[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5319 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5319

    To improve the capacity of the Secretary of Agriculture and the 
   Secretary of the Interior to expeditiously address wildfire prone 
conditions on National Forest System lands and other public lands that 
threaten communities, watersheds, and other at-risk landscapes through 
the establishment of expedited environmental analysis procedures under 
     the National Environmental Policy Act of 1969, to establish a 
predecisional administrative review process for the Forest Service, to 
     expand fire management contracting authorities, to authorize 
 appropriations for hazardous fuels reduction projects, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 2002

Mr. McInnis (for himself, Mr. Hansen, Mr. Shadegg, Mr. Young of Alaska, 
Mr. Radanovich, Mr. Duncan, Mr. Peterson of Pennsylvania, Mr. Simpson, 
 Mr. Tancredo, Mr. Souder, Mr. Hayworth, Mr. Gallegly, Mr. Herger, Mr. 
 Otter, Mr. Hastings of Florida, Mrs. Cubin, Mr. Hefley, Mr. Gibbons, 
Mr. Pombo, and Mr. Doolittle) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To improve the capacity of the Secretary of Agriculture and the 
   Secretary of the Interior to expeditiously address wildfire prone 
conditions on National Forest System lands and other public lands that 
threaten communities, watersheds, and other at-risk landscapes through 
the establishment of expedited environmental analysis procedures under 
     the National Environmental Policy Act of 1969, to establish a 
predecisional administrative review process for the Forest Service, to 
     expand fire management contracting authorities, to authorize 
 appropriations for hazardous fuels reduction projects, 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) Short Title.--This Act may be cited as the ``Healthy Forests 
Reform Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS UNDER NATIONAL ENVIRONMENTAL 
  POLICY ACT OF 1969 FOR FIRE REDUCTION AND FOREST HEALTH MEASURES ON 
                         CERTAIN FEDERAL LANDS

Sec. 101. Basis and required elements of expedited environmental 
                            analysis.
Sec. 102. Content of analysis for fire reduction and forest health 
                            measures covered by rules.
Sec. 103. Required consultation under Endangered Species Act of 1973.
Sec. 104. Judicial review.
Sec. 105. Monitoring requirements.
Sec. 106. Annual Comptroller General audit of expedited decisionmaking 
                            process.
             TITLE II--FOREST SERVICE PREDECISIONAL REVIEW

Sec. 201. Predecisional review process for Forest Service.
Sec. 202. Completion of review.
Sec. 203. Negotiated settlement.
Sec. 204. Exemption.
Sec. 205. Exhaustion of predecisional review process.
Sec. 206. Annual Comptroller General audit of predecisional review 
                            process.
Sec. 207. Repeal of Forest Service decisionmaking and appeals reform.
          TITLE III--IMMEDIATE COMMUNITY PROTECTION ASSISTANCE

Sec. 301. Findings.
Sec. 302. Emergency response to extraordinary circumstances affecting 
                            Federal lands.
Sec. 303. Actions to reduce bark beetle infestations, and attendant 
                            threat of catastrophic wildfire, in Routt 
                            National Forest, Colorado.
              TITLE IV--STEWARDSHIP CONTRACTING AUTHORITY

Sec. 401. Stewardship contracting.
Sec. 402. Contracts.
Sec. 403. Receipts.
Sec. 404. Treatment of services received.
Sec. 405. Performance and payment guarantees under a stewardship 
                            contract.
 TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUELS REDUCTION

Sec. 501. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Approximately 190,000,000 acres of National Forest 
        System lands and public lands managed by the Department of 
        Interior are at unnaturally high risk to catastrophic wildfire 
        because of the unhealthy build-up of forest fuels.
            (2) By excluding natural fire processes on these Federal 
        lands over several decades, and by failing to adequately reduce 
        the forest fuels that have accumulated in the absence of 
        naturally occurring fire, Federal land managers and scores of 
        communities face the threat of wildfires that burn hotter, 
        larger, and more destructive than has been the case with 
        wildfires historically.
            (3) The impending specter of large-scale catastrophic 
        wildfire on these Federal lands presents a clear and present 
        threat to the health and safety of scores of communities, the 
        millions of Americans who reside near these lands, and the 
        Federal, State, local, and private firefighters who will be 
        called upon to fight the eventual wildfires.
            (4) Hazardous wildfire conditions pose significant 
        unacceptable risks to the natural environment, endangering air 
        quality and water quality and quantity on a massive scale, 
        threatening the biological health and diversity of Federal, 
        State, and private forests and rangelands, jeopardizing the 
        continued viability of threatened species, endangered species, 
        and other wildlife species and their habitat in certain areas.
            (5) Professional foresters, fire ecologists, and other 
        environmental scientists rightly conclude that an active forest 
        management regime is the only way to lessen the growing risk of 
        catastrophic wildfire on Federal forests and rangelands.
            (6) The Secretary of Agriculture, the Secretary of 
        Interior, and other senior Federal land managers assert that 
        the legal morass of laws, regulations, administrative 
        procedures, and court decisions that govern National Forest 
        System lands and other public lands impose undesirably 
        cumbersome procedural, analytical, and process-related 
        requirements that make active forest and rangeland management a 
        virtual impossibility on any meaningful scale.
            (7) A June 2002 Forest Service report entitled ``The 
        Process Predicament: How Statutory, Regulatory and 
        Administrative Factors Affect National Forest Management'' 
        reached the following conclusions: ``The Forest Service 
        operates within a statutory, regulatory and administrative 
        framework that has kept the agency from effectively addressing 
        rapid declines in forest health. The Forest Service is so busy 
        meeting procedural requirements, such as preparing voluminous 
        plans, studies, and associated documentation, that it has 
        trouble fulfilling its historic mission: to sustain the health, 
        diversity, and productivity of the Nation's forests and 
        grasslands to meet the needs of present and future 
        generations.''.
            (8) This report also identified excessive procedural and 
        documentation requirements under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and an 
        administrative appeals process that invites conflict and 
        discourages collaboration as primary sources of management 
        gridlock.
            (9) To implement management activities on the scale needed 
        to meaningfully reduce the specter of large scale catastrophic 
        wildfire on Federal lands, Federal land managers need immediate 
        relief from certain procedural requirements that substantially 
        burden land management professionals without bringing any value 
        to the decisionmaking process.
            (10) Procedural requirements on agency actions related to 
        reducing the risk of catastrophic wildfire and promoting forest 
        health can be made more rational and efficient without unduly 
        infringing on the public's right to comment on proposed agency 
        actions and challenge those actions through administrative 
        channels and in the courts.
    (b) Purpose.--It is the purpose of this Act to empower Federal land 
managers to reduce hazardous fuel conditions on Federal lands that 
threaten communities, watersheds, and other at-risk landscapes 
through--
            (1) the establishment of expedited environmental analysis 
        procedures under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);
            (2) the establishment of a predecisional administrative 
        review process for the Forest Service;
            (3) the expansion of fire management contracting 
        authorities for Federal land managers; and
            (4) the authorization of appropriations sufficient for the 
        implementation of hazardous fuels reduction projects on Federal 
        lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Condition class 1.--The term ``condition class 1'', 
        with respect to an area of Federal lands, means that--
                    (A) fire regimes on the lands are within historical 
                ranges;
                    (B) vegetation composition and structure are 
                intact; and
                    (C) the risk of losing key ecosystem components 
                from the occurrence of fire remains relatively low.
            (2) Condition class 2.--The term ``condition class 2'', 
        with respect to an area of Federal lands, means that--
                    (A) fire regimes on the lands have been moderately 
                altered from their historical range by either increased 
                or decreased fire frequency; and
                    (B) there exists a moderate risk of losing key 
                ecosystem components from fire.
            (3) Condition class 3.--The term ``condition class 3'', 
        with respect to an area of Federal lands, means that--
                    (A) fire regimes on the lands have been 
                significantly altered from their historical return 
                interval and fire frequencies have departed from 
                historical ranges by multiple return intervals;
                    (B) there exists a high risk of losing key 
                ecosystem components from fire;
                    (C) vegetation composition, structure, and 
                diversity have been significantly altered; and
                    (D) the lands verge on the greatest risk of 
                ecological collapse as a result of fire.
            (4) Congressional resources committees.--The term 
        ``congressional resources committees'' means the Committee on 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate.
            (5) Day.--The term ``day'' means a calendar day.
            (6) Federal land manager.--The term ``Federal land 
        manager'' means--
                    (A) the superintendent of a unit of the National 
                Park System, the manager of a national wildlife refuge, 
                or the field office manager of a Bureau of Land 
                Management area; and
                    (B) the supervisor of a unit of the National Forest 
                System.
            (7) Federal lands.--The term ``Federal lands'' means--
                    (A) National Forest System lands; and
                    (B) public lands administered by the Secretary of 
                the Interior, acting through the National Park Service, 
                the United States Fish and Wildlife Service, or the 
                Bureau of Land Management.
            (8) Secretary concerned.--The ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture or the appropriate 
                Federal land manager with respect to the Federal lands 
                described in paragraph (7)(A); and
                    (B) the Secretary of the Interior or the 
                appropriate Federal land manager with respect to the 
                Federal lands described in paragraph (7)(B).
            (9) Stewardship contract.--The term ``stewardship 
        contract'' means a contract entered into under title IV for the 
        performance of services to achieve certain land management 
        goals for Federal lands.
            (10) Wildland-urban interface.--The term ``wildland-urban 
        interface'' means an area of Federal lands that--
                    (A) meets or intermixes with areas containing 
                humans and their homes, structures, or other human 
                developments; and
                    (B) may be vulnerable to wildfire.

TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS UNDER NATIONAL ENVIRONMENTAL 
  POLICY ACT OF 1969 FOR FIRE REDUCTION AND FOREST HEALTH MEASURES ON 
                         CERTAIN FEDERAL LANDS

SEC. 101. BASIS AND REQUIRED ELEMENTS OF EXPEDITED ENVIRONMENTAL 
              ANALYSIS.

    (a) Emergency Circumstance.--The Council on Environmental Quality 
shall treat the threat of catastrophic wildfire on Federal lands 
identified by the Secretary concerned under subsection (b) as an 
emergency circumstance for the purposes of section 1506.11 of title 40, 
Code of Federal Regulations.
    (b) Covered Agency Actions.--The Council on Environmental Quality 
shall promulgate programmatic rules establishing an expedited process 
under section 1506.11 of title 40, Code of Federal Regulations, which 
authorizes alternative arrangements in emergency circumstances that 
supersede requirements otherwise applicable under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), for each 
agency action by the Secretary concerned that the Secretary concerned 
certifies requires rapid analysis related to the reduction of the risk 
of catastrophic wildfire and the promotion of forest health on Federal 
lands for the purpose of elevating the status of such lands from 
condition class 2 or condition class 3 toward condition class 1.
    (c) Priority for Certain Federal Lands.--In utilizing the expedited 
process established under subsection (b) to implement agency actions 
for Federal lands, the Secretary concerned shall give a priority for 
agency actions related to the reduction of the risk of catastrophic 
wildfire and the promotion of forest health on Federal lands that are--
            (1) located in the wildland-urban interface;
            (2) located in the relative proximity of municipal 
        watersheds and municipal water supplies;
            (3) afflicted or imminently threatened by disease or insect 
        infestation (or both); or
            (4) windthrown or at high risk of reburn.
    (d) Consultation.--The Council on Environmental Quality shall 
promulgate the rules under subsection (b) in consultation with the 
Secretary concerned. The consultation otherwise required by section 
1506.11 of title 40, Code of Federal Regulations, shall not apply to 
agency actions covered by the expedited process.
    (e) Required Time Periods for Certain Actions.--
            (1) In general.--The rules promulgated under subsection (b) 
        shall provide for the following time limitations in connection 
        with each proposed agency action covered by the rules:
                    (A) Public comments must be received within the 21-
                day period beginning on the date of the release of the 
                proposed agency action.
                    (B) A request for predecisional review must be 
                received within the 14-day period beginning on the date 
                on which notice of the proposed decision is provided.
                    (C) The review officer must decide on the merits of 
                a challenge brought under the predecisional review 
                process within 30 days after the date on which the 
                request for review was received.
            (2) Extension.--The Secretary concerned may authorize an 
        extension of the time limits specified in paragraph (1) for a 
        proposed agency action covered by the rules promulgated under 
        subsection (b) in rare cases if the Secretary concerned 
        considers such an extension to be appropriate. However, in the 
        case of such an agency action, the expedited process under the 
        National Environmental Policy Act of 1969 must be completed and 
        any subsequent appeals reconciled or dismissed within 120 days 
        after the date of the release of the proposed agency action.
    (f) Relation to Other Authority.--The expedited process required by 
this section is in addition to other exceptions or alternative 
authorities available to the Secretary concerned under the National 
Environmental Policy Act of 1969 or its implementing regulations to 
conduct agency actions.
    (g) Time for Promulgation.--The Council on Environmental Quality 
shall promulgate the rules required by subsection (b) not later than 90 
days after the date of the enactment of this Act.
    (h) Procedure.--The promulgation of the rules under subsection (b) 
shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code; and
            (2) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (i) Exception to Congressional Review of Agency Rulemaking.--In 
promulgating the rules under subsection (b), the Council on 
Environmental Quality shall use the authority provided under section 
808 of title 5, United States Code.

SEC. 102. CONTENT OF ANALYSIS FOR FIRE REDUCTION AND FOREST HEALTH 
              MEASURES COVERED BY RULES.

    The environmental analysis required for an agency action covered by 
the rules promulgated under section 101 shall be limited to an 
abbreviated statement by the Secretary concerned on--
            (1) the purpose and need of the agency action;
            (2) the environmental effects of the agency action;
            (3) the results of consultation required under section 7 of 
        the Endangered Species Act of 1973 (16 U.S.C. 1536) or other 
        provision of law, if required for the agency action; and
            (4) the general categories and themes of public comment 
        received on the agency action.

SEC. 103. REQUIRED CONSULTATION UNDER ENDANGERED SPECIES ACT OF 1973.

    (a) Consultation Process.--In the case of an agency action covered 
by the rules promulgated under section 101 for which consultation is 
required under section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536), the Secretary concerned shall commence such consultation 
with the United States Fish and Wildlife Service or the National Marine 
Fisheries Service, whichever is appropriate, not later than the date on 
which the Secretary concerned provides public notice of the proposed 
agency action.
    (b) Completion.--Within 75 days after the date on which 
consultation commences under subsection (a) with regard to an agency 
action, the United States Fish and Wildlife Service and National Marine 
Fisheries Service shall conclude such consultation.
    (c) Allocation of Resources.--The United States Fish and Wildlife 
Service and National Marine Fisheries Service shall allocate such 
resources as may be necessary and take such steps as may be necessary 
to ensure compliance with subsection (b).

SEC. 104. JUDICIAL REVIEW.

    (a) Place and Time of Filing.--An agency action covered by the 
rules promulgated under section 101 shall be subject to judicial review 
only in the United States district court for the district in which the 
Federal lands affected by the agency action are located. Any challenge 
to the agency action must be filed in such district court within 15 
days after the date on which the agency action is final. The Secretary 
concerned may not agree to, and a court may not grant, a waiver of the 
requirements of this subsection.
    (b) Effect of Filing on Agency Action.--For 45 days after the date 
of the filing of a challenge to an agency action covered by the rules 
promulgated under section 101, the Secretary concerned shall take no 
action to implement the agency action. Given this limitation on agency 
action, and the expedited review period prescribed by subsection (c), 
there should be no need for the reviewing court to issue a restraining 
order or preliminary injunction.
    (c) Time for Decision.--Civil actions filed under this section 
shall be assigned for hearing at the earliest possible date. The court 
shall render its final decision relative to any challenge within 45 
days after the date on which the challenge is brought, unless the court 
determines that a longer period of time is required to satisfy the 
requirements of the United States Constitution. In order to reach a 
decision within 45 days, the district court may assign all or part of 
any such case or cases to one or more Special Masters, for prompt 
review and recommendations to the court.
    (d) Standard of Review.--The courts shall have authority to enjoin 
permanently, order modification of, or void an agency action if it is 
determined by a review of the record that the decision that is the 
basis for the agency action was arbitrary and capricious or otherwise 
not in accordance with applicable law.
    (e) Procedures.--Notwithstanding any other provision of law, the 
court may set rules governing the procedures of any proceeding brought 
under this section which set page limits on briefs and time limits on 
filing briefs and motions and other actions that are shorter than the 
limits specified in the Federal rules of civil or appellate procedure.
    (f) Appeal.--Any appeal from the final decision of a district court 
in an action brought pursuant to this section shall be filed not later 
than 30 days after the date of decision.

SEC. 105. MONITORING REQUIREMENTS.

    (a) Monitoring by Independent Panel.--The Secretary of Agriculture 
and the Secretary of the Interior shall jointly establish an 
independent panel to conduct a general assessment, using accepted 
measures, indicators, and sampling techniques, of the general success 
of agency actions covered by the rules promulgated under section 101 in 
reducing the risk of catastrophic wildfire, promoting forest health, 
protecting watersheds, and sustaining biological diversity and other 
ecological values on Federal lands. The panel shall catalogue any 
adverse environmental effects or unforeseen ecological consequences 
associated with the agency actions, if they occur.
    (b) Membership.--The panels established under this section shall 
consist in part of members nominated by the Chairmen and ranking 
minority members of each of the congressional resources committees.
    (c) Annual Assessment and Reporting.--The assessment required by 
subsection (a) shall be performed on an annual basis, and the panel 
shall submit to the Secretary concerned and the congressional resources 
committees an annual report containing the results of the assessment.
    (d) Secretarial Response.--The Secretary concerned shall respond to 
the annual report of the panel, and that response shall be included in 
the copy of the report submitted to the congressional resources 
committees.

SEC. 106. ANNUAL COMPTROLLER GENERAL AUDIT OF EXPEDITED DECISIONMAKING 
              PROCESS.

    (a) Annual Audit Required.--The Comptroller General shall conduct 
an annual programmatic audit to determine the efficacy of the rules 
promulgated under section 101 and the other requirements of this title 
in--
            (1) expediting the implementation of agency actions to 
        mitigate the threat of catastrophic wildfire, improve forest 
        health, protect watersheds, and sustain biological diversity 
        and other ecological values on Federal lands;
            (2) yielding an informed analysis of environmental effects 
        associated with proposed agency actions;
            (3) guaranteeing meaningful opportunities for the public to 
        comment on proposed actions, consistent with the imperative 
        that the Secretary concerned move with dispatch in reducing 
        hazardous conditions on Federal lands; and
            (4) minimizing excessive documentation and analysis that do 
        not aid informed decisionmaking and slow implementation of 
        wildfire mitigation or forest health projects.
    (b) Reporting Requirement.--The Comptroller General shall submit to 
the congressional resources committees an annual report containing the 
results of the audit.

             TITLE II--FOREST SERVICE PREDECISIONAL REVIEW

SEC. 201. PREDECISIONAL REVIEW PROCESS FOR FOREST SERVICE.

    (a) Establishment.--The Secretary of Agriculture shall establish a 
predecisional review process to be used for--
            (1) Forest Service actions covered by the rules promulgated 
        under section 101; and
            (2) other proposed actions of the Forest Service concerning 
        projects and activities implementing land and resource 
        management plans developed under the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 et 
        seq.).
    (b) Notice.--The predecisional review process shall provide for 
notice of a proposed decision and an opportunity to request review 
before a final decision on the agency action is made.
    (c) Opportunity To Request a Predecisional Review.--For a period 
not to exceed 14 days from the date notice is provided under subsection 
(b) with respect to a proposed decision, review of the proposed 
decision may be requested by any person, but only if the person 
submitted specific written comments during the preparation stage of the 
agency action on the specific issue or issues for which predecisional 
review is sought.
    (d) Inapplicability to Decisions of the Secretary.--The 
predecisional review process does not apply to decisions made 
personally by the Secretary of Agriculture.

SEC. 202. COMPLETION OF REVIEW.

    (a) Completion.--The review of a request for predecisional review 
shall be completed within 30 days after the date the request for review 
was received, but in no case later than the issuance of the final 
decision regarding the agency action.
    (b) Correction of Proposed Decision.--In lieu of remanding a 
proposed agency action regarding which the Forest Service review 
officer determines that the review request has merit, the review 
officer, in consultation with the parties, may sign a new decision so 
as to avoid the time-consuming remand process.

SEC. 203. NEGOTIATED SETTLEMENT.

    (a) Availability.--Notwithstanding any other provision of the law, 
during the 30-day review period, the Forest Service review officer may 
participate in negotiations with the parties and other persons who 
submitted written comments during the preparation stage of the agency 
action in an attempt to reach settlement on the appealed issues.
    (b) Discretion.--The decision to accept a negotiated settlement 
under this section is at the sole discretion of the Forest Service 
review officer.

SEC. 204. EXEMPTION.

    The Secretary of Agriculture may exempt from the predecisional 
review process any proposed decision responding to an unexpected or 
serious event that would provide relief from imminent hazards 
threatening human health, property, and safety or natural resources.

SEC. 205. EXHAUSTION OF PREDECISIONAL REVIEW PROCESS.

    Notwithstanding any other provision of law, a person must exhaust 
the predecisional review process provided under this title before the 
person may bring an action in court challenging an agency action 
described in section 201(a).

SEC. 206. ANNUAL COMPTROLLER GENERAL AUDIT OF PREDECISIONAL REVIEW 
              PROCESS.

    (a) Annual Audit Required.--The Comptroller General shall conduct 
an annual programmatic audit to determine the efficacy of the 
predecisional review process in--
            (1) providing meaningful opportunities for persons to 
        petition for administrative redress against agency actions 
        alleged to have been decided in error; and
            (2) forestalling legal challenges in the courts by 
        encouraging collaborative mediation of disputes during 
        administrative review processes;
    (b) Reporting Requirement.--The Comptroller General shall submit to 
the congressional resources committees an annual report containing the 
results of the audit.

SEC. 207. REPEAL OF FOREST SERVICE DECISIONMAKING AND APPEALS REFORM.

    (a) Repeal.--Effective 90 days after the date of the enactment of 
this Act, section 322 of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 
note), is repealed.
    (b) Effect on Existing Appeals.--Section 322 of the Department of 
the Interior and Related Agencies Appropriations Act, 1993 (Public Law 
102-381; 16 U.S.C. 1612 note), as in effect on the day before the 
effective date of the repeal, shall continue to apply to decisions 
issued before that date.

          TITLE III--IMMEDIATE COMMUNITY PROTECTION ASSISTANCE

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) Section 706(j) of the 2002 Supplemental Appropriations 
        Act for Further Recovery From and Response To Terrorist Attacks 
        on the United States requires certain forest management 
        activities in the Black Hills National Forest in the State of 
        South Dakota to proceed immediately and to completion 
        notwithstanding any other provision of law including, but not 
        limited to, the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and the National Forest Management Act (16 
        U.S.C. 1601 et seq.).
            (2) Such section also exempts these activities from the 
        notice, comment, and appeal requirements of section 322 of 
        Public Law 102-381 (commonly known as the Appeals Reform Act; 
        16 U.S.C. 1612 note) and from judicial review by any court of 
        the United States.
            (3) Extraordinary circumstances are present on other 
        Federal lands, and the same exemptions should apply to land 
        management activities by the Secretary concerned to address 
        these extraordinary circumstances.

SEC. 302. EMERGENCY RESPONSE TO EXTRAORDINARY CIRCUMSTANCES AFFECTING 
              FEDERAL LANDS.

    Due to the extraordinary circumstances present on the Federal lands 
described in this title, actions authorized by this title shall proceed 
immediately and to completion notwithstanding any other provision of 
law including, but not limited to, the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management 
Act (16 U.S.C. 1601 et seq.). In addition, such activities shall not be 
subject to the notice, comment, and appeal requirements of title II of 
this Act or section 322 of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 
note), or to judicial review by any court of the United States.

SEC. 303. ACTIONS TO REDUCE BARK BEETLE INFESTATIONS, AND ATTENDANT 
              THREAT OF CATASTROPHIC WILDFIRE, IN ROUTT NATIONAL 
              FOREST, COLORADO.

    Section 302 shall apply to actions undertaken by the Secretary of 
Agriculture pursuant to the Forest Service Record of Decision signed 
April 8, 2002, to reduce bark beetle infestations, and the attendant 
threat of catastrophic wildfire, in spruce and lodgepole pine stands in 
the Routt National Forest in portions of Grand, Jackson, and Moffat 
Counties, Colorado, as based on and supported by the Bark Beetle 
Analysis Final Environmental Impact Statement completed in April 2002.

              TITLE IV--STEWARDSHIP CONTRACTING AUTHORITY

SEC. 401. STEWARDSHIP CONTRACTING.

    (a) Contracts Authorized.--The Secretary concerned may enter into 
stewardship contracts with private persons or other public or private 
entities to perform services to achieve land management goals for 
Federal lands.
    (b) Land Management Goals.--The land management goals to be 
accomplished using a stewardship contract may include one or more of 
the following:
            (1) Road and trail maintenance or obliteration to restore 
        or maintain water quality.
            (2) Enhancement of soil productivity, habitat for wildlife 
        and fisheries, or other resource values.
            (3) Prescribed fires to improve the composition, structure, 
        condition, and health of forests, woodlands, and rangelands or 
        to improve wildlife habitat.
            (4) Removal of vegetation or other activities to promote 
        healthy forest stands, woodlands, and rangelands, to reduce 
        fire hazards, or to achieve other land management objectives.
            (5) Watershed restoration and maintenance.
            (6) Restoration and maintenance of wildlife and fish 
        habitat.
            (7) Control of noxious and exotic weeds and reestablishing 
        native plant species.
            (8) Any other land management goals under existing 
        statutory authorities.

SEC. 402. CONTRACTS.

    (a) Award Procedure.--A stewardship contract may be awarded on a 
best-value basis, including consideration of the contractor's 
performance under other public and private contracts and the 
contractor's ability to meet performance measures in the contract. In 
the case of National Forest System lands, the Secretary of Agriculture 
may solicit offers and award such contracts notwithstanding the 
requirements of subsections (a), (d), (e)(1)(B), and (g) of section 14 
of the National Forest Management Act of 1976 (16 U.S.C. 472a).
    (b) Multiyear Term.--Notwithstanding any other provision of law, 
the term of a stewardship contract may exceed five years but may not 
exceed 10 years.
    (c) Offsets.--
            (1) In general.--The Secretary concerned may apply the 
        value of timber or forest products, or other vegetative 
        materials, removed as an offset against the cost of services 
        received in connection with stewardship contracts.
            (2) Methods of appraisal.--The value of timber or forest 
        products, or other vegetative materials, used as offsets under 
        paragraph (1) may, as appropriate, be determined--
                    (A) using existing agency guidelines commensurate 
                with the quality and quantity of products to be 
                removed;
                    (B) through a competitive bidding process; or
                    (C) using a unit of measure appropriate to the 
                products which may include valuation on-site.
            (3) Excess offset value.--If the offset value of the 
        products exceeds the value of the resource improvement 
        treatments, the Secretary concerned may collect any excess 
        offset value and apply it as provided in section 403.
    (d) Authorities.--In carrying out this section, the Secretary 
concerned may use existing contracting authorities and procedures or 
may develop by regulation new authorities and procedure.
    (e) Monitoring, Evaluation, and Reporting.--The Secretary concerned 
shall establish a multiparty monitoring and evaluation process that 
assesses community acceptance of agency land management activities and 
improvements in the effectiveness of agency business management of 
stewardship contracting conducted under this section. Besides 
representatives of Federal land managers, participants in this process 
may include any cooperating governmental agencies, including tribal 
governments, and any interested groups or individuals. The Secretary 
concerned shall not be required to perform multiparty monitoring and 
evaluation in any region where the Secretary's cost, including in-kind 
contributions, to carry out multiparty monitoring and evaluation would 
exceed 50 percent of the total cost of such multiparty monitoring and 
evaluation.

SEC. 403. RECEIPTS.

    (a) Collection.--The Secretary concerned may collect moneys from a 
stewardship contract so long as such collection is secondary to the 
land management goals of the contract.
    (b) Availability.--Notwithstanding any other provision of law, 
funds described in subsection (a) and section 402(c)(3) shall--
            (1) be made available to the Secretary concerned that 
        collected the funds without further appropriation; and
            (2) remain available until expended.
    (c) Use by Secretary of Agriculture.--In the case of funds 
collected by the Secretary of Agriculture the funds may--
            (1) be used by the Secretary of Agriculture for activities 
        under a stewardship contract; or
            (2) deposited into the Knutson-Vandenberg Fund authorized 
        by the Act of June 9, 1930 (commonly known as the Knutson-
        Vandenberg Act; 16 U.S.C. 576 et seq.).
    (d) Use by Secretary of the Interior.--In the case of funds 
collected by the Secretary of the Interior, the funds may be used by 
the Secretary of the Interior for activities under a stewardship 
contract.
    (e) Costs of Removal.--The Secretary of Agriculture may collect 
deposits from contractors covering the costs of removal of timber or 
other forest products pursuant to the Act of August 11, 1916 (16 U.S.C. 
490); and the next to the last paragraph under the heading ``Forest 
Service'' under the heading ``Department of Agriculture'' in the Act of 
June 30, 1914 (16 U.S.C. 498), notwithstanding the fact that the timber 
purchasers did not harvest the timber.

SEC. 404. TREATMENT OF SERVICES RECEIVED.

    The value of services received by the Secretary under a stewardship 
contract and any payments made or resources provided by the contractor 
or the Secretary concerned under such a contract shall not be 
considered to be moneys received from the National Forest System or 
other Federal lands under any other provision of law, including--
            (1) the Act of June 9, 1930 (commonly known as the Knutson-
        Vandenberg Act; 16 U.S.C. 576 et seq.);
            (2) section 3 of the Materials Act of 1947 (30 U.S.C. 603); 
        or
            (3) provisions regarding Oregon and California Railroad and 
        Coos Bay Wagon Road Grant Lands Trust Lands (43 U.S.C. 1181f 
        and 1181f-1; 43 U.S.C. 1735 and 1736a).

SEC. 405. PERFORMANCE AND PAYMENT GUARANTEES UNDER A STEWARDSHIP 
              CONTRACT.

    The Secretary concerned may require performance and payment bonds, 
in accordance with sections 103-2 and 103-3 of part 28 of the Federal 
Acquisition Regulation (48 C.F.R. chapter I, 28.103-2, 28.103-3), in an 
amount that the contracting officer considers sufficient to protect the 
Government's interest in the estimated value of the products to be 
removed under the stewardship contract.

 TITLE V--AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUELS REDUCTION

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for the Secretary of Agriculture.--There are 
authorized to be appropriated to the Secretary of Agriculture for the 
purpose of hazardous fuels reduction projects on National Forest System 
lands the following amounts:
            (1) Fiscal year 2004, $262,100,000.
            (2) Fiscal year 2005, $393,000,000.
            (3) Fiscal year 2006, $408,000,000.
            (4) Fiscal year 2007, $420,000,000.
            (5) Fiscal year 2008, $460,000,000.
            (6) Fiscal year 2009, $500,000,000.
            (7) Fiscal year 2010, $542,000,000.
            (8) Fiscal year 2011, $580,000,000.
    (b) Authorization for the Secretary of Interior.--There are 
authorized to be appropriated to the Secretary of Interior for the 
purpose of hazardous fuels reduction on Federal lands described in 
section 3(7)(B) the following amounts:
            (1) Fiscal year 2004, $250,000,000.
            (2) Fiscal year 2005, $375,000,000.
            (3) Fiscal year 2006, $390,000,000.
            (4) Fiscal year 2007, $433,000,000.
            (5) Fiscal year 2008, $440,000,000.
            (6) Fiscal year 2009, $480,000,000.
            (7) Fiscal year 2010, $518,000,000.
            (8) Fiscal year 2011, $558,000,000.
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