[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1621 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 1621

To provide environmentally sound, expedited procedures for the planning 
  and implementation of hazardous fuels reduction activities for wild-
 fire prone National Forest System lands and lands administered by the 
           Bureau of Land Management, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2003

     Mr. George Miller of California (for himself and Mr. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
   Agriculture, and in addition to the Committee on Resources, 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 provide environmentally sound, expedited procedures for the planning 
  and implementation of hazardous fuels reduction activities for wild-
 fire prone National Forest System lands and lands administered by the 
           Bureau of Land Management, 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.

    (a) Short Title.--This Act may be cited as the ``Federal Lands 
Hazardous Fuels Reduction Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Hazardous fuels reduction projects authorized.
Sec. 4. Collaboration and public input process.
Sec. 5. Expedited planning and implementation process.
Sec. 6. Development of definitions of old and large trees.
Sec. 7. Ongoing projects and existing authorities.
Sec. 8. Preference to communities with fire prevention ordinances.
Sec. 9. Sunset.
Sec. 10. Authorization of appropriations.
Sec. 11. Availability and use of Reforestation Trust Fund.

SEC. 2. DEFINITIONS.

    (a) Land Type and Fire Regime Definitions From Forest Service Rocky 
Mountain Research Station.--In this Act:
            (1) Condition class 2.--The term ``condition class 2'' 
        refers to lands on which--
                    (A) fire regimes have been moderately altered from 
                their historical fire return intervals;
                    (B) there exists a moderate risk of losing key 
                ecosystem components; and
                    (C) vegetation attributes have been moderately 
                altered from their historical range.
            (2) Condition class 3.--The term ``condition class 3'' 
        refers to lands on which--
                    (A) fire regimes have been significantly altered 
                from their historical fire return intervals; and
                    (B) there exists a high risk of losing key 
                ecosystem components.
            (3) Fire regime i.--The term ``fire regime I'' refers to 
        lands--
                    (A) on which historically there are low severity 
                fires with a frequency of 0-35 years; and
                    (B) are located primarily in low elevation forests 
                of pine, oak, and pinyon-juniper.
            (4) Fire regime ii.--The term ``fire regime II'' refers to 
        lands--
                    (A) on which historically there are stand 
                replacement severity fires with a frequency of 0-35 
                years; and
                    (B) are located primarily in low- to mid-elevation 
                forests, rangelands, grasslands, or shrublands.
            (5) Fire regime iii.--The term ``fire regime III'' refers 
        to lands--
                    (A) on which historically there are mixed severity 
                fires with a frequency of 35-100 years; and
                    (B) are located primarily in forests of mixed 
                conifer, dry Douglas Fir, and wet Ponderosa pine.
    (b) Other Definitions.--In this Act:
            (1) Best value contracting.--The term ``best value 
        contracting'' means the contracting process described in 
        section 15.101 of title 48, Code of Federal Regulations, which 
        allows the inclusion of non-cost factors in the contract 
        process.
            (2) Comprehensive strategy.--The term ``Comprehensive 
        Strategy'' means the Comprehensive Strategy for a Collaborative 
        Approach for Reducing Wildland Fire Risks to Communities and 
        the Environment, dated May 2002, which was developed pursuant 
        to the conference report to accompany the Department of the 
        Interior and Related Agencies Appropriations Act, 2001 (House 
        Report 106-646).
            (3) Federal lands.--Except as provided in subsection (c), 
        the term ``Federal lands'' means--
                    (A) National Forest System lands; and
                    (B) public lands administered by the Secretary of 
                the Interior acting through the Bureau of Land 
                Management.
            (4) Goods for service contracting.--The term ``goods for 
        service contracting'' means the contracting process described 
        in section 347 of the Department of the Interior and Related 
        Agencies Appropriations Act, 1999 (as contained in section 
        101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 
        note).
            (5) Hazardous fuels reduction project.--The term 
        ``hazardous fuels reduction project'' means a project--
                    (A) undertaken for the purpose of reducing the 
                amount of hazardous fuels resulting from alteration of 
                a natural fire regime as a result of fire suppression 
                or other activities; and
                    (B) accomplished through the use of prescribed 
                burning or mechanical treatment, or combination 
                thereof.
            (6) Inventoried roadless area.--The term ``inventoried 
        roadless area'' means one of the areas identified in the set of 
        inventoried roadless areas maps contained in the Forest Service 
        Roadless Areas Conservation, Final Environmental Impact 
        Statement, Volume 2, dated November 2000.
            (7) Local preference contracting.--The term ``local 
        preference contracting'' means the contracting process 
        described in section 333 of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (division F of Public 
        Law 108-7; 117 Stat. 277), that gives preference to local 
        businesses.
            (8) Management unit.--The term ``management unit'', with 
        respect to Federal lands, means a unit of the National Forest 
        System or a land management district of the Bureau of Land 
        Management
            (9) Municipal water supply system.--The term ``municipal 
        water supply'' means reservoirs, canals, ditches, flumes, 
        laterals, pipes, pipelines, or other surface facilities and 
        systems constructed or installed for the impoundment, storage, 
        transportation, or distribution of drinking water for a 
        community.
            (10) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (or the designee 
                of the Secretary) with respect to National Forest 
                System lands; and
                    (B) the Secretary of the Interior (or the designee 
                of the Secretary) with respect to public lands 
                administered by the Secretary through the Bureau of 
                Land Management.
            (11) Wildland-urban interface.--The term ``wildland-urban 
        interface'' means a geographic area designated by the Secretary 
        concerned as any area--
                    (A) defined on page 753 of volume 66 of the Federal 
                Register, as published on January 4, 2001;
                    (B) on which conditions are conducive to large-
                scale fire disturbance events; and
                    (C) for which a significant risk exists of a 
                resulting spread of the fire disturbance event, after 
                ignition, which would threaten human life and property.
    (c) Excluded Federal Lands.--This Act, including the expedited 
process described in section 5, does not apply to any Federal lands--
            (1) included as a component of the National Wilderness 
        Preservation System;
            (2) where commercial logging is prohibited or restricted by 
        Act of Congress, presidential proclamation, or agency 
        determination;
            (3) included in a wilderness study area; or
            (4) included in an inventoried roadless area.

SEC. 3. HAZARDOUS FUELS REDUCTION PROJECTS AUTHORIZED.

    (a) Consistency With Implementation Plan.--The processes authorized 
or required by this Act shall be consistent with the implementation 
plan for the Comprehensive Strategy to reduce hazardous fuels on 
Federal lands.
    (b) Priority Hazardous Fuels Reduction Projects.--
            (1) Projects on certain federal lands.--In implementing 
        hazardous fuels reduction projects under this Act, the 
        Secretary concerned shall give priority to projects on the 
        following Federal lands:
                    (A) Federal lands that are located in the wildland-
                urban interface within one-half mile of a community 
                where fire regime I, fire regime II, or fire regime III 
                exists and that are in condition class 2 or condition 
                class 3.
                    (B) Federal lands where fire regime I, fire regime 
                II, or fire regime III exists that are in condition 
                class 3, or condition class 2 if the Federal lands are 
                intermingled with condition class 3 lands, and that are 
                located in such proximity to a municipal water supply 
                system that a hazardous fuels reduction project should 
                be carried out in order to reduce the risk of harm to 
                such system or the quality of a municipal water supply 
                resulting from an unusually severe wildfire.
            (2) Limitation on other projects pending completion of 
        priority projects.--In any management unit of the Federal lands 
        in which Federal lands described in paragraph (1) are located, 
        the Secretary concerned shall not carry out any hazardous fuels 
        reduction project under this Act on any other lands in that 
        management unit until the Secretary concerned completes 
        treatment of all acreage in that management unit on Federal 
        lands described in paragraph (1).
    (c) Compliance With Land Management Plans.--A hazardous fuels 
reduction project planned and conducted under this Act must be 
consistent with the land and resource management plan, land use plan, 
and other agency plans and regulations applicable to the Federal lands 
covered by the project.
    (d) Project Contracting.--To conduct a hazardous fuels reduction 
project under this Act, the Secretary concerned shall use local 
preference contracting and best value contracting. Payments under a 
contract entered into to implement a project under this Act shall only 
be made on a fee-for-service basis. The Secretary concerned shall not 
use goods-for-service contracting to implement a project under this 
Act.
    (e) Limitations.--In conducting a hazardous fuels reduction project 
under this Act, the Secretary concerned--
            (1) shall not construct new permanent or temporary roads;
            (2) shall maintain all old and large trees and the 
        structure, function, and composition of late-successional 
        forest stands appropriate for each ecosystem type, until the 
        process required by section 6 is complete and Congress formally 
        adopts or rejects the recommendations by Act of Congress;
            (3) shall focus on thinning from below when using 
        mechanical treatment.
    (f) Acreage Limitation.--Not more than 20,000,000 acres of Federal 
land may be treated using the authorities provided by this Act.
    (g) Funding Priority.--Of funds expended for hazardous fuels 
reduction projects under this Act, at least 75 percent shall be 
expended on projects in the wildland-urban interface within one-half 
mile of a community.
    (h) Monitoring.--
            (1) Monitoring required.--The Secretary concerned shall 
        establish a balanced multiparty monitoring process in order for 
        Congress to assess a representative sampling of the hazardous 
        fuels reduction projects implemented under this Act.
            (2) Report required.--Not later than one year after the 
        expiration of this Act, as provided in section 9, the Secretary 
        concerned shall submit to Congress a report containing, at a 
        minimum, the following:
                    (A) An assessment of the cumulative accomplishments 
                or adverse impacts of the fuels reduction projects 
                conducted under this Act.
                    (B) A description of the ecological effects of the 
                projects conducted under this Act.
                    (C) A description of the economic viability, 
                impacts, and costs of the projects conducted under this 
                Act.

SEC. 4. COLLABORATION AND PUBLIC INPUT PROCESS.

    (a) Process Required.--
            (1) Development.--As a condition on the selection of 
        hazardous fuels reduction projects under section 3, the 
        Secretary of Agriculture and the Secretary of the Interior 
        shall jointly develop a collaborative process with interested 
        parties, consistent with the implementation plan for the 
        Comprehensive Strategy. The collaborative process developed by 
        the Secretaries may be the process set forth in title II of the 
        Secure Rural Schools and Community Self-Determination Act of 
        2000 (Public Law 106-393; 16 U.S.C. 500 note).
            (2) Required maps and public meetings.--As part of the 
        process developed under subsection (a), the Secretaries shall--
                    (A) produce maps designating the condition class of 
                lands at the appropriate landscape scale;
                    (B) make such maps readily available for public 
                inspection; and
                    (C) hold a public meeting to discuss condition 
                classification of lands by management unit and to 
                identify priority areas for hazardous fuels reduction 
                projects.
    (b) Public Notice.--
            (1) Quarterly notice.--The Secretary concerned shall 
        provide quarterly notice of each hazardous fuels reduction 
        project proposed to be conducted using the expedited process 
        described in section 5. The quarterly notice shall be provided 
        in the Federal Register, in a local paper of record, and on an 
        agency website. The Secretary concerned may combine this 
        quarterly notice with other quarterly notices otherwise issued 
        regarding Federal land management.
            (2) Content.--The notice required by paragraph (1) shall 
        include, at a minimum, the following information regarding each 
        hazardous fuels reduction project contained in the notice:
                    (A) Specific identification that the project is a 
                hazardous fuels reduction project for which the 
                expedited process described in section 5 will be used, 
                including a clear statement whether the agency intends 
                to use a categorical exclusion or to prepare an 
                environmental assessment or environmental impact 
                statement.
                    (B) A description of the project, including as much 
                information on its geographic location as practicable.
                    (C) The approximate date on which scoping for the 
                project will begin.
                    (D) Information regarding how interested members of 
                the public can take part in the development of the 
                project pursuant to the expedited process described in 
                section 5.
    (c) Public Meeting.--Following publication of each quarterly notice 
under subsection (b), but before the beginning of scoping for the 
project pursuant to the expedited process described in section 5, the 
Secretary concerned shall conduct a public meeting at an appropriate 
location in each administrative unit of the Federal lands regarding 
those hazardous fuels reduction projects contained in the quarterly 
notice that are proposed to be conducted in that administrative unit. 
The Secretary concerned shall provide advance notice of the date and 
time of the meeting in the quarterly notice or using the same means 
described in subsection (b)(1).
    (d) Final Agency Action.--The Secretary concerned shall provide 
notice in the local paper of record and on an agency website of any 
final agency action regarding a hazardous fuels reduction project for 
which the expedited process described in section 5 are used.
    (e) Public Petitions for Inclusion or Exclusion of Lands.--
            (1) Right to petition.--An entity referred to in paragraph 
        (4) may submit to the Secretary concerned a petition, with 
        supporting evidence, that requests the inclusion or exclusion 
        of an area of Federal lands in subsection (a) with regard to 
        condition class.
            (2) Evaluation.--The Secretary concerned shall respond to a 
        petition under paragraph (1) by public notice of a public 
        viewing of the area in question, within 90 days of receipt the 
        petition, with the petitioner and any other interested parties.
            (3) Response.--The Secretary concerned shall accept or deny 
        the petition within 180 days of its receipt, based on the site 
        evaluation under paragraph (2) and a specific review of the 
        historical conditions, forest type, and present fuel loads of 
        the Federal lands covered by the petition.
            (4) Authorized petitioners.--A petition under paragraph (1) 
        may be submitted by any of the following:
                    (A) A political subdivision of a State.
                    (B) A federally formed resource advisory council or 
                provincial advisory committee.
                    (C) A resource advisory committee established under 
                section 205 of the Secure Rural Schools and Community 
                Self-Determination Act of 2000 (Public Law 106-393; 16 
                U.S.C. 500 note).

SEC. 5. EXPEDITED PLANNING AND IMPLEMENTATION PROCESS.

    (a) Scoping.--The Secretary concerned shall conduct scoping with 
respect to each hazardous fuels reduction project for which the 
expedited process established by this section are to be used.
    (b) Categorical Exclusions.--
            (1) Presumption near communities.--If a hazardous fuels 
        reduction project covered by section 3, for which the 
        collaborative and public input process required by section 4 is 
        used, covers Federal lands located in the wildland-urban 
        interface within one-half mile of a community, the project is 
        deemed to be categorically excluded from further analysis under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4331 
        et seq.). The Secretary concerned need not make any findings as 
        to whether the project, either individually or cumulatively, 
        has a significant effect on the environment. However, within 
        the one-half mile zone surrounding a community, the Secretary 
        concerned shall vary the treatments used to achieve 
        heterogeneity of forest conditions and to ensure forest health.
            (2) Extraordinary circumstances exception.--Paragraph (1) 
        shall not apply to Federal lands located in the wildland-urban 
        interface within one-half mile of a community if extraordinary 
        circumstances exist with respect to the lands.
            (3) Extraordinary circumstances.--In the case of a 
        hazardous fuels reduction project for which a categorical 
        exclusion applies under paragraph (1), if extraordinary 
        circumstances exist with respect to the project, the Secretary 
        concerned shall follow agency procedures (as contained in CEQ 
        regulation 1508.4, Forest Service Handbook 1909.15, chapters 
        30-33, as of August 22, 2002, and Bureau of Land Management 
        Handbook H-1790-1, 516 DM 2.1-2.10) related to categorical 
        exclusions and extraordinary circumstances.
            (4) Appeals.--Hazardous fuels reduction projects 
        implemented using a categorical exclusion under paragraph (1) 
        are not subject to appeal requirements imposed by 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 the Department of the Interior Office of Hearings and 
        Appeals.
    (c) Environmental Assessments.--
            (1) In general.--With respect to priority lands identified 
        in section 3(b), if a categorical exclusion does not apply 
        under subsection (b) to a hazardous fuels reduction project 
        under section 3 for the lands, the Secretary concerned shall 
        determine, consistent with the National Environmental Policy 
        Act of 1969, whether an environmental assessment will be 
        sufficient to meet the requirements for the project under such 
        Act.
            (2) Content.--An environmental assessment prepared for a 
        hazardous fuels reduction project under section 3 shall--
                    (A) be concise, if possible not more than 10-15 
                pages;
                    (B) describe sufficient information and analyses 
                for determining whether to prepare an environmental 
                impact statement or a finding of no significant impact;
                    (C) state the need for the proposed action;
                    (D) describe alternative actions, as required by 
                section 102(2)(E) of the National Environmental Policy 
                Act of 1969;
                    (E) briefly describe the environmental impacts of 
                the proposed action and alternatives;
                    (F) list the agencies and persons consulted, as 
                required by section 1508.9 of title 40, Code of Federal 
                Regulations, with respect to National Forest System 
                lands;
                    (G) reference supporting data, inventories and 
                other documents on which the Secretary concerned relied 
                to make the decision; and
                    (H) involve interested agencies and the public in 
                the preparation of the environmental assessment.
            (3) Availability of decision document.--When the decision 
        document is complete for a hazardous fuels reduction project 
        under section 3 for which an environmental assessment or 
        categorical exclusion memo is prepared, the Secretary concerned 
        shall--
                    (A) provide notice of the decision document in the 
                Federal Register, the local paper of record, and an 
                agency website, including notice stating how the 
                documentation listed in subparagraph (B) will be 
                available; and
                    (B) make the environmental analysis document, 
                administrative record, and decision document or memo 
                for the project, pursuant to section 215.2 of title 36, 
                Code of Federal Regulations, readily available for 
                public review.
            (4) Appeals.--Notwithstanding the appeal requirements 
        imposed by 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 the Department of the Interior Office 
        of Hearings and Appeals--
                    (A) persons must file any administrative appeal of 
                a project under this subsection within 30 days after 
                the date of issuance of the decision document for the 
                project;
                    (B) the Secretary concerned shall resolve any 
                appeal not later than 20 days after the closing date 
                for filing an appeal; and
                    (C) the Secretary concerned shall stay 
                implementation of the project until the end of the 15-
                day period beginning on date on which the Secretary 
                concerned resolves any administrative appeal that 
                complies with the requirements in subsection (d).
    (d) Additional Limitation on Administrative Appeals.--
Notwithstanding section 322 of the Department of the Interior and 
Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 
U.S.C. 1612 note), if a draft document prepared pursuant to the 
National Environmental Policy Act of 1969 for a hazardous fuels 
reduction project covered by section 3 was available for public 
comment, the Secretary of Agriculture may require that a person filing 
an administrative appeal with respect to the project must have been 
involved in the public comment process for the project by submitting 
written comments raising specific issues with regard to the project.
    (e) Statement of Compliance.--A catagorical exclusion memo or 
environmental assessment decision document prepared under this section 
shall include a short statement as to how the hazardous fuels reduction 
project complies with the requirement of section 3(c).

SEC. 6. DEVELOPMENT OF DEFINITIONS OF OLD AND LARGE TREES.

    (a) Use of National Academy of Sciences.--The Secretary of 
Agriculture and the Secretary of the Interior shall jointly enter into 
a contract with the National Academy of Sciences for the preparation of 
recommended definitions of old and large trees appropriate for each 
ecosystem type to be used for purposes of this Act.
    (b) Qualifications.--To be eligible to serve on the panel of the 
National Academy of Sciences used to prepare the recommended 
definitions of old and large trees, a member of the panel shall have 
scientific expertise in the characteristics of old growth and the seral 
stages of forest types.
    (c) Submission of Recommended Definitions.--Not later than one year 
after the date of the enactment of this Act, the National Academy of 
Sciences shall submit to the Secretary of Agriculture, the Secretary of 
the Interior, and Congress the recommended definitions of old and large 
trees appropriate for each ecosystem type.

SEC. 7. ONGOING PROJECTS AND EXISTING AUTHORITIES.

    Nothing in this Act shall affect a hazardous fuels reduction 
projects for which scoping has begun before the date of the enactment 
of this Act or affect authorities otherwise granted to the Secretary 
concerned under existing law.

SEC. 8. PREFERENCE TO COMMUNITIES WITH FIRE PREVENTION ORDINANCES.

     In determining the allocation of funding for the Community and 
Private Land Fire Assistance program under section 10A(b) of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C 2106c(b)), the 
Secretary of Agriculture shall prioritize funding to those communities 
that have taken proactive steps through the enactment of ordinances and 
other means to encourage property owners to reduce fire risk on private 
property.

SEC. 9. SUNSET.

    The provisions of this Act shall expire at the end of the five-year 
period beginning on the date of the enactment of this Act, except that 
a hazardous fuels reduction project for which a decision notice, or 
memo in the case of a categorical exclusion, has been issued before the 
end of such period may continue to be implemented using the provisions 
of this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Forest System Lands.--For the purpose of planning and 
conducting hazardous fuels reduction projects under this Act on 
National Forest System Lands, there are authorized to be appropriated 
to the Secretary of Agriculture $1,943,100,000 during the five-fiscal 
year period beginning October 1, 2003. Subject to section 9, amounts 
appropriated in one fiscal year and unobligated before the end of that 
fiscal year shall remain available for use in subsequent fiscal years.
    (b) BLM Lands.--For the purpose of planning and conducting 
hazardous fuels reduction projects under this Act on Federal lands 
described in section 2(b)(2)(B), there are authorized to be 
appropriated to the Secretary of the Interior $1,888,000,000 during the 
five-fiscal year period beginning October 1, 2003. Subject to section 
9, amounts appropriated in one fiscal year and unobligated before the 
end of that fiscal year shall remain available for use in subsequent 
fiscal years.

SEC. 11. AVAILABILITY AND USE OF REFORESTATION TRUST FUND.

    (a) Waiver of Limitation on Transfers.--During fiscal years 2004 
through 2008, the limitation in subsection (b)(2) of section 303 of 
Public Law 96-451 (16 U.S.C. 1606a) shall not apply.
    (b) Consultation.--During fiscal years 2004 through 2008, the 
consultation required by subsection (c)(1) of section 303 of Public Law 
96-451 shall include consultation with the Secretary of the Interior.
    (c) Expansion of Obligation Requirements.--During fiscal years 2004 
through 2008, the Secretary of the Interior, in addition to the 
Secretary of Agriculture, shall obligate funds in the Reforestation 
Trust Fund established by section 303 of Public Law 96-451 on Federal 
lands, but the authority otherwise provided by subsection (d)(1) of 
such section to obligate such funds to reduce hazardous fuel loads of 
forest stands shall not be used except as provided in subsection (d)(2) 
of this section.
    (d) Obligation Requirements and Amounts.--
            (1) Reduction in risk of wildfire to structures.--During 
        fiscal years 2004 through 2008, the Secretary of Agriculture 
        and the Secretary of the Interior shall jointly obligate 
        $100,000,000 each fiscal year of funds in the Restoration Trust 
        Fund to reduce the risk of wildfire to structures on tribal 
        lands, nonindustrial private lands, and State lands using the 
        authorities available under the Emergency Watershed Protection 
        program, the National Fire Plan, and grant programs authorized 
        by the Farm Security and Rural Investment Act of 2002 and other 
        laws. As part of the Emergency Watershed Protection program, 
        the Secretary of Agriculture, acting through the Natural 
        Resources Conservation Service, may undertake measures, 
        including making cost-share grants to Indian tribes, local fire 
        districts, municipalities, homeowner associations, and 
        counties, to prevent destruction from wildfires by treating 
        vegetation within the defensible space of homes and other 
        structures.
            (2) Hazardous fuels reduction projects.--During fiscal 
        years 2004 through 2008, amounts remaining in the Reforestation 
        Trust Fund after application of subsection (d) of section 303 
        of Public Law 96-451 and paragraph (1) of this subsection shall 
        be used for hazardous fuels reduction projects conducted under 
        this Act.
    (e) Retention of Revenue.--During fiscal years 2004 through 2008, 
the Secretary of Agriculture and the Secretary of the Interior may sell 
commercial vegetation produced as a result of hazardous fuels reduction 
projects under this Act. Revenue from the sale of such vegetation shall 
be deposited in the Reforestation Trust Fund, and may only be used for 
hazardous fuels reduction projects described in section 5(b)(1).
    (f) Transfers to Reforestation Trust Fund.--During fiscal years 
2004 through 2008, in lieu of the transfers required by subsection 
(b)(1) of section 303 of Public Law 96-451, the Secretary of the 
Treasury may transfer to the Reforestation Trust Fund an amount equal 
to the sum of the tariffs received in the Treasury under chapter 44 and 
subheadings 6808.00.00 and 6809.11.00 of chapter 68 of the Harmonized 
Tariff Schedule of the United States. Subsection (b)(2) of such 
section, which limits the total amount that may be transferred for a 
fiscal year, shall not apply to transfers made under this subsection.
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