[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Reported in Senate (RS)]

                                                       Calendar No. 246
108th CONGRESS
  1st Session
                                H. R. 1904

                          [Report No. 108-121]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2003

  Received; read twice and referred to the Committees on Agriculture, 
                        Nutrition, and Forestry

                July 31 (legislative day, July 21), 2003

  Reported by Mr. Cochran, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Healthy 
Forests Restoration Act of 2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Purpose.
      <DELETED>TITLE I--HAZARDOUS FUELS REDUCTION ON FEDERAL LANDS

<DELETED>Sec. 101. Definitions.
<DELETED>Sec. 102. Authorized hazardous fuels reduction projects.
<DELETED>Sec. 103. Prioritization for communities and watersheds.
<DELETED>Sec. 104. Environmental analysis.
<DELETED>Sec. 105. Special Forest Service administrative review 
                            process.
<DELETED>Sec. 106. Special requirements regarding judicial review of 
                            authorized hazardous fuels reduction 
                            projects.
<DELETED>Sec. 107. Injunctive relief for agency action to restore fire-
                            adapted forest or rangeland ecosystems.
<DELETED>Sec. 108. Rules of construction.
                       <DELETED>TITLE II--BIOMASS

<DELETED>Sec. 201. Findings.
<DELETED>Sec. 202. Definitions.
<DELETED>Sec. 203. Grants to improve the commercial value of forest 
                            biomass for electric energy, useful heat, 
                            transportation fuels, and petroleum-based 
                            product substitutes.
<DELETED>Sec. 204. Reporting requirement.
           <DELETED>TITLE III--WATERSHED FORESTRY ASSISTANCE

<DELETED>Sec. 301. Findings and purpose.
<DELETED>Sec. 302. Establishment of watershed forestry assistance 
                            program.
                 <DELETED>TITLE IV--INSECT INFESTATIONS

<DELETED>Sec. 401. Definitions, findings, and purpose.
<DELETED>Sec. 402. Accelerated information gathering regarding bark 
                            beetles, including Southern pine beetles, 
                            hemlock woolly adelgid, emerald ash borers, 
                            red oak borers, and white oak borers.
<DELETED>Sec. 403. Applied silvicultural assessments.
<DELETED>Sec. 404. Relation to other laws.
<DELETED>Sec. 405. Authorization of appropriations.
           <DELETED>TITLE V--HEALTHY FORESTS RESERVE PROGRAM

<DELETED>Sec. 501. Establishment of healthy forests reserve program.
<DELETED>Sec. 502. Eligibility and enrollment of lands in program.
<DELETED>Sec. 503. Conservation plans.
<DELETED>Sec. 504. Financial assistance.
<DELETED>Sec. 505. Technical assistance.
<DELETED>Sec. 506. Safe harbor.
<DELETED>Sec. 507. Authorization of appropriations.
              <DELETED>TITLE VI--MISCELLANEOUS PROVISIONS

<DELETED>Sec. 601. Forest stands inventory and monitoring program to 
                            improve detection of and response to 
                            environmental threats.

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is--</DELETED>
        <DELETED>    (1) to reduce the risks of damage to communities, 
        municipal water supplies, and some at-risk Federal lands from 
        catastrophic wildfires;</DELETED>
        <DELETED>    (2) to authorize grant programs to improve the 
        commercial value of forest biomass for electric energy, useful 
        heat, transportation fuels, petroleum-based product substitutes 
        and other commercial purposes;</DELETED>
        <DELETED>    (3) to enhance efforts to protect watersheds and 
        address threats to forest and rangeland health, including 
        catastrophic wildfire, across the landscape;</DELETED>
        <DELETED>    (4) to promote systematic information gathering to 
        address the impact of insect infestations on forest and 
        rangeland health;</DELETED>
        <DELETED>    (5) to improve the capacity to detect insect and 
        disease infestations at an early stage, particularly with 
        respect to hardwood forests; and</DELETED>
        <DELETED>    (6) to protect, restore, and enhance degraded 
        forest ecosystem types in order to promote the recovery of 
        threatened and endangered species as well as improve biological 
        diversity and enhance carbon sequestration.</DELETED>

 <DELETED>TITLE I--HAZARDOUS FUELS REDUCTION ON FEDERAL LANDS</DELETED>

<DELETED>SEC. 101. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Authorized hazardous fuels reduction 
        project.--The term ``authorized hazardous fuels reduction 
        project'' means a hazardous fuels reduction project described 
        in subsection (a) of section 102, subject to the remainder of 
        such section, that is planned and conducted using the process 
        authorized by section 104.</DELETED>
        <DELETED>    (2) Condition class 2.--The term ``condition class 
        2'', with respect to an area of Federal lands, refers to 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, under which--</DELETED>
                <DELETED>    (A) fire regimes on the lands have been 
                moderately altered from their historical 
                range;</DELETED>
                <DELETED>    (B) there exists a moderate risk of losing 
                key ecosystem components from fire;</DELETED>
                <DELETED>    (C) fire frequencies have departed (either 
                increased or decreased) from historical frequencies by 
                one or more return interval, which results in moderate 
                changes to fire size, frequency, intensity, severity, 
                or landscape patterns; and</DELETED>
                <DELETED>    (D) vegetation attributes have been 
                moderately altered from their historical 
                range.</DELETED>
        <DELETED>    (3) Condition class 3.--The term ``condition class 
        3'', with respect to an area of Federal lands, refers to the 
        condition class description developed by the Rocky Mountain 
        Research Station in the general technical report referred to in 
        paragraph (2), under which--</DELETED>
                <DELETED>    (A) fire regimes on the lands have been 
                significantly altered from their historical 
                range;</DELETED>
                <DELETED>    (B) there exists a high risk of losing key 
                ecosystem components from fire;</DELETED>
                <DELETED>    (C) fire frequencies have departed from 
                historical frequencies by multiple return intervals, 
                which results in dramatic changes to fire size, 
                frequency, intensity, severity, or landscape patterns; 
                and</DELETED>
                <DELETED>    (D) vegetation attributes have been 
                significantly altered from their historical 
                range.</DELETED>
        <DELETED>    (4) Day.--The term ``day'' means a calendar day, 
        except that, if a deadline imposed by this title would expire 
        on a nonbusiness day, the deadline will be extended to the end 
        of the next business day.</DELETED>
        <DELETED>    (5) Decision document.--The term ``decision 
        document'' means a decision notice or a record of decision, as 
        those terms are used in applicable regulations of the Council 
        on Environmental Quality and the Forest Service 
        Handbook.</DELETED>
        <DELETED>    (6) Federal lands.--The term ``Federal lands'' 
        means--</DELETED>
                <DELETED>    (A) National Forest System lands; 
                and</DELETED>
                <DELETED>    (B) public lands administered by the 
                Secretary of the Interior, acting through the Bureau of 
                Land Management.</DELETED>
        <DELETED>    (7) Hazardous fuels reduction project.--The term 
        ``hazardous fuels reduction project'' refers to the measures 
        and methods described in the definition of ``appropriate 
        tools'' contained in the glossary of the Implementation 
        Plan.</DELETED>
        <DELETED>    (8) Implementation plan.--The term 
        ``Implementation Plan'' means the Implementation Plan for the 
        10-year Comprehensive Strategy for a Collaborative Approach for 
        Reducing Wildland Fire Risks to Communities and the 
        Environment, dated May 2002, which was developed pursuant to 
        the conference report for the Department of the Interior and 
        Related Agencies Appropriations Act, 2001 (House Report 106-
        646).</DELETED>
        <DELETED>    (9) Interface community and intermix community.--
        The terms ``interface community'' and ``intermix community'' 
        have the meanings given those terms on page 753 of volume 66 of 
        the Federal Register, as published on January 4, 
        2001.</DELETED>
        <DELETED>    (10) Municipal water supply system.--The term 
        ``municipal water supply system'' means the reservoirs, canals, 
        ditches, flumes, laterals, pipes, pipelines, or other surface 
        facilities and systems constructed or installed for the 
        impoundment, storage, transportation, or distribution of 
        drinking water for a community.</DELETED>
        <DELETED>    (11) Secretary concerned.--The term ``Secretary 
        concerned'' means the Secretary of Agriculture with respect to 
        National Forest System lands and the Secretary of the Interior 
        with respect to public lands administered by the Bureau of Land 
        Management. Any reference in this title to the ``Secretary 
        concerned'', the ``Secretary of Agriculture'', or the 
        ``Secretary of the Interior'' includes the designee of the 
        Secretary concerned.</DELETED>
        <DELETED>    (12) Threatened and endangered species habitat.--
        The term ``threatened and endangered species habitat'' means 
        Federal lands identified in the listing decision or critical 
        habitat designation as habitat for a threatened species or an 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).</DELETED>

<DELETED>SEC. 102. AUTHORIZED HAZARDOUS FUELS REDUCTION 
              PROJECTS.</DELETED>

<DELETED>    (a) Authorized Projects.--Subject to the remainder of this 
section, the Secretary concerned may utilize the process authorized by 
section 104 to plan and conduct hazardous fuels reduction projects on 
any of the following Federal lands:</DELETED>
        <DELETED>    (1) Federal lands located in an interface 
        community or intermix community.</DELETED>
        <DELETED>    (2) Federal lands located in such proximity to an 
        interface community or intermix community that there is a 
        significant risk that the spread of a fire disturbance event 
        from those lands would threaten human life and property in the 
        interface community or intermix community.</DELETED>
        <DELETED>    (3) Condition class 3 or condition class 2 Federal 
        lands located in such proximity to a municipal water supply 
        system, or to a perennial stream feeding a municipal water 
        supply system, that a significant risk exists that a fire 
        disturbance event would have substantial adverse effects on the 
        water quality of the municipal water supply, including the risk 
        to water quality posed by erosion following such a fire 
        disturbance event.</DELETED>
        <DELETED>    (4) Condition class 3 or condition class 2 Federal 
        lands identified by the Secretary concerned as an area where 
        windthrow or blowdown, or the existence or threat of disease or 
        insect infestation, pose a significant threat to forest or 
        rangeland health or adjacent private lands.</DELETED>
        <DELETED>    (5) Federal lands not covered by paragraph (1), 
        (2), (3), or (4) that contain threatened and endangered species 
        habitat, but only if--</DELETED>
                <DELETED>    (A) natural fire regimes on such lands are 
                identified as being important for, or wildfire is 
                identified as a threat to, an endangered species, a 
                threatened species, or its habitat in a species 
                recovery plan prepared under section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533) or in a 
                decision document under such section determining a 
                species to be an endangered species or a threatened 
                species or designating critical habitat;</DELETED>
                <DELETED>    (B) the project will provide enhanced 
                protection from catastrophic wildfire for the species 
                or its habitat; and</DELETED>
                <DELETED>    (C) the Secretary complies with any 
                applicable guidelines specified in the species recovery 
                plan prepared under the Endangered Species Act of 1973 
                (16 U.S.C. 1531 et seq.).</DELETED>
<DELETED>    (b) Relation to Agency Plans.--An authorized hazardous 
fuels reduction project shall be planned and conducted in a manner 
consistent with the land and resource management plan or land use plan 
applicable to the Federal lands covered by the project.</DELETED>
<DELETED>    (c) Acreage Limitation.--Not more than a total of 
20,000,000 acres of Federal lands may be included in authorized 
hazardous fuels reduction projects.</DELETED>
<DELETED>    (d) Exclusion of Certain Federal Lands.--The Secretary 
concerned may not plan or conduct an authorized hazardous fuels 
reduction project that would occur on any of the following Federal 
lands:</DELETED>
        <DELETED>    (1) A component of the National Wilderness 
        Preservation System.</DELETED>
        <DELETED>    (2) Federal lands where, by Act of Congress or 
        Presidential proclamation, the removal of vegetation is 
        prohibited or restricted.</DELETED>
        <DELETED>    (3) Wilderness Study Areas.</DELETED>

<DELETED>SEC. 103. PRIORITIZATION FOR COMMUNITIES AND 
              WATERSHEDS.</DELETED>

<DELETED>    As provided for in the Implementation Plan, the Secretary 
concerned shall give priority to authorized hazardous fuel reduction 
projects that provide for the protection of communities and 
watersheds.</DELETED>

<DELETED>SEC. 104. ENVIRONMENTAL ANALYSIS.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in this 
title, the Secretary concerned shall plan and conduct authorized 
hazardous fuels reduction projects in accordance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and any other 
applicable laws. The Secretary concerned shall prepare an environmental 
assessment or an environmental impact statement for each authorized 
hazardous fuels reduction project.</DELETED>
<DELETED>    (b) Discretionary Authority To Eliminate Alternatives.--In 
the case of an authorized hazardous fuels reduction project, the 
Secretary concerned is not required to study, develop, or describe any 
alternative to the proposed agency action in the environmental 
assessment or environmental impact statement prepared for the proposed 
agency action pursuant to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)).</DELETED>
<DELETED>    (c) Public Notice and Meeting.--</DELETED>
        <DELETED>    (1) Public notice.--The Secretary concerned shall 
        provide notice of each authorized hazardous fuels reduction 
        project in accordance with applicable regulations and 
        administrative guidelines.</DELETED>
        <DELETED>    (2) Public meeting.--During the planning stage of 
        each authorized hazardous fuels reduction project, the 
        Secretary concerned shall conduct a public meeting at an 
        appropriate location proximate to the administrative unit of 
        the Federal lands in which the authorized hazardous fuels 
        reduction project will be conducted. The Secretary concerned 
        shall provide advance notice of the date and time of the 
        meeting.</DELETED>
<DELETED>    (d) Public Collaboration.--In order to encourage 
meaningful public participation in the identification and development 
of authorized hazardous fuels reduction projects, the Secretary 
concerned shall facilitate collaboration among governments and 
interested persons during the formulation of each authorized fuels 
reduction project in a manner consistent with the Implementation 
Plan.</DELETED>
<DELETED>    (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 in effect on the date of the enactment of 
this Act, the Secretary concerned shall provide an opportunity for 
public input during the preparation of any environmental assessment or 
environmental impact statement for proposed agency action for an 
authorized hazardous fuels reduction project.</DELETED>
<DELETED>    (f) Decision Document.--The Secretary concerned shall sign 
a decision document for each authorized hazardous fuels reduction 
project and provide notice of the decision document.</DELETED>
<DELETED>    (g) Project Monitoring.--As provided for in the 
Implementation Plan, the Secretary concerned shall monitor the 
implementation of authorized hazardous fuels reduction 
projects.</DELETED>

<DELETED>SEC. 105. SPECIAL FOREST SERVICE ADMINISTRATIVE REVIEW 
              PROCESS.</DELETED>

<DELETED>    (a) Development of Administrative Process.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
Agriculture shall issue final regulations to establish an 
administrative process that will serve as the sole means by which a 
person described in subsection (b) can seek administrative redress 
regarding an authorized hazardous fuels reduction project.</DELETED>
<DELETED>    (b) Eligible Persons.--To be eligible to participate in 
the administrative process developed pursuant to subsection (a) 
regarding an authorized hazardous fuels reduction project, a person 
must have submitted specific and substantive written comments during 
the preparation stage of that authorized hazardous fuels reduction 
project. The Secretary of Agriculture shall ensure that, during the 
preparation stage of each authorized hazardous fuels reduction project, 
notice and comment is provided in a manner sufficient to permit 
interested persons a reasonable opportunity to satisfy the requirements 
of this subsection.</DELETED>
<DELETED>    (c) Relation to Appeals Reform Act.--Section 322 of the 
Department of the Interior and Related Agencies Appropriations Act, 
1993 (Public Law 102-381; 16 U.S.C. 1612 note), does not apply to an 
authorized hazardous fuels reduction project.</DELETED>

<DELETED>SEC. 106. SPECIAL REQUIREMENTS REGARDING JUDICIAL REVIEW OF 
              AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.</DELETED>

<DELETED>    (a) Filing Deadline.--</DELETED>
        <DELETED>    (1) Time limit established for filing.--
        Notwithstanding any other provision of law, to be timely, an 
        action in a court of the United States challenging an 
        authorized hazardous fuels reduction project shall be filed in 
        the court before the end of the 15-day period beginning on the 
        date on which the Secretary concerned publishes, in the local 
        paper of record, notice of the final agency action regarding 
        the authorized hazardous fuels reduction project. This time 
        limitation supersedes any notice of intent to file suit 
        requirement or filing deadline otherwise applicable to a 
        challenge under any provision of law.</DELETED>
        <DELETED>    (2) Waiver prohibited.--The Secretary concerned 
        may not agree to, and a district court may not grant, a waiver 
        of the requirements of this subsection.</DELETED>
<DELETED>    (b) Duration of Preliminary Injunction.--</DELETED>
        <DELETED>    (1) Duration; extension.--Any preliminary 
        injunction granted regarding an authorized hazardous fuels 
        reduction project shall be limited to 45 days. A court may 
        renew the preliminary injunction, taking into consideration the 
        goal expressed in subsection (c) for the expeditious resolution 
        of cases regarding authorized hazardous fuels reduction 
        projects.</DELETED>
        <DELETED>    (2) Submission of information.--As part of a 
        request to renew a preliminary injunction granted regarding an 
        authorized hazardous fuels reduction project, the parties shall 
        present the court with an update on any changes that may have 
        occurred during the period of the injunction to the forest or 
        rangeland conditions that the authorized hazardous fuels 
        reduction project is intended to address.</DELETED>
        <DELETED>    (3) Congressional notification.--In the event of 
        the renewal of a preliminary injunction regarding an authorized 
        hazardous fuels reduction project, the Secretary concerned 
        shall submit notice of the renewal 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.</DELETED>
<DELETED>    (c) Expeditious Completion of Judicial Review.--Congress 
intends and encourages any court in which is filed a lawsuit or appeal 
of a lawsuit concerning an authorized hazardous fuels reduction project 
to expedite, to the maximum extent practicable, the proceedings in such 
lawsuit or appeal with the goal of rendering a final determination on 
jurisdiction, and if jurisdiction exists, a final determination on the 
merits, within 100 days from the date the complaint or appeal is 
filed.</DELETED>

<DELETED>SEC. 107. INJUNCTIVE RELIEF FOR AGENCY ACTION TO RESTORE FIRE-
              ADAPTED FOREST OR RANGELAND ECOSYSTEMS.</DELETED>

<DELETED>    (a) Covered Projects.--This section applies with respect 
to a motion for an injunction in an action brought against the 
Secretary concerned under section 703 of title 5, United States Code, 
that involves an agency action on Federal lands, including an 
authorized hazardous fuels reduction project, that is necessary to 
restore a fire-adapted forest or rangeland system.</DELETED>
<DELETED>    (b) Injunctive Relief.--When considering a motion 
described in subsection (a), in determining whether there would be harm 
to the defendant from the injunction and whether the injunction would 
be in the public interest, the court reviewing the agency action 
shall--</DELETED>
        <DELETED>    (1) balance the impact to the ecosystem of the 
        short-term and long-term effects of undertaking the agency 
        action against the short-term and long-term effects of not 
        undertaking the agency action; and</DELETED>
        <DELETED>    (2) give weight to a finding by the Secretary 
        concerned in the administrative record of the agency action 
        concerning the short-term and long-term effects of undertaking 
        the agency action and of not undertaking the agency action, 
        unless the court finds that the finding was arbitrary and 
        capricious.</DELETED>

<DELETED>SEC. 108. RULES OF CONSTRUCTION.</DELETED>

<DELETED>    (a) Relation to Other Authority.--Nothing in this title 
shall be construed to affect, or otherwise bias, the use by the 
Secretary concerned of other statutory or administrative authorities to 
plan or conduct a hazardous fuels reduction project on Federal lands, 
including Federal lands identified in section 102(e), that is not 
planned or conducted using the process authorized by section 
104.</DELETED>
<DELETED>    (b) Relation to Legal Action.--Nothing in this title shall 
be construed to prejudice or otherwise affect the consideration or 
disposition of any legal action concerning the Roadless Area 
Conservation Rule, part 294 of title 36, Code of Federal Regulations, 
as amended in the final rule and record of decision published in the 
Federal Register on January 12, 2001 (66 Fed. Reg. 3244).</DELETED>

                  <DELETED>TITLE II--BIOMASS</DELETED>

<DELETED>SEC. 201. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Thousands of communities in the United States, 
        many located near Federal lands, are at risk to wildfire. 
        Approximately 190,000,000 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. The 
        accumulation of heavy forest and rangeland fuel loads continues 
        to increase as a result of disease, insect infestations, and 
        drought, further raising the risk of fire each year.</DELETED>
        <DELETED>    (2) In addition, more than 70,000,000 acres across 
        all land ownerships are at risk to higher than normal mortality 
        over the next 15 years from insect infestation and disease. 
        High levels of tree mortality from insects and disease result 
        in increased fire risk, loss of old growth, degraded watershed 
        conditions, and changes in species diversity and productivity, 
        as well as diminished fish and wildlife habitat and decreased 
        timber values.</DELETED>
        <DELETED>    (3) Preventive treatments such as removing fuel 
        loading, ladder fuels, and hazard trees, planting proper 
        species mix and restoring and protecting early successional 
        habitat, and 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 by 
        creating a mosaic of species-mix and age distribution. Such 
        prevention treatments are widely acknowledged to be more 
        successful and cost effective than suppression treatments in 
        the case of insects, disease, and fire.</DELETED>
        <DELETED>    (4) The by-products of preventive treatment (wood, 
        brush, thinnings, chips, slash, and other hazardous fuels) 
        removed from forest and rangelands represent an abundant supply 
        of biomass for biomass-to-energy facilities and raw material 
        for business. 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.</DELETED>
        <DELETED>    (5) The United States should--</DELETED>
                <DELETED>    (A) promote economic and entrepreneurial 
                opportunities in using by-products removed through 
                preventive treatment activities related to hazardous 
                fuels reduction, disease, and insect infestation; 
                and</DELETED>
                <DELETED>    (B) develop and expand markets for 
                traditionally underused wood and biomass as an outlet 
                for by-products of preventive treatment 
                activities.</DELETED>

<DELETED>SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Biomass.--The term ``biomass'' means trees and 
        woody plants, including limbs, tops, needles, and other woody 
        parts, and by-products of preventive treatment, such as wood, 
        brush, thinnings, chips, and slash, that are removed--
        </DELETED>
                <DELETED>    (A) to reduce hazardous fuels; 
                or</DELETED>
                <DELETED>    (B) to reduce the risk of or to contain 
                disease or insect infestation.</DELETED>
        <DELETED>    (2) Indian tribe.--The term ``Indian tribe'' has 
        the meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b(e)).</DELETED>
        <DELETED>    (3) Person.--The term ``person'' includes--
        </DELETED>
                <DELETED>    (A) an individual;</DELETED>
                <DELETED>    (B) a community (as determined by the 
                Secretary concerned);</DELETED>
                <DELETED>    (C) an Indian tribe;</DELETED>
                <DELETED>    (D) a small business, micro-business, or a 
                corporation that is incorporated in the United States; 
                and</DELETED>
                <DELETED>    (E) a nonprofit organization.</DELETED>
        <DELETED>    (4) Preferred community.--The term ``preferred 
        community'' means--</DELETED>
                <DELETED>    (A) any town, township, municipality, or 
                other similar unit of local government (as determined 
                by the Secretary concerned) that--</DELETED>
                        <DELETED>    (i) has a population of not more 
                        than 50,000 individuals; and</DELETED>
                        <DELETED>    (ii) the Secretary concerned, in 
                        the sole discretion of the Secretary concerned, 
                        determines contains or is located near land, 
                        the condition of which is at significant risk 
                        of catastrophic wildfire, disease, or insect 
                        infestation or which suffers from disease or 
                        insect infestation; or</DELETED>
                <DELETED>    (B) any county that--</DELETED>
                        <DELETED>    (i) is not contained within a 
                        metropolitan statistical area; and</DELETED>
                        <DELETED>    (ii) the Secretary concerned, in 
                        the sole discretion of the Secretary concerned, 
                        determines contains or is located near land, 
                        the condition of which is at significant risk 
                        of catastrophic wildfire, disease, or insect 
                        infestation or which suffers from disease or 
                        insect infestation.</DELETED>
        <DELETED>    (5) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary of Agriculture with 
                respect to National Forest System lands; and</DELETED>
                <DELETED>    (B) the Secretary of the Interior with 
                respect to Federal lands under the jurisdiction of the 
                Secretary of the Interior and Indian lands.</DELETED>

<DELETED>SEC. 203. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST 
              BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION 
              FUELS, AND PETROLEUM-BASED PRODUCT SUBSTITUTES.</DELETED>

<DELETED>    (a) Biomass Commercial Use Grant Program.--</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned 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, or substitutes for petroleum-based 
        products to offset the costs incurred to purchase biomass for 
        use by such facility.</DELETED>
        <DELETED>    (2) Grant amounts.--A grant under this subsection 
        may not exceed $20 per green ton of biomass 
        delivered.</DELETED>
        <DELETED>    (3) Monitoring of grant recipient activities.--As 
        a condition of a grant under this subsection, the grant 
        recipient shall keep such records as the Secretary concerned 
        may require to fully and correctly disclose the use of the 
        grant funds and all transactions involved in the purchase of 
        biomass. Upon notice by a representative of the Secretary 
        concerned, the grant recipient shall afford the representative 
        reasonable access to the facility that purchases or uses 
        biomass and an opportunity to examine the inventory and records 
        of the facility.</DELETED>
<DELETED>    (b) Value Added Grant Program.--</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned may make 
        grants to persons to offset the cost of projects to add value 
        to biomass. In making such grants, the Secretary concerned 
        shall give preference to persons in preferred 
        communities.</DELETED>
        <DELETED>    (2) Selection.--The Secretary concerned shall 
        select a grant recipient under paragraph (1) after giving 
        consideration to the anticipated public benefits of the 
        project, opportunities for the creation or expansion of small 
        businesses and micro-businesses, and the potential for new job 
        creation.</DELETED>
        <DELETED>    (3) Grant amount.--A grant under this subsection 
        may not exceed $100,000.</DELETED>
<DELETED>    (c) Relation to Other Endangered Species and Riparian 
Protections.--The Secretary concerned shall comply with applicable 
endangered species and riparian protections in making grants under this 
section. Projects funded using grant proceeds shall be required to 
comply with such protections.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated $25,000,000 for each of the fiscal years 2004 
through 2008 to carry out this section.</DELETED>

<DELETED>SEC. 204. REPORTING REQUIREMENT.</DELETED>

<DELETED>    (a) Report Required.--Not later than October 1, 2010, 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.</DELETED>
<DELETED>    (b) Contents of Report.--The report shall include the 
following:</DELETED>
        <DELETED>    (1) An identification of the size, type, and the 
        use of biomass by persons that receive grants under section 
        203.</DELETED>
        <DELETED>    (2) The distance between the land from which the 
        biomass was removed and the facility that used the 
        biomass.</DELETED>
        <DELETED>    (3) The economic impacts, particularly new job 
        creation, resulting from the grants to and operation of the 
        eligible operations.</DELETED>

      <DELETED>TITLE III--WATERSHED FORESTRY ASSISTANCE</DELETED>

<DELETED>SEC. 301. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) It is commonly recognized that the proper 
        stewardship of forest lands is essential to sustaining and 
        restoring the health of watersheds.</DELETED>
        <DELETED>    (3) Forests can provide essential ecological 
        services in filtering pollutants, buffering important rivers 
        and estuaries, and minimizing flooding, which makes its 
        restoration worthy of special focus.</DELETED>
        <DELETED>    (4) Strengthened education, technical assistance, 
        and financial assistance to nonindustrial private forest 
        landowners and communities, relating to the protection of 
        watershed health, is needed to realize the expectations of the 
        general public.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this title is to--</DELETED>
        <DELETED>    (1) improve landowner and public understanding of 
        the connection between forest management and watershed 
        health;</DELETED>
        <DELETED>    (2) encourage landowners to maintain tree cover on 
        their property and to utilize tree plantings and vegetative 
        treatments as creative solutions to watershed problems 
        associated with varying land uses;</DELETED>
        <DELETED>    (3) enhance and complement forest management and 
        buffer utilization for watersheds, with an emphasis on urban 
        watersheds;</DELETED>
        <DELETED>    (4) establish new partnerships and collaborative 
        watershed approaches to forest management, stewardship, and 
        conservation;</DELETED>
        <DELETED>    (5) provide technical and financial assistance to 
        States to deliver a coordinated program that enhances State 
        forestry best-management practices programs, as well as 
        conserves and improves forested lands and potentially forested 
        lands through technical, financial, and educational assistance 
        to qualifying individuals and entities; and</DELETED>
        <DELETED>    (6) maximize the proper management and 
        conservation of wetland forests and to assist in their 
        restoration as necessary.</DELETED>

<DELETED>SEC. 302. ESTABLISHMENT OF WATERSHED FORESTRY ASSISTANCE 
              PROGRAM.</DELETED>

<DELETED>    The Cooperative Forestry Assistance Act of 1978 is amended 
by inserting after section 5 the following new section:</DELETED>

<DELETED>``SEC. 6. WATERSHED FORESTRY ASSISTANCE.</DELETED>

<DELETED>    ``(a) General Authority and Purpose.--The Secretary, 
acting through the Forest Service, may provide technical, financial, 
and related assistance to State foresters and equivalent State 
officials 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 lands and potentially forested 
lands.</DELETED>
<DELETED>    ``(b) Technical Assistance To Protect Water Quality.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in cooperation 
        with State foresters 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, as 
        described in paragraph (2).</DELETED>
        <DELETED>    ``(2) Purpose of program.--The program under this 
        subsection shall be designed--</DELETED>
                <DELETED>    ``(A) to build and strengthen watershed 
                partnerships that focus on forested landscapes at the 
                local, State, and regional levels;</DELETED>
                <DELETED>    ``(B) to provide State forestry best-
                management practices and water quality technical 
                assistance directly to nonindustrial private forest 
                landowners;</DELETED>
                <DELETED>    ``(C) to provide technical guidance to 
                land managers and policy makers for water quality 
                protection through forest management;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) to provide enhanced forest resource 
                data and support for improved implementation and 
                monitoring of State forestry best-management 
                practices.</DELETED>
        <DELETED>    ``(3) Implementation.--The program of technical 
        assistance shall be implemented by State foresters or 
        equivalent State officials.</DELETED>
<DELETED>    ``(c) Watershed Forestry Cost-Share Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        watershed forestry cost-share program to be administered by the 
        Forest Service and implemented by State foresters or equivalent 
        State officials. Funds or other support provided under such 
        program shall be made available for State forestry best-
        management practices programs and watershed forestry 
        projects.</DELETED>
        <DELETED>    ``(2) Watershed forestry projects.--The State 
        forester or equivalent State official of a State, in 
        coordination with the State Forest Stewardship Coordinating 
        Committee established under section 19(b) for that State, shall 
        annually make awards to communities, nonprofit groups, and 
        nonindustrial private forest landowners under the program for 
        watershed forestry projects described in paragraph 
        (3).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the use of trees as solutions to 
                water quality problems in urban and rural 
                areas;</DELETED>
                <DELETED>    ``(B) community-based planning, 
                involvement, and action through State, local and 
                nonprofit partnerships;</DELETED>
                <DELETED>    ``(C) application of and dissemination of 
                monitoring information on forestry best-management 
                practices relating to watershed forestry;</DELETED>
                <DELETED>    ``(D) watershed-scale forest management 
                activities and conservation planning; and</DELETED>
                <DELETED>    ``(E) the restoration of wetland (as 
                defined by the States) and stream-side forests and the 
                establishment of riparian vegetative buffers.</DELETED>
        <DELETED>    ``(4) Cost-sharing.--Funds provided under this 
        subsection for a watershed forestry project may not exceed 75 
        percent of the cost of the project. Other Federal funding 
        sources may be used to cover a portion of the remaining project 
        costs, but the total Federal share of the costs may not exceed 
        90 percent. The non-Federal share of the costs of a project may 
        be in the form of cash, services, or other in-kind 
        contributions.</DELETED>
        <DELETED>    ``(5) Prioritization.--The State Forest 
        Stewardship Coordinating Committee for a State shall prioritize 
        watersheds in that State to target watershed forestry projects 
        funded under this subsection.</DELETED>
        <DELETED>    ``(6) Watershed forester.--Financial and technical 
        assistance shall be made available to the State Forester or 
        equivalent State official to create a State best-management 
        practice forester to lead statewide programs and coordinate 
        small watershed-level projects.</DELETED>
<DELETED>    ``(d) Distribution.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall devote at 
        least 75 percent of the funds appropriated for a fiscal year 
        pursuant to the authorization of appropriations in subsection 
        (e) to the cost-share program under subsection (c) and the 
        remainder to the task of delivering technical assistance, 
        education, and planning on the ground through the State 
        Forester or equivalent State official.</DELETED>
        <DELETED>    ``(2) Special considerations.--Distribution of 
        these funds by the Secretary among the States shall be made 
        only after giving appropriate consideration to--</DELETED>
                <DELETED>    ``(A) the acres of nonindustrial private 
                forestland and highly erodible land in each 
                State;</DELETED>
                <DELETED>    ``(B) each State's efforts to conserve 
                forests;</DELETED>
                <DELETED>    ``(C) the acres of forests in each State 
                that have been lost or degraded or where forests can 
                play a role in restoring watersheds; and</DELETED>
                <DELETED>    ``(D) the number of nonindustrial private 
                forest landowners in each State.</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $15,000,000 for 
each of the fiscal years 2004 through 2008.''.</DELETED>

            <DELETED>TITLE IV--INSECT INFESTATIONS</DELETED>

<DELETED>SEC. 401. DEFINITIONS, FINDINGS, AND PURPOSE.</DELETED>

<DELETED>    (a) Definitions.--In this title:</DELETED>
        <DELETED>    (1) Applied silvicultural assessment.--The term 
        ``applied silvicultural assessment'' means any vegetative or 
        other treatment, for the purposes described in section 402, 
        including timber harvest, thinning, prescribed burning, and 
        pruning, as single treatment or any combination of these 
        treatments.</DELETED>
        <DELETED>    (2) Federal lands.--The term ``Federal lands'' 
        means--</DELETED>
                <DELETED>    (A) National Forest System lands; 
                and</DELETED>
                <DELETED>    (B) public lands administered by the 
                Secretary of the Interior, acting through the Bureau of 
                Land Management.</DELETED>
        <DELETED>    (3) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary of Agriculture, acting 
                through the Forest Service, with respect to National 
                Forest System lands; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) 1890 institutions.--The term ``1890 
        Institution'' means a college or university eligible to receive 
        funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), 
        including Tuskegee University.</DELETED>
<DELETED>    (b) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) High levels of tree mortality due to insect 
        infestation result in--</DELETED>
                <DELETED>    (A) increased fire risk;</DELETED>
                <DELETED>    (B) loss of old growth;</DELETED>
                <DELETED>    (C) loss of threatened and endangered 
                species;</DELETED>
                <DELETED>    (D) loss of species diversity;</DELETED>
                <DELETED>    (E) degraded watershed 
                conditions;</DELETED>
                <DELETED>    (F) increased potential for damage from 
                other agents of disturbance, including exotic, invasive 
                species; and</DELETED>
                <DELETED>    (G) decreased timber values.</DELETED>
        <DELETED>    (2) Bark beetles destroy hundreds of thousands of 
        acres of trees each year. In the West, over 21,000,000 acres 
        are at high risk of bark beetle infestation and in the South 
        over 57,000,000 acres are at risk across all land ownerships. 
        Severe drought conditions in many areas of the South and West 
        will increase risk of bark beetle infestations.</DELETED>
        <DELETED>    (3) The hemlock woolly adelgid is destroying 
        streamside forests throughout the mid-Atlantic and Appalachian 
        region, threatening water quality and sensitive aquatic 
        species, and posing a potential threat to valuable commercial 
        timber lands in Northern New England.</DELETED>
        <DELETED>    (4) The emerald ash borer is a nonnative, invasive 
        pest that has quickly become a major threat to hardwood forests 
        as a emerald ash borer infestation is almost always fatal to 
        the affected trees. This pest threatens to destroy over 
        692,000,000 ash trees in forests in Michigan and Ohio alone, 
        and between five and ten percent of urban street trees in the 
        Upper Midwest.</DELETED>
        <DELETED>    (5) Epidemic populations of Southern pine beetle 
        are ravaging forests in Alabama, Arkansas, Florida, Georgia, 
        Kentucky, Mississippi, North Carolina, South Carolina, 
        Tennessee, and Virginia. In 2001, Florida and Kentucky 
        experienced 146 percent and 111 percent increases, 
        respectively, in beetle populations.</DELETED>
        <DELETED>    (6) These epidemic outbreaks of Southern pine 
        beetle have forced private landowners to harvest dead and dying 
        trees, in both rural areas and increasingly urbanized 
        settings.</DELETED>
        <DELETED>    (7) According to the Forest Service, recent 
        outbreaks of the red oak borer in Arkansas have been 
        unprecedented, with almost 800,000 acres infested at population 
        levels never seen before.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) Previous silvicultural assessments, while 
        useful and informative, have been limited in scale and scope of 
        application, and there has not been sufficient resources 
        available to adequately test a full array of individual and 
        combined applied silvicultural assessments.</DELETED>
        <DELETED>    (10) Only through the rigorous 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.</DELETED>
        <DELETED>    (11) Funding and implementation of an initiative 
        to combat forest pest infestations should not come at the 
        expense of supporting other programs and initiatives of the 
        Secretary concerned.</DELETED>
<DELETED>    (c) Purpose.--It is the purpose of this title--</DELETED>
        <DELETED>    (1) to require the Secretary concerned to develop 
        an accelerated basic and applied assessment program to combat 
        infestations by bark beetles, including Southern pine beetles, 
        hemlock woolly adelgids, emerald ash borers, red oak borers, 
        and white oak borers;</DELETED>
        <DELETED>    (2) to enlist the assistance of universities and 
        forestry schools, including Land Grant Colleges and 
        Universities and 1890 Institutions, to carry out the program; 
        and</DELETED>
        <DELETED>    (3) to carry out applied silvicultural 
        assessments.</DELETED>

<DELETED>SEC. 402. ACCELERATED INFORMATION GATHERING REGARDING BARK 
              BEETLES, INCLUDING SOUTHERN PINE BEETLES, HEMLOCK WOOLLY 
              ADELGIDS, EMERALD ASH BORERS, RED OAK BORERS, AND WHITE 
              OAK BORERS.</DELETED>

<DELETED>    (a) Information Gathering.--The Secretary concerned shall 
establish, acting through the Forest Service and United States 
Geological Survey, as appropriate, an accelerated program--</DELETED>
        <DELETED>    (1) to plan, conduct, and promote comprehensive 
        and systematic information gathering on bark beetles, including 
        Southern pine beetles, hemlock woolly adelgids, emerald ash 
        borers, red oak borers, and white oak borers, including an 
        evaluation of--</DELETED>
                <DELETED>    (A) infestation prevention and control 
                methods;</DELETED>
                <DELETED>    (B) effects of infestations on forest 
                ecosystems;</DELETED>
                <DELETED>    (C) restoration of the forest ecosystem 
                efforts;</DELETED>
                <DELETED>    (D) utilization options regarding infested 
                trees; and</DELETED>
                <DELETED>    (E) models to predict the occurrence, 
                distribution, and impact of outbreaks of bark beetles, 
                including Southern pine beetles, hemlock woolly 
                adelgids, emerald ash borers, red oak borers, and white 
                oak borers;</DELETED>
        <DELETED>    (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 bark beetles, including Southern pine beetles, hemlock 
        woolly adelgids, emerald ash borers, red oak borers, and white 
        oak borers on Federal lands and State and private lands; 
        and</DELETED>
        <DELETED>    (3) to disseminate the results of such information 
        gathering, treatments, and strategies.</DELETED>
<DELETED>    (b) Cooperation and Assistance.--The Secretary concerned 
shall establish and carry out the program in cooperation with 
scientists from universities and forestry schools, State agencies, and 
private and industrial land owners. The Secretary concerned shall 
designate universities and forestry schools, including Land Grant 
Colleges and Universities and 1890 Institutions, to assist in carrying 
out the program.</DELETED>

<DELETED>SEC. 403. APPLIED SILVICULTURAL ASSESSMENTS.</DELETED>

<DELETED>    (a) Assessment Efforts.--For information gathering 
purposes, the Secretary concerned may conduct applied silvicultural 
assessments on Federal lands that the Secretary concerned determines, 
in the discretion of the Secretary concerned, is at risk of infestation 
by, or is infested with, bark beetles, including Southern pine beetles, 
hemlock woolly adelgids, emerald ash borers, red oak borers, and white 
oak borers. Any applied silvicultural assessments carried out under 
this section shall be conducted on not more than 1,000 acres per 
assessment.</DELETED>
<DELETED>    (b) Limitations.--</DELETED>
        <DELETED>    (1) Exclusion of certain areas.--Subsection (a) 
        does not apply to--</DELETED>
                <DELETED>    (A) a component of the National Wilderness 
                Preservation System;</DELETED>
                <DELETED>    (B) Federal lands where, by Act of 
                Congress or Presidential proclamation, the removal of 
                vegetation is restricted or prohibited; or</DELETED>
                <DELETED>    (C) congressionally designated wilderness 
                study areas.</DELETED>
        <DELETED>    (2) Certain treatment prohibited.--Subsection (a) 
        does not authorize the application of insecticides in municipal 
        watersheds and associated riparian areas.</DELETED>
        <DELETED>    (3) Acreage limitation.--Applied silvicultural 
        assessments may be implemented on not more than 250,000 acres 
        using the authorities provided by this title.</DELETED>
        <DELETED>    (4) Peer review.--Each applied silvicultural 
        assessment under this title, prior to being carried out, shall 
        be peer reviewed by scientific experts selected by the 
        Secretary concerned, which shall include non-Federal experts. 
        The Secretary concerned may use existing peer review processes 
        to the extent they comply with the preceding 
        sentence.</DELETED>
<DELETED>    (c) Public Notice and Comment.--</DELETED>
        <DELETED>    (1) Public notice.--The Secretary concerned shall 
        provide notice of each applied silvicultural assessment 
        proposed to be carried out under this section in accordance 
        with applicable regulations and administrative 
        guidelines.</DELETED>
        <DELETED>    (2) Public comment.--During the planning stage of 
        each applied silvicultural assessment proposed to be carried 
        out under this section, the Secretary concerned shall provide 
        an opportunity for public input.</DELETED>
<DELETED>    (d) Categorical Exclusion.--Applied silvicultural 
assessments carried out under this section are deemed to be 
categorically excluded from further analysis under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
Secretary concerned need not make any findings as to whether the 
project, either individually or cumulatively, has a significant effect 
on the environment.</DELETED>

<DELETED>SEC. 404. RELATION TO OTHER LAWS.</DELETED>

<DELETED>    The authorities provided to the Secretary concerned by 
this title are supplemental to their respective authorities provided in 
any other law.</DELETED>

<DELETED>SEC. 405. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated for fiscal years 
2004 through 2008 such sums as may be necessary to carry out this 
title.</DELETED>

      <DELETED>TITLE V--HEALTHY FORESTS RESERVE PROGRAM</DELETED>

<DELETED>SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE 
              PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary of Agriculture shall 
establish the healthy forests reserve program as a program within the 
Forest Service for the purpose of protecting, restoring, and enhancing 
degraded forest ecosystems to promote the recovery of threatened and 
endangered species as well as improve biodiversity and enhance carbon 
sequestration.</DELETED>
<DELETED>    (b) Cooperation.--The Secretary of Agriculture shall carry 
out the healthy forests reserve program in cooperation with the 
Secretary of the Interior, acting through the United States Fish and 
Wildlife Service.</DELETED>

<DELETED>SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN 
              PROGRAM.</DELETED>

<DELETED>    (a) Eligible Lands.--The Secretary of Agriculture, in 
consultation with the Secretary of the Interior, shall designate rare 
forest ecosystems to be eligible for the healthy forests reserve 
program. The following lands are eligible for enrollment in the healthy 
forests reserve program:</DELETED>
        <DELETED>    (1) Private lands whose enrollment will protect, 
        restore, enhance, or otherwise measurably increase the 
        likelihood of recovery of an endangered species or threatened 
        species in the wild.</DELETED>
        <DELETED>    (2) Private lands whose enrollment will protect, 
        restore, enhance, or otherwise measurably increase the 
        likelihood of the recovery of an animal or plant species before 
        the species reaches threatened or endangered status, such as 
        candidate, State-listed species, rare, peripheral, and special 
        concern species.</DELETED>
<DELETED>    (b) Other Considerations.--In enrolling lands that satisfy 
the criteria in paragraph (1) or (2) of subsection (a), the Secretary 
of Agriculture shall give additional consideration to those lands whose 
enrollment will also improve biological diversity and increase carbon 
sequestration.</DELETED>
<DELETED>    (c) Enrollment by Willing Owners.--The Secretary of 
Agriculture shall enroll lands in the healthy forests reserve program 
only with the consent of the owner of the lands.</DELETED>
<DELETED>    (d) Maximum Enrollment.--The total number of acres 
enrolled in the healthy forests reserve program shall not exceed 
1,000,000 acres.</DELETED>
<DELETED>    (e) Methods of Enrollment.--Lands may be enrolled in the 
healthy forests reserve program pursuant to a 10-year cost-share 
agreement, a 30-year easement, or a permanent easement with buyback 
option. 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.</DELETED>
<DELETED>    (f) Enrollment Priority.--The Secretary of Agriculture 
shall give priority to the enrollment of lands that, in the sole 
discretion of the Secretary, will provide the best opportunity to 
resolve conflicts between the presence of an animal or plant species 
referred to in paragraph (1) or (2) of subsection (a) and otherwise 
lawful land use activities.</DELETED>

<DELETED>SEC. 503. CONSERVATION PLANS.</DELETED>

<DELETED>    (a) Plan Required.--Lands enrolled in the healthy forests 
reserve program shall be subject to a conservation plan, to be 
developed jointly by the land owner and the United States Fish and 
Wildlife Service. The conservation plan shall include a description of 
the land-use activities that are permissible on the enrolled 
lands.</DELETED>
<DELETED>    (b) Involvement by Other Agencies and Organizations.--A 
State fish and wildlife agency, State forestry agency, State 
environmental quality agency, and other State conservation agencies and 
nonprofit conservation organizations may assist in providing technical 
or financial assistance, or both, for the development and 
implementation of conservation plans.</DELETED>
<DELETED>    (c) Cost Effectiveness.--The conservation plan shall 
maximize the environmental benefits per dollar expended.</DELETED>

<DELETED>SEC. 504. FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    (a) Permanent Easement With Buyback Option.--</DELETED>
        <DELETED>    (1) Payment amount.--In the case of land enrolled 
        in the healthy forests reserve program using a permanent 
        easement with a buyback option, the Secretary of Agriculture 
        shall pay the owner of the land an amount equal to--</DELETED>
                <DELETED>    (A) the fair market value of the enrolled 
                land less the fair market value of the land encumbered 
                by the easement; plus</DELETED>
                <DELETED>    (B) the actual costs of the approved 
                conservation practices or the average cost of approved 
                practices, as established by the Secretary.</DELETED>
        <DELETED>    (2) Buyback option.--Beginning on the 50th 
        anniversary of the enrollment of the land, and every 10th-year 
        thereafter, the owner shall be able to purchase the easement 
        back from the United States at a rate equal to the fair market 
        value of the easement plus the costs, adjusted for inflation, 
        of the approved conservation practices.</DELETED>
<DELETED>    (b) 30-Year Easement.--In the case of land enrolled in the 
healthy forests reserve program using a 30-year easement, the Secretary 
of Agriculture shall pay the owner of the land an amount equal to--
</DELETED>
        <DELETED>    (1) 75 percent of the fair market value of the 
        land less the fair market value of the land encumbered by the 
        easement; plus</DELETED>
        <DELETED>    (2) 75 percent of the actual costs of the approved 
        conservation practices or 75 percent of the average cost of 
        approved practices, as established by the Secretary.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) 75 percent of the actual costs of the approved 
        conservation practices; or</DELETED>
        <DELETED>    (2) 75 percent of the average cost of approved 
        practices, as established by the Secretary.</DELETED>
<DELETED>    (d) Acceptance of Contributions.--The Secretary of 
Agriculture may accept and use contributions of non-Federal funds to 
make payments under this section.</DELETED>

<DELETED>SEC. 505. TECHNICAL ASSISTANCE.</DELETED>

<DELETED>    The Forest Service and the United States Fish and Wildlife 
Service shall provide landowners with technical assistance to comply 
with the terms of agreements and easements under the healthy forests 
reserve program and conservation plans.</DELETED>

<DELETED>SEC. 506. SAFE HARBOR.</DELETED>

<DELETED>    In implementing the healthy forests reserve program, the 
Secretary of the Interior shall provide safe harbor or similar 
assurances, through section 7 or other authorities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), consistent with the 
implementing regulations of the United States Fish and Wildlife 
Service, to landowners who enroll land in the healthy forests reserve 
program when such enrollment will result in a net conservation benefit 
for listed species.</DELETED>

<DELETED>SEC. 507. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated $15,000,000 for 
each of the fiscal years 2004 through 2008 to carry out this 
title.</DELETED>

         <DELETED>TITLE VI--MISCELLANEOUS PROVISIONS</DELETED>

<DELETED>SEC. 601. FOREST STANDS INVENTORY AND MONITORING PROGRAM TO 
              IMPROVE DETECTION OF AND RESPONSE TO ENVIRONMENTAL 
              THREATS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Agriculture shall carry 
out a comprehensive program to inventory, monitor, characterize, 
assess, and identify forest stands (with emphasis on hardwood forest 
stands) and potential forest stands--</DELETED>
        <DELETED>    (1) in units of the National Forest System (other 
        than those units created from the public domain); and</DELETED>
        <DELETED>    (2) on private forest land, with the consent of 
        the owner of the land.</DELETED>
<DELETED>    (b) Issues To Be Addressed.--In carrying out the program, 
the Secretary shall address issues including--</DELETED>
        <DELETED>    (1) early detection, identification, and 
        assessment of environmental threats (including insect, disease, 
        invasive species, fire, and weather-related risks and other 
        episodic events);</DELETED>
        <DELETED>    (2) loss or degradation of forests;</DELETED>
        <DELETED>    (3) degradation of the quality forest stands 
        caused by inadequate forest regeneration practices;</DELETED>
        <DELETED>    (4) quantification of carbon uptake rates; 
        and</DELETED>
        <DELETED>    (5) management practices that focus on preventing 
        further forest degradation.</DELETED>
<DELETED>    (c) 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--</DELETED>
        <DELETED>    (1) isolate and treat a threat before the threat 
        gets out of control; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $5,000,000 for each of the 
fiscal years 2004 through 2008.</DELETED>

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 FUELS REDUCTION ON FEDERAL LAND

Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuels reduction projects.
Sec. 103. Prioritization for communities and watersheds.
Sec. 104. Environmental analysis.
Sec. 105. Special Forest Service administrative review process.
Sec. 106. Special requirements regarding judicial review of authorized 
                            hazardous fuels reduction projects.
Sec. 107. Standard for injunctive relief for agency action to restore 
                            fire-adapted forest or rangeland 
                            ecosystems.
Sec. 108. Effect of title.

                           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--MISCELLANEOUS PROVISIONS

Sec. 801. Forest inventory and management.
Sec. 802. Program for emergency treatment and reduction of nonnative 
                            invasive plants.
Sec. 803. USDA National Agroforestry Center.
Sec. 804. Upland Hardwoods Research Center.
Sec. 805. Sense of Congress regarding enhanced community fire 
                            protection.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to reduce the risks of damage to communities, municipal 
        water supplies, and certain at-risk Federal land from 
        catastrophic wildfires;
            (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 fuels, 
        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 FUELS REDUCTION ON FEDERAL LAND

SEC. 101. DEFINITIONS.

    In this title:
            (1) Authorized hazardous fuels reduction project.--The term 
        ``authorized hazardous fuels reduction project'' means a 
        hazardous fuels reduction project on Federal land described in 
        section 102(a) conducted in accordance with sections 103 and 
        104.
            (2) 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.
            (3) 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 (2) (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.
            (4) 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.
            (5) Decision document.--The term ``decision document'' 
        means a decision notice or record of decision, as those terms 
        are used in applicable regulations of the Council on 
        Environmental Quality and the Forest Service Handbook.
            (6) Hazardous fuels.--The term ``hazardous fuels'' means 
        vegetation (dead or alive) in the forest or rangeland ecosystem 
        that--
                    (A) is in excess of historic conditions or 
                management goals; and
                    (B) can cause wildfires.
            (7) Hazardous fuels reduction project.--The term 
        ``hazardous fuels reduction project'' means the measures and 
        methods described in the definition of ``appropriate tools'' 
        contained in the glossary of the Implementation Plan.
            (8) Implementation plan.--The term ``Implementation Plan'' 
        means the Implementation Plan for the 10-year Comprehensive 
        Strategy for a Collaborative Approach for Reducing Wildland 
        Fire Risks to Communities and the Environment, dated May 2002, 
        which was developed pursuant to the Department of the Interior 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        291) (including any subsequent revision to the Plan).
            (9) 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).
            (10) 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).
            (11) Municipal water supply system.--The term ``municipal 
        water supply system'' means the source watersheds, 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 for a community.
            (12) 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).
            (13) 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).
            (14) 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.

SEC. 102. AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.

    (a) Authorized Projects.--
            (1) In general.--The Secretary may conduct hazardous fuels 
        reduction projects on--
                    (A) Federal land located in an interface community 
                or intermix community;
                    (B) Federal land located in such proximity to an 
                interface community or intermix community that there is 
                a significant risk that the spread of a fire 
                disturbance event from that land would threaten human 
                life or property in proximity to or within the 
                interface community or intermix community;
                    (C) condition class 3 or condition class 2 Federal 
                land located in such proximity to a municipal 
                watershed, water supply system or a stream feeding a 
                municipal water supply system 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 the 
                risk to water quality posed by erosion following such a 
                fire disturbance event;
                    (D) condition class 3 or condition class 2 Federal 
                land on which windthrow or blowdown, ice storm damage, 
                or the existence or threat of disease or insect 
                infestation, poses a significant threat to an ecosystem 
                component, or forest or rangeland resource, on the 
                Federal land or adjacent private land;
                    (E) Federal land not covered by subparagraph (A), 
                (B), (C), or (D) that contains threatened and 
                endangered species habitat, if--
                            (i) 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;
                            (ii) the project will provide enhanced 
                        protection from catastrophic wildfire for the 
                        endangered species, threatened species, or 
                        habitat of the endangered species or threatened 
                        species; and
                            (iii) the Secretary complies with any 
                        applicable guidelines specified in any recovery 
                        plan described in clause (i).
            (2) Classification.--The Secretary shall classify 
        appropriate land described in paragraph (1)(D) impacted by 
        windthrow or blowdown, ice storm damage, or the existence or 
        threat of disease or insect infestation as condition class 3 or 
        condition class 2 Federal land.
    (b) Relation to Agency Plans.--An authorized hazardous fuels 
reduction project shall be conducted in a manner consistent with the 
resource management plan 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 included in authorized hazardous fuels reduction 
projects.
    (d) Exclusion of Certain Federal Land.--The Secretary may not 
conduct an authorized hazardous fuels reduction project that would 
occur on--
            (1) a component of the National Wilderness Preservation 
        System;
            (2) Federal land on which, by Act of Congress or 
        Presidential proclamation, the removal of vegetation is 
        prohibited or restricted; or
            (3) a Wilderness Study Area.

SEC. 103. PRIORITIZATION FOR COMMUNITIES AND WATERSHEDS.

    As provided for in the Implementation Plan, the Secretary shall 
give priority to authorized hazardous fuel reduction projects that 
provide for the protection of communities and watersheds.

SEC. 104. ENVIRONMENTAL ANALYSIS.

    (a) Hazardous Fuels Reduction Projects.--
            (1) In general.--Except as otherwise provided in this 
        title, the Secretary shall conduct authorized hazardous fuels 
        reduction projects in accordance with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4331 et seq.); and
                    (B) other applicable laws.
            (2) Environmental assessment or impact statement.--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 each authorized hazardous fuels reduction 
        project.
    (b) Alternatives.--The Secretary is not required to study, develop, 
or describe any alternative to the proposed agency action in the 
environmental assessment or environmental impact statement prepared in 
accordance with subsection (a)(2).
    (c) Public Notice and Meeting.--
            (1) Public notice.--The Secretary shall provide notice of 
        each authorized hazardous fuels reduction project in accordance 
        with applicable regulations and administrative guidelines.
            (2) Public meeting.--During the preparation stage of each 
        authorized hazardous fuels 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 fuels 
                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 fuels 
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 fuels 
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 input 
during the preparation of any environmental assessment or environmental 
impact statement for an authorized hazardous fuels reduction project.
    (f) Decision Document.--The Secretary shall sign a decision 
document for authorized hazardous fuels reduction projects and provide 
notice of the final agency actions.
    (g) Project Monitoring.--In accordance with the Implementation 
Plan, the Secretary shall monitor the implementation of authorized 
hazardous fuels reduction projects.

SEC. 105. SPECIAL FOREST SERVICE ADMINISTRATIVE REVIEW PROCESS.

    (a) Development of Administrative Review Process.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
Agriculture shall promulgate final regulations to establish an 
administrative review process that will serve as the sole means by 
which a person described in subsection (b) can seek administrative 
review regarding a proposed hazardous fuels reduction project.
    (b) Eligible Persons.--
            (1) In general.--To be eligible to participate in the 
        administrative review process established under subsection (a), 
        a person shall submit specific and substantive written comments 
        during the notice and comment stage of the authorized hazardous 
        fuels reduction project.
            (2) Notice and comment.--The Secretary of Agriculture shall 
        ensure that, during the preparation stage of each authorized 
        hazardous fuels reduction project, notice and comment is 
        provided in a manner sufficient to permit interested persons a 
        reasonable opportunity to comply with this subsection.
    (c) Relation to Appeals Reform Act.--Section 322 of the Department 
of the Interior and Related Agencies Appropriations Act, 1993 (Public 
Law 102-381; 16 U.S.C. 1612 note), does not apply to an authorized 
hazardous fuels reduction project.

SEC. 106. SPECIAL REQUIREMENTS REGARDING JUDICIAL REVIEW OF AUTHORIZED 
              HAZARDOUS FUELS REDUCTION PROJECTS.

    (a) Filing Deadline.--
            (1) Time limit established for filing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, to be timely, an action in a court of 
                the United States challenging an authorized hazardous 
                fuels reduction project shall be filed in the court 
                before the end of the 15-day period beginning on the 
                date on which the Secretary provides notice of the 
                final agency action regarding the authorized hazardous 
                fuels reduction project.
                    (B) Applicability.--The time limitation under 
                subparagraph (A) supersedes any requirement regarding 
                notice of intent to file a lawsuit, or filing deadline, 
                otherwise applicable to an action challenging an 
                authorized hazardous fuels reduction project under any 
                provision of law.
            (2) Waiver prohibited.--The Secretary may not agree to, and 
        a court of the United States may not grant, a waiver of the 
        requirements of this subsection.
    (b) Duration of Preliminary Injunction.--
            (1) Duration; extension.--
                    (A) Duration.--Any preliminary injunction, or 
                injunction pending appeal, granted by a court of the 
                United States regarding an authorized hazardous fuels 
                reduction project shall be limited to 45 days.
                    (B) Extension.--A court may renew the preliminary 
                injunction or injunction pending appeal, taking into 
                consideration the goal expressed in subsection (c) for 
                the expeditious resolution of cases regarding 
                authorized hazardous fuels reduction projects.
            (2) Submission of information.--As part of a request to 
        renew a preliminary injunction, or injunction pending appeal, 
        granted regarding an authorized hazardous fuels reduction 
        project, the parties involved shall present to the court a 
        description of any changes that may have occurred during the 
        period of the injunction to the forest or rangeland conditions 
        that the authorized hazardous fuels reduction project is 
        intended to address.
            (3) Congressional notification.--In the event of the 
        renewal of a preliminary injunction, or injunction pending 
        appeal, regarding an authorized hazardous fuels reduction 
        project, the Secretary shall submit notice of the renewal to--
                    (A) the Committee on Resources and the Committee on 
                Agriculture of the House of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                and the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate.
    (c) Expeditious Completion of Judicial Review.--Congress intends 
and encourages any court in which is filed an action challenging an 
authorized hazardous fuels reduction project to expedite, to the 
maximum extent practicable, the proceedings in the lawsuit or 
appeal with the goal of rendering, not later than 100 days after the 
date on which the complaint or appeal is filed--
            (1) a final determination on jurisdiction; and
            (2) if jurisdiction exists, a final determination on the 
        merits.

SEC. 107. STANDARD FOR INJUNCTIVE RELIEF FOR AGENCY ACTION TO RESTORE 
              FIRE-ADAPTED FOREST OR RANGELAND ECOSYSTEMS.

    If a civil action brought against the Secretary under section 703 
of title 5, United States Code, involves an agency action on Federal 
land on which the Secretary found that the agency action is necessary 
to restore a fire-adapted forest or rangeland ecosystem (including an 
authorized hazardous fuels reduction project), the court reviewing the 
agency action, in considering a request for a prohibitory or mandatory 
injunction against the agency action, shall--
            (1) balance the impact to the ecosystem likely affected by 
        the project of the short- and long-term effects of undertaking 
        the agency action against the short- and long-term effects of 
        not undertaking the agency action; and
            (2) give weight to a finding by the Secretary in the 
        administrative record of the agency action concerning the 
        short- and long-term effects of undertaking the agency action 
        and of not undertaking the agency action, unless the court 
        finds that the finding was arbitrary and capricious.

SEC. 108. EFFECT OF TITLE.

    (a) Relation to Other Authority.--Nothing in this title affects, or 
otherwise biases, the use by the Secretary of other statutory or 
administrative authority to conduct a hazardous fuels 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) Relation to Legal Action.--Nothing in this title prejudices or 
otherwise affects the consideration or disposition of any legal action 
concerning the Roadless Area Conservation Rule contained in part 294 of 
title 36, Code of Federal Regulations, and amended in the final rule 
and record of decision published in the Federal Register on January 12, 
2001 (66 Fed. Reg. 3244).

                           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--
            (1) by striking ``$49,000,000'' and inserting 
        ``$54,000,000''; and
            (2) by inserting before the period at the end the 
        following: ``, of which not less than $5,000,000 shall be used 
        for each fiscal year to carry out section 307(d)(5)''.

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.--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; and
                    ``(B) under which funds or other support provided 
                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 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) a long-term easement with a buyback option.
            (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 
        easement, and their 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) Long-Term Easement With Buyback Option.--
            (1) Payment amount.--In the case of land enrolled in the 
        healthy forests reserve program using a long-term easement 
        (with a minimum length of 99 years) with a buyback option, 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)--
                    (A) the fair market value of the enrolled land 
                during the period the land is subject to the easement, 
                less the fair market value of the land encumbered by 
                the easement; and
                    (B) the actual costs of the approved conservation 
                practices or the average cost of approved practices 
                carried out on the land during the period the land is 
                subject to the easement.
            (2) Buy-back option.--In the case of land enrolled in the 
        healthy forests reserve program using a long-term easement with 
        a buyback option, beginning on the date that is 50 years after 
        the date of enrollment of the land, and every 10 years 
        thereafter, the owner of the land shall be permitted to 
        purchase the easement back from the United States for an amount 
        equal to not more than (as determined by the Secretary)--
                    (A) the percentage of the fair market value the 
                owner received for the easement under paragraph (1); 
                and
                    (B) the costs, adjusted by the Secretary to reflect 
                changes in the Consumer Price Index for all-urban 
                consumers, as published by the Bureau of Labor 
                Statistics, of the approved conservation practices 
                necessary for establishment of the easement.
            (3) Funds.--All funds returned to the United States under 
        this subsection shall be used to carry out the healthy forests 
        reserve program.
    (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 and easements) 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 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;
                            (vii) eastern Oregon;
                            (viii) the Bitterrroot Valley of Montana;
                            (ix) the northern panhandle of Idaho; and
                            (x) other areas, as determined by the 
                        Secretary.
            (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) Coordination.--In carrying out the program, the 
        Secretary shall coordinate with--
                    (A) the Small Business Administration;
                    (B) the Economic Development Administration;
                    (C) land grant colleges and universities;
                    (D) 1890 institutions; and
                    (E) other agencies of the Department of Agriculture 
                that administer rural development programs.
    (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.--The Secretary shall establish at 
least 1 Forest Enterprise Center at each Research Station of the Forest 
Service, to be located at a forest science laboratory--
            (1) to carry out eligible projects; and
            (2) to coordinate assistance provided to small forest 
        products businesses with--
                    (A) the Small Business Administration, including 
                the timber set-aside program carried out by the Small 
                Business Administration;
                    (B) the Rural Utilities Service, the Rural Housing 
                Service, and the Rural Business-Cooperative Service of 
                the Department of Agriculture; and
                    (C) the Economic Development Administration, 
                including the local technical assistance program of the 
                Economic Development Administration.
    (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--MISCELLANEOUS PROVISIONS

SEC. 801. 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 (with emphasis on hardwood forest stands) on--
            ``(1) in units of the National Forest System; and
            ``(2) on 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 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; and
            ``(5) management practices that focus on preventing further 
        forest degradation.
    ``(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) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2004 through 2009.''.

SEC. 802. 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. 803. 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. 804. 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 of fiscal 
years 2004 through 2008.

SEC. 805. 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)).
            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.''.




                                                       Calendar No. 246

108th CONGRESS

  1st Session

                               H. R. 1904

                          [Report No. 108-121]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                July 31 (legislative day, July 21), 2003

        Reported with an amendment and an amendment to the title