[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