[Congressional Record Volume 149, Number 169 (Thursday, November 20, 2003)]
[House]
[Pages H11686-H11698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1904, HEALTHY FORESTS RESTORATION ACT OF 2003

  Mr. GOODLATTE (during debate on the Inslee motion to instruct 
conferees on H.R. 1) submitted the following conference report and 
statement on the bill (H.R. 1904) 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:

                  Conference Report (H. Rept. 108-386)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     1904), 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, having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuel reduction projects.
Sec. 103. Prioritization.
Sec. 104. Environmental analysis.
Sec. 105. Special administrative review process.
Sec. 106. Judicial review in United States district courts.
Sec. 107. Effect of title.
Sec. 108. Authorization of appropriations.

                           TITLE II--BIOMASS

Sec. 201. Improved biomass use research program.
Sec. 202. Rural revitalization through forestry.
Sec. 203. Biomass commercial utilization grant program.

                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--MISCELLANEOUS

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

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to reduce wildfire risk to communities, municipal water 
     supplies, and other at-risk Federal land through a 
     collaborative process of planning, prioritizing, and 
     implementing hazardous fuel reduction projects;
       (2) to authorize grant programs to improve the commercial 
     value of forest biomass (that otherwise contributes to the 
     risk of catastrophic fire or insect or disease infestation) 
     for producing electric energy, useful heat, transportation 
     fuel, and petroleum-based product substitutes, and for other 
     commercial purposes;
       (3) to enhance efforts to protect watersheds and address 
     threats to forest and rangeland health, including 
     catastrophic wildfire, across the landscape;
       (4) to promote systematic gathering of information to 
     address the impact of insect and disease infestations and 
     other damaging agents on forest and rangeland health;
       (5) to improve the capacity to detect insect and disease 
     infestations at an early stage, particularly with respect to 
     hardwood forests; and
       (6) to protect, restore, and enhance forest ecosystem 
     components--
       (A) to promote the recovery of threatened and endangered 
     species;
       (B) to improve biological diversity; and
       (C) to enhance productivity and carbon sequestration.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Federal land.--The term ``Federal land'' means--
       (A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C 1609(a))) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

     SEC. 101. DEFINITIONS.

       In this title:
       (1) At-risk community.--The term ``at-risk community'' 
     means an area--
       (A) that is comprised of--
       (i) an interface community as defined in the notice 
     entitled ``Wildland Urban Interface Communities Within the 
     Vicinity of Federal Lands That Are at High Risk From 
     Wildfire'' issued by the Secretary of Agriculture and the 
     Secretary of the Interior in accordance with title IV of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. Reg. 753, 
     January 4, 2001); or
       (ii) a group of homes and other structures with basic 
     infrastructure and services (such as utilities and 
     collectively maintained transportation routes) within or 
     adjacent to Federal land;
       (B) in which conditions are conducive to a large-scale 
     wildland fire disturbance event; and
       (C) for which a significant threat to human life or 
     property exists as a result of a wildland fire disturbance 
     event.
       (2) Authorized hazardous fuel reduction project.--The term 
     ``authorized hazardous fuel reduction project'' means the 
     measures and methods described in the definition of 
     ``appropriate tools'' contained in the glossary of the 
     Implementation Plan, on Federal land described in section 
     102(a) and conducted under sections 103 and 104.
       (3) Community wildfire protection plan.--The term 
     ``community wildfire protection plan'' means a plan for an 
     at-risk community that--
       (A) is developed within the context of the collaborative 
     agreements and the guidance established by the Wildland Fire 
     Leadership Council and agreed to by the applicable local 
     government, local fire department, and State agency 
     responsible for forest management, in consultation with 
     interested parties and the Federal land management agencies 
     managing land in the vicinity of the at-risk community;
       (B) identifies and prioritizes areas for hazardous fuel 
     reduction treatments and recommends the types and methods of 
     treatment on Federal and non-Federal land that will protect 1 
     or more at-risk communities and essential infrastructure; and
       (C) recommends measures to reduce structural ignitability 
     throughout the at-risk community.
       (4) Condition class 2.--The term ``condition class 2'', 
     with respect to an area of Federal land, means the condition 
     class description developed by the Forest Service Rocky 
     Mountain Research Station in the general technical report 
     entitled ``Development of Coarse-Scale Spatial Data for 
     Wildland Fire and Fuel Management'' (RMRS-87), dated April 
     2000 (including any subsequent revision to the report), under 
     which--
       (A) fire regimes on the land have been moderately altered 
     from historical ranges;
       (B) there exists a moderate risk of losing key ecosystem 
     components from fire;
       (C) fire frequencies have increased or decreased from 
     historical frequencies by 1 or more return intervals, 
     resulting in moderate changes to--
       (i) the size, frequency, intensity, or severity of fires; 
     or
       (ii) landscape patterns; and
       (D) vegetation attributes have been moderately altered from 
     the historical range of the attributes.
       (5) Condition class 3.--The term ``condition class 3'', 
     with respect to an area of Federal land, means the condition 
     class description developed by the Rocky Mountain Research 
     Station in the general technical report referred to in 
     paragraph (4) (including any subsequent revision to the 
     report), under which--
       (A) fire regimes on land have been significantly altered 
     from historical ranges;
       (B) there exists a high risk of losing key ecosystem 
     components from fire;
       (C) fire frequencies have departed from historical 
     frequencies by multiple return intervals, resulting in 
     dramatic changes to--
       (i) the size, frequency, intensity, or severity of fires; 
     or
       (ii) landscape patterns; and
       (D) vegetation attributes have been significantly altered 
     from the historical range of the attributes.

[[Page H11687]]

       (6) Day.--The term ``day'' means--
       (A) a calendar day; or
       (B) if a deadline imposed by this title would expire on a 
     nonbusiness day, the end of the next business day.
       (7) Decision document.--The term ``decision document'' 
     means--
       (A) a decision notice (as that term is used in the Forest 
     Service Handbook);
       (B) a decision record (as that term is used in the Bureau 
     of Land Management Handbook); and
       (C) a record of decision (as that term is used in 
     applicable regulations of the Council on Environmental 
     Quality).
       (8) Fire regime i.--The term ``fire regime I'' means an 
     area--
       (A) in which historically there have been low-severity 
     fires with a frequency of 0 through 35 years; and
       (B) that is located primarily in low elevation forests of 
     pine, oak, or pinyon juniper.
       (9) Fire regime ii.--The term ``fire regime II'' means an 
     area--
       (A) in which historically there are stand replacement 
     severity fires with a frequency of 0 through 35 years; and
       (B) that is located primarily in low- to mid-elevation 
     rangeland, grassland, or shrubland.
       (10) Fire regime iii.--The term ``fire regime III'' means 
     an area--
       (A) in which historically there are mixed severity fires 
     with a frequency of 35 through 100 years; and
       (B) that is located primarily in forests of mixed conifer, 
     dry Douglas fir, or wet Ponderosa pine.
       (11) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan for the Comprehensive Strategy 
     for a Collaborative Approach for Reducing Wildland Fire Risks 
     to Communities and the Environment, dated May 2002, developed 
     pursuant to the conference report to accompany the Department 
     of the Interior and Related Agencies Appropriations Act, 2001 
     (House Report 106-64) (and subsequent revisions).
       (12) Municipal water supply system.--The term ``municipal 
     water supply system'' means the reservoirs, canals, ditches, 
     flumes, laterals, pipes, pipelines, and other surface 
     facilities and systems constructed or installed for the 
     collection, impoundment, storage, transportation, or 
     distribution of drinking water.
       (13) Resource management plan.--The term ``resource 
     management plan'' means--
       (A) a land and resource management plan prepared for 1 or 
     more units of land of the National Forest System described in 
     section 3(1)(A) under section 6 of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or
       (B) a land use plan prepared for 1 or more units of the 
     public land described in section 3(1)(B) under section 202 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712).
       (14) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to land of 
     the National Forest System described in section 3(1)(A); and
       (B) the Secretary of the Interior, with respect to public 
     lands described in section 3(1)(B).
       (15) Threatened and endangered species habitat.--The term 
     ``threatened and endangered species habitat'' means Federal 
     land identified in--
       (A) a determination that a species is an endangered species 
     or a threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (B) a designation of critical habitat of the species under 
     that Act; or
       (C) a recovery plan prepared for the species under that 
     Act.
       (16) Wildland-urban interface.--The term ``wildland-urban 
     interface'' means--
       (A) an area within or adjacent to an at-risk community that 
     is identified in recommendations to the Secretary in a 
     community wildfire protection plan; or
       (B) in the case of any area for which a community wildfire 
     protection plan is not in effect--
       (i) an area extending 1/2-mile from the boundary of an at-
     risk community;
       (ii) an area within 1\1/2\ miles of the boundary of an at-
     risk community, including any land that--

       (I) has a sustained steep slope that creates the potential 
     for wildfire behavior endangering the at-risk community;
       (II) has a geographic feature that aids in creating an 
     effective fire break, such as a road or ridge top; or
       (III) is in condition class 3, as documented by the 
     Secretary in the project-specific environmental analysis; and

       (iii) an area that is adjacent to an evacuation route for 
     an at-risk community that the Secretary determines, in 
     cooperation with the at-risk community, requires hazardous 
     fuel reduction to provide safer evacuation from the at-risk 
     community.

     SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.

       (a) Authorized Projects.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall implement 
     authorized hazardous fuel reduction projects, consistent with 
     the Implementation Plan, on--
       (1) Federal land in wildland-urban interface areas;
       (2) condition class 3 Federal land, in such proximity to a 
     municipal water supply system or a stream feeding such a 
     system within a municipal watershed that a significant risk 
     exists that a fire disturbance event would have adverse 
     effects on the water quality of the municipal water supply or 
     the maintenance of the system, including a risk to water 
     quality posed by erosion following such a fire disturbance 
     event;
       (3) condition class 2 Federal land located within fire 
     regime I, fire regime II, or fire regime III, in such 
     proximity to a municipal water supply system or a stream 
     feeding such a system within a municipal watershed that a 
     significant risk exists that a fire disturbance event would 
     have adverse effects on the water quality of the municipal 
     water supply or the maintenance of the system, including a 
     risk to water quality posed by erosion following such a fire 
     disturbance event;
       (4) Federal land on which windthrow or blowdown, ice storm 
     damage, the existence of an epidemic of disease or insects, 
     or the presence of such an epidemic on immediately adjacent 
     land and the imminent risk it will spread, poses a 
     significant threat to an ecosystem component, or forest or 
     rangeland resource, on the Federal land or adjacent non-
     Federal land; and
       (5) Federal land not covered by paragraphs (1) through (4) 
     that contains threatened and endangered species habitat, if--
       (A) natural fire regimes on that land are identified as 
     being important for, or wildfire is identified as a threat 
     to, an endangered species, a threatened species, or habitat 
     of an endangered species or threatened species in a species 
     recovery plan prepared under section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533), or a notice published 
     in the Federal Register determining a species to be an 
     endangered species or a threatened species or designating 
     critical habitat;
       (B) the authorized hazardous fuel reduction project will 
     provide enhanced protection from catastrophic wildfire for 
     the endangered species, threatened species, or habitat of the 
     endangered species or threatened species; and
       (C) the Secretary complies with any applicable guidelines 
     specified in any management or recovery plan described in 
     subparagraph (A).
       (b) Relation to Agency Plans.--An authorized hazardous fuel 
     reduction project shall be conducted consistent with the 
     resource management plan and other relevant administrative 
     policies or decisions applicable to the Federal land covered 
     by the project.
       (c) Acreage Limitation.--Not more than a total of 
     20,000,000 acres of Federal land may be treated under 
     authorized hazardous fuel reduction projects.
       (d) Exclusion of Certain Federal Land.--The Secretary may 
     not conduct an authorized hazardous fuel reduction project 
     that would occur on--
       (1) a component of the National Wilderness Preservation 
     System;
       (2) Federal land on which the removal of vegetation is 
     prohibited or restricted by Act of Congress or Presidential 
     proclamation (including the applicable implementation plan); 
     or
       (3) a Wilderness Study Area.
       (e) Old Growth Stands.--
       (1) Definitions.--In this subsection and subsection (f):
       (A) Applicable period.--The term ``applicable period'' 
     means--
       (i) the 2-year period beginning on the date of enactment of 
     this Act; or
       (ii) in the case of a resource management plan that the 
     Secretary is in the process of revising as of the date of 
     enactment of this Act, the 3-year period beginning on the 
     date of enactment of this Act.
       (B) Covered project.--The term ``covered project'' means an 
     authorized hazardous fuel reduction project carried out on 
     land described in paragraph (1), (2), (3), or (5) of 
     subsection (a).
       (C) Management direction.--The term ``management 
     direction'' means definitions, designations, standards, 
     guidelines, goals, or objectives established for an old 
     growth stand under a resource management plan developed in 
     accordance with applicable law, including section 6(g)(3)(B) 
     of the Forest and Rangeland Renewable Resources Planning Act 
     of 1974 (16 U.S.C. 1604(g)(3)(B)).
       (D) Old growth stand.--The term ``old growth stand'' has 
     the meaning given the term under management direction used 
     pursuant to paragraphs (3) and (4), based on the structure 
     and composition characteristic of the forest type, and in 
     accordance with applicable law, including section 6(g)(3)(B) 
     of the Forest and Rangeland Renewable Resources Planning Act 
     of 1974 (16 U.S.C. 1604(g)(3)(B)).
       (2) Project requirements.--In carrying out a covered 
     project, the Secretary shall fully maintain, or contribute 
     toward the restoration of, the structure and composition of 
     old growth stands according to the pre-fire suppression old 
     growth conditions characteristic of the forest type, taking 
     into account the contribution of the stand to landscape fire 
     adaptation and watershed health, and retaining the large 
     trees contributing to old growth structure.
       (3) Newer management direction.--
       (A) In general.--If the management direction for an old 
     growth stand was established on or after December 15, 1993, 
     the Secretary shall meet the requirements of paragraph (2) in 
     carrying out a covered project by implementing the management 
     direction.
       (B) Amendments or revisions.--Any amendment or revision to 
     management direction for which final administrative approval 
     is granted after the date of enactment of this Act shall be 
     consistent with paragraph (2) for the purpose of carrying out 
     covered projects.
       (4) Older management direction.--
       (A) In general.--If the management direction for an old 
     growth stand was established before December 15, 1993, the 
     Secretary shall meet the requirements of paragraph (2) in 
     carrying out a covered project during the applicable period 
     by implementing the management direction.
       (B) Review required.--Subject to subparagraph (C), during 
     the applicable period for management direction referred to in 
     subparagraph (A), the Secretary shall--
       (i) review the management direction for affected covered 
     projects, taking into account any

[[Page H11688]]

     relevant scientific information made available since the 
     adoption of the management direction; and
       (ii) amend the management direction for affected covered 
     projects to be consistent with paragraph (2), if necessary to 
     reflect relevant scientific information the Secretary did not 
     consider in formulating the management direction.
       (C) Review not completed.--If the Secretary does not 
     complete the review of the management direction in accordance 
     with subparagraph (B) before the end of the applicable 
     period, the Secretary shall not carry out any portion of 
     affected covered projects in stands that are identified as 
     old growth stands (based on substantial supporting evidence) 
     by any person during scoping, within the period--
       (i) beginning at the close of the applicable period for the 
     management direction governing the affected covered projects; 
     and
       (ii) ending on the earlier of--

       (I) the date the Secretary completes the action required by 
     subparagraph (B) for the management direction applicable to 
     the affected covered projects; or
       (II) the date on which the acreage limitation specified in 
     subsection (c) (as that limitation may be adjusted by a 
     subsequent Act of Congress) is reached.

       (5) Limitation to covered projects.--Nothing in this 
     subsection requires the Secretary to revise or otherwise 
     amend a resource management plan to make the project 
     requirements of paragraph (2) apply to an activity other than 
     a covered project.
       (f) Large Tree Retention.--
       (1) In general.--Except in old growth stands where the 
     management direction is consistent with subsection (e)(2), 
     the Secretary shall carry out a covered project in a manner 
     that--
       (A) focuses largely on small diameter trees, thinning, 
     strategic fuel breaks, and prescribed fire to modify fire 
     behavior, as measured by the projected reduction of 
     uncharacteristically severe wildfire effects for the forest 
     type (such as adverse soil impacts, tree mortality or other 
     impacts); and
       (B) maximizes the retention of large trees, as appropriate 
     for the forest type, to the extent that the trees promote 
     fire-resilient stands.
       (2) Wildfire risk.--Nothing in this subsection prevents 
     achievement of the purposes described in section 2(1).
       (g) Monitoring and Assessing Forest and Rangeland Health.--
       (1) In general.--For each Forest Service administrative 
     region and each Bureau of Land Management State Office, the 
     Secretary shall--
       (A) monitor the results of a representative sample of the 
     projects authorized under this title for each management 
     unit; and
       (B) not later than 5 years after the date of enactment of 
     this Act, and each 5 years thereafter, issue a report that 
     includes--
       (i) an evaluation of the progress towards project goals; 
     and
       (ii) recommendations for modifications to the projects and 
     management treatments.
       (2) Consistency of projects with recommendations.--An 
     authorized hazardous fuel reduction project approved 
     following the issuance of a monitoring report shall, to the 
     maximum extent practicable, be consistent with any applicable 
     recommendations in the report.
       (3) Similar vegetation types.--The results of a monitoring 
     report shall be made available for use (if appropriate) in an 
     authorized hazardous fuels reduction project conducted in a 
     similar vegetation type on land under the jurisdiction of the 
     Secretary.
       (4) Monitoring and assessments.--Monitoring and assessment 
     shall include a description of the changes in condition 
     class, using the Fire Regime Condition Class Guidebook or 
     successor guidance, specifically comparing end results to--
       (A) pretreatment conditions;
       (B) historical fire regimes; and
       (C) any applicable watershed or landscape goals or 
     objectives in the resource management plan or other relevant 
     direction.
       (5) Multiparty monitoring.--
       (A) In general.--In an area where significant interest is 
     expressed in multiparty monitoring, the Secretary shall 
     establish a multiparty monitoring, evaluation, and 
     accountability process in order to assess the positive or 
     negative ecological and social effects of authorized 
     hazardous fuel reduction projects and projects conducted 
     pursuant to section 404.
       (B) Diverse stakeholders.--The Secretary shall include 
     diverse stakeholders (including interested citizens and 
     Indian tribes) in the process required under subparagraph 
     (A).
       (C) Funding.--Funds to carry out this paragraph may be 
     derived from operations funds for projects described in 
     subparagraph (A).
       (6) Collection of monitoring data.--The Secretary may 
     collect monitoring data by entering into cooperative 
     agreements or contracts with, or providing grants to, small 
     or micro-businesses, cooperatives, nonprofit organizations, 
     Youth Conservation Corps work crews, or related State, local, 
     and other non-Federal conservation corps.
       (7) Tracking.--For each administrative unit, the Secretary 
     shall track acres burned, by the degree of severity, by large 
     wildfires (as defined by the Secretary).
       (8) Monitoring and maintenance of treated areas.--The 
     Secretary shall, to the maximum extent practicable, develop a 
     process for monitoring the need for maintenance of treated 
     areas, over time, in order to preserve the forest health 
     benefits achieved.

     SEC. 103. PRIORITIZATION.

       (a) In General.--In accordance with the Implementation 
     Plan, the Secretary shall develop an annual program of work 
     for Federal land that gives priority to authorized hazardous 
     fuel reduction projects that provide for the protection of 
     at-risk communities or watersheds or that implement community 
     wildfire protection plans.
       (b) Collaboration.--
       (1) In general.--The Secretary shall consider 
     recommendations under subsection (a) that are made by at-risk 
     communities that have developed community wildfire protection 
     plans.
       (2) Exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the planning process and 
     recommendations concerning community wildfire protection 
     plans.
       (c) Administration.--
       (1) In general.--Federal agency involvement in developing a 
     community wildfire protection plan, or a recommendation made 
     in a community wildfire protection plan, shall not be 
     considered a Federal agency action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Compliance.--In implementing authorized hazardous fuel 
     reduction projects on Federal land, the Secretary shall, in 
     accordance with section 104, comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Funding Allocation.--
       (1) Federal land.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall use not less than 50 percent of the funds allocated for 
     authorized hazardous fuel reduction projects in the wildland-
     urban interface.
       (B) Applicability and allocation.--The funding allocation 
     in subparagraph (A) shall apply at the national level. The 
     Secretary may allocate the proportion of funds differently 
     than is required under subparagraph (A) within individual 
     management units as appropriate, in particular to conduct 
     authorized hazardous fuel reduction projects on land 
     described in section 102(a)(4).
       (C) Wildland-urban interface.--In the case of an authorized 
     hazardous fuel reduction project for which a decision notice 
     is issued during the 1-year period beginning on the date of 
     enactment of this Act, the Secretary shall use existing 
     definitions of the term ``wildland-urban interface'' rather 
     than the definition of that term provided under section 101.
       (2) Non-federal land.--
       (A) In general.--In providing financial assistance under 
     any provision of law for hazardous fuel reduction projects on 
     non-Federal land, the Secretary shall consider 
     recommendations made by at-risk communities that have 
     developed community wildfire protection plans.
       (B) Priority.--In allocating funding under this paragraph, 
     the Secretary should, to the maximum extent practicable, give 
     priority to communities that have adopted a community 
     wildfire protection plan or have taken proactive measures to 
     encourage willing property owners to reduce fire risk on 
     private property.

     SEC. 104. ENVIRONMENTAL ANALYSIS.

       (a) Authorized Hazardous Fuel Reduction Projects.--Except 
     as otherwise provided in this title, the Secretary shall 
     conduct authorized hazardous fuel reduction projects in 
     accordance with--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4331 et seq.); and
       (2) other applicable laws.
       (b) Environmental Assessment or Environmental 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 fuel 
     reduction project.
       (c) Consideration of Alternatives.--
       (1) In general.--Except as provided in subsection (d), in 
     the environmental assessment or environmental impact 
     statement prepared under subsection (b), the Secretary shall 
     study, develop, and describe--
       (A) the proposed agency action;
       (B) the alternative of no action; and
       (C) an additional action alternative, if the additional 
     alternative--
       (i) is proposed during scoping or the collaborative process 
     under subsection (f); and
       (ii) meets the purpose and need of the project, in 
     accordance with regulations promulgated by the Council on 
     Environmental Quality.
       (2) Multiple additional alternatives.--If more than 1 
     additional alternative is proposed under paragraph (1)(C), 
     the Secretary shall--
       (A) select which additional alternative to consider, which 
     is a choice that is in the sole discretion of the Secretary; 
     and
       (B) provide a written record describing the reasons for the 
     selection.
       (d) Alternative Analysis Process for Projects in Wildland-
     Urban Interface.--
       (1) Proposed agency action and 1 action alternative.--For 
     an authorized hazardous fuel reduction project that is 
     proposed to be conducted in the wildland-urban interface, the 
     Secretary is not required to study, develop, or describe more 
     than the proposed agency action and 1 action alternative in 
     the environmental assessment or environmental impact 
     statement prepared pursuant to section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
       (2) Proposed agency action.--Notwithstanding paragraph (1), 
     but subject to paragraph (3), if an authorized hazardous fuel 
     reduction project proposed to be conducted in the wildland-
     urban interface is located no further than 1\1/2\ miles from 
     the boundary of an at-risk community, 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 pursuant to 
     section 102(2) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)).
       (3) Proposed agency action and community wildfire 
     protection plan alternative.--In

[[Page H11689]]

     the case of an authorized hazardous fuel reduction project 
     described in paragraph (2), if the at-risk community has 
     adopted a community wildfire protection plan and the proposed 
     agency action does not implement the recommendations in the 
     plan regarding the general location and basic method of 
     treatments, the Secretary shall evaluate the recommendations 
     in the plan as an alternative to the proposed agency action 
     in the environmental assessment or environmental impact 
     statement prepared pursuant to section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
       (e) Public Notice and Meeting.--
       (1) Public notice.--The Secretary shall provide notice of 
     each authorized hazardous fuel reduction project in 
     accordance with applicable regulations and administrative 
     guidelines.
       (2) Public meeting.--During the preparation stage of each 
     authorized hazardous fuel reduction project, the Secretary 
     shall--
       (A) conduct a public meeting at an appropriate location 
     proximate to the administrative unit of the Federal land on 
     which the authorized hazardous fuel reduction project will be 
     conducted; and
       (B) provide advance notice of the location, date, and time 
     of the meeting.
       (f) Public Collaboration.--In order to encourage meaningful 
     public participation during preparation of authorized 
     hazardous fuel reduction projects, the Secretary shall 
     facilitate collaboration among State and local governments 
     and Indian tribes, and participation of interested persons, 
     during the preparation of each authorized fuel reduction 
     project in a manner consistent with the Implementation Plan.
       (g) Environmental Analysis and Public Comment.--In 
     accordance with section 102(2) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable 
     regulations and administrative guidelines, the Secretary 
     shall provide an opportunity for public comment during the 
     preparation of any environmental assessment or environmental 
     impact statement for an authorized hazardous fuel reduction 
     project.
       (h) Decision Document.--The Secretary shall sign a decision 
     document for authorized hazardous fuel reduction projects and 
     provide notice of the final agency actions.

     SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.

       (a) Interim Final Regulations.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Agriculture shall 
     promulgate interim final regulations to establish a 
     predecisional administrative review process for the period 
     described in paragraph (2) that will serve as the sole means 
     by which a person can seek administrative review regarding an 
     authorized hazardous fuel reduction project on Forest Service 
     land.
       (2) Period.--The predecisional administrative review 
     process required under paragraph (1) shall occur during the 
     period--
       (A) beginning after the completion of the environmental 
     assessment or environmental impact statement; and
       (B) ending not later than the date of the issuance of the 
     final decision approving the project.
       (3) Eligibility.--To be eligible to participate in the 
     administrative review process for an authorized hazardous 
     fuel reduction project under paragraph (1), a person shall 
     submit to the Secretary, during scoping or the public comment 
     period for the draft environmental analysis for the project, 
     specific written comments that relate to the proposed action.
       (4) Effective date.--The interim final regulations 
     promulgated under paragraph (1) shall take effect on the date 
     of promulgation of the regulations.
       (b) Final Regulations.--The Secretary shall promulgate 
     final regulations to establish the process described in 
     subsection (a)(1) after the interim final regulations have 
     been published and reasonable time has been provided for 
     public comment.
       (c) Administrative Review.--
       (1) In general.--A person may bring a civil action 
     challenging an authorized hazardous fuel reduction project in 
     a Federal district court only if the person has challenged 
     the authorized hazardous fuel reduction project by 
     exhausting--
       (A) the administrative review process established by the 
     Secretary of Agriculture under this section; or
       (B) the administrative hearings and appeals procedures 
     established by the Department of the Interior.
       (2) Issues.--An issue may be considered in the judicial 
     review of an action under section 106 only if the issue was 
     raised in an administrative review process described in 
     paragraph (1).
       (3) Exception.--
       (A) In general.--An exception to the requirement of 
     exhausting the administrative review process before seeking 
     judicial review shall be available if a Federal court finds 
     that the futility or inadequacy exception applies to a 
     specific plaintiff or claim.
       (B) Information.--If an agency fails or is unable to make 
     information timely available during the administrative review 
     process, a court should evaluate whether the administrative 
     review process was inadequate for claims or issues to which 
     the information is material.

     SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.

       (a) Venue.--Notwithstanding section 1391 of title 28, 
     United States Code, or other applicable law, an authorized 
     hazardous fuels reduction project conducted under this title 
     shall be subject to judicial review only in the United States 
     district court for a district in which the Federal land to be 
     treated under the authorized hazardous fuels reduction 
     project is located.
       (b) Expeditious Completion of Judicial Review.--In the 
     judicial review of an action challenging an authorized 
     hazardous fuel reduction project under subsection (a), 
     Congress encourages a court of competent jurisdiction to 
     expedite, to the maximum extent practicable, the proceedings 
     in the action with the goal of rendering a final 
     determination on jurisdiction, and (if jurisdiction exists) a 
     final determination on the merits, as soon as practicable 
     after the date on which a complaint or appeal is filed to 
     initiate the action.
       (c) Injunctions.--
       (1) In general.--Subject to paragraph (2), the length of 
     any preliminary injunctive relief and stays pending appeal 
     covering an authorized hazardous fuel reduction project 
     carried out under this title shall not exceed 60 days.
       (2) Renewal.--
       (A) In general.--A court of competent jurisdiction may 
     issue 1 or more renewals of any preliminary injunction, or 
     stay pending appeal, granted under paragraph (1).
       (B) Updates.--In each renewal of an injunction in an 
     action, the parties to the action shall present the court 
     with updated information on the status of the authorized 
     hazardous fuel reduction project.
       (3) Balancing of short- and long-term effects.--As part of 
     its weighing the equities while considering any request for 
     an injunction that applies to an agency action under an 
     authorized hazardous fuel reduction project, the court 
     reviewing the project shall balance the impact to the 
     ecosystem likely affected by the project of--
       (A) the short- and long-term effects of undertaking the 
     agency action; against
       (B) the short- and long-term effects of not undertaking the 
     agency action.

     SEC. 107. EFFECT OF TITLE.

       (a) Other Authority.--Nothing in this title affects, or 
     otherwise biases, the use by the Secretary of other statutory 
     or administrative authority (including categorical exclusions 
     adopted to implement the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel 
     reduction project on Federal land (including Federal land 
     identified in section 102(d)) that is not conducted using the 
     process authorized by section 104.
       (b) National Forest System.--For projects and activities of 
     the National Forest System other than authorized hazardous 
     fuel reduction projects, nothing in this title affects, or 
     otherwise biases, the notice, comment, and appeal procedures 
     for projects and activities of the National Forest System 
     contained in part 215 of title 36, Code of Federal 
     Regulations, or the consideration or disposition of any legal 
     action brought with respect to the procedures.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $760,000,000 for 
     each fiscal year to carry out--
       (1) activities authorized by this title; and
       (2) other hazardous fuel reduction activities of the 
     Secretary, including making grants to States, local 
     governments, Indian tribes, and other eligible recipients for 
     activities authorized by law.
                           TITLE II--BIOMASS

     SEC. 201. IMPROVED BIOMASS USE RESEARCH PROGRAM.

       (a) Uses of Grants, Contracts, and Assistance.--Section 
     307(d) of the Biomass Research and Development Act of 2000 (7 
     U.S.C. 7624 note; Public Law 106-224) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(5) research to integrate silviculture, harvesting, 
     product development, processing information, and economic 
     evaluation to provide the science, technology, and tools to 
     forest managers and community developers for use in 
     evaluating forest treatment and production alternatives, 
     including--
       ``(A) to develop tools that would enable land managers, 
     locally or in a several-State region, to estimate--
       ``(i) the cost to deliver varying quantities of wood to a 
     particular location; and
       ``(ii) the amount that could be paid for stumpage if 
     delivered wood was used for a specific mix of products;
       ``(B) to conduct research focused on developing appropriate 
     thinning systems and equipment designs that are--
       ``(i) capable of being used on land without significant 
     adverse effects on the land;
       ``(ii) capable of handling large and varied landscapes;
       ``(iii) adaptable to handling a wide variety of tree sizes;
       ``(iv) inexpensive; and
       ``(v) adaptable to various terrains; and
       ``(C) to develop, test, and employ in the training of 
     forestry managers and community developers curricula 
     materials and training programs on matters described in 
     subparagraphs (A) and (B).''.
       (b) Funding.--Section 310(b) of the Biomass Research and 
     Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-
     224) is amended by striking ``$49,000,000'' and inserting 
     ``$54,000,000''.

     SEC. 202. 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--

[[Page H11690]]

       ``(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.''.

     SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.

       (a) In General.--In addition to any other authority of the 
     Secretary of Agriculture to make grants to a person that owns 
     or operates a facility that uses biomass as a raw material to 
     produce electric energy, sensible heat, transportation fuel, 
     or substitutes for petroleum-based products, the Secretary 
     may make grants to a person that owns or operates a facility 
     that uses biomass for wood-based products or other commercial 
     purposes to offset the costs incurred to purchase biomass.
       (b) 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.
                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 and (where 
     appropriate) through the Cooperative State Research, 
     Education, and Extension Service, may provide technical, 
     financial, and related assistance to State foresters, 
     equivalent State officials, or Cooperative Extension 
     officials at land grant colleges and universities and 1890 
     institutions 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 or equivalent State officials, shall engage 
     interested members of the public, including nonprofit 
     organizations and local watershed councils, to develop a 
     program of technical assistance to protect water quality 
     described in paragraph (2).
       ``(2) Purpose of program.--The program under this 
     subsection shall be designed--
       ``(A) to build and strengthen watershed partnerships that 
     focus on forested landscapes at the State, regional, and 
     local levels;
       ``(B) to provide State forestry best-management practices 
     and water quality technical assistance directly to owners of 
     nonindustrial private forest land;
       ``(C) to provide technical guidance to land managers and 
     policymakers for water quality protection through forest 
     management;
       ``(D) to complement State and local efforts to protect 
     water quality and provide enhanced opportunities for 
     consultation and cooperation among Federal and State agencies 
     charged with responsibility for water and watershed 
     management; and
       ``(E) to provide enhanced forest resource data and support 
     for improved implementation and monitoring of State forestry 
     best-management practices.
       ``(3) Implementation.--In the case of a participating 
     State, the program of technical assistance shall be 
     implemented by State foresters or equivalent State officials.
       ``(d) Watershed Forestry Cost-Share Program.--
       ``(1) In general.--The Secretary shall establish a 
     watershed forestry cost-share program--
       ``(A) which shall be--
       ``(i) administered by the Forest Service; and
       ``(ii) implemented by State foresters or equivalent State 
     officials in participating States; and
       ``(B) under which funds or other support provided to 
     participating States shall be made available for State 
     forestry best-management practices programs and watershed 
     forestry projects.
       ``(2) Watershed forestry projects.--The State forester, an 
     equivalent State official of a participating State, or a 
     Cooperative Extension official at a land grant college or 
     university or 1890 institution, 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''),

[[Page H11691]]

     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 in cooperation with 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 in the field 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 information gathering and research purposes.
       (B) Inclusions.--The term ``applied silvicultural 
     assessment'' includes 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

[[Page H11692]]

       (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 easement; or
       (C) an easement of not more than 99 years.
       (2) Proportion.--The extent to which each enrollment method 
     is used shall be based on the approximate proportion of owner 
     interest expressed in that method in comparison to the other 
     methods.
       (g) Enrollment Priority.--
       (1) Species.--The Secretary of Agriculture shall give 
     priority to the enrollment of land that provides the greatest 
     conservation benefit to--
       (A) primarily, species listed as endangered or threatened 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       (B) secondarily, species that--
       (i) are not listed as endangered or threatened under 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533); but
       (ii) are candidates for such listing, State-listed species, 
     or special concern species.
       (2) Cost-effectiveness.--The Secretary of Agriculture shall 
     also consider the cost-effectiveness of each agreement or 
     easement, and associated restoration plans, so as to maximize 
     the environmental benefits per dollar expended.

     SEC. 503. RESTORATION PLANS.

       (a) In General.--Land enrolled in the healthy forests 
     reserve program shall be subject to a restoration plan, to be 
     developed jointly by the landowner and the Secretary of 
     Agriculture, in coordination with the Secretary of Interior.
       (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) Easements of Not More Than 99 Years.--In the case of 
     land enrolled in the healthy forests reserve program using an 
     easement of not more than 99 years described in section 
     502(f)(1)(C), the Secretary of Agriculture shall pay the 
     owner of the land an amount equal to not less than 75 
     percent, nor more than 100 percent, of (as determined by the 
     Secretary)--
       (1) the fair market value of the enrolled land during the 
     period the land is subject to the easement, less the fair 
     market value of the land encumbered by the easement; and
       (2) the actual costs of the approved conservation practices 
     or the average cost of approved practices carried out on the 
     land during the period in which the land is subject to the 
     easement.
       (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 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 easement; 
     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 
     or 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,

[[Page H11693]]

     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--MISCELLANEOUS

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

       (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--
       (1) in units of the National Forest System (other than 
     those units created from the public domain); and
       (2) on private forest land, with the consent of the owner 
     of the land.
       (b) 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, 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.
       (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--
       (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.
       (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.
         That the House recede from its disagreement to the 
     amendment of the Senate to the title of the bill, and agree 
     to the same.
         And the Senate agree to the same.

     From the Committee on Agriculture, for consideration of the 
     House bill and the Senate amendments, and modifications 
     committee to conference:
     Bob Goodlatte,
     John Boehner,
     William L. Jenkins,
     Gil Gutknecht,
     Robin Hayes,
     Charlie Stenholm,
     Collin C. Peterson,
     Cal Dooley,
     From the Committee on Resources, for consideration of the 
     House bill and the Senate amendments, and modifications 
     committed to conference:
     Richard Pombo,
     Scott McInnis,
     Greg Walden,
     Rick Renzi,
     From the Committee on the Judiciary, for consideration of 
     sections 106 and 107 of the House bill, and sections 105, 
     106, 1115, and 1116 of the Senate amendment and modifications 
     committed to conference:
     F. James Sensenbrenner, Jr.,
     Lamar Smith,
                                Managers on the Part of the House.

     Thad Cochran,
     Mitch McConnell,
     Michael Crapo,
     Pete V. Domenici,
     Tom Daschle,
                                Manager on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERNCE

       The Managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 1904), 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, submit the following joint statement to the House 
     and the Senate in explanation of the effect of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendments struck out all of the text of the 
     House bill after the enacting clause and inserted a 
     substitute text and a new title.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment which is a substitute for the 
     House bill and the Senate amendment. The House also recedes 
     from its disagreement to the amendment of the Senate to the 
     title of the bill. The differences between the House bill, 
     the Senate amendment, and the substitute agreed to in 
     conference are noted below, except for clerical corrections, 
     conforming changes made necessary by agreements reached by 
     the conferees, and minor drafting and clarifying changes.


                     SHORT TITLE: TABLE OF CONTENTS

     (1) Short Title
       The House bill cites that this Act may be cited as 
     ``Healthy Forests Restoration Act of 2003'' and lists the 
     table of contents. (Section 1)
       The Senate amendment has an identical short title and 
     differences in the table of contents that reflect the Senate 
     amendment. (Section 1)
       The Conference substitute adopted the House provision with 
     an amendment to conform the table of contents to the 
     conference agreement. (Section 1)
     (2) Purpose
       The House bill lists the purposes of this Act, including: 
     to reduce the risks of damage to communities, municipal water 
     supplies and federal lands from catastrophic wildfire; to 
     authorize grant programs to improve the commercial value of 
     forest biomass; to enhance efforts to protect watersheds and 
     address threats to forest and rangeland health; to promote 
     systematic information gathering to address the impacts of 
     insect infestation on forest and rangeland health; to improve 
     the capacity to detect insect and disease infestations at an 
     early stage; and to benefit threatened and endangered 
     species, improve biological diversity and enhance carbon 
     sequestration. (Section 2)
       The Senate amendment contains similar purposes with only 
     technical and clarifying changes. (Section 2)
       The Conference substitute adopts the Senate provision with 
     an amendment that reflects changes made necessary by 
     deletions from the bill. (Section 2)


           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

     (1) Definitions
       The House bill defines terms necessary for implementation 
     of the bill, including: interface community and intermix 
     community; authorized hazardous fuel reduction project; 
     condition class 2; condition class 3; day; decision document; 
     Federal land; implementation plan; municipal water supply 
     system; Secretary concerned; threatened and endangered 
     species habitat. (Section 101)
       The Senate amendment defines the same terms as the House 
     bill with only technical differences, and defines additional 
     terms, including: at-risk community; community wildfire 
     protection plan; fire regime i, ii, and iii; Indian tribe; 
     resource management plan; and Wildland-urban interface. 
     (Sections 3, 101)
       The Conference substitute [adopts the Senate provisions, 
     with an amendment to modify the definition of wildland-urban 
     interface. (Sections 3, 101)]
     (2) Authorized Hazardous Fuel Reduction Projects
       The House bill allows for authorized hazardous fuels 
     reduction projects on federal lands that (1) are located in 
     an interface or intermix community; (2) are located in 
     proximity to such communities; (3) are condition class 3 or 2 
     and located in proximity to a municipal water supply (or a 
     perennial stream, including rivers and other permanent 
     natural flowing water sources feeding a municipal water 
     supply); (4) are condition class 3 or 2 and have been 
     identified as an area where windthrow, blowdown, the 
     existence or threat of disease or insect infestation poses a 
     threat to forest or rangeland health, or (5) contain 
     threatened and endangered species, if: the natural fire 
     regimes are important for, or wildfire is a threat to 
     threatened or endangered species or their habitat; the 
     authorized hazardous fuel reduction project will enhance 
     protection from catastrophic wildfire, and; the Secretary 
     complies with applicable guidelines in any management or 
     recovery plan. (Section 102(a))
       The Senate amendment allows for authorized hazardous fuel 
     reduction projects on federal lands that: (1) are in 
     wildland-urban interface areas, (2) are condition class 3 and 
     located in such proximity to a municipal water supply system 
     or a stream feeding such a system within a municipal 
     watershed that a significant risk exists that a fire 
     disturbance event would have adverse effects on the water 
     quality of the municipal water supply or the maintenance of 
     the system, (3) are condition class 2 within fire regime I, 
     fire regime II or fire regime III and otherwise the same as 
     paragraph (2), (4) are identified as an area where windthrow, 
     blowdown, ice storm damage, or the existence of insects or 
     disease

[[Page H11694]]

     poses a significant threat to an ecosystem component, or 
     forest or rangeland resource on federal land or adjacent non-
     federal land, or (5) contain threatened and endangered 
     species habitat, if: the natural fire regimes are important 
     for, or wildfire is a threat to threatened or endangered 
     species or their habitat; the authorized hazardous fuel 
     reduction project will enhance protection from catastrophic 
     wildfire, and; the Secretary complies with applicable 
     guidelines in any management or recovery plan. (Section 
     102(a))
       The Conference substitute adopts the Senate provision with 
     amendments modifying the definition of wildland-urban 
     interface and that clarify the provision relating to insect 
     and disease infestation. (Section 102(a))
     (3) Agency Plans; Acreage Limitation; Exclusion of Certain 
         Federal Land
       The House bill requires projects to be planned and 
     conducted in a manner consistent with land and resource 
     management plans or an applicable land use plan; limits the 
     acreage available for authorized hazardous fuels reduction 
     projects to 20,000,000 acres; and prohibits authorized 
     hazardous fuels reduction projects on the following 
     federal lands: a component of the National Wilderness 
     Preservation System, federal lands where the removal of 
     vegetation is prohibited or restricted by a Congress or a 
     presidential proclamation, or wilderness study areas. 
     (Section 102(b), (c), and (d))
       The Senate amendment contains similar provisions with only 
     technical differences. (Section 102(b), (c), and (d)).
       The Conference substitute adopts the Senate provisions. 
     (Section 102(b), (c), and (d))
     (4) Old Growth Stands and Large Tree Retention
       The Senate amendment: (Section 102(e), (f))
       Provides direction for projects that may occur within old 
     growth stands;
       Defines a covered project as all authorized hazardous fuel 
     reduction projects except those in an area where windthrow, 
     blowdown, ice storm damage, or the existence of insects or 
     disease poses a significant threat to an ecosystem component 
     (section 102(a)(4));
       Identifies standards for old growth as the definitions, 
     designations, standards, guidelines, goals, or objectives 
     established for an old growth stand under a resource 
     management plan, based on the structure and composition 
     characteristic of the forest type, and in accordance with 
     applicable law;
       Requires the Secretary to fully maintain, or contribute 
     toward the restoration of the structure and composition of 
     structurally complex old growth stands according to the pre-
     fire suppression old growth conditions characteristic of the 
     forest type, while considering the contribution of the stand 
     to landscape fire adaptation and watershed health, and 
     retaining the large trees contributing to old growth 
     structure;
       Provides that old growth standards that are 10 years old or 
     less from the date of enactment of this Act shall be used by 
     the Secretary in carrying out a covered project;
       Requires that any amendment or revision to standards for 
     which final administrative approval is granted after the date 
     of enactment of this Act shall be consistent with the 
     requirement described above;
       Provides that old growth standards established before the 
     10-year period may be used for a 2-year period beginning on 
     the date of enactment of this Act, or if in the process of 
     revising a resource management plan, may be used for a 3-year 
     period;
       Provides that older standards shall be reviewed and 
     revised, if necessary, to reflect relevant information not 
     considered in formulating the resource management plan. If 
     such review is not completed within the appropriate time 
     period, no covered project shall occur in a stand that is 
     identified as an old growth stand (based on substantial 
     supporting evidence) by any person during scoping; and
       Requires that covered projects outside of old growth stands 
     focus largely on small diameter trees, thinning, strategic 
     fuel breaks, and prescribed fire to modify fire behavior, as 
     measured by the projected reduction of uncharacteristically 
     severe wildfire effects; and, maximizes the retention of 
     large trees, as appropriate for the forest type, to the 
     extent that the large trees promote fire-resistant stands.
       The House bill has no comparable provisions.
       The Conference substitute adopts the Senate provisions with 
     an amendment that makes technical and clarifying changes to 
     the old growth provisions; and adds a clause to the large 
     tree retention provision to clarify that such provision is 
     not intended to prevent achieving the purpose in section 
     2(1). (Section 102(e), (f))
       The Managers note that nothing in subsection 102(e) 
     requires resource management plans to be amended.
     (5) Prioritization for Communities
       The House bill directs the Secretary to give priority to 
     authorized hazardous fuel reduction projects that provide for 
     the protection of communities and watersheds as provided for 
     in the implementation plan. (Section 103)
       The Senate amendment: (Section 103)
       Directs the Secretary to develop an annual program of work 
     that gives priority to authorized hazardous fuel reduction 
     projects that provide for protection of at-risk communities 
     or watersheds or that implement community wildfire protection 
     plans;
       Makes the Federal Advisory Committee Act and National 
     Environmental Policy Act inapplicable to Federal involvement 
     in the community wildfire protection plan planning and 
     development process;
       Directs that not less than 50 percent of the funds 
     allocated for authorized hazardous fuel reduction projects 
     shall be used in the wildland-urban interface. Such 
     allocation shall apply at the national level. However, funds 
     may be allocated differently within individual management 
     units as appropriate, in particular to conduct authorized 
     hazardous fuel reduction projects in areas with insects, 
     disease, windthrow, blowdown or ice storm damage.
       In providing financial assistance for authorized hazardous 
     fuel reduction projects on non-federal land, the Secretary 
     shall consider recommendations made by at-risk communities 
     that have developed community wildfire protection plans.
       The Conference substitute adopts the Senate provision with 
     amendments directing the Secretary to: (1) use existing 
     administrative authority to define wildland-urban interface 
     for purposes of authorized hazardous fuel reduction projects 
     for which a decision notice is issued within one year of date 
     of enactment of this Act, and (2) give priority in allocating 
     funding to communities that have adopted wildfire protection 
     plans. (Section 103)
     (6) Environmental Analysis
       The House bill:
       Requires the Secretary to prepare an environmental 
     assessment (EA) or an environmental impact statement (EIS) 
     for any authorized hazardous fuel reduction project; (104(a))
       Gives the Secretary discretionary authority to limit the 
     analysis ordinarily required under the National Environmental 
     Policy Act (`NEPA') to the proposed agency action, meaning 
     the agencies would not be required to analyze and describe a 
     number of different alternatives to the preferred course; 
     (104(b))
       Requires the Secretary to provide notice of authorized 
     hazardous fuel reduction projects and conduct a public 
     meeting during the planning stage; (104(c))
       Requires the Secretary to collaborate among governments and 
     interested persons during the formulation of each authorized 
     fuels reduction project; (104(d))
       Requires the Secretary to allow public input in accordance 
     with NEPA during the preparation of an EA or EIS or an 
     authorized hazardous fuel reduction project; (104(e))
       Requires the Secretary to sign a decision document for each 
     authorized hazardous fuels reduction project and provide 
     notice of that document; (104(f)) and
       Requires the Secretary concerned to monitor the 
     implementation of authorized hazardous fuels reduction 
     projects. (104(g))
       With respect to House bill sections 104 (a), (c), (d), (e), 
     and (f), the Senate amendment contains essentially identical 
     provisions, except for technical differences.
       With respect to House bill section 104(b), the Senate 
     amendment directs the Secretary to prepare an environmental 
     assessment (EA) or an environmental impact statement (EIS) 
     for any authorized hazardous fuel reduction project which 
     describes the proposed action, a no action alternative, and 
     an additional action alternative, if the additional 
     alternative is proposed during scoping or the collaborative 
     process and meets the purpose and need of the project. If 
     more than 1 additional alternative is proposed, the Secretary 
     shall select which additional alternative to consider and 
     provide a written record describing the reasons for the 
     selection. (Section 104(b))
       With respect to House bill section 104(g), the Senate 
     amendment:
       Directs each Forest Service region and BLM State Office to 
     monitor the results of authorized hazardous fuels reduction 
     projects, and submit a report every 5 years that includes an 
     evaluation of the progress towards project goals and 
     recommendations for modifications to the projects and 
     management treatments. It requires monitoring and assessment 
     from a representative sample of authorized hazardous fuel 
     reduction projects for each management unit as to the effects 
     on changes in condition class, fire regime, watershed or 
     landscape goals or objectives in the resource management 
     plan, and requires the Secretary to track acres burned the 
     degree of severity; and develop a process for monitoring the 
     need for maintenance of treated areas, over time, in order to 
     preserve the forest health benefits achieved; and (Section 
     102(g))
       Instructs the Secretary to establish a collaborative 
     monitoring, evaluation, and accountability process in order 
     to assess the positive or negative ecological and social 
     effects of a representative sampling of projects implemented 
     pursuant to title I and section 404 of the Senate amendment, 
     and include diverse stakeholders, including interested 
     citizens and Indian tribes, in the monitoring and evaluation 
     process. (Section 1108)
       With respect to Section 104(b) of the House bill and the 
     Senate amendment, the Conference substitute adopts the Senate 
     provision with an amendment that provides for special 
     expedited environmental analysis processes for hazardous 
     fuels reduction projects within the wildland-urban interface 
     and within 1\1/2\ miles of at risk communities (Section 
     104(d)).
       For projects described in section 104(d)(1) of the 
     Conference substitute, the Managers expect the Secretary to 
     concisely analyze the likely environmental outcomes if the 
     proposed treatment is not implemented.

[[Page H11695]]

       The Managers note that, under subsection 104(c)(2), if more 
     than one additional alternative is proposed during scoping 
     that meets the purpose and need, the Secretary has the 
     discretion to select which additional alternative to 
     consider, and must provide a written record describing the 
     reasons for the selection. The Managers note that the written 
     record could be part of, or separate from, the environmental 
     assessment or environmental impact statement.
       The Managers expect, in carrying out authorized fuel 
     reduction projects under the expedited processes provided by 
     the Act, the Secretary not to neglect obligations under the 
     provisions of section 6(g)(3)(B) of the Forest and Rangeland 
     Renewable Resources Planning Act of 1976 (16 U.S.C. 
     1604(g)(3)(B)).
       With respect to Section 104(g) of the House bill, the 
     Conference substitute: (1) strikes the Senate amendment 
     provision (Section 1108) regarding collaborative monitoring; 
     and (2) adopts the Senate amendment provision (Section 
     102(g)) regarding monitoring with an amendment that allows 
     the Secretary to utilize multiparty monitoring with diverse 
     stakeholders in areas where interest in multiparty monitoring 
     exists. (Section 102(g))
     (7) Administrative Review
       The House bill:
       Directs the Secretary of Agriculture to establish an 
     administrative review process for the Forest Service within 
     90 days after the enactment of this Act that will serve as 
     the sole means by which a person can seek administrative 
     redress regarding an authorized hazardous fuels reduction 
     project; (Section 105(a))
       Limits the administrative process to be developed to 
     persons who have submitted specific and substantive written 
     comments during the preparation stage of the project; and 
     (Section 105(b))
       Clarifies that the Appeals Reform Act relating to USFS 
     administrative appeals does not apply to an authorized 
     hazardous fuels reduction project. (Section 105(c))
       The Senate amendment:
       Directs the Secretary of Agriculture to establish, within 
     30 days after the date of the enactment of this Act, interim 
     final regulations to establish a pre-decisional 
     administrative review process that will serve as the sole 
     means by which a person can seek administrative review 
     regarding an authorized hazardous fuel reduction project on 
     National Forest System land; (Section 105(a))
       Requires the Secretary to establish final regulations after 
     a time period for public comment; (Section 105(b))
       Provides that a person may only bring a civil action 
     challenging an authorized hazardous fuel reduction project in 
     a Federal district court if the issue was raised during the 
     administrative process and the person has exhausted the 
     administrative review process established by the Secretary, 
     with exceptions for futility or inadequacy claims; and 
     (Section 105(c))
       Clarifies that, with respect to projects and activities of 
     the National Forest System other than authorized hazardous 
     fuel reduction projects, nothing affects, or otherwise 
     biases, the notice, comment, and appeal procedures for 
     projects and activities of the National Forest System 
     contained in part 215 of title 36, Code of Federal 
     Regulations (including related legal actions). (Section 
     107(b))
       The Conference substitute adopts the Senate provisions with 
     an amendment that incorporates the substantive content of 
     House bill section 105(b) and adds clarifying changes to 
     section 105(c) of the Senate amendment. (Section 105)
       The Managers do not expect the provisions in section 
     105(c)(3)(B) of the Conference substitute to be applicable to 
     information which has not been brought to the attention of 
     the Secretary.
     (8) Judicial Review
       The House bill:
       Establishes a time limit for filing a challenge to an 
     authorized hazardous fuels reduction project to 15 days 
     within notice of the final agency action; (Section 106(a))
       Limits the duration of any preliminary injunction granted 
     on an authorized project to 45 days subject to renewal, and 
     requires Secretarial notification to Congress upon an 
     injunction renewal; (106(b))
       Encourages a court in which an action or an appeal is filed 
     to render a final determination within 100 days of when the 
     complaint or appeal is filed; (106(c))
       With respect to all agency actions on Federal lands, 
     directs a court, in considering a request for injunctive 
     relief, to 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 to give deference to any 
     agency finding that the balance of harm and the public 
     interest in avoiding the short-term effects of the agency 
     action is outweighed by the public interest in avoiding long-
     term harm to the ecosystem. (Section 107)
       The Senate amendment:
       Requires lawsuits challenging an authorized hazardous fuel 
     reduction project to be filed only in the United States 
     district court for the district in which the federal land to 
     be treated is located; (Section 106(a))
       Encourages the court to expedite the proceedings with the 
     goal of rendering a final determination as soon as 
     practicable; (Section 106(b))
       Limits the length of any preliminary injunctive relief and 
     stays pending appeal not to exceed 60 days, subject to 
     renewal with a requirement that parties to the action shall 
     present updated information on the status of the project; 
     (Section 106(c)(1), (2))
       Directs the court reviewing the project, as part of its 
     weighing the equities while considering any request for an 
     injunction, to 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. (Section 
     106(c)(3))
       The Conference substitute adopts the Senate provision. 
     (Section 106)
     (9) Effect of Title; Rules of Construction
       The House bill clarifies that nothing in this title:
       shall be construed to affect or limit the use of other 
     authorities by the Secretary concerned to plan or conduct a 
     hazardous fuels reduction project on federal lands; and 
     (Section 108(a))
       shall be construed to prejudice the consideration or 
     disposition of any legal action concerning the Roadless Area 
     Conservation Rule. (Section 108(b))
       The Senate amendment provides that nothing in this title 
     affects, or otherwise biases, the use by the Secretary of 
     other statutory or administrative authority (including 
     categorical exclusions adopted to implement the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to 
     conduct a hazardous fuel reduction project on Federal land 
     (including Federal land identified in section 102(d)) that is 
     not conducted using the process authorized by section 104. 
     (Section 107(a))
       The Conference substitute adopts the Senate provision. 
     (Section 107)
     (10) Authorization of Appropriations
       The Senate amendment authorizes $760 million annually for 
     activities under this title and other hazardous fuel 
     reduction activities of the Secretary. (Section 108)
       The House bill has no comparable provision.
       The Conference substitute adopts the Senate provision. 
     (Section 108)


                           TITLE II--BIOMASS

     (1) Findings; Definitions
       The House bill contains Congressional findings that that 
     show high risk of wildfires across many acres due to the 
     accumulation of heavy fuel loads from insect infestations and 
     disease, and defines the terms: Biomass, Person, Preferred 
     Community, and Secretary Concerned. (Sections 201, 202)
       The Senate amendment has comparable provisions with minor 
     differences. (Sections 201, 202)
     (2) Grants to Improve the Commercial Value of Forest Biomass; 
         Reporting requirement
       The House bill establishes biomass commercial use and 
     value-added grant programs to benefit anyone who owns or 
     operates a facility to produce energy from biomass, as well 
     as a monitoring program for participants, while complying 
     with existing endangered species protections; authorizes 
     appropriations of $25,000,000 for fiscal years 2004 to 2008; 
     and requires that the Secretary concerned submit a report of 
     the grant programs no later than October 1, 2010. (Sections 
     203, 204)
       The Senate amendment has a comparable amendment with minor 
     differences. (Sections 203, 204)
       With respect to sections 201 and 202 of the House bill and 
     sections 203 and 204 of the Senate amendment, the Conference 
     substitute adopts an amendment that authorizes the Secretary 
     to provide biomass purchase grants to owners and operators of 
     biomass facilities that use such materials for production of 
     wood-based products or other commercial purposes. (Section 
     203)
     (3) Improved Biomass Use Research Program
       The Senate amendment amends the Biomass Research and 
     Development Act of 2000 by adding a silviculture component to 
     the program. (Section 205)
       The House has no provision on this subject.
       The Conference substitute adopts the Senate provision. 
     (Section 201)
     (4) Rural Revitalization Through Forestry
       The Senate amendment establishes a program to facilitate 
     small business use of biomass and authorizes appropriations 
     of $5,000,000 for fiscal years 2004 to 2008 to carry out the 
     program. The program is established by amending the Food, 
     Agriculture, Conservation, and Trade Act of 1990. (Section 
     206)
       The House bill has no provision on this subject.
       The Conference substitute adopts the Senate provision. 
     (Section 202)


                TITLE III--WATERSHED FORESTRY ASSISTANCE

     (1) Findings and Purpose
       The House bill contains Congressional findings that the 
     proper stewardship of forest lands is essential to sustaining 
     and restoring the health of watersheds. The purpose of this 
     title is to improve watershed health by forest management 
     practices, such as maintaining tree cover, buffer strips. 
     (Section 301)
       The Senate contains a comparable provision with minor 
     changes. (Section 301)
     (2) Watershed Forestry Assistance Program
       The House bill establishes a program to assist State 
     foresters in expanding stewardship capacities to address 
     watershed issues on non-Federal lands through technical 
     assistance and a cost-share program by amending the 
     Cooperative Forestry Assistance Act. An authorization for 
     appropriations of

[[Page H11696]]

     $15,000,000 for each of the fiscal years 2004 through 2008 is 
     also included. (Section 302)
       The Senate contains a comparable provision with minor 
     changes and also defines the term Nonindustrial Private 
     Forest Land. (Section 302)
       The Conference substitute adopts the Senate provision. 
     (Section 302)
     (3) Tribal Watershed Forestry Assistance
       The Senate amendment directs the Secretary of Agriculture 
     to provide assistance to Indian tribes for expanding forestry 
     projects and to address watershed issues on tribal lands and 
     provides the same basic authorities for Indian tribes as are 
     provided in Section 302. (Section 303)
       The House bill has no comparable provision.
       The Conference substitute adopts the Senate provision. 
     (Section 303)


                     TITLE IV--INSECT INFESTATIONS

     (1) Definitions, Findings, and Purpose
       The House bill defines the terms Applied Silvicultural 
     Assessment, Federal Lands, Secretary Concerned, 1890 
     Institutions. The bill also contains Congressional findings 
     that insect infestations have many adverse effects on forest 
     health, and states that the purpose of this title is to 
     require the Secretary concerned to develop an assessment 
     program to combat insect infestations, to enlist the 
     assistance of educational institutions, and to carry out 
     applied silvicultural assessments. (Section 401)
       The Senate bill contains comparable provisions and also 
     defines the term Forest Damaging Insect. (Sections 401, 402)
       The Conference substitute adopts the Senate provision. 
     (Sections 401, 402)
     (2) Accelerated Information Gathering Regarding Forest 
         Damaging Insects
       The House bill establishes a program for information 
     gathering on bark beetles, including Southern pine beetles, 
     hemlock woolly adelgids, emerald ash borers, red oak borers, 
     and white oak borers, to assist land managers in the 
     development of treatments to improve forest health, and 
     disseminate results in cooperation with scientists from 
     university and forestry schools. (Section 402)
       The Senate amendment contains a comparable provision with 
     minor changes and expands program to include all forest-
     damaging insects and associated diseases. (Section 403)
       The Conference substitute adopts the Senate provision. 
     (Section 403)
     (3) Applied Silvicultural Assessments
       The House bill enables the Secretary concerned to conduct 
     applied silvicultural assessments on federal lands that the 
     Secretary determines in its sole discretion are at risk for 
     infestation with certain named pests. It limits such 
     assessment areas to 1,000 acres per assessment; applies an 
     overall acreage limitation to 250,000 acres; requires the 
     Secretary to provide notice of each applied silvicultural 
     assessment proposed to be carried out; requires the Secretary 
     to provide an opportunity for public input; creates a 
     categorical exclusion from further analysis under NEPA which 
     the environment. (Section 403)
       The Senate amendment contains a comparable provision with 
     minor technical differences, and expands to all forest-
     damaging insects and associated diseases. The Senate bill 
     precludes categorical exclusions using similar methods from 
     being carried out adjacent to one another and subjects them 
     to the extraordinary circumstances procedures. (Section 404)
       The Conference substitute adopts the Senate provision. 
     (Section 404)
     (4) Relation to Other Laws; Authorization of Appropriations
       The House bill provides that authorities of the Secretary 
     under this title are in addition to other authorities of the 
     Secretary under other laws, and authorizes such sums as may 
     be necessary to be appropriated between fiscal year 2004 and 
     2008. (Sections 404, 405)
       The Senate amendment contains comparable provisions with 
     only technical differences. (Sections 405, 406)
       The Conference substitute adopts the Senate provisions. 
     (Sections 405, 406)


                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

     (1) Establishment of Program
       The House bill directs the Secretary of Agriculture to 
     establish a program with the purpose of protecting, 
     restoring, and enhancing forest ecosystems to promote the 
     recovery of endangered species, improve biodiversity, and 
     enhance carbon sequestration. (Section 501)
       The Senate amendment has a comparable provision. (Section 
     501)
       The Conference substitute adopts the Senate provision. 
     (Sections 501)
     (2) Eligibility and Enrollment of Lands in Program
       The House bill specifies lands eligible for enrollment and 
     lists eligibility and enrollment requirements for program 
     participants, including enrollment priorities for land with 
     threatened and endangered species. (Section 502 (a), (b), 
     (c), (f))
       The Senate amendment has comparable provisions with minor 
     differences. (Section 502 (a), (b), (c), (d), (g))
       The Conference substitute adopts the Senate provisions. 
     (Section 502 (a), (b), (c), (d), (g))
     (3) Maximum Enrollment; Methods of Enrollment
       The House bill establishes a maximum enrollment of 
     1,000,000 acres, and authorizes acres to be enrolled through 
     a permanent easement with buyback option, a 30-year easement, 
     or a 10-year agreement for enrolled lands under this program. 
     (Section 502 (d) and (e))
       The Senate amendment establishes a maximum enrollment of 
     2,000,000 acres, and authorizes acres to be enrolled through 
     agreements of not more than 99 years with no buyback option, 
     30-year agreements; or 10-year cost share agreements. 
     (Section 502 (e) and (f))
       The Conference substitute adopts the Senate provision with 
     respect to maximum enrollment (502(e) and the House provision 
     with an amendment with respect to methods of enrollment to 
     allow for 10-year cost share agreements, and 30-year and up 
     to 99-year easements. (Section 502(f))
     (4) Conservation Plans
       The House bill requires lands enrolled shall be subject to 
     a conservation plan developed by USDA and the US Fish and 
     Wildlife Service; requires a description of the permissible 
     land-use activities; authorizes applicable State agencies and 
     nonprofit conservation organizations to provide technical or 
     financial assistance in development of the plans; and 
     requires that the plan maximize the environmental benefits 
     per dollar expended. (Section 503)
       The Senate amendment has comparable provisions. (Sections 
     502(g)(2), 503, 507)
       The Conference substitute adopts the Senate provision. 
     (Sections 502(g)(2), 503, 507)
     (5) Financial Assistance
       The House bill specifies maximum amounts of financial 
     assistance for each method of enrollment of acres into the 
     Healthy Forest Reserve. (Section 504)
       The Senate amendment contains similar language (Section 
     504).
       The Conference substitute adopts the Senate provision with 
     an amendment reflecting the changes made in the methods of 
     enrollment. (Section 504)
     (6) Technical Assistance
       The House bill directs the Forest Service and U.S. Fish and 
     Wildlife service to provide participants with technical 
     assistance. (Section 505)
       The Senate amendment has a comparable provision and also 
     adds that the Secretary may enter into cooperative agreements 
     with third parties certified as technical service providers. 
     (Section 505)
       The Conference substitute adopts the Senate provision. 
     (Section 505)
     (7) Safe Harbor
       The House bill instructs the Secretary of Interior to 
     provide safe harbor to landowners who enroll land in this 
     program when enrollment results in a net conservation benefit 
     for listed species. (Section 506)
       The Senate amendment has a comparable provision and also 
     provides that the cost of any additional measures taken 
     besides those covered in the restoration plan will be 
     considered part of the restoration plan for financial 
     purposes. (Section 506)
       The Conference substitute adopts the Senate provision. 
     (Section 506)
     (8) Authorization of Appropriations
       The House bill authorizes to be appropriated $15,000,000 
     for each of the fiscal years 2004 through 2008. (Section 507)
       The Senate amendment authorizes to be appropriated 
     $25,000,000 for fiscal year 2004 and such sums necessary for 
     each of the fiscal years 2005-2008. (Section 508)
       The Conference substitute adopts the Senate provision. 
     (Section 508)


                   TITLE VI--MISCELLANEOUS PROVISIONS

     (1) Inventory and Monitoring Program
       The House bill instructs the Secretary of Agriculture to 
     carry out a program to monitor forest stands on National 
     Forest System lands and private lands; lists issues to be 
     addressed; establishes an early warning system; and 
     authorizes $5,000,000 for each of the fiscal years 2004 
     through 2008 for such activities. (Section 601)
       The Senate amendment has a comparable provision that also 
     lists specific means and offices for carrying out the 
     program, and authorizes such sums as are necessary to carry 
     out this section without fiscal year limitation. (Section 
     1101)
       The Conference substitute adopts the House provision. 
     (Title VI)
       The managers expect the Secretary to consult and 
     collaborate with the National Aeronautics and Space 
     Administration, Stennis Space Center in carrying out this 
     title.
     (2) Public Land Corps
       The Senate amendment creates a public land corps to carry 
     out rehabilitation projects enlisting the help of 
     disadvantaged young people. The amendment authorizes to be 
     appropriated $15,000,000 for each of the fiscal years 2004 
     through 2008. (Title VI)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (3) Rural Community Forestry Enterprise Program
       The Senate amendment establishes a program to assist in the 
     economic revitalization of rural forest research-dependent 
     communities. The amendment authorizes to be appropriated 
     $15,000,000 for each of the fiscal years 2004 through 2008. 
     (Title VII)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (4) Firefighters Medical Monitoring Act
       The Senate amendment provides that the National Institute 
     for Occupational Safety

[[Page H11697]]

     and Health shall monitor the long-term medical health of 
     those firefighters who fought fires in any area declared a 
     disaster area by the Federal Government. The amendment 
     authorizes to be appropriated such sums as may be necessary 
     in each of the fiscal years 2004 through 2008 to carry out 
     this title. (Title VIII)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (5) Disaster Air Quality Monitoring Act
       The Senate amendment instructs the Environmental Protection 
     Agency to provide each of its regional offices a mobile air 
     pollution monitoring network to monitor the emissions of 
     hazardous air pollutants in disaster areas and publish the 
     findings. The amendment authorizes to be appropriated 
     $8,000,000 to carry out this title. (Title IX)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (6) Highlands Region Conservation
       The Senate amendment recognizes the importance of the 
     water, forest, agricultural, wildlife, recreational and 
     cultural resources of the Highlands, and the national 
     significance of the Highlands region to the United States. 
     The amendment authorizes the Secretary of Interior to work in 
     partnership with the Secretary of Agriculture to provide 
     financial assistance to the Highlands States to preserve and 
     protect high priority conservation lands in the Highlands 
     region, and continues the ongoing Forest Service programs in 
     the Highlands region to assist the Highlands States, local 
     units of government and private forest and farm landowners in 
     the conservation of lands and natural resources in the 
     Highlands region. (Title X )
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (7) Emergency Treatment and Reduction of Nonnative Invasive 
         Plants
       The Senate amendment establishes 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, including work to eradicate Salt Cedar and 
     Russian Olive trees and other brush along the Bosque lands on 
     the Rio Grande River in the State of New Mexico. (Section 
     1102)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (8) USDA National Agroforestry Center
       The Senate amendment amends section 1243 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 to establish 
     a National Agroforestry Center. (Section 1103)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (9) Upland Hardwoods Research Center
       The Senate amendment directs the Secretary to establish an 
     upland hardwood research center. (Section 1104)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (10) Emergency Fuel Reduction Grants
       The Senate amendment instructs the Secretary of Agriculture 
     to establish an emergency fuel reduction grant program under 
     which the Secretary shall provide grants to State and local 
     agencies to carry out hazardous fuel reduction projects 
     addressing threats of catastrophic fire that pose a serious 
     threat to human life, as determined by the Forest Service. 
     (Section 1105)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (11) Eastern Nevada Landscape Coalition
       The Senate amendment authorizes the Secretary of 
     Agriculture and the Secretary of the Interior to make grants 
     to the Eastern Nevada Landscape Coalition for the study and 
     restoration of rangeland and other lands in Nevada's Great 
     Basin in order to help assure the reduction of hazardous 
     fuels and for related purposes. (Section 1106)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (12) Sense of Congress Regarding Enhanced Community Fire 
         Protection
       The Senate amendment states that 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 09171; 116 Stat. 
     473)). (Section 1107)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (13) Best-Value Contracting
       The Senate amendment allows the Secretaries to use best 
     value contracting criteria in awarding contracts and 
     agreements. Best-value contracting criteria includes the 
     ability of the contractor to meet the ecological goals of the 
     projects; the use of equipment that will minimize or 
     eliminate impacts on soils; and benefits to local communities 
     such as ensuring that the byproducts are processed locally. 
     (Section 1109)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (14) Suburban and Community Forestry and Open Space Program; 
         Forest Legacy Program
       The Senate amendment establishes within the Forest Service 
     a program to be known as the ``Suburban and Community 
     Forestry and Open Space Program'' (Section 1110)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (15) Wildland Firefighter Safety
       The Senate amendment directs the Secretaries to ensure that 
     any Federal contract or agreement entered into with a private 
     entity for wildland firefighting services requires the entity 
     to provide firefighter training that is consistent with 
     qualification standards management direction established by 
     the National Wildfire Coordinating Group. (Section 1111)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (16) Green Mountain National Forest Boundary Adjustment
       The Senate amendment states the boundaries of the Green 
     Mountain National Forest are modified to include all parcels 
     of land depicted on the forest maps entitled ``Green Mountain 
     Expansion Area Map I'' and ``Green Mountain Expansion Area 
     Map II'', each dated February 20, 2002, which shall be on 
     file and available for public inspection in the Office of the 
     Chief of the Forest Service, Washington, District of 
     Columbia. (Section 1112)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (17) Puerto Rico Karst Conservation
       The Senate amendment authorizes and supports conservation 
     efforts to acquire, manage, and protect the tropical forest 
     areas of the Karst Region, with particular emphasis on water 
     quality and the protection of the aquifers that are vital to 
     the health and wellbeing of the citizens of the Commonwealth; 
     and promotes cooperation among the Commonwealth, Federal 
     agencies, corporations, organizations, and individuals in 
     those conservation efforts. (Section 1113)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (18) Effective Date of Section 10806 of Farm Security and 
         Rural Investment Act
       The Senate amendment states Section 10806(b)(1) of the Farm 
     Security and Rural Investment Act of 2002 (21 U.S.C. 321d; 
     116 Stat. 526), is deemed to have first become effective 15 
     days after the date of the enactment of this Act. (Section 
     1114)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (19) Enforcement of Animal Fighting Prohibitions Under the 
         Animal Welfare Act
       The Senate amendment amends Section 26 of the Animal 
     Welfare Act. (Section 1115)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     (20) Changes in Fines for Violation of Public Land 
         Regulations During a Fire Ban
       The Senate amendment contains provisions to modify the 
     penalties for violations of fire bans. (Section 1116)
       The House bill contains no comparable provision.
       The Conference substitute strikes the Senate provision.
     From the Committee on Agriculture, for consideration of the 
     House bill and the Senate amendments, and modifications 
     committed to conference:
     Bob Goodlatte,
     John Boehner,
     William L. Jenkins,
     Gil Gutknecht,
     Robin Hayes,
     Charlie Stenholm,
     Collin C. Peterson,
     Cal Dooley,
     From the Committee on Resources, for consideration of the 
     House bill and the Senate amendments, and modifications 
     committed to conference:
     Richard Pombo,
     Scott McInnis,
     Greg Walden,
     Rick Renzi,
     From the Committee on the Judiciary, for consideration of 
     sections 106 and 107 of the House bill, and sections 105, 
     106, 1115, and 1116 of the Senate amendment and modifications 
     committed to conference:
     F. James Sensenbrenner, Jr.
     Lamar Smith,
                                Managers on the Part of the House.

     Thad Cochran,

[[Page H11698]]

     Mitch McConnell,
     Michael Crapo,
     Pete V. Domenici,
     Tom Daschle,
     Managers on the Part of the Senate.

                          ____________________