoration plans, so as to maxi-mize the environmental benefits per dollar expended.
SEC. 503. RESTORATION PLANS.
(a) I NGENERAL .—Land enrolled in the healthy forests reserve
program shall be subject to a restoration plan, to be developedjointly by the landowner and the Secretary of Agriculture, incoordination with the Secretary of Interior.
(b) P
RACTICES .—The restoration plan shall require such restora-
tion practices as are necessary to restore and enhance habitatfor—16 USC 6573.
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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 threat-
ened or endangered status, such as candidate, State-listed spe-cies, and special concern species.
SEC. 504. FINANCIAL ASSISTANCE.
(a) E ASEMENTS OF NOTMORE THAN 99 Y EARS .—In the case
of land enrolled in the healthy forests reserve program using aneasement of not more than 99 years described in section 502(f)(1)(C),the Secretary of Agriculture shall pay the owner of the land anamount equal to not less than 75 percent, nor more than 100percent, of (as determined by the Secretary)—
(1) the fair market value of the enrolled land during the
period the land is subject to the easement, less the fair marketvalue of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices
or the average cost of approved practices carried out on theland during the period in which the land is subject to theeasement.(b) T
HIRTY -YEAR EASEMENT .—In the case of land enrolled in
the healthy forests reserve program using a 30-year easement,the Secretary of Agriculture shall pay the owner of the land anamount equal to not more than (as determined by the Secretary)—
(1) 75 percent of the fair market value of the land, less
the fair market value of the land encumbered by the easement;and
(2) 75 percent of the actual costs of the approved conserva-
tion practices or 75 percent of the average cost of approvedpractices.(c) T
EN-YEAR AGREEMENT .—In the case of land enrolled in
the healthy forests reserve program using a 10-year cost-shareagreement, the Secretary of Agriculture shall pay the owner ofthe land an amount equal to not more than (as determined bythe Secretary)—
(1) fifty percent of the actual costs of the approved conserva-
tion practices; or
(2) fifty percent of the average cost of approved practices.
(d) A
CCEPTANCE OF CONTRIBUTIONS .—The Secretary of Agri-
culture may accept and use contributions of non-Federal fundsto make payments under this section.
SEC. 505. TECHNICAL ASSISTANCE.
(a) I NGENERAL .—The Secretary of Agriculture shall provide
landowners with technical assistance to assist the owners in com-plying with the terms of plans (as included in agreements or ease-ments) under the healthy forests reserve program.
(b) T
ECHNICAL SERVICE PROVIDERS .—The Secretary of Agri-
culture may request the services of, and enter into cooperativeagreements with, individuals or entities certified as technical serviceproviders under section 1242 of the Food Security Act of 1985(16 U.S.C. 3842), to assist the Secretary in providing technicalassistance necessary to develop and implement the healthy forestsreserve program.16 USC 6575.16 USC 6574.
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SEC. 506. PROTECTIONS AND MEASURES.
(a) P ROTECTIONS .—In the case of a landowner that enrolls
land in the program and whose conservation activities result ina net conservation benefit for listed, candidate, or other species,the Secretary of Agriculture shall make available to the landownersafe harbor or similar assurances and protection under—
(1) section 7(b)(4) of the Endangered Species Act of 1973
(16 U.S.C. 1536(b)(4)); or
(2) section 10(a)(1) of that Act (16 U.S.C. 1539(a)(1)).
(b) M
EASURES .—If protection under subsection (a) requires the
taking of measures that are in addition to the measures coveredby the applicable restoration plan agreed to under section 503,the cost of the additional measures, as well as the cost of anypermit, shall be considered part of the restoration plan for purposesof financial assistance under section 504.
SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.
In carrying out this title, the Secretary of Agriculture may
consult with—
(1) nonindustrial private forest landowners;(2) other Federal agencies;(3) State fish and wildlife agencies;(4) State forestry agencies;(5) State environmental quality agencies;(6) other State conservation agencies; and(7) nonprofit conservation organizations.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title—
(1) $25,000,000 for fiscal year 2004; and(2) such sums as are necessary for each of fiscal years
2005 through 2008.
TITLE VI—MISCELLANEOUS
SEC. 601. FOREST STANDS INVENTORY AND MONITORING PROGRAM
TO IMPROVE DETECTION OF AND RESPONSE TOENVIRONMENTAL THREATS.
(a) I NGENERAL .—The Secretary of Agriculture shall carry out
a comprehensive program to inventory, monitor, characterize,assess, and identify forest stands (with emphasis on hardwoodforest stands) and potential forest stands—
(1) in units of the National Forest System (other than
those units created from the public domain); and
(2) on private forest land, with the consent of the owner
of the land.(b) I
SSUES TOBEADDRESSED .—In carrying out the program,
the Secretary shall address issues including—
(1) early detection, identification, and assessment of
environmental threats (including insect, disease, invasive spe-cies, fire, and weather-related risks and other episodic events);
(2) loss or degradation of forests;(3) degradation of the quality forest stands caused by inad-
equate forest regeneration practices;
(4) quantification of carbon uptake rates; and(5) management practices that focus on preventing further
forest degradation.16 USC 6591.16 USC 6578.16 USC 6577.16 USC 6576.
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LEGISLATIVE HISTORY—H.R. 1904:
HOUSE REPORTS: Nos. 108–96, Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm.
on the Judiciary) and 108–386 (Comm. of Conference).
SENATE REPORTS: No. 108–121 (Comm. on Agriculture, Nutrition, and Forestry).CONGRESSIONAL RECORD, Vol. 149 (2003):
May 20, considered and passed House.Oct. 29, 30, considered and passed Senate, amended.Nov. 21, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 3, Presidential remarks.(c) E ARLY WARNING SYSTEM .—In carrying out the program,
the Secretary shall develop a comprehensive early warning systemfor potential catastrophic environmental threats to forests toincrease the likelihood that forest managers will be able to—
(1) isolate and treat a threat before the threat gets out
of control; and
(2) prevent epidemics, such as the American chestnut blight
in the first half of the twentieth century, that could be environ-mentally and economically devastating to forests.(d) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $5,000,000 for eachof fiscal years 2004 through 2008.
Approved December 3, 2003.
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