[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1449 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1449

    To improve the capacity of the Secretary of Agriculture and the 
   Secretary of the Interior to prepare and conduct hazardous fuels 
 reduction projects on National Forest System land and Bureau of Land 
 Management land that are aimed at protecting communities, watersheds, 
 and certain other at-risk land from catastrophic wildfire, to enhance 
    efforts to protect watersheds and address threats to forest and 
  rangeland health on public and private land, including catastrophic 
  wildfire, to increase research on forest health and forest-damaging 
                    agents, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 23 (legislative day, July 21), 2003

Mr. Crapo (for himself and Mrs. Lincoln) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To improve the capacity of the Secretary of Agriculture and the 
   Secretary of the Interior to prepare and conduct hazardous fuels 
 reduction projects on National Forest System land and Bureau of Land 
 Management land that are aimed at protecting communities, watersheds, 
 and certain other at-risk land from catastrophic wildfire, to enhance 
    efforts to protect watersheds and address threats to forest and 
  rangeland health on public and private land, including catastrophic 
  wildfire, to increase research on forest health and forest-damaging 
                    agents, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America's Healthy 
Forest Restoration and Research Act''.
    (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. Findings.
Sec. 102. Definitions.
Sec. 103. Authorized hazardous fuels reduction projects.
Sec. 104. Prioritization for communities and watersheds.
Sec. 105. Environmental analysis.
Sec. 106. Special Forest Service administrative review process.
Sec. 107. Special requirements regarding judicial review of authorized 
                            hazardous fuels reduction projects.
Sec. 108. Standard for injunctive relief for agency action to restore 
                            fire-adapted forest or rangeland 
                            ecosystems.
Sec. 109. Local preference contracting.
Sec. 110. Effect of title.
                           TITLE II--BIOMASS

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

Sec. 301. Findings and purposes.
Sec. 302. Watershed forestry assistance program.
                           TITLE IV--RESEARCH

                     Subtitle A--General Provisions

Sec. 401. Findings and purposes.
Sec. 402. Definitions.
Sec. 403. Cooperation and assistance.
Sec. 404. Relation to other laws.
Subtitle B--Accelerated Information Gathering and Applied Silvicultural 
                                Research

Sec. 411. Accelerated information gathering.
Sec. 412. Applied silvicultural research.
Sec. 413. Authorization of appropriations.
           Subtitle C--Forest Stands Inventory and Monitoring

Sec. 421. Forest land inventory and monitoring program to improve 
                            detection of and response to environmental 
                            threats.
                          Subtitle D--Biomass

Sec. 431. Improved biomass use research program.
                Subtitle E--Revitalization and Research

Sec. 441. Rural revitalization through forestry.
Sec. 442. Upland Hardwoods Research Center.
                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

Sec. 501. Establishment of healthy forests reserve program.
Sec. 502. Eligibility and enrollment of land in program.
Sec. 503. Restoration plans.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Assurances and measures.
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Program for emergency treatment and reduction of nonnative 
                            invasive plants.
Sec. 602. Sense of Congress regarding enhanced community fire 
                            protection.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to reduce the risks and severity of damage to 
        communities, municipal water supplies, and certain at-risk 
        Federal land from catastrophic wildfires, insects, disease, and 
        other damaging agents;
            (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 fire, 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;
            (6) to advance research to improve the use of biomass and 
        hardwood species;
            (7) to restore and enhance components of the forest 
        ecosystem--
                    (A) to promote the recovery of threatened and 
                endangered species;
                    (B) to improve biological diversity; and
                    (C) to enhance productivity and carbon 
                sequestration; and
            (8) to authorize a grant program to address the threat of 
        catastrophic fire resulting from infestation by nonnative 
        species.

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. FINDINGS.

    Congress finds that--
            (1) thousands of communities in the United States, many of 
        which are located near Federal land, are at risk of wildfire;
            (2) 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;
            (3) 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 and increasing the threats to homes, 
        businesses, and community watersheds;
            (4) more than 70,000,000 acres of publicly and privately 
        owned land are at risk of experiencing higher-than-normal 
        mortality rates over the next 15 years as a result of insect 
        infestation and disease;
            (5) high rates of tree mortality from insects and disease 
        result in increased fire risk, degraded watershed conditions, 
        and changes in species diversity and productivity, as well as 
        diminished fish and wildlife habitat and decreased timber 
        values;
            (6) preventive treatments, such as reducing fuel loads, 
        crown density, ladder fuels, and hazard trees, planting proper 
        species mixtures, restoring, protecting, and maintaining 
        habitats in a diverse array of seral stages, 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; and
            (7) those prevention treatments are widely acknowledged to 
        be more successful and cost-effective than suppression 
        treatments in the case of insects, disease, and fire.

SEC. 102. 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 103(a) that is planned and conducted in accordance with 
        sections 105 and 106.
            (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 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.
            (7) 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 in accordance with the Department of the 
        Interior and Related Agencies Appropriations Act, 2001 (Public 
        Law 106-291) (including any subsequent revision to the Plan).
            (8) 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).
            (9) 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).
            (10) Municipal watershed.--The term ``municipal watershed'' 
        means the land, waterways, impoundments, and storage areas used 
        to collect and distribute drinking water to a community.
            (11) 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 paragraph (6)(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 paragraph (6)(B) under 
                section 202 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1712).
            (12) 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).
            (13) 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. 103. AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.

    (a) Authorized Projects.--The Secretary may prepare and conduct 
hazardous fuels reduction projects on--
            (1) Federal land located in an interface community or 
        intermix community;
            (2) 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;
            (3) 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;
            (4) Federal land on which the existence or threat of 
        disease or insect infestation, or the aftermath of a severe 
        weather event poses a significant threat to an ecosystem 
        component, or forest or rangeland resource, on the Federal land 
        or adjacent private land;
            (5) Federal land not described in paragraph (1), (2), (3), 
        or (4) that contains threatened and endangered species habitat, 
        if--
                    (A)(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--
                            (I) a species recovery plan prepared under 
                        section 4 of the Endangered Species Act of 1973 
                        (16 U.S.C. 1533); or
                            (II) 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 threatened or endangered species habitat 
                contains land in condition class 2 or condition class 
                3;
                    (B) 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
                    (C) the Secretary complies with any applicable 
                guidelines specified in any recovery plan described in 
                subparagraph (A).
    (b) Relation to Agency Plans.--An authorized hazardous fuels 
reduction project shall be prepared and conducted in a manner 
consistent with the resource management plan applicable to the Federal 
land covered by the project.
    (c) Exclusion of Certain Federal Land.--The Secretary may not 
prepare or 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. 104. 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. 105. ENVIRONMENTAL ANALYSIS.

    (a) Hazardous Fuels Reduction Projects.--
            (1) In general.--Except as otherwise provided in this 
        title, the Secretary shall prepare and 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, 
        including a clear reference to applicable appeals requirements.
            (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 date, time, and 
                location of the meeting.
    (d) Public Collaboration.--In order to encourage meaningful public 
participation in the identification and development 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 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 proposed agency action for an authorized hazardous 
fuels reduction project.
    (f) Decision Document.--The Secretary shall sign a decision 
document for each authorized hazardous fuels reduction project and 
provide notice of the decision document.
    (g) Project Monitoring.--In accordance with the Implementation 
Plan, the Secretary shall monitor the implementation of authorized 
hazardous fuels reduction projects.

SEC. 106. SPECIAL FOREST SERVICE ADMINISTRATIVE REVIEW PROCESS.

    (a) Development of Administrative 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 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.
    (b) Eligible Persons.--
            (1) In general.--To be eligible to participate in the 
        administrative process established under subsection (a) with 
        respect to an authorized hazardous fuels reduction project, a 
        person shall submit specific and substantive written comments 
        during the preparation 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. 107. 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 publishes 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, 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 or appeal of an 
action challenging a lawsuit or appeal of a lawsuit 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 lawsuit or appeal is filed--
            (1) a final determination on jurisdiction; and
            (2) if jurisdiction exists, a final determination on the 
        merits.

SEC. 108. 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 and forest 
        resources 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. 109. LOCAL PREFERENCE CONTRACTING.

    Notwithstanding any Federal procurement or contracting law, to 
provide employment and training and opportunities to individuals in 
rural communities, the Secretaries may award contracts, including 
contracts for monitoring activities, to entities that operate in a 
rural area and agree to hire or train a significant percentage of local 
individuals to complete the contracts, such as--
            (1) local private, nonprofit, and cooperative entities;
            (2) Youth Conservation Corps crews and related State, 
        local, and nonprofit youth groups; and
            (3) small businesses and microbusinesses.

SEC. 110. 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 prepare or conduct a hazardous fuels 
reduction project on Federal land (including Federal land identified in 
section 102(d)) that is not prepared or 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) the byproducts of vegetation 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;
                    (ii) raw material for business; and
                    (iii) public lands (as defined in section 103 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)); 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
            (2) the United States should--
                    (A) promote economic and entrepreneurial 
                opportunities in using by-products removed through 
                vegetation management treatment activities relating to 
                hazardous fuels reduction, disease, and insect 
                infestation; and
                    (B) develop and expand markets for traditionally 
                underused wood and biomass as an outlet for by-products 
                of vegetation management treatment activities.

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 vegetation management treatment 
        (such as wood, brush, thinnings, chips, and slash) that are 
        removed--
                    (A) to reduce hazardous fuels; or
                    (B) to reduce the risk of or to contain disease or 
                insect infestation.
            (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, 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 has a municipal watershed 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 county 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 has 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 THE COMMERCIAL VALUE OF FOREST BIOMASS FOR 
              ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, 
              PETROLEUM-BASED PRODUCT SUBSTITUTES, AND FOR OTHER 
              COMMERCIAL PURPOSES.

    (a) Biomass Commercial Use 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, or substitutes for petroleum-based 
        products or for other commercial purposes 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 improve the use of, or 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) 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, 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.
    (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) a statement of the haul costs incurred and the distance 
        between the land from which the biomass was removed and the 
        facilities that used the biomass; and
            (3) a description of the economic impacts, particularly new 
        job creation, resulting from the grants to and operation of the 
        eligible operations.

                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 urban 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 necessary 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) Definitions.--In this section:
            ``(1) 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).
            ``(2) Nonindustrial private forest land.--The term 
        `nonindustrial private forest land' means rural land, as 
        determined by the Secretary, that--
                    ``(A) has existing tree cover or that is suitable 
                for growing trees; and
                    ``(B) is owned by any nonindustrial private 
                individual, group, association, corporation, Indian 
                tribe, 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 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 nonindustrial 
private forest land.
    ``(c) Technical Assistance To Enhance Water Quality.--
            ``(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 enhance 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 
                enhance 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 or 
        equivalent State official of a State, in coordination with the 
        State Forest Stewardship Coordinating Committee established 
        under section 19(b) for that State (or an equivalent 
        committee), 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 an equivalent 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 forester 
        to--
                    ``(A) lead statewide programs; and
                    ``(B) coordinate small 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 nonindustrial private forest 
                land and highly erodible land in each State;
                    ``(B) the efforts of each State to conserve 
                forests;
                    ``(C) the acreage of forests in each State that has 
                been lost or degraded, or that may be used to 
                facilitate the restoration of watersheds; and
                    ``(D) the number of owners of nonindustrial private 
                forest land in each State.
    ``(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 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.''.

                           TITLE IV--RESEARCH

                     Subtitle A--General Provisions

SEC. 401. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) high levels of tree mortality resulting from insect 
        infestation result in--
                    (A) increased fire risk;
                    (B) loss of threatened and endangered species;
                    (C) loss of species diversity;
                    (D) degraded watershed conditions;
                    (E) increased potential for damage from other 
                agents of disturbance, including exotic, invasive 
                species; and
                    (F) decreased timber values;
            (2)(A) previous silvicultural research, 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 research; and
            (3) only through the full funding, development, and 
        assessment of potential applied silvicultural research 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.
    (b) Purposes.--The purposes of this title are--
            (1) to require the Secretary to develop an accelerated 
        basic and applied research program to combat infestations by 
        insects and disease;
            (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 research.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Applied silvicultural research.--
                    (A) In general.--The term ``applied silvicultural 
                research'' means any vegetative or other treatment 
                carried out for a purpose described in section 412.
                    (B) Inclusions.--The term ``applied silvicultural 
                research'' includes timber harvesting, thinning, 
                prescribed burning, use of chemical treatments, 
                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) Eligible institution.--The term ``eligible 
        institution'' means--
                    (A) an 1890 institution;
                    (B) a college or university other than an 1890 
                institution that is maintained, in whole or in part, 
                using funds made available under--
                            (i) the Act of July 2, 1862 (7 U.S.C. 301 
                        et seq.); and
                            (ii) the Act of August 30, 1890 (7 U.S.C. 
                        321 et seq.); and
                    (C) a forestry school that is authorized to receive 
                funding under the McIntire-Stennis Cooperative Forestry 
                Research Act (16 U.S.C. 582a et seq.).
            (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. COOPERATION AND ASSISTANCE.

    The Secretary shall--
            (1) establish and carry out the programs under this title 
        in cooperation with--
                    (A) scientists from eligible institutions;
                    (B) State agencies; and
                    (C) private and industrial landowners; and
            (2) designate eligible institutions to assist in carrying 
        out the programs.

SEC. 404. 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.

Subtitle B--Accelerated Information Gathering and Applied Silvicultural 
                                Research

SEC. 411. ACCELERATED INFORMATION GATHERING.

    The Secretary, acting through the Forest Service and United States 
Geological Survey, as appropriate, shall establish an accelerated 
program--
            (1) to prepare, conduct, and promote comprehensive and 
        systematic information gathering on the response to insect and 
        disease infestation and the aftermath of severe weather events, 
        including an evaluation of--
                    (A) prevention and control methods;
                    (B) effects on forest ecosystems;
                    (C) forest ecosystem restoration;
                    (D) use options regarding infested and damaged 
                trees; and
                    (E) models to predict the occurrence, distribution, 
                and impact of outbreaks of insects and disease and 
                susceptibility to other damaging agents;
            (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 insects and disease on Federal land and State and private 
        land; and
            (3) to disseminate the results of the information 
        gathering, treatments, and strategies.

SEC. 412. APPLIED SILVICULTURAL RESEARCH.

    (a) Assessment Efforts.--For information gathering and research 
purposes, the Secretary may conduct applied silvicultural research on 
Federal land, on such a scale as is appropriate with respect to the 
damaging agent, that the Secretary determines is--
            (1) at risk of infestation by, or is infested with, insects 
        or disease;
            (2) at risk of catastrophic fire; or
            (3) damaged as a result of a severe weather event.
    (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; or
                    (C) Wilderness Study Area.
            (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 research project 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).
            (4) Compliance with forest and resource management plans.--
        Each applied silvicultural research project and related 
        silvicultural treatment carried out under this title shall 
        comply with--
                    (A) the applicable forest or resource management 
                plan in place for land to be assessed or treated; and
                    (B) regulations promulgated under section 14 of the 
                National Forest Management Act of 1976 (16 U.S.C. 
                472a).
    (c) Public Notice and Comment.--
            (1) Public notice.--The Secretary shall provide notice of 
        each applied silvicultural research project proposed to be 
        carried out under this section in accordance with applicable 
        regulations and administrative guidelines.
            (2) Public comment.--During the planning stage of each 
        applied silvicultural research project proposed to be carried 
        out under this section, the Secretary shall provide an 
        opportunity for public input.
    (d) Categorical Exclusion.--
            (1) In general.--An applied silvicultural research project 
        or silvicultural treatment carried out under this section shall 
        not be subject to the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
            (2) No additional findings required.--In accordance with 
        paragraph (1), the Secretary shall not be required to make any 
        findings as to whether the an applied silvicultural research 
        project, either individually or cumulatively, has a significant 
        effect on the environment.
    (e) Forest Health Restoration Objectives.--
            (1) In general.--Each silvicultural research project 
        carried out under this title shall establish specific, 
        measurable objectives for restoring forest health that are 
        directed toward restoring ecological conditions within the 
        historical range of natural variability.
            (2) Categories of objectives.--Forest health restoration 
        objectives of a silvicultural research project should include, 
        as appropriate--
                    (A) the reduction of hazardous fuel loads;
                    (B) the restoration of ecosystem structure, 
                function, and composition;
                    (C) the reintroduction of fire as a natural 
                process;
                    (D) the protection and restoration of at-risk 
                species, such as--
                            (i) species that are listed as threatened 
                        or endangered under the Endangered Species Act 
                        of 1973 (16 U.S.C. 1531 et. seq.);
                            (ii) candidate, State-listed species; and
                            (iii) special concern species identified by 
                        the Secretary;
                    (E) detection and control of ecologically-harmful 
                nonnative species; and
                    (F) prevention of severe native insect or disease 
                epidemics.
            (3) Landscape context.--To the maximum extent practicable, 
        forest health restoration objectives should be determined in a 
        landscape context.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$25,000,000 for each of fiscal years 2004 through 2008.

           Subtitle C--Forest Stands Inventory and Monitoring

SEC. 421. FOREST LAND INVENTORY AND MONITORING PROGRAM TO IMPROVE 
              DETECTION OF AND RESPONSE TO ENVIRONMENTAL THREATS.

    (a) In General.--The Secretary of Agriculture (on land under the 
jusisdiction of the Secretary of Agriculture) and the Secretary of 
Interior (on land under the jurisdiction of the Secretary of the 
Interior) (referred to in this section as the ``Secretaries'') shall 
carry out a comprehensive program to inventory, monitor, characterize, 
assess, and identify forest land (with emphasis on hardwood forest 
land) and potential forest land--
            (1) on Federal land; and
            (2) on private forest land, with the consent of the owner 
        of the land.
    (b) Administration.--In carrying out the program, the Secretaries 
shall address issues including--
            (1) early detection, identification, and assessment of 
        environmental threats (including insect, disease, invasive 
        species, fire, and weather-related risks and other episodic 
        events);
            (2) loss or degradation of forests;
            (3) degradation of quality forest land caused by inadequate 
        forest regeneration practices and type conversion;
            (4) quantification of carbon uptake rates; and
            (5) management practices that focus on preventing further 
        forest degradation.
    (c) Early Warning System.--In carrying out the program, the 
Secretaries 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 becomes 
        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.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2004 through 2008.

                          Subtitle D--Biomass

SEC. 431. 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)''.

                Subtitle E--Revitalization and Research

SEC. 441. 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 fiscal year.''.

SEC. 442. UPLAND HARDWOODS RESEARCH CENTER.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture (referred to in 
this section as the ``Secretary'') shall establish an Upland Hardwood 
Research Center.
    (b) Location.--The Secretary shall locate the Research Center in an 
area that, as determined by the Secretary, 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 rehabilitation, restoration, and use 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 cooperate with--
            (1) the Center for Bottomland Hardwood Research of the 
        Southern Forest Research Station of the Department of 
        Agriculture, located in Stoneville, Mississippi; and
            (2) 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 shall 
encourage and facilitate the participation of private landowners in the 
program under this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000 for each fiscal year.

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.

    The Secretary of Agriculture (referred to in this title as the 
``Secretary'') shall establish a 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.

SEC. 502. ELIGIBILITY AND ENROLLMENT OF LAND IN PROGRAM.

    (a) Eligible Land.--
            (1) Designation.--The Secretary shall designate forest 
        ecosystem types for enrollment in the healthy forests reserve 
        program.
            (2) Consultation.--In designating land under paragraph (1), 
        the Secretary shall consult with (as appropriate)--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Commerce; and
                    (C) representatives of State agencies and Indian 
                tribes.
            (3) Eligibility.--To be eligible for enrollment in the 
        healthy forests reserve program, land shall be--
                    (A) private land the enrollment of which would (as 
                determined by the Secretary) restore, enhance, or 
                otherwise measurably increase the likelihood of 
                recovery of a species that is listed as endangered or 
                threatened under section 4 of the Endangered Species 
                Act of 1973 (16 U.S.C. 1533); and
                    (B) private land the enrollment of which would (as 
                determined by the Secretary) 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 under 
                the Endangered Species Act of 1973 (15 U.S.C. 1531 et 
                seq.), such as candidate species, State-listed species, 
                and special concern species.
    (b) Other Considerations.--In enrolling land that satisfies the 
criteria under subsection (a)(3), the Secretary shall give additional 
consideration to land the enrollment of which would--
            (1) improve biological diversity; and
            (2) increase carbon sequestration.
    (c) Enrollment by Willing Owners.--The Secretary shall enroll land 
in the healthy forests reserve program only with the consent of the 
owner of the land.
    (d) Maximum Enrollment.--The total number of acres enrolled in the 
healthy forests reserve program shall not, to the maximum extent 
practicable, exceed 1,000,000 acres at any 1 time.
    (e) Methods of Enrollment.--Land may be enrolled in the healthy 
forests reserve program in accordance with--
            (1) a 10-year cost-sharing agreement;
            (2) a 30-year easement; or
            (3) a permanent easement with a landowner choice option.
    (f) Enrollment Priority.--In carrying out the program, the 
Secretary shall give priority to the enrollment of land that the 
Secretary determines would provide the best opportunity to resolve 
conflicts between--
            (1) the presence of an animal or plant species referred to 
        in subsection (a); and
            (2) otherwise permissible land use activities.

SEC. 503. RESTORATION PLANS.

    (a) In General.--A landowner seeking to enroll eligible land in the 
healthy forests reserve program shall submit, for the approval of the 
Secretary, a restoration plan that identifies and describes--
            (1) projects and activities to be carried out on the 
        enrolled land to meet the purposes of section 501; and
            (2) land use practices that are permissible on the enrolled 
        land.
    (b) Cost Effectiveness.--A restoration plan shall, to the maximum 
extent practicable, optimize the environmental benefits per dollar 
expended.

SEC. 504. FINANCIAL ASSISTANCE.

    (a) Permanent Easement With Landowner Choice Option.--
            (1) Payment amount.--In the case of land enrolled in the 
        healthy forests reserve program using a permanent easement with 
        a landowner choice option, the Secretary shall pay the owner of 
        the land an amount equal to the sum of--
                    (A) the fair market value of the enrolled land 
                during the period the land is subject to the permanent 
                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 permanent easement, as determined by the 
                Secretary.
            (2) Landowner choice option.--In the case of land enrolled 
        in the healthy forests reserve program using a permanent 
        easement with a landowner choice option, beginning on 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 the sum of--
                    (A) the fair market value of the land less the fair 
                market value of the land encumbered by the easement; 
                and
                    (B) the costs, adjusted by the Secretary in 
                accordance with the Consumer Price Index for all-urban 
                consumers, as published by the Bureau of Labor 
                Statistics, of the conservation practices necessary for 
                establishing the restored forest and funded by the 
                healthy forests reserve program.
    (b) 30-Year Easement.--In the case of land enrolled in the healthy 
forests reserve program using a 30-year easement, the Secretary shall 
pay the owner of the land an amount equal to the sum of--
            (1) 75 percent of the fair market value of the land less 
        the fair market value of the land encumbered by the easement; 
        and
            (2) 75 percent of the actual costs of the approved 
        conservation practices for the land, as determined by the 
        Secretary.
    (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--
            (1) 75 percent of the actual costs of the approved 
        conservation practices for the land, as determined by the 
        Secretary; or
            (2) 75 percent of the average cost of approved conservation 
        practices for the land, as determined by the Secretary.
    (d) Acceptance of Contributions.--The Secretary may accept and use 
contributions of non-Federal funds to make payments under this section.

SEC. 505. TECHNICAL ASSISTANCE.

    (a) In General.--The Secretary shall provide landowners with 
technical assistance to assist the landowners in complying with the 
terms of agreements and easements under the healthy forests reserve 
program and restoration plans under this title.
    (b) Technical Service Providers.--The Secretary 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. ASSURANCES AND MEASURES.

    (a) Assurances.--A landowner that enrolls land in the healthy 
forests reserve program may seek appropriate protection under section 
7(b)(4) or 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(b)(4), 1536(a)(1)).
    (b) Measures.--If the protection under subsection (a) requires the 
taking of measures for species conservation in addition to the measures 
covered by the applicable restoration plan agreed to under section 503, 
the additional measures, as well as the cost of any permit, shall be 
considered part of the restoration plan for the purpose of receiving 
financial assistance under section 504.

SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.

    In carrying out this title, the Secretary may consult with other 
individuals and entities with relevant expertise in the development and 
implementation of the healthy forests reserve program, including--
            (1) private forest landowners;
            (2) other Federal agencies;
            (3) State agencies;
            (4) forestry schools and other schools in colleges and 
        universities (including land grant colleges and 1890 
        institutions); and
            (5) nonprofit conservation organizations.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$15,000,000 for each of fiscal years 2004 through 2008.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. 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 conservancy 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;
                    (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; or
                    (C) in an area in which the existence of nonnative 
                invasive plants poses a significant threat to an 
                ecosystem component;
            (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.
    (c) 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) in proximity to or within an interface 
                community or intermix community; or
                    (B) in proximity 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.
    (d) Reimbursement of Grants.--As a condition for receiving 
assistance for a project under the program, the recipient of the 
assistance shall agree that all proceeds from the sale of timber or 
biomass removed from land under the project, not to exceed the amount 
of funds provided for the project under this section, shall be--
            (1) deposited in a revolving fund established by the State; 
        and
            (2) used to provide additional grants to carry out projects 
        that are consistent with the program.
    (e) 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. 602. SENSE OF CONGRESS REGARDING ENHANCED COMMUNITY FIRE 
              PROTECTION.

    It is the sense of Congress to reaffirm the importance of the 
enhanced community fire protection program under section 10A of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c).
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