[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 30, 2003.
Resolved, That the bill from the House of Representatives (H.R.
1904) entitled ``An Act to improve the capacity of the Secretary of
Agriculture and the Secretary of the Interior to plan and conduct
hazardous fuels reduction projects on National Forest System lands and
Bureau of Land Management lands aimed at protecting communities,
watersheds, and certain other at-risk lands from catastrophic wildfire,
to enhance efforts to protect watersheds and address threats to forest
and rangeland health, including catastrophic wildfire, across the
landscape, and for other purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy Forests
Restoration Act of 2003''.
(b) Table of Contents.--The table of contents of 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. Findings.
Sec. 202. Definitions.
Sec. 203. Grants to improve commercial value of forest biomass for
electric energy, useful heat,
transportation fuels, compost, value-added
products, and petroleum-based product
substitutes.
Sec. 204. Reporting requirement.
Sec. 205. Improved biomass use research program.
Sec. 206. Rural revitalization through forestry.
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.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Protections and measures
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.
TITLE VI--PUBLIC LAND CORPS
Sec. 601. Purposes.
Sec. 602. Definitions.
Sec. 603. Public Land Corps.
Sec. 604. Nondisplacement.
Sec. 605. Authorization of appropriations.
TITLE VII--RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM
Sec. 701. Purpose
Sec. 702. Definitions.
Sec. 703. Rural community forestry enterprise program.
TITLE VIII--FIREFIGHTERS MEDICAL MONITORING ACT
Sec. 801. Short Title.
Sec. 802. Monitoring of firefighters in disaster areas.
TITLE IX--DISASTER AIR QUALITY MONITORING ACT
Sec. 901. Short Title.
Sec. 902. Monitoring of air quality in disaster areas.
TITLE X--HIGHLANDS REGION CONSERVATION
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Purposes.
Sec. 1004. Definitions.
Sec. 1005. Land conservation partnership projects in the Highlands
region.
Sec. 1006. Forest Service and USDA programs in the Highlands region.
Sec. 1007. Private property protection and lack of regulatory effect.
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1101. Forest inventory and management.
Sec. 1102. Program for emergency treatment and reduction of nonnative
invasive plants.
Sec. 1103. USDA National Agroforestry Center.
Sec. 1104. Upland Hardwoods Research Center.
Sec. 1105. Emergency fuel reduction grants.
Sec. 1106. Eastern Nevada landscape coalition.
Sec. 1107. Sense of Congress regarding enhanced community fire
protection.
Sec. 1108. Collaborative monitoring.
Sec. 1109. Best-value contracting.
Sec. 1110. Suburban and community forestry and open space program;
Forest Legacy Program.
Sec. 1111. Wildland firefighter safety.
Sec. 1112. Green Mountain National Forest boundary adjustment.
Sec. 1113. Puerto Rico karst conservation.
Sec. 1114. Farm Security and Rural Development Act.
Sec. 1115. Enforcement of animal fighting prohibitions under the Animal
Welfare Act.
Sec. 1116. Increase in maximum fines for violation of public land
regulations and establishment of minimum
fine for violation of public land fire
regulations during fire ban.
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
collaborative process of planning, prioritizing, and
implementing hazardous fuel reduction projects;
(2) to authorize grant programs to improve the commercial
value of forest biomass (that otherwise contributes to the risk
of catastrophic fire or insect or disease infestation) for
producing electric 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 catastrophic
wildfire, across the landscape;
(4) to promote systematic gathering of information to
address the impact of insect and disease infestations and other
damaging 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
hardwood forests; and
(6) to protect, restore, and enhance forest ecosystem
components--
(A) to promote the recovery of threatened and
endangered species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon
sequestration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C 1609(a)))
administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
SEC. 101. DEFINITIONS.
In this title:
(1) At-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
Communities Within the Vicinity of Federal
Lands That Are at High Risk From Wildfire''
issued by the Secretary of Agriculture and the
Secretary of the Interior in accordance with
title IV of the Department of the Interior and
Related 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 and collectively maintained
transportation routes) within or 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
disturbance event.
(2) Authorized hazardous fuel reduction project.--The term
``authorized hazardous fuel reduction project'' means the
measures and methods described in the definition of
``appropriate tools'' contained in the glossary of the
Implementation Plan, on Federal land described in section
102(a) and conducted under sections 103 and 104.
(3) Community 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 Wildland Fire Leadership Council and agreed to
by the applicable local government, local fire
department, and State agency responsibile for forest
management, in consultation with interested parties and
the Federal land management agencies managing land in
the vicinity of the at-risk community;
(B) identifies and prioritizes areas for hazardous
fuel reduction treatments and recommends the types and
methods of treatment on Federal and non-Federal land
that will protect 1 or more at-risk communities and
essential infrastructure; and
(C) recommends measures to reduce structural
ignitability throughout the at-risk community.
(4) Condition class 2.--The term ``condition class 2'',
with respect to an area of Federal land, means the condition
class description developed by the Forest Service Rocky
Mountain Research Station in the general technical report
entitled ``Development of Coarse-Scale Spatial Data for
Wildland Fire and Fuel Management'' (RMRS-87), dated April 2000
(including any subsequent revision to the report), under
which--
(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) Condition class 3.--The term ``condition class 3'',
with respect to an area of Federal land, means the condition
class description developed by the Rocky Mountain Research
Station in the general technical report referred to in
paragraph (4) (including any subsequent revision to the
report), under which--
(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
frequencies by multiple return intervals, resulting in
dramatic changes 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) Day.--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) Decision 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 Environmental
Quality).
(8) Fire 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) Fire 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.
(10) Fire 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) Implementation plan.--The term ``Implementation Plan''
means the Implementation Plan for the Comprehensive Strategy
for a Collaborative Approach for Reducing Wildland Fire Risks
to Communities and the Environment, dated May 2002, developed
pursuant to the conference report to accompany the Department
of the Interior and Related Agencies Appropriations Act, 2001
(House Report 106-64) (and subsequent revisions).
(12) Municipal water supply system.--The term ``municipal
water supply system'' means the reservoirs, canals, ditches,
flumes, laterals, pipes, pipelines, and other surface
facilities and systems constructed or installed for the
collection, impoundment, storage, transportation, or
distribution of drinking water.
(13) Resource 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
System described in section 3(1)(A) under section 6 of
the Forest and 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
section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712).
(14) Secretary.--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) Threatened and endangered species habitat.--The term
``threatened and endangered species habitat'' means Federal
land identified in--
(A) a determination that a species is an endangered
species or a threatened species under the Endangered
Species 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) Wildland-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 in a 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 extending more than \1/2\-mile
from the boundary of an at-risk community, if
the land adjacent to the at-risk community--
(I) has a sustained steep slope
that creates the potential for wildfire
behavior endangering the at-risk
community; or
(II) has a geographic feature that
aids in creating an effective fire
break, such as a road or ridge top,
within \3/4\-mile of the nearest at-
risk community boundary; and
(iii) an area that is adjacent to an
evacuation route for an at-risk community that
the Secretary determines, in cooperation with
the at-risk community, requires hazardous fuel
reduction to provide safer evacuation from the
at-risk community.
SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.
(a) Authorized Projects.--As soon as practicable after the date of
enactment of this Act, the Secretary shall implement authorized
hazardous fuel reduction projects, consistent with the Implementation
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 such a system
within a municipal watershed that a significant risk exists
that a fire disturbance event would have adverse effects on the
water quality of the municipal water supply or the maintenance
of the system, including a risk to water quality posed 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 a municipal water supply system or a stream feeding such a
system within a municipal watershed that a significant risk
exists that a fire disturbance event would have adverse effects
on the water quality of the municipal water supply or the
maintenance of the system, including a risk to water quality
posed by erosion following such a fire disturbance event;
(4) Federal land on which windthrow or blowdown, ice storm
damage, or the existence of disease or insect infestation,
poses a significant threat to an ecosystem component, or forest
or rangeland resource, on the Federal land or adjacent non-
Federal land;
(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 threat to, an endangered species, a
threatened species, or habitat of an endangered species
or threatened species in a species recovery plan
prepared under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533), or a notice published in the
Federal Register determining a species to be an
endangered species or a threatened species or
designating critical habitat;
(B) the authorized hazardous fuel reduction project
will provide enhanced protection from catastrophic
wildfire for the endangered species, threatened
species, or habitat of the endangered species or
threatened species; and
(C) the Secretary complies with any applicable
guidelines specified in any management or recovery plan
described in subparagraph (A).
(b) Relation to Agency Plans.--An authorized hazardous fuel
reduction project shall be conducted consistent with the resource
management plan and other relevant administrative policies or decisions
applicable to the Federal land covered by the project.
(c) Acreage Limitation.--Not more than a total of 20,000,000 acres
of Federal land may be treated under authorized hazardous fuel
reduction projects.
(d) Exclusion of Certain Federal Land.--The Secretary may not
conduct an authorized hazardous fuel reduction project that would 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 Presidential
proclamation (including the applicable implementation plan); or
(3) a Wilderness Study Area.
(e) Old Growth Stands.--
(1) Definitions.--In this subsection and subsection (f):
(A) Covered project.--The term ``covered project''
means an authorized hazardous fuel reduction project
carried out under paragraph (1), (2), (3), or (5) of
subsection (a).
(B) Old growth stand.--The term ``old growth
stand'' has the meaning given the term under standards
used pursuant to paragraphs (3) and (4), based on the
structure and composition characteristic of the forest
type, and in accordance with applicable law, including
section 6(g)(3)(B) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(g)(3)(B)).
(C) Standards.--The term ``standards'' means
definitions, designations, standards, guidelines,
goals, or objectives established for an old growth
stand under a resource management plan developed in
accordance with applicable law, including section
6(g)(3)(B) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(g)(3)(B)).
(2) Project requirements.--In carrying out a covered
project, the Secretary shall fully maintain, or contribute
toward the restoration of, the structure and composition of old
growth stands according to the pre-fire suppression old growth
conditions characteristic of the forest type, taking into
account the contribution of the stand to landscape fire
adaptation and watershed health, and retaining the large trees
contributing to old growth structure.
(3) Newer standards.--
(A) In general.--If the standards for an old growth
stand were established during the 10-year period ending
on the date of enactment of this Act, the Secretary
shall meet the requirements of paragraph (2) in
carrying out a covered project by implementing the
standards.
(B) Amendments or revisions.--Any amendment or
revision to standards for which final administrative
approval is granted after the date of enactment of this
Act shall be consistent with paragraph (2) for the
purpose of carrying out covered projects.
(4) Older standards.--
(A) In general.--If the standards for an old growth
stand were established before the 10-year period
described in paragraph (3)(A), the Secretary shall meet
the requirements of paragraph (2) in carrying out a
covered project by implementing the standards--
(i) during the 2-year period beginning on
the date of enactment of this Act; or
(ii) if the Secretary is in the process of
revising a resource management plan as of the
date of enactment of this Act, during the 3-
year period beginning on the date of enactment
of this Act.
(B) Review required.--During the applicable period
described in subparagraph (A) for the standards for an
old growth stand under a resource management plan, the
Secretary shall--
(i) review the standards, taking into
account any relevant scientific information
made available since the adoption of the
standards; and
(ii) revise the standards to be consistent
with paragraph (2), if necessary to reflect
relevant scientific information the Secretary
did not consider in formulating the resource
management plan.
(C) Review not completed.--
(i) In general.--If the Secretary does not
complete the review of the standards in
accordance with subparagraph (B), during the
applicable period described in subparagraph
(A), the Secretary shall not carry out any
portion of a covered project in a stand that is
identified as an old growth stand (based on
substantial supporting evidence) by any person
during scoping.
(ii) Period.--Clause (i) applies during the
period--
(I) beginning on the termination of
the applicable period for the standards
described in subparagraph (A); and
(II) ending on the earlier of--
(aa) the date the Secretary
completes the action required
by subparagraph (B) for the
standards; or
(bb) the date on which the
acreage limitation specified in
subsection (c) (as that
limitation may be adjusted by
subsequent Act of Congress) is
reached.
(f) Large Tree Retention.--Except in old growth stands where the
standards are consistent with subsection (e)(2), the Secretary shall
carry out a covered project in a manner that--
(1) focuses largely on small diameter trees, thinning,
strategic fuel breaks, and prescribed fire to modify fire
behavior, as measured by the projected reduction of
uncharacteristically severe wildfire effects for the forest
type (such as adverse soil impacts, tree mortality or other
impacts); and
(2) maximizes the retention of large trees, as appropriate
for the forest type, to the extent that the trees promote fire-
resilient stands and the purposes of section 6(g)(3)(B) of the
Forest and Rangeland Renewable Resources Planning Act of 1976
(16 U.S.C. 1604(g)(3)(B)).
(g) Monitoring and Assessing Forest and Rangeland Health.--
(1) In general.--For each Forest Service administrative
region and each Bureau of Land Management State Office, the
Secretary shall--
(A) monitor the results of the projects authorized
under this section; and
(B) not later than 5 years after the date of
enactment of this Act, and each 5 years thereafter,
issue a report that includes--
(i) an evaluation of the progress towards
project goals; and
(ii) recommendations for modifications to
the projects and management treatments.
(2) Consistency of projects with recommendations.--An
authorized hazardous fuel reduction project approved following
the issuance of a monitoring report shall, to the maximum
extent practicable, be consistent with any applicable
recommendations in the report.
(3) Similar vegetation types.--The results of a monitoring
report shall be made available in, and (if appropriate) used
for, a project conducted in a similar vegetation type on land
under the jurisdiction of the Secretary.
(4) Monitoring and assessments.--From a representative
sample of authorized hazardous fuel reduction projects, for
each management unit, monitoring and assessment shall include a
description of the effects on changes in condition class, using
the Fire Regime Condition Class Guidebook or 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
relevant direction.
(5) Tracking.--For each management unit, the Secretary
shall track acres burned, by the degree of severity, by large
wildfires (as defined by the Secretary).
(6) Monitoring and maintenance of treated areas.--The
Secretary shall, to the maximum extent practicable, develop a
process for monitoring the need for maintenance of treated
areas, over time, in order to preserve the forest health
benefits achieved.
SEC. 103. PRIORITIZATION.
(a) In General.--In accordance with the Implementation Plan, the
Secretary shall develop an annual program of work for Federal land that
gives priority to authorized hazardous fuel reduction projects that
provide for the protection of at-risk communities or watersheds or that
implement community wildfire protection plans.
(b) Collaboration.--
(1) In general.--The Secretary shall consider
recommendations under subsection (a) that are made by at-risk
communities that have developed community wildfire protection
plans.
(2) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the planning process and
recommendations concerning community wildfire protection plans.
(c) Administration.--
(1) In general.--Federal agency involvement in a community
wildfire protection plan, or a recommendation made in a
community wildfire protection plan, shall not be considered a
Federal agency action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Compliance.--In implementing authorized hazardous fuel
reduction projects on Federal land, the Secretary shall, in
accordance with section 104, comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Funding Allocation.--
(1) Federal land.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall use not less than 50 percent of the
funds allocated for authorized hazardous fuel reduction
projects in the wildland-urban interface.
(B) Applicability and allocation.--The funding
allocation in subparagraph (A) shall apply at the
national level, and the Secretary may allocate the
proportion of funds differently than is required under
subparagraph (A) within individual management units as
appropriate, in particular to conduct authorized
hazardous fuel reduction projects on land described in
section 102(a)(4).
(2) Non-federal land.--In providing financial assistance
under any provision of law for hazardous fuel reduction
projects on non-Federal land, the Secretary shall consider
recommendations made by at-risk communities that have developed
community wildfire protection plans.
SEC. 104. ENVIRONMENTAL ANALYSIS.
(a) Authorized Hazardous Fuel Reduction Projects.--Except as
otherwise provided in this title, the Secretary shall conduct
authorized hazardous fuel reduction projects in accordance with--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.); and
(2) other applicable laws.
(b) Environmental Assessment or Impact Statements.--
(1) In general.--The Secretary shall prepare an
environmental assessment or an environmental impact statement
(pursuant to section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2))) for any authorized
hazardous fuel reduction project.
(2) Alternatives.--In the environmental assessment or
environmental impact statement prepared under paragraph (1),
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; and
(ii) meets the purpose and need of the
project, in accordance with regulations
promulgated by the Council on Environmental
Quality.
(3) Multiple additional alternatives.--If more than 1
additional alternative is proposed under paragraph (2)(C), the
Secretary shall--
(A) select which additional alternative to
consider; and
(B) provide a written record describing the reasons
for the selection.
(c) Public Notice and Meeting.--
(1) Public notice.--The Secretary shall provide notice of
each authorized hazardous fuel reduction project in accordance
with applicable regulations and administrative guidelines.
(2) Public meeting.--During the preparation stage of each
authorized hazardous fuel reduction project, the Secretary
shall--
(A) conduct a public meeting at an appropriate
location proximate to the administrative unit of the
Federal land on which the authorized hazardous fuel
reduction project will be conducted; and
(B) provide advance notice of the location, date,
and time of the meeting.
(d) Public Collaboration.--In order to encourage meaningful public
participation during preparation of authorized hazardous fuel reduction
projects, the Secretary shall facilitate collaboration among State and
local governments and Indian tribes, and participation of interested
persons, during the preparation of each authorized fuel reduction
project in a manner consistent with the Implementation Plan.
(e) Environmental Analysis and Public Comment.--In accordance with
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)) and the applicable regulations and administrative
guidelines, the Secretary shall provide an opportunity for public
comment during the preparation of any environmental assessment or
environmental impact statement for an authorized hazardous fuel
reduction project.
(f) Decision Document.--The Secretary shall sign a decision
document for authorized hazardous fuel reduction projects and provide
notice of the final agency actions.
SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.
(a) Interim Final Regulations.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
promulgate interim final regulations to establish a
predecisional administrative review process for the period
described in paragraph (2) that will serve as the sole means by
which a person can seek administrative review regarding an
authorized hazardous fuel reduction project on Forest Service
land.
(2) Period.--The predecisional administrative review
process required under paragraph (1) shall occur during the
period--
(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) Effective date.--The interim final regulations
promulgated under paragraph (1) shall take effect on the date
of promulgation of the regulations.
(b) Final 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 reasonable
time has been provided for public comment.
(c) Administrative Review.--
(1) In general.--A person may bring a civil action
challenging an authorized hazardous fuel reduction project in a
Federal district court only if the person has challenged the
authorized 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) Issues.--An issue may be considered in the judicial
review of an action under section 106 only if the issue was
raised in an administrative review process described in
paragraph (1).
(3) Exception.--An exception to the requirement of
exhausting the administrative review process before seeking
judicial review shall be available if a Federal court finds
that the futility or inadequacy exception applies to a specific
plaintiff or claim.
SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.
(a) Venue.--Notwithstanding section 1391 of title 28, United States
Code, or other applicable law, an authorized hazardous fuels reduction
project conducted under this title shall be subject to judicial review
only in the United States district court for the district in which the
Federal land to be treated under the authorized hazardous fuels
reduction project is located.
(b) Expeditious Completion of Judicial Review.--In the judicial
review of an action challenging an authorized hazardous fuel reduction
project under subsection (a), Congress encourages a court of competent
jurisdiction to expedite, to the maximum extent practicable, the
proceedings in the action with the goal of rendering a final
determination on jurisdiction, and (if jurisdiction exists) a final
determination on the merits, as soon as practicable after the date on
which a complaint or appeal is filed to initiate the action.
(c) Injunctions.--
(1) In general.--Subject to paragraph (2), the length of
any preliminary injunctive relief and stays pending appeal
covering an authorized hazardous fuel reduction project carried
out under this title shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction
may issue 1 or more renewals of any preliminary
injunction, or stay pending appeal, granted under
paragraph (1).
(B) Updates.--In each renewal of an injunction in
an action, the parties to the action shall present the
court with updated information on the status of the
authorized hazardous fuel reduction project.
(3) Balancing of short- and long-term effects.--As part of
its weighing the equities while considering any request for an
injunction that applies to an agency action under an authorized
hazardous fuel reduction project, the court reviewing the
project shall balance the impact to the ecosystem likely
affected 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) Other Authority.--Nothing in this title affects, or otherwise
biases, the use by the Secretary of other statutory or administrative
authority (including categorical exclusions adopted to implement the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to
conduct a hazardous fuel reduction project on Federal land (including
Federal land identified in section 102(d)) that is not conducted using
the process authorized by section 104.
(b) National Forest System.--For projects and activities of the
National Forest System other than authorized hazardous fuel reduction
projects, nothing in this title affects, or otherwise biases, the
notice, comment, and appeal procedures for projects and activities of
the National Forest System contained in part 215 of title 36, Code of
Federal Regulations, or the consideration or disposition of 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
Secretary, including making grants to States for activities
authorized by law.
TITLE II--BIOMASS
SEC. 201. FINDINGS.
Congress finds that--
(1)(A) thousands of communities in the United States, many
located near Federal land, are at risk of wildfire;
(B) more than 100,000,000 acres of land managed by the
Secretary of Agriculture and the Secretary of the Interior are
at risk of catastrophic fire in the near future; and
(C) the accumulation of heavy forest and rangeland fuel
loads continues to increase as a result of fire exclusion,
disease, insect infestations, and drought, further raising the
risk of fire each year;
(2)(A) more than 70,000,000 acres across all land
ownerships are at risk of higher than normal mortality during
the 15-year period beginning on the date of enactment of this
Act because of insect infestation and disease; and
(B) high levels of tree mortality from insects and disease
result in--
(i) increased fire risk;
(ii) loss of older trees and old growth;
(iii) degraded watershed conditions;
(iv) changes in species diversity and productivity;
(v) diminished fish and wildlife habitat;
(vi) decreased timber values; and
(vii) increased threats to homes, businesses, and
community watersheds;
(3)(A) preventive treatments (such as reducing fuel loads,
crown density, ladder fuels, and hazard trees), planting proper
species mix, restoring and protecting early successional
habitat, and completing other specific restoration treatments
designed to reduce the susceptibility of forest and rangeland
to insect outbreaks, disease, and catastrophic fire present the
greatest opportunity for long-term forest and rangeland health,
maintenance, and enhancement by creating a mosaic of species-
mix and age distribution; and
(B) those vegetation management treatments are widely
acknowledged to be more successful and cost-effective than
suppression treatments in the case of insects, disease, and
fire;
(4)(A) the byproducts of vegetative management treatment
(such as trees, brush, thinnings, chips, slash, and other
hazardous fuels) removed from forest and rangeland represent an
abundant supply of--
(i) biomass for biomass-to-energy facilities; and
(ii) raw material for business; and
(B) there are currently few markets for the extraordinary
volumes of by-products being generated as a result of the
necessary large-scale preventive treatment activities; and
(5) the United States should--
(A) promote economic and entrepreneurial
opportunities in using by-products removed through
vegetation treatment activities relating to hazardous
fuels reduction, disease, and insect infestation;
(B) develop and expand markets for traditionally
underused wood and biomass as an outlet for by-products
of preventive treatment activities; and
(C) promote research and development to provide,
for the by-products, economically and environmentally
sound--
(i) management systems;
(ii) harvest and transport systems; and
(iii) utilization options.
SEC. 202. DEFINITIONS.
In this title:
(1) Biomass.--The term ``biomass'' means trees and woody
plants (including limbs, tops, needles, other woody parts, and
wood waste) and byproducts of preventive treatment (such as
wood, brush, thinnings, chips, and slash) that are removed--
(A) to reduce hazardous fuels;
(B) to reduce the risk of or to contain disease or
insect infestation; or
(C) to improve forest health and wildlife habitat
conditions.
(2) Person.--The term ``person'' includes--
(A) an individual;
(B) a community (as determined by the Secretary);
(C) an Indian tribe;
(D) a small business, microbusiness, or a
corporation that is incorporated in the United States;
and
(E) a nonprofit organization.
(3) Preferred community.--The term ``preferred community''
means--
(A) any town, township, municipality, Indian tribe,
or other similar unit of local government (as
determined by the Secretary) that--
(i) has a population of not more than
50,000 individuals; and
(ii) the Secretary, in the sole discretion
of the Secretary, determines contains or is
located near, or with a water supply system
that contains or is located near, land that--
(I) is at significant risk of
catastrophic wildfire, disease, or
insect infestation; or
(II) suffers from disease or insect
infestation; or
(B) any area or unincorporated area represented by
a nonprofit organization approved by the Secretary,
that--
(i) is not wholly contained within a
metropolitan statistical area; and
(ii) the Secretary, in the sole discretion
of the Secretary, determines contains or is
located near, or with a water supply system
that contains or is located near, land--
(I) the condition of which is at
significant risk of catastrophic
wildfire, disease, or insect
infestation; or
(II) that suffers from disease or
insect infestation.
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
Federal land under the jurisdiction of the Secretary of
the Interior (including land held in trust for the
benefit of an Indian tribe).
SEC. 203. GRANTS TO IMPROVE COMMERCIAL VALUE OF FOREST BIOMASS FOR
ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS,
COMPOST, VALUE-ADDED PRODUCTS, AND PETROLEUM-BASED
PRODUCT SUBSTITUTES.
(a) Biomass Commercial Utilization Grant Program.--
(1) In general.--The Secretary may make grants to any
person that owns or operates a facility that uses biomass as a
raw material to produce electric energy, sensible heat,
transportation fuels, substitutes for petroleum-based products,
wood-based products, pulp, or other commercial products to
offset the costs incurred to purchase biomass for use by the
facility.
(2) Grant amounts.--A grant under this subsection may not
exceed $20 per green ton of biomass delivered.
(3) Monitoring of grant recipient activities.--
(A) In general.--As a condition of a grant under
this subsection, the grant recipient shall keep such
records as the Secretary may require to fully and
correctly disclose the use of the grant funds and all
transactions involved in the purchase of biomass.
(B) Access.--On notice by a representative of the
Secretary, the grant recipient shall afford the
representative--
(i) reasonable access to the facility that
purchases or uses biomass; and
(ii) an opportunity to examine the
inventory and records of the facility.
(b) Value-Added Grant Program.--
(1) In general.--The Secretary--
(A) may make grants to persons to offset the cost
of projects to add value to biomass; and
(B) in making a grant under subparagraph (A), shall
give preference to persons in preferred communities.
(2) Selection.--The Secretary shall select a grant
recipient under paragraph (1)(A) after giving consideration
to--
(A) the anticipated public benefits of the project;
(B) opportunities for the creation or expansion of
small businesses and microbusinesses resulting from the
project; and
(C) the potential for new job creation as a result
of the project.
(3) Grant amount.--A grant under this subsection shall not
exceed $100,000.
(c) Relation to Other Endangered Species and Riparian
Protections.--
(1) In general.--The Secretary shall comply with applicable
endangered species and riparian protections in making grants
under this section.
(2) Projects.--Projects funded using grant proceeds shall
be required to comply with the protections.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2004 through 2008.
SEC. 204. REPORTING REQUIREMENT.
(a) Report Required.--Not later than October 1, 2008, the Secretary
of Agriculture, in consultation with the Secretary of the Interior,
shall submit to the Committee on Resources and the Committee on
Agriculture of the House of Representatives and the Committee on Energy
and Natural Resources and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the results of the grant
programs authorized by section 203.
(b) Contents of Report.--The report shall include--
(1) an identification of the source, size, type, and the
end-use of biomass by persons that receive grants under section
203;
(2) the haul costs incurred and the distance between the
land from which the biomass was removed and the facilities that
used the biomass;
(3) the economic impacts, particularly new job creation,
resulting from the grants to and operation of the eligible
operations; and
(4) the environmental effects of the activities described
in this section.
SEC. 205. IMPROVED BIOMASS USE RESEARCH PROGRAM.
(a) Uses of Grants, Contracts, and Assistance.--Section 307(d) of
the Biomass Research and Development Act of 2000 (7 U.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
evaluation to provide the science, technology, and tools to
forest managers and community developers for use in evaluating
forest treatment 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 products;
``(B) to conduct research focused on developing
appropriate thinning systems and equipment designs that
are--
``(i) capable of being used on land without
significant adverse effects on the land;
``(ii) capable of handling large and varied
landscapes;
``(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 curricula
materials and training programs on matters described in
subparagraphs (A) and (B).''.
(b) Funding.--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''.
SEC. 206. 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 end the following:
``(d) Rural Revitalization Technologies.--
``(1) In general.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, in consultation with
the State and Private Forestry Technology Marketing Unit at the
Forest Products Laboratory, and in collaboration with eligible
institutions, may carry out a program--
``(A) to accelerate adoption of technologies using
biomass 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) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2004 through 2008.''.
TITLE III--WATERSHED FORESTRY ASSISTANCE
SEC. 301. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there has been a dramatic shift in public attitudes and
perceptions about forest management, particularly in the
understanding 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
health of watersheds;
(3) forests can provide essential ecological services in
filtering pollutants, buffering important rivers and estuaries,
and minimizing flooding, which makes forest restoration worthy
of special focus; and
(4) strengthened education, technical assistance, and
financial assistance for nonindustrial private forest
landowners and communities, relating to the protection of
watershed health, is needed to realize the expectations of the
general public.
(b) Purposes.--The purposes of this title are--
(1) to improve landowner and public understanding of the
connection between forest management and watershed health;
(2) to encourage landowners to maintain tree cover on
property and to use tree plantings and vegetative treatments as
creative solutions to watershed problems associated with
varying land uses;
(3) to enhance and complement forest management and buffer
use for watersheds, with an emphasis on community watersheds;
(4) to establish new partnerships and collaborative
watershed approaches to forest management, stewardship, and
conservation;
(5) to provide technical and financial assistance to States
to deliver a coordinated program that enhances State forestry
best-management practices programs, and conserves and improves
forested land and potentially forested land, through technical,
financial, and educational assistance to qualifying individuals
and entities; and
(6) to maximize the proper management and conservation of
wetland forests and to assist in the restoration of those
forests.
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) Definition of Nonindustrial Private Forest Land.--In this
section, the term `nonindustrial private forest land' means rural 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) General Authority and Purpose.--The Secretary, acting through
the Chief of the Forest Service, may provide technical, financial, and
related assistance to State foresters, equivalent State officials, and
officials of the Cooperative State Research, Education, and Extension
Service for the purpose of expanding State forest stewardship
capacities and activities through State forestry best-management
practices and other means at the State level to address watershed
issues on non-Federal forested land and potentially forested land.
``(c) Technical Assistance To Protect Water Quality.--
``(1) In general.--The Secretary, in cooperation with State
foresters, officials of the Cooperative State Research,
Education, and Extension Service, or equivalent State
officials, shall engage interested members of the public,
including nonprofit organizations and local watershed councils,
to develop a program of technical assistance to protect water
quality described in paragraph (2).
``(2) Purpose of program.--The program under this
subsection 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
practices and water quality technical assistance
directly to owners of nonindustrial private forest
land;
``(C) to provide technical guidance to land
managers and policymakers for water quality protection
through forest management;
``(D) to complement State and local efforts to
protect water quality and provide enhanced
opportunities for consultation and cooperation among
Federal and State agencies charged with responsibility
for water and watershed management; and
``(E) to provide enhanced forest resource data and
support for improved implementation and monitoring of
State forestry best-management practices.
``(3) Implementation.--In the case of a participating
State, the program of technical assistance shall be implemented
by State foresters or equivalent State officials.
``(d) Watershed Forestry Cost-Share Program.--
``(1) In general.--The Secretary shall establish a
watershed 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 forestry best-management practices programs and
watershed forestry projects.
``(2) Watershed forestry projects.--The State forester,
State Research, Education and Extension official, or equivalent
State official of a participating State, in coordination with
the State Forest Stewardship Coordinating Committee established
under section 19(b) (or an equivalent committee) for that
State, shall make awards to communities, nonprofit groups, and
owners of nonindustrial private forest land under the program
for watershed forestry projects described in paragraph (3).
``(3) Project elements and objectives.--A watershed
forestry project shall accomplish critical forest stewardship,
watershed protection, and restoration needs within a State by
demonstrating the value of trees and forests to watershed
health and 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 relating to 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) Cost-sharing.--
``(A) Federal share.--
``(i) Funds under this subsection.--Funds
provided under this subsection for a watershed
forestry project may not exceed 75 percent of
the cost of the project.
``(ii) Other federal funds.--The percentage
of the cost of a project described in clause
(i) that is not covered by funds made available
under this subsection may be paid using other
Federal funding sources, except that the total
Federal share of the costs of the project may
not exceed 90 percent.
``(B) Form.--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) Prioritization.--The State Forest Stewardship
Coordinating Committee for a State, or equivalent State
committee, shall prioritize watersheds in that State to target
watershed forestry projects funded under this subsection.
``(6) Watershed forester.--Financial and technical
assistance shall be made available to the State Forester or
equivalent State official to create a State watershed or best-
management practice forester position to--
``(A) lead statewide programs; and
``(B) coordinate watershed-level projects.
``(e) Distribution.--
``(1) In 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) Special considerations.--Distribution of funds by the
Secretary among States under paragraph (1) shall be made only
after giving appropriate consideration to--
``(A) the acres of agricultural land, nonindustrial
private 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 used to 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) Willing Owners.--
``(1) In general.--Participation of an owner of
nonindustrial private forest land in the watershed forestry
assistance program under this section is voluntary.
``(2) Written consent.--The watershed forestry assistance
program shall not be carried out on nonindustrial private
forest land without the written consent of the owner of, or
entity having definitive decisionmaking over, the nonindustrial
private forest land.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2004 through 2008.''.
SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary''), acting through the Chief of the Forest
Service, shall provide technical, financial, and related 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 address watershed
issues on land under the jurisdiction of or administered by the Indian
tribes.
(b) Technical Assistance To Protect Water Quality.--
(1) In general.--The Secretary, in cooperation with Indian
tribes, shall develop a program to provide technical assistance
to protect water quality, as described in paragraph (2).
(2) Purpose of program.--The program under this subsection
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
practices and water quality technical assistance
directly to Indian tribes;
(C) to provide technical guidance to tribal land
managers and policy makers for water quality protection
through forest management;
(D) to complement tribal efforts to protect water
quality and provide enhanced opportunities for
consultation and cooperation among Federal agencies and
tribal entities charged with responsibility for water
and watershed management; and
(E) to provide enhanced forest resource data and
support for improved implementation and monitoring of
tribal forestry best-management practices.
(c) Watershed Forestry Program.--
(1) In general.--The Secretary shall establish a watershed
forestry program to be administered by Indian tribes.
(2) Programs and projects.--Funds or other support provided
under the program shall be made available for tribal forestry
best-management practices programs and watershed forestry
projects.
(3) Annual awards.--The Secretary shall annually make
awards to Indian tribes to carry out this subsection.
(4) Project elements and objectives.--A watershed forestry
project shall accomplish critical forest stewardship, watershed
protection, and restoration needs within land under the
jurisdiction of or administered by an Indian tribe by
demonstrating the value of trees and forests to watershed
health and condition through--
(A) the use of trees as solutions to water quality
problems;
(B) application of and dissemination of monitoring
information on forestry best-management practices
relating to 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) Prioritization.--An Indian tribe that participates in
the program under this subsection shall prioritize watersheds
in land under the jurisdiction of or administered by the Indian
tribe to target watershed forestry projects funded under this
subsection.
(6) Watershed forester.--The Secretary may provide to
Indian tribes under this section financial and technical
assistance to establish a position of tribal forester to lead
tribal programs and coordinate small watershed-level projects.
(d) Distribution.--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
subsection (c); and
(2) the remainder of the funds to deliver technical
assistance, education, and planning on the ground to Indian
tribes.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2004 through 2008.
TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES
SEC. 401. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) high levels of tree mortality resulting from insect
infestation (including the interaction between insects and
diseases) 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
thousands 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
ownerships; and
(C) severe drought conditions in many areas of the South
and West will increase the risk of forest-damaging insect
infestations;
(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 forests
because an emerald ash borer infestation is almost always fatal
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 Ohio
alone, and between 5 and 10 percent of urban street trees in
the Upper Midwest;
(5)(A) epidemic populations of Southern pine beetles are
ravaging forests in Alabama, Arkansas, Florida, Georgia,
Kentucky, 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
beetle populations;
(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
unprecedented, with more than 1,000,000 acres infested at
population levels never seen before;
(8) much of the damage from the red oak borer has taken
place in national forests, and the Federal response has been
inadequate to protect forest ecosystems and other ecological
and 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 applied
silvicultural assessments;
(10) only through the full funding, development, and
assessment of potential applied silvicultural assessments over
specific time frames across an array of environmental and
climatic conditions can the most innovative and cost effective
management applications be determined that will help reduce the
susceptibility 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 and
forest stands and predispose trees and forest stands to insect
attack; 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
come at the expense of supporting other programs and
initiatives of the Secretary.
(b) Purposes.--The purposes of this title are--
(1) to require the Secretary to develop an accelerated
basic and applied assessment program to combat infestations by
forest-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 landowners to carry out the program; and
(3) to carry out applied silvicultural assessments.
SEC. 402. DEFINITIONS.
In this title:
(1) Applied silvicultural assessment.--
(A) In general.--The term ``applied silvicultural
assessment'' means any vegetative or other treatment
carried out for a purpose described in section 403.
(B) Inclusions.--The term ``applied silvicultural
assessment'' includes (but is not limited to) timber
harvesting, thinning, prescribed burning, pruning, and
any combination of those activities.
(2) 1890 institution.--
(A) In general.--The term ``1890 Institution''
means a college or university that is eligible to
receive funds under the Act of August 30, 1890 (7
U.S.C. 321 et seq.).
(B) Inclusion.--The term ``1890 Institution''
includes Tuskegee University.
(3) Forest-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) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, acting through
the Forest Service, with respect to National Forest
System land; and
(B) the Secretary of the Interior, acting through
appropriate offices of the United States Geological
Survey, with respect to federally owned land
administered by the Secretary of the Interior.
SEC. 403. ACCELERATED INFORMATION GATHERING REGARDING FOREST-DAMAGING
INSECTS.
(a) Information Gathering.--The Secretary, acting through the
Forest Service and United States Geological Survey, as appropriate,
shall establish an accelerated program--
(1) to plan, conduct, and promote comprehensive and
systematic information gathering on forest-damaging insects and
associated diseases, including an evaluation of--
(A) infestation, prevention, and suppression
methods;
(B) effects of infestations and associated disease
interactions 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
associated diseases;
(2) to assist land managers in the development of
treatments and strategies to improve forest health and reduce
the susceptibility of forest ecosystems to severe infestations
of forest-damaging insects and associated diseases on Federal
land and State and private land; and
(3) to disseminate the results of the information
gathering, treatments, and strategies.
(b) Cooperation 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, and 1890 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) Assessment Efforts.--For information gathering and research
purposes, the Secretary may conduct applied silvicultural assessments
on Federal land that the Secretary determines is at risk of infestation
by, or is infested with, forest-damaging insects.
(b) Limitations.--
(1) Exclusion of certain areas.--Subsection (a) does not
apply to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of Congress
or Presidential proclamation, the removal of vegetation
is 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
resource management plan.
(2) Certain treatment prohibited.--Nothing in subsection
(a) authorizes the application of insecticides in municipal
watersheds or associated riparian areas.
(3) Peer review.--
(A) In general.--Before being carried out, each
applied silvicultural assessment under this title shall
be peer reviewed by scientific experts selected by the
Secretary, which shall include non-Federal experts.
(B) Existing peer review processes.--The Secretary
may use existing peer review processes to the extent
the processes comply with subparagraph (A).
(c) Public Notice and Comment.--
(1) Public notice.--The Secretary shall provide notice of
each applied silvicultural assessment proposed to be carried
out under this section.
(2) Public comment.--The Secretary shall provide an
opportunity for public comment before carrying out an applied
silviculture assessment under this section.
(d) Categorical Exclusion.--
(1) In general.--Applied silvicultural assessment and
research treatments carried out under this section on not more
than 1,000 acres for an assessment or treatment may be
categorically excluded from documentation in an environmental
impact statement and environmental assessment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Administration.--Applied silvicultural assessments and
research treatments categorically excluded under paragraph
(1)--
(A) shall not be carried out in an area that is
adjacent to another area that is categorically excluded
under paragraph (1) that is being treated with similar
methods; and
(B) shall be subject to the extraordinary
circumstances procedures established by the Secretary
pursuant to section 1508.4 of title 40, Code of Federal
Regulations.
(3) Maximum categorical exclusion.--The total number of
acres categorically excluded under paragraph (1) shall not
exceed 250,000 acres.
(4) No additional findings required.--In accordance with
paragraph (1), the Secretary shall not be required to make any
findings as to whether an applied silvicultural assessment
project, either individually or cumulatively, has a significant
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 to the
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 through 2008.
TITLE V--HEALTHY FORESTS RESERVE PROGRAM
SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.
(a) Establishment.--The Secretary of Agriculture shall establish
the healthy forests reserve program for the purpose of restoring and
enhancing forest ecosystems--
(1) to promote the recovery of threatened and endangered
species;
(2) to improve biodiversity; and
(3) to enhance carbon sequestration.
(b) Coordination.--The Secretary of Agriculture shall carry out the
healthy forests reserve program in coordination with the Secretary of
the Interior and the Secretary of Commerce.
SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM.
(a) In General.--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 for enrollment
in the healthy forests reserve program.
(b) Eligibility.--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 of
recovery of a species listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533); and
(2) private land the enrollment of which will restore,
enhance, or otherwise measurably improve the well-being of
species 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) Other Considerations.--In enrolling land that satisfies the
criteria under subsection (b), the Secretary of Agriculture shall give
additional consideration to land the enrollment of which will--
(1) improve biological diversity; and
(2) increase carbon sequestration.
(d) Enrollment by Willing Owners.--The Secretary of Agriculture
shall enroll land in the healthy forests reserve program only with the
consent of the owner of the land.
(e) Maximum Enrollment.--The total number of acres enrolled in the
healthy forests reserve program shall not exceed 2,000,000 acres.
(f) Methods of Enrollment.--
(1) In 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 agreement; or
(C) an agreement of not more than 99 years.
(2) Proportion.--The extent to which each enrollment method
is used shall be based on the approximate proportion of owner
interest expressed in that method in comparison to the other
methods.
(g) Enrollment Priority.--
(1) Species.--The Secretary of Agriculture shall give
priority to the enrollment of land that provides the greatest
conservation benefit to--
(A) primarily, species listed as endangered or
threatened under section 4 of the Endangered Species
Act of 1973 (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 species, or special concern
species.
(2) Cost-effectiveness.--The Secretary of Agriculture shall
also consider the cost-effectiveness of each agreement, and
associated restoration plans, so as to maximize the
environmental benefits per dollar expended.
SEC. 503. RESTORATION PLANS.
(a) In General.--Land enrolled in the healthy forests reserve
program shall be subject to a restoration plan, to be developed jointly
by the landowner and the Secretary of Agriculture.
(b) Practices.--The restoration plan shall require such restoration
practices as are necessary to restore and enhance habitat for--
(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
threatened or endangered status, such as candidate, State-
listed species, and special concern species.
SEC. 504. FINANCIAL ASSISTANCE.
(a) Agreements of Not More Than 99 Years.--In the case of land
enrolled in the healthy forests reserve program using an agreement of
not more than 99 years described in section 502(f)(1)(C), the Secretary
of Agriculture shall pay the owner of the land an amount equal to not
less than 75 percent, nor more than 100 percent, of (as determined by
the Secretary)--
(1) the fair market value of the enrolled land during the
period the land is subject to the agreement, less the fair
market value of the land encumbered by the agreement; and
(2) the actual costs of the approved conservation practices
or the average cost of approved practices carried out on the
land during the period in which the land is subject to the
agreement.
(b) 30-Year Agreement.-- In the case of land enrolled in the
healthy forests reserve program using a 30-year agreement, the
Secretary of Agriculture shall pay the owner of the land an amount
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 agreement;
and
(2) 75 percent of the actual costs of the approved
conservation practices or 75 percent of the average cost of
approved practices.
(c) 10-Year Agreement.--In the case of land enrolled in the healthy
forests reserve program using a 10-year cost-share agreement, the
Secretary of Agriculture shall pay the owner of the land an amount
equal to not more than (as determined by the Secretary)--
(1) 50 percent of the actual costs of the approved
conservation practices; or
(2) 50 percent of the average cost of approved practices.
(d) Acceptance of Contributions.--The Secretary of Agriculture may
accept and use contributions of non-Federal funds to make payments
under this section.
SEC. 505. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary of Agriculture shall provide
landowners with technical assistance to assist the owners in complying
with the terms of plans (as included in agreements) under the healthy
forests reserve program.
(b) Technical Service Providers.--The Secretary of Agriculture may
request the services of, and enter into cooperative agreements with,
individuals or entities certified as technical service providers under
section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842), to
assist the Secretary in providing technical assistance necessary to
develop and implement the healthy forests reserve program.
SEC. 506. PROTECTIONS AND MEASURES
(a) Protections.--In the case of a landowner that enrolls land in
the program and whose conservation activities result in a net
conservation benefit for listed, candidate, or other species, the
Secretary of Agriculture shall make available to the landowner safe
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) Measures.--If protection under subsection (a) requires the
taking of measures that are in addition to the measures covered by the
applicable restoration plan agreed to under section 503, the cost of
the additional measures, as well as the cost of any permit, shall be
considered part of the restoration plan for purposes of 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--PUBLIC LAND CORPS
SEC. 601. PURPOSES.
The purposes of this title are--
(1) to carry out, in a cost-effective and efficient manner,
rehabilitation, enhancement, and beautification projects;
(2) to offer young people, ages 16 through 25, particularly
those who are at-risk or economically disadvantaged, the
opportunity to gain productive employment and exposure to the
world of work;
(3) to give those young people the opportunity to serve
their communities and their country; and
(4) to expand educational opportunities by rewarding
individuals who participate in the Public Land Corps with an
increased ability to pursue higher education or job training.
SEC. 602. DEFINITIONS.
In this title:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' means a Regional Corporation or Village
Corporation, as defined in section 101(11) of the National and
Community Service Act of 1990 (42 U.S.C. 12511(11)).
(2) Corps.--The term ``Corps'' means the Public Land Corps
established under section 603(a).
(3) Hawaiian home lands.--The term ``Hawaiian home lands''
means that term, within the meaning of the National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
(4) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 101 of the National and
Community Service Act of 1990 (42 U.S.C. 12511).
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture; and
(B) the Secretary of the Interior.
(6) Service and conservation corps.--The term ``service and
conservation corps'' means any organization established by a
State or local government, nonprofit organization, or Indian
tribe that--
(A) has a demonstrable capability to provide
productive work to individuals;
(B) gives participants a combination of work
experience, basic and life skills, education, training,
and support services; and
(C) provides participants with the opportunity to
develop citizenship values through service to their
communities and the United States.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
SEC. 603. PUBLIC LAND CORPS.
(a) Establishment.--There is established a Public Land Corps.
(b) Participants.--The Corps shall consist of individuals who are
enrolled as members of a service or conservation corps.
(c) Contracts or Agreements.--The Secretaries may enter into
contracts or cooperative agreements--
(1) directly with any service and conservation corps to
perform appropriate rehabilitation, enhancement, or
beautification projects; or
(2) with a department of natural resources, agriculture, or
forestry (or an equivalent department) of any State that has
entered into a contract or cooperative agreement with a service
and conservation corps to perform appropriate rehabilitation,
enhancement, or beautification projects.
(d) Projects.--
(1) In general.--The Secretaries may use the members of a
service and conservation corps to perform rehabilitation,
enhancement, or beautification projects authorized by law.
(2) Included land.--In addition to Federal and State lands,
the projects may be carried out on--
(A) Indian lands, with the approval of the
applicable Indian tribe;
(B) Hawaiian home lands, with the approval of the
relevant State agency in the State of Hawaii; and
(C) Alaska native lands, with the approval of the
applicable Alaska Native Corporation.
(e) Preference.--In carrying out this title, the Secretaries shall
give preference to projects that will--
(1) provide long-term benefits by reducing hazardous fuels
on Federal land;
(2) instill in members of the service and conservation
corps--
(A) a work ethic;
(B) a sense of personal responsibility; and
(C) a sense of public service;
(3) be labor intensive; and
(4) be planned and initiated promptly.
(f) Supportive Services.--The Secretaries may provide such services
as the Secretaries consider necessary to carry out this title.
(g) Technical Assistance.--To carry out this title, the Secretaries
shall provide technical assistance, oversight, monitoring, and
evaluation to--
(1) State Departments of Natural Resources and Agriculture
(or equivalent agencies); and
(2) members of service and conservation corps.
SEC. 604. NONDISPLACEMENT.
The nondisplacement requirements of section 177(b) of the National
and Community Service Act of 1990 (42 U.S.C. 12637(b)) shall apply to
activities carried out by the Corps under this title.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$15,000,000 for each of fiscal years 2004 through 2008.
TITLE VII--RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM
SEC. 701. PURPOSE
The purpose of this title is to assist in the economic
revitalization of rural forest resource-dependent communities through
incentives and collaboration to promote investment in private
enterprise and community development by--
(1) the Department of Agriculture;
(2) the Department of the Interior;
(3) the Department of Commerce;
(4) the Small Business Administration;
(5) land grant colleges and universities; and
(6) 1890 Institutions.
SEC. 702. DEFINITIONS.
In this title:
(1) 1890 institution.--The term ``1890 Institution'' has
the meaning given the term in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7601).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State or local government;
(B) an Indian tribe;
(C) a nonprofit organization;
(D) a small forest products business;
(E) a rural forest resource-dependent community;
(F) a land grant college or university; or
(G) an 1890 institution.
(3) Eligible project.--The term ``eligible project'' means
a project described in section 703 that will promote the
economic development in rural forest resource-dependent
communities based on--
(A) responsible forest stewardship;
(B) the production of sustainable forest products;
or
(C) the development of forest related tourism and
recreation activities.
(4) Forest products.--The term ``forest products'' means--
(A) logs;
(B) lumber;
(C) chips;
(D) small-diameter finished wood products;
(E) energy biomass;
(F) mulch; and
(G) any other material derived from forest
vegetation or individual trees or shrubs.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
(B) exempt from taxation under 501(a) of that Code.
(6) Program.--The term ``program'' means the rural
community forestry enterprise program established under section
703.
(7) Small forest products business.--The term ``small
forest products business'' means a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)) that is classified under subsector 113 or code number
115310 of the North American Industrial Classification System.
(8) Rural forest resource-dependent community.--
(A) In general.--The term ``rural forest resource-
dependent community'' means a community located in a
rural area of the United States that is traditionally
dependent on forestry products as a primary source of
community infrastructure.
(B) Inclusions.--The term ``rural forest resource-
dependent community'' includes a community described in
subparagraph (A) located in--
(i) the northern forest land of Maine;
(ii) New Hampshire;
(iii) New York;
(iv) Vermont;
(v) the Upper Peninsula of Michigan;
(vi) northern California; and
(vii) eastern Oregon.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 703. RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary shall establish within
the Forest Service a program to be known as the ``Rural
Community Forestry Enterprise Program''.
(2) Consultation.--In carrying out the program, the
Secretary shall consult with--
(A) the Small Business Administration;
(B) the Economic Development Administration;
(C) land grant colleges and universities;
(D) 1890 institutions;
(E) research stations and laboratories of the
Forest Service;
(F) other agencies of the Department of Agriculture
that administer rural development programs; and
(G) private nonprofit organizations.
(b) Purposes.--The purposes of the program are--
(1) to enhance technical and business management skills
training;
(2) to organize cooperatives and marketing programs;
(3) to establish and maintain timber worker skill pools;
(4) to establish and maintain forest product distribution
networks and collection centers;
(5) to facilitate technology transfer for processing small
diameter trees and brush into useful products;
(6) to develop, where support exists, a program to promote
science-based technology implementation and technology transfer
that expands the capacity for small forest product businesses
to work within market areas;
(7) to promote forest-related tourism and recreational
activities;
(8) to enhance the rural forest business infrastructure
needed to reduce hazardous fuels on public and private land;
and
(9) to carry out related programs and activities, as
determined by the Secretary.
(c) Forest Enterprise Centers.--
(1) In general.--The Secretary shall establish Forest
Enterprise Centers to provide services to rural forest-
dependent communities.
(2) Location.--A Center shall be located within close
proximity of rural forest-dependent communities served by the
Center, with at least 1 center located in each of the States of
California, Idaho, Oregon, Montana, New Mexico, Vermont, and
Washington.
(3) Duties.--A Center shall--
(A) carry out eligible projects; and
(B) coordinate assistance provided to small forest
products businesses with--
(i) the Small Business Administration,
including the timber set-aside program carried
out by the Small Business Administration;
(ii) the Rural Utilities Service, the Rural
Housing Service, and the Rural Business-
Cooperative Service of the Department of
Agriculture;
(iii) the Economic Development
Administration, including the local technical
assistance program of the Economic Development
Administration; and
(iv) research stations and laboratories of
the Forest Service.
(d) Forest Enterprise Technical Assistance and Grant Program.--
(1) In general.--The Secretary, acting through the Forest
Enterprise Centers established under subsection (c), shall
establish a program to provide technical assistance and grants
to eligible entities to carry out eligible projects.
(2) Criteria.--The Secretary shall work with each Forest
Enterprise Center to develop appropriate program review and
prioritization criteria for each Research Station.
(3) Matching funds.--Grants under this section shall--
(A) not exceed 50 percent of the cost of an
eligible project; and
(B) be made on the condition that non-Federal
sources pay for the remainder of the cost of an
eligible project (including payment through in-kind
contributions of services or materials).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2004 through 2008.
TITLE VIII--FIREFIGHTERS MEDICAL MONITORING ACT
SEC. 801. SHORT TITLE.
This title shall be referred to as the ``Firefighters Medical
Monitoring Act of 2003''.
SEC. 802. MONITORING OF FIREFIGHTERS IN DISASTER AREAS.
(a) In General.--The National Institute for Occupational Safety and
Health shall monitor the long-term medical health of those firefighters
who fought fires in any area declared a disaster area by the Federal
Government.
(b) Health Monitoring.--The long-term health monitoring referred to
in subsection (a) shall include, but not be limited to, pulmonary
illness, neurological damage, and cardiovascular damage, and shall
utilize the medical expertise in the local areas affected.
(c) Authorization.--To carry out this title, there are authorized
to be appropriated such sums as may be necessary in each of fiscal
years 2004 through 2008.
TITLE IX--DISASTER AIR QUALITY MONITORING ACT
SEC. 901. SHORT TITLE.
This title shall be referred to as the ``Disaster Air Quality
Monitoring Act of 2003''.
SEC. 902. MONITORING OF AIR QUALITY IN DISASTER AREAS.
(a) In General.--No later than six (6) months after the enactment
of this legislation, the Environmental Protection Agency shall provide
each of its regional offices a mobile air pollution monitoring network
to monitor the emissions of hazardous air pollutants in areas declared
a disaster as referred to in subsection (b), and publish such
information on a daily basis on its web site and in other forums, until
such time as the Environmental Protection Agency has determined that
the danger has subsided.
(b) Disaster Areas.--The areas referred to in subsection (a) are
those areas declared a disaster area by the Federal Government.
(c) Continuous Monitoring.--The monitoring referred to in
subsection (a) shall include the continuous and spontaneous monitoring
of hazardous air pollutants, as defined in Public Law 95-95, section
112(b).
(d) Authorization.--To carry out this title, there are authorized
to be appropriated $8,000,000.
TITLE X--HIGHLANDS REGION CONSERVATION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Highlands Conservation Act''.
SEC. 1002. FINDINGS.
Congress finds the following:
(1) The Highlands region is a physiographic province that
encompasses more than 2,000,000 acres extending from eastern
Pennsylvania through the States of New Jersey and New York to
northwestern Connecticut.
(2) The Highlands region is an environmentally unique area
that--
(A) provides clean drinking water to over
15,000,000 people in metropolitan areas in the States
of Connecticut, New Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including
habitat for 247 threatened and endangered species;
(C) maintains an important historic connection to
early Native American culture, colonial settlement, the
American Revolution, and the Civil War;
(D) contains recreational resources for 14 million
visitors annually;
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic
benefits; and
(F) provides homeownership opportunities and access
to affordable housing that is safe, clean, and healthy;
(3) An estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region.
(4) More than 1,400,000 residents live in the Highlands
region.
(5) The Highlands region forms a greenbelt adjacent to the
Philadelphia-New York City-Hartford urban corridor that offers
the opportunity to preserve water, forest and agricultural
resources, wildlife habitat, recreational areas, and historic
sites, while encouraging sustainable economic growth and
development in a fiscally and environmentally sound manner.
(6) Continued population growth and land use patterns in
the Highlands region--
(A) reduce the availability and quality of water;
(B) reduce air quality;
(C) fragment the forests;
(D) destroy critical migration corridors and forest
habitat; and
(E) result in the loss of recreational
opportunities and scenic, historic, and cultural
resources;
(7) The water, forest, wildlife, recreational,
agricultural, and cultural resources of the Highlands region,
in combination with the proximity of the Highlands region to
the largest metropolitan areas in the United States, make the
Highlands region nationally significant.
(8) The national significance of the Highlands region has
been documented in--
(A) the New York-New Jersey Highlands Regional
Study conducted by the Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional
Study: 2002 Update conducted by the Forest Service;
(C) the bi-State Skylands Greenway Task Force
Report;
(D) the New Jersey State Development and
Redevelopment Plan;
(E) the New York State Open Space Conservation
Plan;
(F) the Connecticut Green Plan: Open Space
Acquisition FY 2001-2006;
(G) the open space plans of the State of
Pennsylvania; and
(H) other open space conservation plans for States
in the Highlands region;
(9) The Highlands region includes or is adjacent to
numerous parcels of land owned by the Federal Government or
federally designated areas that protect, conserve, or restore
resources of the Highlands region, including--
(A) the Wallkill River National Wildlife Refuge;
(B) the Shawanagunk Grasslands Wildlife Refuge;
(C) the Morristown National Historical Park;
(D) the Delaware and Lehigh Canal Corridors;
(E) the Hudson River Valley National Heritage Area;
(F) the Delaware River Basin;
(G) the Delaware Water Gap National Recreation
Area;
(H) the Upper Delaware Scenic and Recreational
River;
(I) the Appalachian National Scenic Trail;
(J) the United States Military Academy at West
Point, New York;
(K) the Highlands National Millenium Trail;
(L) the Great Swamp National Wildlife Refuge;
(M) the proposed Crossroads of the Revolution
National Heritage Area;
(N) the proposed Musconetcong National Scenic and
Recreational River in New Jersey; and
(O) the Farmington River Wild and Scenic Area in
Connecticut;
(10) It is in the interest of the United States to protect,
conserve, and restore the resources of the Highlands region for
the residents of, and visitors to, the Highlands region.
(11) The States of Connecticut, New Jersey, New York, and
Pennsylvania, and units of local government in the Highlands
region have the primary responsibility for protecting,
conserving, preserving, restoring and promoting the resources
of the Highlands region.
(12) Because of the longstanding Federal practice of
assisting States in creating, protecting, conserving, and
restoring areas of significant natural and cultural importance,
and the national significance of the Highlands region, the
Federal Government should, in partnership with the Highlands
States and units of local government in the Highlands region,
protect, restore, and preserve the water, forest, agricultural,
wildlife, recreational and cultural resources of the Highlands
region.
SEC. 1003. PURPOSES.
The purposes of this title are as follows:
(1) To recognize the importance of the water, forest,
agricultural, wildlife, recreational and cultural resources of
the Highlands, and the national significance of the Highlands
region to the United States.
(2) To authorize the Secretary of Interior to work in
partnership with the Secretary of Agriculture to provide
financial assistance to the Highlands States to preserve and
protect high priority conservation lands in the Highlands
region.
(3) To continue the ongoing Forest Service programs in the
Highlands region to assist the Highlands States, local units of
government and private forest and farm landowners in the
conservation of lands and natural resources in the Highlands
region.
SEC. 1004. DEFINITIONS.
In this title:
(1) Highlands region.--The term ``Highlands region'' means
the physiographic province, defined by the Reading Prong and
ecologically similar adjacent upland areas, that encompasses
more than 2,000,000 acres extending from eastern Pennsylvania
through the States of New Jersey and New York to northwestern
Connecticut.
(2) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York;
(D) the State of Pennsylvania; and
(E) any agency or department of any Highlands
State.
(3) Land conservation partnership project.--The term ``land
conservation partnership project'' means a land conservation
project located within the Highlands region identified as
having high conservation value by the Forest Service in which a
non-Federal entity acquires land or an interest in land from a
willing seller for the purpose of permanently protecting,
conserving, or preserving the land through a partnership with
the Federal Government.
(4) Non-federal entity.--The term ``non-Federal entity''
means any Highlands State, or any agency or department of any
Highlands State with authority to own and manage land for
conservation purpose, including the Palisades Interstate Park
Commission.
(5) Study.--The term ``study'' means the New York-New
Jersey Highlands Regional Study conducted by the Forest Service
in 1990.
(6) Update.--The term ``update'' means the New York-New
Jersey Highlands Regional Study: 2002 Update conducted by the
Forest Service.
SEC. 1005. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGHLANDS
REGION.
(a) Submission of Proposed Projects.--Annually, the Governors of
the Highlands States, with input from pertinent units of local
government and the public, may jointly identify land conservation
partnership projects in the Highlands region that shall be proposed for
Federal financial assistance and submit a list of those projects to the
Secretary of the Interior.
(b) Consideration of Projects.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture, shall annually submit
to Congress a list of those land conservation partnership projects
submitted under subsection (a) that are eligible to receive financial
assistance under this section.
(c) Eligibility Conditions.--To be eligible for financial
assistance under this section for a land conservation partnership
project, a non-Federal entity shall enter into an agreement with the
Secretary of the Interior that--
(1) identifies the non-Federal entity that shall own or
hold and manage the land or interest in land;
(2) identifies the source of funds to provide the non-
Federal share required under subsection (d);
(3) describes the management objectives for the land that
will assure permanent protection and use of the land for the
purpose for which the assistance will be provided;
(4) provides that, if the non-Federal entity converts,
uses, or disposes of the land conservation partnership project
for a purpose inconsistent with the purpose for which the
assistance was provided, as determined by the Secretary of the
Interior, the United States may seek specific performance of
the conditions of financial assistance in accordance with
paragraph (3) in Federal court and shall be entitled to
reimbursement from the non-Federal entity in an amount that is,
as determined at the time of conversion, use, or disposal, the
greater of--
(A) the total amount of the financial assistance
provided for the project by the Federal Government
under this section; or
(B) the amount by which the financial assistance
increased the value of the land or interest in land;
and
(5) provides that land conservation partnership projects
will be consistent with areas identified as having high
conservation value in the following:
(A) Important Areas portion of the Forest Service
study.
(B) Conservation Focal Areas portion of the Forest
Service update.
(C) Conservation Priorities portion of the update.
(D) Lands identified as having higher or highest
resource value in the Conservation Values Assessment
portion of the update.
(d) Non-Federal Share Requirement.--The Federal share of the cost
of carrying out a land conservation partnership project under this
section shall not exceed 50 percent of the total cost of the land
conservation partnership project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior from the general funds of
the Treasury or the Land and Water Conservation Fund to carry out this
section $10,000,000 for each of the fiscal years 2005 through 2014.
Amounts appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 1006. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS REGION.
(a) In General.--In order to meet the land resource goals of, and
the scientific and conservation challenges identified in, the study,
update, and any future study that the Forest Service may undertake in
the Highlands region, the Secretary of Agriculture, acting through the
Chief of the Forest Service and in consultation with the Chief of the
Natural Resource Conservation Service, shall continue to assist the
Highlands States, local units of government, and private forest and
farm landowners in the conservation of lands and natural resources in
the Highlands region.
(b) Duties.--The Forest Service shall--
(1) in consultation with the Highlands States, undertake
other studies and research as appropriate in the Highlands
region consistent with the purposes of this title;
(2) communicate the findings of the study and update and
maintain a public dialogue regarding implementation of the
study and update; and
(3) assist the Highland States, local units of government,
individual landowners, and private organizations in identifying
and using Forest Service and other technical and financial
assistance programs of the Department of Agriculture.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$1,000,000 for each of the fiscal years 2005 through 2014.
SEC. 1007. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to permit public
access (including Federal, State, or local government access)
to such private property; and
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private lands.
(b) Liability.--Nothing in this title shall be construed to create
any liability, or to have any effect on any liability under any other
law, of any private property owner with respect to any persons injured
on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners.--Nothing in this
title shall be construed to require the owner of any private property
located in the Highlands region to participate in the land
conservation, financial, or technical assistance or any other programs
established under this title.
(e) Purchase of Lands or Interests in Lands From Willing Sellers
Only.--Funds appropriated to carry out this title shall be used to
purchase lands or interests in lands only from willing sellers.
TITLE XI--MISCELLANEOUS PROVISIONS
SEC. 1101. FOREST INVENTORY AND MANAGEMENT.
Section 17 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2101 note; Public Law 95313) is amended to read as follows:
``SEC. 17. FOREST INVENTORY AND MANAGEMENT.
``(a) In General.--The Secretary shall carry out a program using
geospatial and information management technologies (including remote
sensing imaging and decision support systems) to inventory, monitor,
characterize, assess, and identify forest stands and potential forest
stands on--
``(1) units of the National Forest System; and
``(2) private forest land, with the consent of the owner of
the land.
``(b) Means.--The Secretary shall carry out the program through the
use of--
``(1) remote sensing technology of the National Aeronautics
and Space Administration and the United States Geological
Survey;
``(2) emerging geospatial capabilities in research
activities;
``(3) validating techniques, including coordination and
reconciliation with existing data through field verification,
using application demonstrations; and
``(4) integration of results into pilot operational
systems.
``(c) Issues To Be Addressed.--In carrying out the program, the
Secretary shall address issues including--
``(1) early detection, identification, and assessment of
environmental threats (including insect, disease, invasive
species, fire, acid deposition, and weather-related risks and
other episodic events);
``(2) loss or degradation of forests;
``(3) degradation of the quality forest stands caused by
inadequate forest regeneration practices;
``(4) quantification of carbon uptake rates;
``(5) management practices that focus on preventing further
forest degradation; and
``(6) characterization of vegetation types, density, fire
regimes, post-fire effects, and condition class.
``(d) Early Warning System.--In carrying out the program, the
Secretary shall develop a comprehensive early warning system for
potential catastrophic environmental threats to forests to increase 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 environmentally and economically devastating to forests.
``(e) Administration.--To carry out this section, the Secretary
shall--
``(1) designate a facility within Forest Service Region 8
that--
``(A) is best-suited to take advantage of existing
resources to coordinate and carry out the program
through the means described in subsection (b); and
``(B) will address the issues described in
subsection (c), with a particular emphasis on hardwood
forest stands in the Eastern United States; and
``(2) designate a facility in the Ochoco National Forest
headquarters within Forest Service Region 6 that will address
the issues described in subsection (c), with a particular
emphasis on coniferous forest stands in the Western United
States.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 1102. PROGRAM FOR EMERGENCY TREATMENT AND REDUCTION OF NONNATIVE
INVASIVE PLANTS.
(a) Definitions.--In this section:
(1) Interface community.--The term ``interface community''
has the meaning given the term in the notice published at 66
Fed. Reg. 751 (January 4, 2001) (including any subsequent
revision to the notice).
(2) Intermix community.--The term ``intermix community''
has the meaning given the term in the notice published at 66
Fed. Reg. 751 (January 4, 2001) (including any subsequent
revision to the notice).
(3) Plant.--The term ``plant'' includes--
(A) a tree;
(B) a shrub; and
(C) a vine.
(4) Program.--The term ``program'' means the program for
emergency treatment and reduction of nonnative invasive plants
established under subsection (b)(1).
(5) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(b) Establishment.--
(1) In general.--The Secretaries shall establish a program
for emergency treatment and reduction of nonnative invasive
plants to provide to State and local governments and agencies,
conservation districts, tribal governments, and willing private
landowners grants for use in carrying out hazardous fuel
reduction projects to address threats of catastrophic fires
that have been determined by the Secretaries to pose a serious
threat to--
(A) property;
(B) human life; or
(C) the ecological stability of an area.
(2) Coordination.--In carrying out the program, the
Secretaries shall coordinate with such Federal agencies, State
and local governments and agencies, and conservation districts
as are affected by projects under the program.
(c) Eligible Land.--A project under the program shall--
(1) be carried out only on land that is located--
(A) in an interface community or intermix
community; or
(B) in such proximity to an interface community or
intermix community as would pose a significant risk in
the event of the spread of a fire disturbance event
from the land (including a risk that would threaten
human life or property in proximity to or within the
interface community or intermix community), as
determined by the Secretaries;
(2) remove fuel loads determined by the Secretaries, a
State or local government, a tribal government, or a private
landowner to pose a serious threat to--
(A) property;
(B) human life; or
(C) the ecological stability of an area; and
(3) involve the removal of nonnative invasive plants.
(d) Use of Funds.--Funds made available for a project under the
program shall be used only for--
(1) the removal of plants or other potential fuels that
are--
(A) adjacent to or within the wildland urban
interface; or
(B) adjacent to a municipal watershed, river, or
water course;
(2) the removal of erosion structures that impede the
removal of nonnative plants; or
(3) the replanting of native vegetation to reduce the
reestablishment of nonnative invasive plants in a treatment
area.
(e) Revolving Fund.--
(1) In general.--In the case of a grant provided to a
willing owner to carry out a project on non-Federal land under
this section, the owner shall deposit into a revolving fund
established by the Secretaries any proceeds derived from the
sale of timber or biomass removed from the non-Federal land
under the project.
(2) Use.--The Secretaries shall use amounts in the
revolving fund to make additional grants under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.
SEC. 1103. USDA NATIONAL AGROFORESTRY CENTER.
(a) In General.--Section 1243 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law
101-624) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1243. USDA NATIONAL AGROFORESTRY CENTER.'';
and
(2) in subsection (a)--
(A) by striking ``Semiarid'' and inserting ``USDA
National''; and
(B) by striking ``Semiarid'' and inserting ``USDA
National''.
(b) Program.--Section 1243(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law
101-624) is amended--
(1) by inserting ``local governments, community
organizations, the Institute of Tropical Forestry and the
Institute of Pacific Islands Forestry of the Forest Service,''
after ``entities,'';
(2) in paragraph (1), by striking ``on semiarid lands'';
(3) in paragraph (3), by striking ``from semiarid land'';
(4) by striking paragraph (4) and inserting the following:
``(4) collect information on the design, installation, and
function of forested riparian and upland buffers to--
``(A) protect water quality; and
``(B) manage water flow;'';
(5) in paragraphs (6) and (7), by striking ``on semiarid
lands'' each place it appears;
(6) by striking paragraph (8) and inserting the following:
``(8) provide international leadership in the worldwide
development and exchange of agroforestry practices;'';
(7) in paragraph (9), by striking ``on semiarid lands'';
(8) in paragraph (10), by striking ``and'' at the end;
(9) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(10) by adding at the end the following:
``(12) quantify the carbon storage potential of
agroforestry practices such as--
``(A) windbreaks;
``(B) forested riparian buffers;
``(C) silvopasture timber and grazing systems; and
``(D) alley cropping; and
``(13) modify and adapt riparian forest buffer technology
used on agricultural land for use by communities to manage
stormwater runoff.''.
SEC. 1104. UPLAND HARDWOODS RESEARCH CENTER.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall establish an
Upland Hardwood Research Center.
(b) Location.--The Secretary of Agriculture shall locate the
Research Center in an area that, as determined by the Secretary of
Agriculture, would best use and study the upland hardwood resources of
the Ozark Mountains and the South.
(c) Duties.--The Upland Hardwood Research Center shall, in
conjunction with the Southern Forest Research Station of the Department
of Agriculture--
(1) provide the scientific basis for sustainable management
of southern upland hardwood forests, particularly in the Ozark
Mountains and associated mountain and upland forests; and
(2) conduct research in all areas to emphasize practical
application toward the use and preservation of upland hardwood
forests, particularly--
(A) the effects of pests and pathogens on upland
hardwoods;
(B) hardwood stand regeneration and reproductive
biology;
(C) upland hardwood stand management and forest
health;
(D) threatened, endangered, and sensitive aquatic
and terrestrial fauna;
(E) ecological processes and hardwood ecosystem
restoration; and
(F) education and outreach to nonindustrial private
forest landowners and associations.
(d) Research.--In carrying out the duties under subsection (c), the
Upland Hardwood Research Center shall--
(1) cooperate with the Center for Bottomland Hardwood
Research of the Southern Forest Research Station of the
Department of Agriculture, located in Stoneville, Mississippi;
and
(2) provide comprehensive research in the Mid-South region
of the United States, the Upland Forests Ecosystems Unit of the
Southern Forest Research Station of the Department of
Agriculture, located in Monticello, Arkansas.
(e) Participation of Private Landowners.--The Secretary of
Agriculture shall encourage and facilitate the participation of private
landowners in the program under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each fiscal year.
SEC. 1105. EMERGENCY FUEL REDUCTION GRANTS.
(a) In General.--The Secretary of Agriculture shall establish an
emergency fuel reduction grant program under which the Secretary shall
provide grants to State and local agencies to carry out hazardous fuel
reduction projects addressing threats of catastrophic fire that pose a
serious threat to human life, as determined by the Forest Service.
(b) Eligible Projects.--To be eligible to be carried out with a
grant under the program, a hazardous fuel reduction project shall--
(1) be surrounded by or immediately adjacent to the
boundary of a national forest;
(2) be determined to be of paramount urgency, as indicated
by declarations to that effect by both local officials and the
Governor of the State in which in the project is to be carried
out; and
(3) remove fuel loading that poses a serious threat to
human life, as determined by the Forest Service.
(c) Uses of Grants.--A grant under the program may be used only--
(1) to remove trees, shrubs, or other potential fuel
adjacent to a primary evacuation route;
(2) to remove trees, shrubs, or other potential fuel that
are adjacent to an emergency response center, emergency
communication facility, or site designated as a shelter-in-
place facility; or
(3) to conduct an evacuation drill or preparation.
(d) Revolving Fund.--
(1) In general.--In the case of a grant under the program
that is used to carry out a project on private or county land,
the grant recipient shall deposit in a revolving fund
maintained by the Secretary any proceeds from the sale of
timber or biomass as a result of the project.
(2) Use.--The Secretary shall use amounts in the revolving
fund to make other grants under this section, without further
appropriation.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture to carry out this section
$50,000,000 for each fiscal year.
SEC. 1106. EASTERN NEVADA LANDSCAPE COALITION.
(a) In General.--(1) The Secretary of Agriculture and the Secretary
of the Interior are authorized to make grants to the Eastern Nevada
Landscape Coalition for the study and restoration of rangeland and
other lands in Nevada's Great Basin in order to help assure the
reduction of hazardous fuels and for related purposes.
(2) Notwithstanding sections 6301 through 6308 of title 31, United
States Code, the Director of the Bureau of Land Management shall enter
into a cooperative agreement with the Eastern Nevada Landscape
Coalition for the Great Basin Restoration Project, including hazardous
fuels and mechanical treatments and related work.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 1107. SENSE OF CONGRESS REGARDING ENHANCED COMMUNITY FIRE
PROTECTION.
It is the sense of Congress to reaffirm the importance of enhanced
community fire protection program, as described in section 10A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) (as added
by section 8003(b) of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 116 Stat. 473)).
SEC. 1108. COLLABORATIVE MONITORING.
(a) In General.--The Secretaries shall establish a collaborative
monitoring, evaluation, and accountability process in order to assess
the positive or negative ecological and social effects of a
representative sampling of projects implemented pursuant to title I and
section 404 of this Act. The Secretaries shall include diverse
stakeholders, including interested citizens and Indian tribes, in the
monitoring and evaluation process.
(b) Means.--The Secretaries may collect monitoring data using
cooperative agreements, grants or contracts with small or micro-
businesses, cooperatives, nonprofit organizations, Youth Conservation
Corps work crews or related partnerships with State, local, and other
non-Federal conservation corps.
(c) Funds.--Funds to implement this section shall be derived from
hazardous fuels operations funds.
SEC. 1109. BEST-VALUE CONTRACTING.
To conduct a project under this Act, the Secretaries may use best
value contracting criteria in awarding contracts and agreements. Best-
value contracting criteria includes--
(1) the ability of the contractor to meet the ecological
goals of the projects;
(2) the use of equipment that will minimize or eliminate
impacts on soils; and
(3) benefits to local communities such as ensuring that the
byproducts are processed locally.
SEC. 1110. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM;
FOREST LEGACY PROGRAM.
(a) Suburban and Community Forestry and Open Space Program.--The
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is
amended by adding at the end the following:
``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE PROGRAM.
``(a) Definitions.--In this section:
``(1) Committee.--The term `Committee' means a State Forest
Stewardship Coordinating Committee established under section
19(b).
``(2) Eligible entity.--The term `eligible entity' means a
unit of local government or a nonprofit organization that--
``(A) the Secretary determines, in accordance with
the criteria established under subsection
(c)(1)(A)(ii)(II) is eligible to receive a grant under
subsection (c)(2); and
``(B) the State forester, in consultation with the
Committee, determines--
``(i) has the abilities necessary to
acquire and manage interests in real property;
and
``(ii) has the resources necessary to
monitor and enforce any terms applicable to the
eligible project.
``(3) Eligible project.--The term `eligible project' means
a fee purchase, easement, or donation of land to conserve
private forest land identified for conservation under
subsection (c)(1)(A)(ii)(I).
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) Nonprofit organization.--The term `nonprofit
organization' means any organization that is--
``(A) described in section 501(c) of the Internal
Revenue Code of 1986; and
``(B) exempt from taxation under 501(a) of the
Internal Revenue Code of 1986.
``(6) Private forest land.--The term `private forest land'
means land that is--
``(A) capable of producing commercial forest
products; and
``(B) owned by--
``(i) a private entity; or
``(ii) an Indian tribe.
``(7) Program.--The term `program' means the Suburban and
Community Forestry and Open Space Program established by
subsection (b).
``(8) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(b) Establishment.--
``(1) In general.--There is established within the Forest
Service a program to be known as the `Suburban and Community
Forestry and Open Space Program'.
``(2) Purpose.--The purpose of the program is to provide
assistance to eligible entities to carry out eligible projects
in States in which less than 25 percent of the land is owned by
the United States to--
``(A) conserve private forest land and maintain
working forests in areas threatened by significant
suburban sprawl or by conversion to nonforest uses; and
``(B) provide communities a means by which to
address significant suburban sprawl.
``(c) Grant Program.--
``(1) Identification of eligible private forest land.--
``(A) Criteria.--
``(i) National criteria.--The Secretary
shall establish national eligibility criteria
for the identification of private forest land
that may be conserved under this section.
``(ii) State criteria.--The State forester,
in consultation with the Committee, shall,
based on the criteria established under clause
(i), and subject to the approval of the
Secretary, establish criteria for--
``(I) the identification, subject
to subparagraph (B), of private forest
land in each State that may be
conserved under this section; and
``(II) the identification of
eligible entities.
``(B) Conditions for eligible private forest
land.--Private forest land identified for conservation
under subparagraph (A)(ii)(I) shall be land that--
``(i) is located in a State in which less
than 25 percent of the land is owned by the
United States; and
``(ii) as determined by the State forester,
in consultation with the Committee and subject
to the approval of the Secretary--
``(I) is located in an area that is
affected, or threatened to be affected,
by significant suburban sprawl, taking
into account housing needs in the area;
and
``(II) is threatened by present or
future conversion to nonforest use.
``(2) Grants.--
``(A) Eligible projects.--
``(i) In general.--In carrying out this
section, the Secretary shall award competitive
grants to eligible entities to carry out
eligible projects.
``(ii) Public access.--Eligible entities
are encouraged to provide public access to land
on which an eligible project is carried out.
``(B) Application; stewardship plan.--An eligible
entity that seeks to receive a grant under this section
shall submit to the State forester--
``(i) at such time and in such form as the
Secretary shall prescribe, an application for
the grant (including a description of any
private forest land to be conserved using funds
from the grant and a description of the extent
of the threat of conversion to nonforest use);
and
``(ii) a stewardship plan that describes
the manner in which--
``(I) any private forest land to be
conserved using funds from the grant
will be managed in accordance with this
section;
``(II) the stewardship plan will be
implemented; and
``(III) the public benefits to be
achieved from implementation of the
stewardship plan.
``(C) Assessment of need.--With respect to an
application submitted under subparagraph (B), the State
forester shall--
``(i) assess the need for preserving
suburban forest land and open space and
containing suburban sprawl in the State, taking
into account the housing needs of the area in
which the eligible project is to be carried
out; and
``(ii) submit to the Secretary--
``(I) the application submitted
under subparagraph (B); and
``(II) the assessment of need.
``(D) Approval or disapproval.--
``(i) In general.--Subject to clause (ii),
as soon as practicable after the date on which
the Secretary receives an application under
subparagraph (C)(ii) or a resubmission under
subclause (II)(bb)(BB), the Secretary shall--
``(I) review the application; and
``(II)(aa) award a grant to the
applicant; or
``(bb)(AA) disapprove the
application; and
``(BB) provide the applicant a
statement that describes the reasons
why the application was disapproved
(including a deadline by which the
applicant may resubmit the
application).
``(ii) Considerations; priority.--In
awarding grants under this section, the
Secretary shall--
``(I) consider the need for the
eligible project based on the
assessment of need submitted under
subparagraph (C) and subject to any
criteria under paragraph (1); and
``(II) give priority to applicants
that propose to fund eligible projects
that promote--
``(aa) the preservation of
suburban forest land and open
space;
``(bb) the containment of
suburban sprawl;
``(cc) the sustainable
management of private forest
land;
``(dd) community
involvement in determining the
objectives for eligible
projects that are funded under
this section; and
``(ee) community and school
education programs and
curricula relating to
sustainable forestry.
``(3) Cost sharing.--
``(A) In general.--The amount of a grant awarded
under this section to carry out an eligible project
shall not exceed 50 percent of the total cost of the
eligible project.
``(B) Assurances.--As a condition of receipt of a
grant under this section, an eligible entity shall
provide to the Secretary such assurances as the
Secretary determines are sufficient to demonstrate that
the share of the cost of each eligible project that is
not funded by the grant awarded under this section has
been secured.
``(C) Form.--The share of the cost of carrying out
any eligible project described in subparagraph (A) that
is not funded by a grant awarded under this section may
be provided in cash or in kind (including a donation of
land).
``(d) Use of Grant Funds for Purchases of Land or Easements.--
``(1) Purchases.--
``(A) In general.--Except as provided in
subparagraph (B), funds made available, and grants
awarded, under this section may be used to purchase
private forest land or interests in private forest land
(including conservation easements) only from willing
sellers at fair market value.
``(B) Sales at less than fair market value.--A sale
of private forest land or an interest in private forest
land at less than fair market value shall be permitted
only on certification by the landowner that the sale is
being entered into willingly and without coercion.
``(2) Title.--Title to private forest land or an interest
in private forest land purchased under paragraph (1) may be
held, as determined appropriate by the Secretary, by--
``(A) a State;
``(B) a unit of local government; or
``(C) a nonprofit organization.
``(3) Termination of easement.--
``(A) In general.--Except as provided in
subparagraph (B), all right, title, and interest of a
unit of local government or nonprofit organization in
and to a conservation easement shall terminate and vest
in the State if the State determines that--
``(i) the unit of local government or
nonprofit organization is unable or unwilling
to enforce the terms of the conservation
easement; or
``(ii) the conservation easement has been
modified in a way that is inconsistent with the
purposes of the program.
``(B) Conveyance to another unit of local
government or nonprofit organization.--If the State
makes a determination under subparagraph (A), the State
may convey or authorize the unit of local government or
nonprofit organization to convey the conservation
easement to another unit of local government or
nonprofit organization.
``(e) Administrative Costs.--The State, on approval of the
Secretary and subject to any regulations promulgated by the Secretary,
may use amounts made available under subsection (g) to pay the
administrative costs of the State relating to the program.
``(f) Report.--The Secretary shall submit to Congress a report on
the eligible projects carried out under this section in accordance with
section 8(c) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1606(c)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $50,000,000 for fiscal year 2004; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
(b) Forest Legacy Program.--Section 7 of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103c) is amended--
(1) in subsection (c), by striking the last sentence;
(2) in subsection (i), by striking ``subsection (b)'' and
inserting ``this section'';
(3) in subsection (j)(1), by inserting ``(other than by
donation)'' after ``acquired'';
(4) in subsection (k)(2), by striking ``the United States
or its'' and inserting ``the United States, a State, or other
entity, or their''; and
(5) in subsection (l), by adding at the end the following:
``(3) State authorization.--
``(A) Definition of state forester.--The term
`State forester' has the meaning given the term in
section 4(k).
``(B) In general.--Notwithstanding subsection (c)
and paragraph (2)(B), the Secretary shall, on request
by a State, authorize the State to allow a qualified
organization (as defined in section 170(h)(3) of the
Internal Revenue Code of 1986) and that is organized
for at least 1 of the purposes described in section
170(h)(4)(A) of that Code, using amounts granted to a
State under this paragraph, to acquire 1 or more
conservation easements to carry out the Forest Legacy
Program in the State.
``(C) Eligibility.--To be eligible to acquire and
manage conservation easements under this paragraph, a
qualified organization described in subparagraph (B)
shall, as determined by the Secretary, acting through
the State forester, demonstrate the abilities necessary
to acquire, monitor, and enforce interests in forest
land consistent with the Forest Legacy Program and the
assessment of need for the State.
``(D) Monitoring and enforcement.--
``(i) In general.--A qualified organization
that acquires a conservation easement under
this paragraph shall be responsible for
monitoring and enforcing the terms of the
conservation easement and any of the costs of
the qualified organization associated with such
monitoring and enforcement.
``(ii) Contingent rights.--If a qualified
organization that acquires a conservation
easement under this paragraph fails to enforce
the terms of the conservation easement, as
determined by the State, the State or the
Secretary shall have the right to enforce the
terms of the conservation easement under
Federal or State law.
``(iii) Amendments.--Any amendments to a
conservation easement that materially affect
the terms of the conservation easement shall be
subject to approval by the Secretary or the
State, as appropriate.
``(E) Termination of easement.--
``(i) In general.--Except as provided in
clause (ii), all right, title, and interest of
a qualified organization described in
subparagraph (B) in and to a conservation
easement shall terminate and vest in the State
or a qualified designee if the State determines
that--
``(I) the qualified organization
fails to enforce the terms of the
conservation easement;
``(II) the conservation easement
has been modified in a way that is
inconsistent with the purposes of the
Forest Legacy Program or the assessment
of need for the State; or
``(III) the conservation easement
has been conveyed to another person
(other than to a qualified
organization).
``(ii) Conveyance to another qualified
organization.--If the State makes a
determination under clause (i), the State may
convey or authorize the qualified organization
to convey the conservation easement to another
qualified organization.
``(F) Implementation.--The Secretary, acting
through the State forester, shall implement this
paragraph in accordance with the assessment of need for
the State as approved by the Secretary.''.
SEC. 1111. WILDLAND FIREFIGHTER SAFETY.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means--
(1) the Secretary of Agriculture, with respect to land of
the National Forest System described in section 3(1)(A); and
(2) the Secretary of the Interior, with respect to public
lands described in section 3(1)(B).
(b) Firefighter Safety and Training Budget.--The Secretary shall--
(1) track funds expended for firefighter safety and
training programs and activities; and
(2) include a line item for such expenditures in each
budget request submitted after the date of enactment of this
Act.
(c) Annual Report to Congress.--The Secretaries shall, on an annual
basis, jointly submit to Congress a report on the implementation and
efficacy of wildland firefighter safety and training programs and
activities.-
(d) Safety Qualification of Private Contractors.--
(1) In general.--The Secretaries shall ensure that any
Federal contract or agreement entered into with a private
entity for wildland firefighting services requires the entity
to provide firefighter training that is consistent with
qualification standards established by the National Wildfire
Coordinating Group.
(2) Compliance.--The Secretaries shall develop a program to
monitor and enforce compliance with the requirements of
paragraph (1).
SEC. 1112. GREEN MOUNTAIN NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundaries of the Green Mountain National
Forest are modified to include all parcels of land depicted on the
forest maps entitled ``Green Mountain Expansion Area Map I'' and
``Green Mountain Expansion Area Map II'', each dated February 20, 2002,
which shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Washington, District of
Columbia.
(b) Management.--Federally owned land delineated on the maps
acquired for National Forest purposes shall continue to be managed in
accordance with the laws (including regulations) applicable to the
National Forest System.
(c) Land and Water Conservation Fund.--For the purposes of section
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460-
9), the boundaries of the Green Mountain National Forest, as adjusted
by this Act, shall be considered to be the boundaries of the national
forest as of January 1, 1965.
SEC. 1113. PUERTO RICO KARST CONSERVATION.
(a) Short Title.--This section may be cited as the ``Puerto Rico
Karst Conservation Act of 2003''.
(b) Findings.--Congress finds that--
(1) in the Karst Region of the Commonwealth of Puerto Rico
there are--
(A) some of the largest areas of tropical forests
in Puerto Rico, with a higher density of tree species
than any other area in the Commonwealth; and
(B) unique geological formations that are critical
to the maintenance of aquifers and watersheds that
constitute a principal water supply for much of the
Commonwealth;
(2) the Karst Region is threatened by development that, if
unchecked, could permanently damage the aquifers and cause
irreparable damage to natural and environmental assets that are
unique to the United States;
(3) the Commonwealth has 1 of the highest population
densities in the United States, which makes the protection of
the Karst Region imperative for the maintenance of the public
health and welfare of the citizens of the Commonwealth;
(4) the Karst Region--
(A) possesses extraordinary ecological diversity,
including the habitats of several endangered and
threatened species and tropical migrants; and
(B) is an area of critical value to research in
tropical forest management; and
(5) coordinated efforts at land protection by the Federal
Government and the Commonwealth are necessary to conserve the
environmentally critical Karst Region.
(c) Purposes.--The purposes of this section are--
(1) to authorize and support conservation efforts to
acquire, manage, and protect the tropical forest areas of the
Karst Region, with particular emphasis on water quality and the
protection of the aquifers that are vital to the health and
wellbeing of the citizens of the Commonwealth; and
(2) to promote cooperation among the Commonwealth, Federal
agencies, corporations, organizations, and individuals in those
conservation efforts.
(d) Definitions.--In this section:
(1) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Puerto Rico.
(2) Forest legacy program.--The term ``Forest Legacy
Program'' means the program established under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).
(3) Fund.--The term ``Fund'' means the Puerto Rico Karst
Conservation Fund established by subsection (f).
(4) Karst region.--The term ``Karst Region'' means the
areas in the Commonwealth generally depicted on the map
entitled ``Karst Region Conservation Area'' and dated March
2001, which shall be on file and available for public
inspection in--
(A) the Office of the Secretary, Puerto Rico
Department of Natural and Environmental Resources; and
(B) the Office of the Chief of the Forest Service.
(5) Land.--The term ``land'' includes land, water, and an
interest in land or water.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(e) Conservation of the Karst Region.--
(1) Federal cooperation and assistance.--In furtherance of
the acquisition, protection, and management of land in and
adjacent to the Karst Region and in implementing related
natural resource conservation strategies, the Secretary may--
(A) make grants to and enter into contracts and
cooperative agreements with the Commonwealth, other
Federal agencies, organizations, corporations, and
individuals; and
(B) use all authorities available to the Secretary,
including--
(i) the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1641
et seq.);
(ii) section 1472 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3318); and
(iii) section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(2) Funding sources.--The activities authorized by this
subsection may be carried out using--
(A) amounts in the Fund;
(B) amounts in the fund established by section 4(b)
of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1643(b));
(C) funds appropriated from the Land and Water
Conservation Fund;
(D) funds appropriated for the Forest Legacy
Program; and
(E) any other funds made available for those
activities.
(3) Management.--
(A) In general.--Land acquired under this
subsection shall be managed, in accordance with the
Forest and Rangeland Renewable Resources Research Act
of 1978 (16 U.S.C. 1641 et seq.), in a manner to
protect and conserve the water quality and aquifers and
the geological, ecological, fish and wildlife, and
other natural values of the Karst Region.
(B) Failure to manage as required.--In any deed,
grant, contract, or cooperative agreement implementing
this subsection and the Forest Legacy Program in the
Commonwealth, the Secretary may require that, if land
acquired by the Commonwealth or other cooperating
entity under this section is sold or conveyed in whole
or part, or is not managed in conformity with
subparagraph (A), title to the land shall, at the
discretion of the Secretary, vest in the United States.
(4) Willing sellers.--Any land acquired by the Secretary in
the Karst Region shall be acquired only from a willing seller.
(5) Relation to other authorities.--Nothing in this
subsection--
(A) diminishes any other authority that the
Secretary may have to acquire, protect, and manage land
and natural resources in the Commonwealth; or
(B) exempts the Federal Government from
Commonwealth water laws.
(f) Puerto Rico Karst Conservation Fund.--
(1) Establishment.--There is established in the Treasury an
interest-bearing account to be known as the ``Puerto Rico Karst
Conservation Fund''.
(2) Credits to fund.--There shall be credited to the Fund--
(A) amounts appropriated to the Fund;
(B) all amounts donated to the Fund;
(C) all amounts generated from the Caribbean
National Forest that would, but for this paragraph, be
deposited as miscellaneous receipts in the Treasury of
the United States, but not including amounts authorized
by law for payments to the Commonwealth or authorized
by law for retention by the Secretary for any purpose;
(D) all amounts received by the Administrator of
General Services from the disposal of surplus real
property in the Commonwealth under subtitle I of title
40, United States Code; and
(E) interest derived from amounts in the Fund.
(3) Use of fund.--Amounts in the Fund shall be available to
the Secretary until expended, without further appropriation, to
carry out subsection (e).
(g) Miscellaneous Provisions.--
(1) Donations.--
(A) In general.--The Secretary may accept
donations, including land and money, made by public and
private agencies, corporations, organizations, and
individuals in furtherance of the purposes of this
subsection.
(B) Conflicts of interest.--The Secretary may
accept donations even if the donor conducts business
with or is regulated by the Department of Agriculture
or any other Federal agency.
(C) Applicable law.--Public Law 95-442 (7 U.S.C.
2269) shall apply to donations accepted by the
Secretary under this paragraph.
(2) Relation to forest legacy program.--
(A) In general.--All land in the Karst Region shall
be eligible for inclusion in the Forest Legacy Program.
(B) Cost sharing.--The Secretary may credit
donations made under paragraph (1) to satisfy any cost-
sharing requirements of the Forest Legacy Program.
(h) Authorization of Appropriations.--
There are authorized to be appropriated such sums as are necessary
to carry out this section.
SEC. 1114. FARM SECURITY AND RURAL INVESTMENT ACT.
Section 10806(b)(1) of the Farm Security and Rural Investment Act
of 2002 (21 U.S.C. 321d; 116 Stat. 526), is deemed to have first become
effective 15 days after the date of the enactment of this Act.
SEC. 1115. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER THE ANIMAL
WELFARE ACT.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively;
(2) by inserting after subsection (b) the following:
``(c) Sharp Instruments.--It shall be unlawful for any person to
knowingly sell, buy, transport, or deliver in interstate or foreign
commerce a knife, a gaff, or any other sharp instrument attached, or
designed or intended to be attached, to the leg of a bird for use in an
animal fighting venture.'';
(3) in subsection (e) (as redesignated by paragraph (1)),
by striking ``(c)'' and inserting ``(d)'';
(4) in subsection (f) (as redesignated by paragraph (1))--
(A) by striking ``(a), (b), or (c)'' and inserting
``(a), (b), (c), or (d)''; and
(B) by striking ``1 year'' and inserting ``2
years'';
(5) by striking subsection (g) (as redesignated by
paragraph (1)) and inserting the following:
``(g) Investigations.--
``(1) In general.--The Secretary or any person authorized
by the Secretary shall make such investigations as the
Secretary considers necessary to determine whether any person
has violated or is violating any provision of this section.
``(2) Assistance.--Through cooperative agreements, the
Secretary may obtain the assistance of the Federal Bureau of
Investigation, the Department of the Treasury, and other law
enforcement agencies of the United States and of State, tribal,
and local governmental agencies in the conduct of an
investigation under paragraph (1).
``(3) Warrants.--
``(A) Issuance.--A judge of the United States,
United States magistrate judge, or judge of a State or
tribal court of competent jurisdiction in the district
in which is located an animal, paraphernalia,
instrument, or other property or thing that there is
probable cause to believe was involved, is about to be
involved, or is intended to be involved in a violation
of this section shall issue a warrant to search for and
seize the animal or other property or thing.
``(B) Application; execution.--A United States
marshal or any person authorized under this section to
conduct an investigation may apply for and execute a
warrant issued under subparagraph (A), and any animal,
paraphernalia, instrument, or other property or thing
seized under such a warrant shall be held by the
authorized person pending disposition of the animal,
paraphernalia, instrument, or other property or thing
by a court in accordance with this subsection.
``(4) Storage of animals.--
``(A) In general.--An animal seized by a United
States marshal or other authorized person under
paragraph (3) shall be taken promptly to an animal
housing facility in which the animal shall be stored
humanely.
``(B) No facility available.--If there is not
available a suitable animal storage facility sufficient
in size to hold all of the animals involved in a
violation, a United States marshal or other authorized
person shall--
``(i) seize a representative sample of the
animals for evidentiary purposes to be
transported to an animal storage facility in
which the animals shall be stored humanely; and
``(ii)(I) keep the remaining animals at the
location where the animals were seized;
``(II) provide for the humane care of the
animals; and
``(III) cause the animals to be banded,
tagged, or marked by microchip and photographed
or videotaped for evidentiary purposes.
``(5) Care.--While a seized animal is held in custody, a
United States marshal or other authorized person shall ensure
that the animal is provided necessary care (including housing,
feeding, and veterinary treatment).
``(6) Forfeiture.--
``(A) In general.--Any animal, paraphernalia,
instrument, vehicle, money, or other property or thing
involved in a violation of this section shall be liable
to be proceeded against and forfeited to the United
States at any time on complaint filed in any United
States district court or other court of the United
States for any jurisdiction in which the animal,
paraphernalia, instrument, vehicle, money, or other
property or thing is found.
``(B) Disposition.--On entry of a judgment of
forfeiture, a forfeited animal shall be disposed of by
humane means, as the court may direct.
``(C) Costs.--Costs incurred by the United States
for care of an animal seized and forfeited under this
section shall be recoverable from the owner of the
animal--
``(i) in the forfeiture proceeding, if the
owner appears in the forfeiture proceeding; or
``(ii) in a separate civil action brought
in the jurisdiction in which the owner is
found, resides, or transacts business.
``(D) Claim to property.--
``(i) In general.--The owner, custodian, or
other person claiming an interest in a seized
animal may prevent disposition of the animal by
posting, or may be ordered by any United States
district court or other court of the United
States, or by any tribal court, for any
jurisdiction in which the animal is found to
post, not later than 10 days after the animal
is seized, a bond with the court in an amount
sufficient to provide for the care of the
animal (including housing, feeding, and
veterinary treatment) for not less than 30
days.
``(ii) Renewal.--The owner, custodian, or
other person claiming an interest in a seized
animal may renew a bond, or be ordered to renew
a bond, by posting a new bond, in an amount
sufficient to provide for the care of the
animal for at least an additional 30 days, not
later than 10 days after the expiration of the
period for which a previous bond was posted.
``(iii) Disposition.--If a bond expires and
is not renewed, the animal may be disposed of
as provided in subparagraph (A).
``(7) Euthanization.--Notwithstanding paragraphs (1)
through (6), an animal may be humanely euthanized if a
veterinarian determines that the animal is suffering extreme
pain.''; and
(6) in subsection (h) (as redesignated by paragraph (1))--
(A) in subparagraphs (A) and (B) of paragraph (2),
by inserting before the semicolon the following:
``(including a movement to, from, or within land under
the jurisdiction of an Indian tribe)''; and
(B) in paragraph (3), by striking ``telephone,
radio, or television'' and inserting ``telephone, the
Internet, radio, television, or any technology''.
(b) Authorization of Appropriations.--Section 23 of the Animal
Welfare Act (7 U.S.C. 2153) is amended--
(1) by striking ``Sec. 23. The Secretary'' and inserting
the following:
``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.
``(a) Fees.--The Secretary''; and
(2) by striking the third sentence and inserting the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.''.
(c) Effective Date.--The amendments made by this section take
effect on the later of--
(1) the date of enactment of this Act; or
(2) May 13, 2003.
SEC. 1116. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC LAND
REGULATIONS AND ESTABLISHMENT OF MINIMUM FINE FOR
VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING FIRE
BAN.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) is amended--
(1) in the second sentence, by striking ``no more than
$1,000'' and inserting ``as provided in title 18, United States
Code,''; and
(2) by inserting after the second sentence the following:
``In the case of a regulation issued under this section
regarding the use of fire by individuals on the public lands,
if the violation of the regulation was the result of reckless
conduct and occurred in an area subject to a complete ban on
open fires, the fine may not be less than $500.''.
(b) National Park System Lands.--
(1) Fines.--Section 3 of the Act of August 25, 1916
(popularly known as the National Park Service Organic Act; 16
U.S.C. 3) is amended--
(A) by striking ``That the Secretary'' at the
beginning of the section and inserting ``(a)
Regulations for Use and Management of National Park
System; Enforcement.--The Secretary'';
(B) by striking ``$500'' and inserting ``$10,000'';
and
(C) by inserting after the first sentence the
following: ``In the case of a rule or regulation issued
under this subsection regarding the use of fire by
individuals on such lands, if the violation of the rule
or regulation was the result of reckless conduct and
occurred in an area subject to a complete ban on open
fires, the fine may not be less than $500.''.
(2) Conforming amendments.--Such section is further
amended--
(A) by striking ``He may also'' the first place it
appears and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(B) by striking ``He may also'' the second place it
appears and inserting ``The Secretary may''; and
(C) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''.
(c) National Forest System Lands.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended--
(1) by striking ``$500'' and inserting ``$10,000''; and
(2) by inserting after the first sentence the following:
``In the case of such a rule or regulation regarding the use of
fire by individuals on such lands, if the violation of the rule
or regulation was the result of reckless conduct and occurred
in an area subject to a complete ban on open fires, the fine
may not be less than $500.''.
Amend the title so as to read: ``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 System lands and Bureau of Land Management
lands aimed at protecting communities, watersheds, and certain
other at-risk lands from catastrophic wildfire, to enhance
efforts to protect watersheds and address threats to forest and
rangeland health, including catastrophic wildfire, across the
landscape, and for other purposes.''.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 1904
_______________________________________________________________________
AMENDMENTS