[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26669-26683]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2030. Mrs. MURRAY submitted an amendment intended to be proposed 
by her 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; as follows:

       On page 17, line 16, after ``(3)'' insert ``(4)''
       On page 18, line 23, strike ``by implementing'' and insert 
     ``and implement''
       On page 19, line 11, strike ``by implementing'' and insert 
     ``and implement''
                                 ______
                                 
  SA 2031. Mr. BINGAMAN (for himself, Mr. Reid, and Ms. Cantwell) 
proposed an amendment 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

[[Page 26670]]

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; as 
follows:

       At the appropriate place, insert the following two new 
     sections:

     SEC.   . BORROWING AUTHORITY FOR FIRE SUPPRESSION.

       (a) In General.--The Secretary of the Treasury shall, upon 
     the request of the Secretary of Agriculture, make available 
     to the Secretary of Agriculture, out of any money in the 
     Treasury not otherwise appropriated, such sums as may be 
     necessary in each fiscal year to carry out fire suppression 
     activities. The Secretary of Agriculture may make such 
     request only if fire suppression costs exceed the amount of 
     funding available to the Forest Service for fire suppression 
     in a fiscal year.
       (b) Audit.--Not later than 180 days after the Secretary of 
     Agriculture exercises the authority provided by this section, 
     the Inspector General of the Department of Agriculture shall 
     submit to the Secretary and to the Congress an audit of 
     expenditures of funds provided under this section. Upon a 
     determination by the Inspector General that specific amounts 
     of such funds were used for purposes other than fire 
     suppression, or upon a determination that specific 
     expenditures of such funds were both unreasonable and 
     excessive, the Secretary, not later than 30 days after 
     receiving the audit of the Inspector General, shall reimburse 
     the Treasury, out of unobligated balances for the Forest 
     Service for the fiscal year in which the funds were provided, 
     for the amounts so identified by the Inspector General.

     SEC.  . COMMUNITY PROTECTION AND BURNED AREA RESTORATION.

       (a) In General.--During fiscal years 2004 through 2008, the 
     Secretaries shall carry out a joint program to reduce the 
     risk of wildfire to structures and restore burned areas on 
     non-Federal lands, including county-owned lands, tribal 
     lands, nonindustrial private lands, and State lands, using 
     the authorities available pursuant to this section, the 
     National Fire Plan and the Emergency Watershed Protection 
     program.
       (b) Cost Share Grants.--In implementing this section, the 
     Secretaries may make cost-share grants to Indian tribes, 
     local fire districts, municipalities, homeowner associations, 
     and counties, to remove, transport, and dispose of hazardous 
     fuels around homes and property to--
       (1) prevent structural damage as a result of wildfire, or
       (2) to restore or rehabilitate burned areas on non-Federal 
     lands.
       (c) Non-Federal Contribution.--The non-Federal contribution 
     may be in the form of cash or in-kind contribution.
       (d) Appropriation and Availability of Funds.--The Secretary 
     of the Treasury shall make available to the Secretaries out 
     of any money in the Treasury not otherwise appropriated 
     $100,000,000 for each of fiscal years 2004 through 2008 to 
     carry out this section, which shall remain available until 
     expended.
                                 ______
                                 
  SA 2032. Mr. SANTORUM (for himself and Mr. Biden) submitted an 
amendment intended to be proposed by him to the bill H.R. 2800, making 
appropriations for foreign operations, export financing, and related 
programs for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC 
                   INITIATIVE.

       Section 1625(a)(1)(B)(ii) of the International Financial 
     Institutions Act (as added by section 501 of the United 
     States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
     Act of 2003 (Public Law 108-25)) is amended by striking 
     ``subparagraph (A)'' and inserting ``clause (i)''.
                                 ______
                                 
  SA 2033. Ms. COLLINS (for herself, Mr. Reed, Mr. Harkin, and Ms. 
Snowe) submitted an amendment intended to be proposed by her 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; which was ordered to lie on the 
table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   PROGRAM; FOREST LEGACY PROGRAM.

       (a) Suburban and Community Forestry and Open Space 
     Program.--The Cooperative Forestry Assistance Act of 1978 (16 
     U.S.C. 2101 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Committee.--The term `Committee' means a State Forest 
     Stewardship Coordinating Committee established under section 
     19(b).
       ``(2) Eligible entity.--The term `eligible entity' means a 
     unit of local government or a nonprofit organization that--
       ``(A) the Secretary determines, in accordance with the 
     criteria established under subsection (c)(1)(A)(ii)(II) is 
     eligible to receive a grant under subsection (c)(2); and
       ``(B) the State forester, in consultation with the 
     Committee, determines--
       ``(i) has the abilities necessary to acquire and manage 
     interests in real property; and
       ``(ii) has the resources necessary to monitor and enforce 
     any terms applicable to the eligible project.
       ``(3) Eligible project.--The term `eligible project' means 
     a fee purchase, easement, or donation of land to conserve 
     private forest land identified for conservation under 
     subsection (c)(1)(A)(ii)(I).
       ``(4) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(5) Nonprofit organization.--The term `nonprofit 
     organization' means any organization that is--
       ``(A) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       ``(B) exempt from taxation under 501(a) of the Internal 
     Revenue Code of 1986.
       ``(6) Private forest land.--The term `private forest land' 
     means land that is--
       ``(A) capable of producing commercial forest products; and
       ``(B) owned by--
       ``(i) a private entity; or
       ``(ii) an Indian tribe.
       ``(7) Program.--The term `program' means the Suburban and 
     Community Forestry and Open Space Program established by 
     subsection (b).
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(b) Establishment.--
       ``(1) In general.--There is established within the Forest 
     Service a program to be known as the `Suburban and Community 
     Forestry and Open Space Program'.
       ``(2) Purpose.--The purpose of the program is to provide 
     assistance to eligible entities to carry out eligible 
     projects in States in which less than 25 percent of the land 
     is owned by the United States to--
       ``(A) conserve private forest land and maintain working 
     forests in areas threatened by significant suburban sprawl or 
     by conversion to nonforest uses; and
       ``(B) provide communities a means by which to address 
     significant suburban sprawl.
       ``(c) Grant Program.--
       ``(1) Identification of eligible private forest land.--
       ``(A) Criteria.--
       ``(i) National criteria.--The Secretary shall establish 
     national eligibility criteria for the identification of 
     private forest land that may be conserved under this section.
       ``(ii) State criteria.--The State forester, in consultation 
     with the Committee, shall, based on the criteria established 
     under clause (i), and subject to the approval of the 
     Secretary, establish criteria for--

       ``(I) the identification, subject to subparagraph (B), of 
     private forest land in each State that may be conserved under 
     this section; and
       ``(II) the identification of eligible entities.

       ``(B) Conditions for eligible private forest land.--Private 
     forest land identified for conservation under subparagraph 
     (A)(ii)(I) shall be land that--
       ``(i) is located in a State in which less than 25 percent 
     of the land is owned by the United States; and
       ``(ii) as determined by the State forester, in consultation 
     with the Committee and subject to the approval of the 
     Secretary--

       ``(I) is located in an area that is affected, or threatened 
     to be affected, by significant suburban sprawl, taking into 
     account housing needs in the area; and
       ``(II) is threatened by present or future conversion to 
     nonforest use.

       ``(2) Grants.--
       ``(A) Eligible projects.--
       ``(i) In general.--In carrying out this section, the 
     Secretary shall award competitive grants to eligible entities 
     to carry out eligible projects.
       ``(ii) Public access.--Eligible entities are encouraged to 
     provide public access to land on which an eligible project is 
     carried out.
       ``(B) Application; stewardship plan.--An eligible entity 
     that seeks to receive a grant under this section shall submit 
     to the State forester--
       ``(i) at such time and in such form as the Secretary shall 
     prescribe, an application for the grant (including a 
     description of any private forest land to be conserved using 
     funds from the grant and a description of the extent of the 
     threat of conversion to nonforest use); and
       ``(ii) a stewardship plan that describes the manner in 
     which--

[[Page 26671]]

       ``(I) any private forest land to be conserved using funds 
     from the grant will be managed in accordance with this 
     section;
       ``(II) the stewardship plan will be implemented; and
       ``(III) the public benefits to be achieved from 
     implementation of the stewardship plan.

       ``(C) Assessment of need.--With respect to an application 
     submitted under subparagraph (B), the State forester shall--
       ``(i) assess the need for preserving suburban forest land 
     and open space and containing suburban sprawl in the State, 
     taking into account the housing needs of the area in which 
     the eligible project is to be carried out; and
       ``(ii) submit to the Secretary--

       ``(I) the application submitted under subparagraph (B); and
       ``(II) the assessment of need.

       ``(D) Approval or disapproval.--
       ``(i) In general.--Subject to clause (ii), as soon as 
     practicable after the date on which the Secretary receives an 
     application under subparagraph (C)(ii) or a resubmission 
     under subclause (II)(bb)(BB), the Secretary shall--

       ``(I) review the application; and
       ``(II)(aa) award a grant to the applicant; or
       ``(bb)(AA) disapprove the application; and
       ``(BB) provide the applicant a statement that describes the 
     reasons why the application was disapproved (including a 
     deadline by which the applicant may resubmit the 
     application).

       ``(ii) Considerations; priority.--In awarding grants under 
     this section, the Secretary shall--

       ``(I) consider the need for the eligible project based on 
     the assessment of need submitted under subparagraph (C) and 
     subject to any criteria under paragraph (1); and
       ``(II) give priority to applicants that propose to fund 
     eligible projects that promote--

       ``(aa) the preservation of suburban forest land and open 
     space;
       ``(bb) the containment of suburban sprawl;
       ``(cc) the sustainable management of private forest land;
       ``(dd) community involvement in determining the objectives 
     for eligible projects that are funded under this section; and
       ``(ee) community and school education programs and 
     curricula relating to sustainable forestry.
       ``(3) Cost sharing.--
       ``(A) In general.--The amount of a grant awarded under this 
     section to carry out an eligible project shall not exceed 50 
     percent of the total cost of the eligible project.
       ``(B) Assurances.--As a condition of receipt of a grant 
     under this section, an eligible entity shall provide to the 
     Secretary such assurances as the Secretary determines are 
     sufficient to demonstrate that the share of the cost of each 
     eligible project that is not funded by the grant awarded 
     under this section has been secured.
       ``(C) Form.--The share of the cost of carrying out any 
     eligible project described in subparagraph (A) that is not 
     funded by a grant awarded under this section may be provided 
     in cash or in kind (including a donation of land).
       ``(d) Use of Grant Funds for Purchases of Land or 
     Easements.--
       ``(1) Purchases.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     funds made available, and grants awarded, under this section 
     may be used to purchase private forest land or interests in 
     private forest land (including conservation easements) only 
     from willing sellers at fair market value.
       ``(B) Sales at less than fair market value.--A sale of 
     private forest land or an interest in private forest land at 
     less than fair market value shall be permitted only on 
     certification by the landowner that the sale is being entered 
     into willingly and without coercion.
       ``(2) Title.--Title to private forest land or an interest 
     in private forest land purchased under paragraph (1) may be 
     held, as determined appropriate by the Secretary, by--
       ``(A) a State;
       ``(B) a unit of local government; or
       ``(C) a nonprofit organization.
       ``(3) Termination of easement.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     all right, title, and interest of a unit of local government 
     or nonprofit organization in and to a conservation easement 
     shall terminate and vest in the State if the State determines 
     that--
       ``(i) the unit of local government or nonprofit 
     organization is unable or unwilling to enforce the terms of 
     the conservation easement; or
       ``(ii) the conservation easement has been modified in a way 
     that is inconsistent with the purposes of the program.
       ``(B) Conveyance to another unit of local government or 
     nonprofit organization.--If the State makes a determination 
     under subparagraph (A), the State may convey or authorize the 
     unit of local government or nonprofit organization to convey 
     the conservation easement to another unit of local government 
     or nonprofit organization.
       ``(e) Administrative Costs.--The State, on approval of the 
     Secretary and subject to any regulations promulgated by the 
     Secretary, may use amounts made available under subsection 
     (g) to pay the administrative costs of the State relating to 
     the program.
       ``(f) Report.--The Secretary shall submit to Congress a 
     report on the eligible projects carried out under this 
     section in accordance with section 8(c) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1606(c)).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $50,000,000 for fiscal year 2004; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.''.
       (b) Forest Legacy Program.--Section 7 of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is 
     amended--
       (1) in subsection (c), by striking the last sentence;
       (2) in subsection (i), by striking ``subsection (b)'' and 
     inserting ``this section'';
       (3) in subsection (j)(1), by inserting ``(other than by 
     donation)'' after ``acquired'';
       (4) in subsection (k)(2), by striking ``the United States 
     or its'' and inserting ``the United States, a State, or other 
     entity, or their''; and
       (5) in subsection (l), by adding at the end the following:
       ``(3) State authorization.--
       ``(A) Definition of state forester.--The term `State 
     forester' has the meaning given the term in section 4(k).
       ``(B) In general.--Notwithstanding subsection (c) and 
     paragraph (2)(B), the Secretary shall, on request by a State, 
     authorize the State to allow a qualified organization (as 
     defined in section 170(h)(3) of the Internal Revenue Code of 
     1986) and that is organized for at least 1 of the purposes 
     described in section 170(h)(4)(A) of that Code, using amounts 
     granted to a State under this paragraph, to acquire 1 or more 
     conservation easements to carry out the Forest Legacy Program 
     in the State.
       ``(C) Eligibility.--To be eligible to acquire and manage 
     conservation easements under this paragraph, a qualified 
     organization described in subparagraph (B) shall, as 
     determined by the Secretary, acting through the State 
     forester, demonstrate the abilities necessary to acquire, 
     monitor, and enforce interests in forest land consistent with 
     the Forest Legacy Program and the assessment of need for the 
     State.
       ``(D) Monitoring and enforcement.--
       ``(i) In general.--A qualified organization that acquires a 
     conservation easement under this paragraph shall be 
     responsible for monitoring and enforcing the terms of the 
     conservation easement and any of the costs of the qualified 
     organization associated with such monitoring and enforcement.
       ``(ii) Contingent rights.--If a qualified organization that 
     acquires a conservation easement under this paragraph fails 
     to enforce the terms of the conservation easement, as 
     determined by the State, the State or the Secretary shall 
     have the right to enforce the terms of the conservation 
     easement under Federal or State law.
       ``(iii) Amendments.--Any amendments to a conservation 
     easement that materially affect the terms of the conservation 
     easement shall be subject to approval by the Secretary or the 
     State, as appropriate.
       ``(E) Termination of easement.--
       ``(i) In general.--Except as provided in clause (ii), all 
     right, title, and interest of a qualified organization 
     described in subparagraph (B) in and to a conservation 
     easement shall terminate and vest in the State or a qualified 
     designee if the State determines that--

       ``(I) the qualified organization fails to enforce the terms 
     of the conservation easement;
       ``(II) the conservation easement has been modified in a way 
     that is inconsistent with the purposes of the Forest Legacy 
     Program or the assessment of need for the State; or
       ``(III) the conservation easement has been conveyed to 
     another person (other than to a qualified organization).

       ``(ii) Conveyance to another qualified organization.--If 
     the State makes a determination under clause (i), the State 
     may convey or authorize the qualified organization to convey 
     the conservation easement to another qualified organization.
       ``(F) Implementation.--The Secretary, acting through the 
     State forester, shall implement this paragraph in accordance 
     with the assessment of need for the State as approved by the 
     Secretary.''.
                                 ______
                                 
  SA 2034. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the 
table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. SOIL AND FOREST CARBON SEQUESTRATION PROGRAM

       (a) Definitions.--In this section:

[[Page 26672]]

       (1) Advisory panel.--The term ``Advisory Panel'' means the 
     Soil and Forestry Carbon Sequestration Panel established 
     under subsection (d).
       (2) Eligible forest carbon activity.--The term ``eligible 
     forest carbon activity'' means a forest management action 
     that--
       (A)(i) helps restore forest land that has been 
     underproducing or understocked for more than 5 years; or
       (ii) maintains natural forest under a permanent 
     conservation easement;
       (B) provides for protection of a forest from nonforest use;
       (C) allows a variety of sustainable management 
     alternatives;
       (D) maintains or improves a watershed or fish and wildlife 
     habitat; or
       (E) demonstrates permanence of carbon sequestration and 
     promotes and sustains native species.
       (3) Forest carbon reservoir.--The term ``forest carbon 
     reservoir'' means carbon that is stored in aboveground or 
     underground soil and other biomass that are associated with a 
     forest ecosystem.
       (4) Forest carbon sequestration program.--The term ``forest 
     carbon sequestration program'' means the program established 
     under subsection (b).
       (5) Forest land.--
       (A) In general.--The term ``forest land'' means a parcel of 
     land that is, or has been, at least 10 percent stocked by 
     forest trees of any size.
       (B) Inclusions.--The term ``forest land'' includes--
       (i) land on which forest cover may be naturally or 
     artificially regenerated; and
       (ii) a transition zone between a forested area and 
     nonforested area that is capable of sustaining forest cover.
       (6) Forest management action.--
       (A) In general.--The term ``forest management action'' 
     means an action that--
       (i) applies forestry principles to the regeneration, 
     management, use or conservation of forests to meet specific 
     goals and objectives;
       (ii) demonstrates permanence of carbon sequestration and 
     promotes and sustains native species; and
       (iii) maintains the ecological sustainability and 
     productivity of the forests or protects natural forests under 
     a permanent conservation easement.
       (B) Inclusions.--The term ``forest management action'' 
     includes management and use of forest land for the benefit of 
     aesthetics, fish, recreation, urban values, water, 
     wilderness, wildlife, wood products, or other forest values.
       (7) Reforestation.--
       (A) In general.--The term ``reforestation'' means the 
     reestablishment of forest cover naturally or artificially.
       (B) Inclusions.--The term ``reforestation'' includes 
     planned replanting, reseeding, and natural regeneration.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (9) Soil carbon sequestration program.--The term ``soil 
     carbon sequestration program'' means the program established 
     under subsection (c).
       (10) State.--The term ``State'' includes a political 
     subdivision of a State.
       (11) Willing owner.--The term ``willing owner'' means a 
     State or local government, Indian tribe, private entity, or 
     other person or non-Federal organization that owns forest 
     land and is willing to participate in the forest carbon 
     sequestration program.
       (b) Forest Carbon Sequestration Program.--
       (1) In general.--The Secretary, acting through the Chief of 
     the Forest Service and in collaboration with State foresters, 
     State resource management agencies, and interested 
     nongovernmental organizations, shall establish a forest 
     carbon sequestration program under which the Secretary, 
     directly or through agreements with 1 or more States, may 
     enter into cooperative agreements with willing owners of 
     forest land to carry out forest management actions or 
     eligible forest carbon activities on not more than a total of 
     5,000 acres of forest land holdings to create or maintain a 
     forest carbon reservoir.
       (2) Assistance to states.--
       (A) In general.--The Secretary shall provide assistance to 
     States for the purpose of entering into cooperative 
     agreements with willing owners of forest land to carry out 
     eligible forest carbon activities on forest land.
       (B) Reporting.--As a condition of receiving assistance 
     under subparagraph (A), a State shall annually submit to the 
     Secretary a report disclosing the estimated quantity of 
     carbon stored through the cooperative agreement.
       (3) Bonneville power administration.--Each of the States of 
     Washington, Oregon, Idaho, and Montana may apply for funding 
     from the Bonneville Power Administration for purposes of 
     funding a cooperative agreement that meets the fish and 
     wildlife objectives and priorities of the Bonneville Power 
     Administration under the Pacific Northwest Electric Power 
     Planning and Conservation Act (16 U.S.C. 839 et seq.), but 
     only to the extent the cooperative agreement also meets the 
     objectives of this subsection.
       (c) Soil Carbon Sequestration Program.--
       (1) Establishment.--
       (A) In general.--The Secretary, acting through the Natural 
     Resources Conservation Service and in cooperation with the 
     Consortium for Agricultural Soils Mitigation of Greenhouse 
     Gases, shall carry out 4 or more pilot programs to--
       (i) develop, demonstrate, and verify the best management 
     practices for enhanced soil carbon sequestration on 
     agricultural land; and
       (ii) evaluate and establish standardized monitoring and 
     verification methods and protocols.
       (B) Criteria.--The Secretary shall select a pilot program 
     based on--
       (i) the merit of the proposed program; and
       (ii) the diversity of soil types, climate zones, crop 
     types, cropping patterns, and sequestration practices 
     available at the site of the proposed program.
       (2) Requirements.--A pilot program carried out under this 
     subsection shall--
       (A) involve agricultural producers in--
       (i) the development and verification of best management 
     practices for carbon sequestration; and
       (ii) the development and evaluation of carbon monitoring 
     and verification methods and protocols on agricultural land;
       (B) involve research and testing of the best management 
     practices and monitoring and verification methods and 
     protocols in various soil types and climate zones;
       (C) analyze the effects of the adoption of the best 
     management practices on--
       (i) greenhouse gas emissions, water quality, and other 
     aspects of the environment at the watershed level; and
       (ii) the full range of greenhouse gases; and
       (D) use the results of the research conducted under the 
     program to--
       (i)(I) develop best management practices for use by 
     agricultural producers;
       (II) provide a comparison of the costs and net greenhouse 
     effects of the best management practices; and
       (III) encourage agricultural producers to adopt the best 
     management practices; and
       (ii) develop best management practices on a regional basis 
     for use in watersheds and States not participating in the 
     pilot programs.
       (d) Soil and Forestry Carbon Sequestration Panel.--
       (1) Establishment.--The Secretary (acting through the Chief 
     of the Forest Service and the Natural Resources Conservation 
     Service) shall establish a Soil and forestry Carbon 
     Sequestration Panel for the purposes of--
       (A) advising the Secretary in the development and updating 
     of guidelines for accurate voluntary reporting of greenhouse 
     gas sequestration from forest management actions and 
     agricultural best management practices;
       (B) evaluating the potential effectiveness (including cost 
     effectiveness) of the guidelines, in verifying carbon inputs 
     and outputs and assessing impacts on other greenhouse gases 
     from various forest management strategies and agricultural 
     best management practices;
       (C) estimating the effect of proposed implementation of the 
     guidelines on--
       (i) carbon sequestration and storage; and
       (ii) the net emissions of other greenhouse gases;
       (D) providing estimates on the rates of carbon 
     sequestration and net nitrous oxide and methane impacts for 
     forests and various plants, agricultural commodities, and 
     agricultural practices for the purpose of assisting the 
     Secretary in determining the acceptability of the cooperative 
     agreement offers made by willing owners;
       (E) proposing to the Secretary the standardized methods 
     for--
       (i) measuring carbon sequestered in soils and in forests; 
     and
       (ii) estimating the impacts of the forest carbon 
     sequestration program and the soil carbon sequestration 
     program on other greenhouse gases; and
       (F) assisting the Secretary in reporting to Congress on the 
     results of the forest carbon sequestration program and the 
     soil carbon sequestration program.
       (2) Membership.--The Advisory Panel shall be composed of 
     the following members with interest and expertise in soil 
     carbon sequestration and forestry management, appointed 
     jointly by the Secretary:
       (A) 1 member representing national professional forestry 
     organizations.
       (B) 1 member representing national agriculture 
     organizations.
       (C) 2 members representing environmental or conservation 
     organizations.
       (D) 1 member representing Indian tribes.
       (E) 3 members representing the academic scientific 
     community.
       (F) 2 members representing State forestry organizations.
       (G) 2 members representing State agricultural 
     organizations.
       (H) 1 member representing the Environmental Protection 
     Agency.
       (I) 1 member representing the Department of Agriculture.
       (3) Terms.--
       (A) In general.--Except as provided in subparagraph (B) a 
     member of the Advisory Panel shall be appointed for a term of 
     3 years.
       (B) Initial terms.--Of the members first appointed to the 
     Advisory Panel--
       (i) 1 member appointed under each paragraphs (B), (D), (F), 
     and (H) shall serve an initial term of 1 year; and

[[Page 26673]]

       (ii) 1 member appointed under each of paragraphs (A), (C), 
     (E), (G), and (I) shall serve an initial term of 2 years.
       (C) Vacancies.--
       (i) In general.--A vacancy on the Advisory Panel shall be 
     filled in the manner in which the original appointment was 
     made.
       (ii) Partial term.--A member appointed to fill a vacancy 
     occurring before the expiration of the term shall be 
     appointed only for the remainder of the term.
       (iii) Successive terms.--An individual may not be appointed 
     to serve on the Advisory Panel for more than 2 full 
     consecutive terms.
       (4) Existing councils.--The Secretary may use an existing 
     council to perform the tasks of the Advisory Panel if--
       (A) representation on the council, the terms and background 
     of members of the council, and the responsibilities of the 
     council reflect those of the Advisory Panel; and
       (B) those responsibilities are a priority for the council.
       (e) Standardization of Carbon Sequestration Measurement 
     Protocols.--
       (1) Accurate monitoring, measurement, and reporting.--
       (A) In general.--The Secretary, in collaboration with the 
     States, shall--
       (i) develop standardized measurement protocols for--

       (I) carbon sequestered in soils and trees; and
       (II) impacts on other greenhouse gases;

       (ii)(I) develop standardized forms to monitor sequestration 
     improvements made as a result of the forest carbon 
     sequestration program and the soil carbon sequestration 
     program; and
       (II) distribute the forms to participants in the forest 
     carbon sequestration program and the soil carbon 
     sequestration program; and
       (iii) at least once every 5 years, submit to the 
     appropriate committees of Congress a report on the forest 
     carbon sequestration program and the soil carbon 
     sequestration program.
       (B) Contents of report.--A report under subparagraph 
     (A)(iii) shall describe--
       (i) carbon sequestration improvements made as a result of 
     the forest carbon sequestration program and the soil carbon 
     sequestration program;
       (ii) carbon sequestration practices on land owned by 
     participants in the forest carbon sequestration program and 
     the soil carbon sequestration program; and
       (iii) the degree of compliance with any cooperative 
     agreements, contracts, or other arrangements entered into 
     under this section.
       (2) Educational outreach.--The Secretary, acting through 
     the Cooperative State Research, Education, and Extension 
     Service, and in consultation with the Consortium for 
     Agricultural Soils Mitigation of Greenhouse Gases, shall 
     conduct an educational outreach program to collect and 
     disseminate to owners and operators of agricultural and 
     forest land research-based information on agriculture and 
     forest management practices that will increase the 
     sequestration of carbon, without threat to the social and 
     economic well-being of communities.
       (3) Periodic review.--At least once every 2 years, the 
     Secretary shall--
       (A) convene the Advisory Panel to evaluate the latest 
     scientific and observational information on reporting, 
     monitoring, and verification of carbon storage from forest 
     management and soil sequestration actions; and
       (B) issue revised recommendations for reporting, 
     monitoring, and verification of carbon storage from forest 
     management actions and agricultural best management practices 
     as necessary.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 2035. Mr. BINGAMAN proposed an amendment 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; as follows:

       At the appropriate place, insert the following new section:

     ``SEC.   . LONG-TERM FUEL MANAGEMENT.

       In implementing hazardous fuels reduction projects, the 
     Secretaries shall ensure that--
       (1) a slash treatment plan is completed;
       (2) acres are not identified as treated, in annual program 
     accomplishment reports, until all phases of a multi-year 
     project such as thinning, slash reduction, and prescribed 
     burning are completed; and
       (3) a system to track the budgeting and implementation of 
     follow-up treatments shall be used to account for the long-
     term maintenance of areas managed to reduce hazardous 
     fuels.''
                                 ______
                                 
  SA 2036. Mr. BINGAMAN proposed an amendment 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; as follows:

       At the appropriate place, insert the following new section:

     ``SEC.   . COLLABORATIVE MONITORING.

       (a) In General.--The Secretaries shall establish a 
     collaborative monitoring, evaluation, and accountability 
     process in order to assess the positive or negative 
     ecological and social effects of a representative sampling of 
     projects implemented pursuant to title I and section 404 of 
     this Act. The Secretaries shall include diverse stakeholders, 
     including interested citizens and Indian tribes, in the 
     monitoring and evaluation process.
       (b) Means.--The Secretaries may collect monitoring data 
     using cooperative agreements, grants or contracts with small 
     or micro-businesses, cooperatives, non-profit organizations, 
     Youth Conservation Corps work crews or related partnerships 
     with State, local, and other non-Federal conservation corps.
       (c) Funds.--Funds to implement this section shall be 
     derived from hazardous fuels operations funds.''
                                 ______
                                 
  SA 2037. Mr. BAUCUS (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. BUREAU OF LAND MANAGEMENT EMERGENCY FIREFIGHTING 
                   FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be used to pay 80 percent of the 
     cost to the United States for Bureau of Land Management 
     emergency wildland fire suppression activities that exceed 
     amounts annually appropriated for wildland fire suppression 
     activities (referred to in this section as the ``Fund''), 
     consisting of--
       (1) such amounts as are appropriated to the Fund under 
     subsection (e);
       (2) such amounts as are appropriated but not expended for 
     fire suppression activities, to be transferred to the Fund by 
     the Secretary of the Interior; and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (b) Expenditures From Fund.--Subject to paragraph (2), upon 
     request by the Secretary of the Interior, the Secretary of 
     the Treasury shall transfer from the Fund to the Secretary of 
     the Interior such amounts as the Secretary of the Interior 
     determines is necessary for wildland fire suppression 
     activities under subsection (a).
       (c) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Accounting and Reporting System.--The Secretary of the 
     Interior shall establish an accounting and reporting system 
     for the Fund in accordance with National Fire Plan reporting 
     procedures.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund--
       (1) for fiscal year 2004, $160,000,000 for emergency 
     wildland fire suppression activities carried out by the 
     Bureau of Land Management that exceed amounts annually 
     appropriated for wildland fire suppression activities; and

[[Page 26674]]

       (2) for each subsequent fiscal year, such amount as is 
     necessary to maintain in the Fund the amount that is equal to 
     80 percent of the greatest of the amounts incurred by the 
     Secretary of the Interior for emergency fire suppression 
     during any of the 5 preceding fiscal years that exceed 
     amounts annually appropriated for wildland fire suppression 
     activities.

     SEC. 8__. FOREST SERVICE EMERGENCY FIREFIGHTING FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be used to pay 80 percent of the 
     cost to the United States for Forest Service emergency 
     wildland fire suppression activities that exceed amounts 
     annually appropriated for wildland fire suppression 
     activities (referred to in this section as the ``Fund''), 
     consisting of--
       (1) such amounts as are appropriated to the Fund under 
     subsection (e);
       (2) such amounts as are appropriated but not expended for 
     fire suppression activities, to be transferred to the Fund by 
     the Secretary of Agriculture; and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (b) Expenditures From Fund.--Subject to paragraph (2), upon 
     request by the Secretary of Agriculture, the Secretary of the 
     Treasury shall transfer from the Fund to the Secretary of 
     Agriculture such amounts as the Secretary of Agriculture 
     determines is necessary for wildland fire suppression 
     activities under subsection (a).
       (c) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Accounting and Reporting System.--The Secretary of 
     Agriculture shall establish an accounting and reporting 
     system for the Fund in accordance with National Fire Plan 
     reporting procedures.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund--
       (1) for fiscal year 2004, $510,000,000 for emergency 
     wildland fire suppression activities carried out by the 
     Forest Service that exceed amounts annually appropriated for 
     wildland fire suppression activities; and
       (2) for each subsequent fiscal year, such amount as is 
     necessary to maintain in the Fund the amount that is equal to 
     80 percent of the greatest of the amounts incurred by the 
     Secretary of Agriculture for emergency fire suppression 
     during any of the 5 preceding fiscal years that exceed 
     amounts annually appropriated for wildland fire suppression 
     activities.
                                 ______
                                 
  SA 2038. Ms. CANTWELL (for herself and Mr. Jeffords) submitted an 
amendment intended to be proposed by her 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; as follows:

       In section 104, strike subsection (b) and insert the 
     following:
       (b) Study of the Analysis of Alternatives.--
       (1) In general.--The Comptroller General of the United 
     States shall study the environmental and economic costs and 
     benefits of the analysis of alternatives in environmental 
     assessments and environmental impact statements (pursuant to 
     section 102(2) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2))) prepared for any authorized 
     hazardous fuel reduction project, including the extent to 
     which the analysis of alternatives delays or otherwise 
     affects the preparation and completion of authorized 
     hazardous fuel reduction projects.
       (2) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report describing the results of the study under paragraph 
     (1) to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Resources of the House of 
     Representatives;
       (C) the Committee on Agriculture of the House of 
     Representatives;
       (D) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (E) the Subcommittee on Interior of the Committee on 
     Appropriations of the Senate; and
       (F) the Subcommittee on Interior and Related Agencies of 
     the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 2039. Mr. LEAHY (for himself, Mrs. Boxer, Mr. Harkin, Mr. 
Bingaman, and Mr. Durbin) proposed an amendment 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; as follows:

       Strike sections 105 and 106.
                                 ______
                                 
  SA 2040. Ms. CANTWELL submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 8__. WILDLAND FIREFIGHTER SAFETY.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means--
       (1) the Secretary of Agriculture, with respect to land of 
     the National Forest System described in section 3(1)(A); and
       (2) the Secretary of the Interior, with respect to public 
     lands described in section 3(1)(B).
       (b) Firefighter Safety and Training Budget.--The Secretary 
     shall--
       (1) track funds expended for firefighter safety and 
     training programs and activities; and
       (2) include a line item for such expenditures in each 
     budget request submitted after the date of enactment of this 
     Act.
       (c) Annual Report to Congress.--The Secretaries shall, on 
     an annual basis, jointly submit to Congress a report on the 
     implementation and efficacy of wildland firefighter safety 
     and training programs and activities.
       (d) Safety Qualification of Private Contractors.--
       (1) In general.--The Secretaries shall ensure that any 
     Federal contract or agreement entered into with a private 
     entity for wildland firefighting services requires the entity 
     to provide firefighter training that is consistent with 
     qualification standards established by the National Wildfire 
     Coordinating Group.
       (2) Compliance.--The Secretaries shall develop a program to 
     monitor and enforce compliance with the requirements of 
     paragraph (1).
                                 ______
                                 
  SA 2041. Mr. ENSIGN (for himself, Ms. Cantwell, and Mr. Santorum) 
submitted an amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8__. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER 
                   THE ANIMAL WELFARE ACT.

       (a) In General.--Section 26 of the Animal Welfare Act (7 
     U.S.C. 2156) is amended--
       (1) by redesignating subsections (c) through (h) as 
     subsections (d) through (i), respectively;
       (2) by inserting after subsection (b) the following:

[[Page 26675]]

       ``(c) Sharp Instruments.--It shall be unlawful for any 
     person to knowingly sell, buy, transport, or deliver in 
     interstate or foreign commerce a knife, a gaff, or any other 
     sharp instrument attached, or designed or intended to be 
     attached, to the leg of a bird for use in an animal fighting 
     venture.'';
       (3) in subsection (e) (as redesignated by paragraph (1)), 
     by striking ``(c)'' and inserting ``(d)'';
       (4) in subsection (f) (as redesignated by paragraph (1))--
       (A) by striking ``(a), (b), or (c)'' and inserting ``(a), 
     (b), (c), or (d)''; and
       (B) by striking ``1 year'' and inserting ``2 years'';
       (5) by striking subsection (g) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(g) Investigations.--
       ``(1) In general.--The Secretary or any person authorized 
     by the Secretary shall make such investigations as the 
     Secretary considers necessary to determine whether any person 
     has violated or is violating any provision of this section.
       ``(2) Assistance.--Through cooperative agreements, the 
     Secretary may obtain the assistance of the Federal Bureau of 
     Investigation, the Department of the Treasury, and other law 
     enforcement agencies of the United States and of State, 
     tribal, and local governmental agencies in the conduct of an 
     investigation under paragraph (1).
       ``(3) Warrants.--
       ``(A) Issuance.--A judge of the United States, United 
     States magistrate judge, or judge of a State or tribal court 
     of competent jurisdiction in the district in which is located 
     an animal, paraphernalia, instrument, or other property or 
     thing that there is probable cause to believe was involved, 
     is about to be involved, or is intended to be involved in a 
     violation of this section shall issue a warrant to search for 
     and seize the animal or other property or thing.
       ``(B) Application; execution.--A United States marshal or 
     any person authorized under this section to conduct an 
     investigation may apply for and execute a warrant issued 
     under subparagraph (A), and any animal, paraphernalia, 
     instrument, or other property or thing seized under such a 
     warrant shall be held by the authorized person pending 
     disposition of the animal, paraphernalia, instrument, or 
     other property or thing by a court in accordance with this 
     subsection.
       ``(4) Storage of animals.--
       ``(A) In general.--An animal seized by a United States 
     marshal or other authorized person under paragraph (3) shall 
     be taken promptly to an animal housing facility in which the 
     animal shall be stored humanely.
       ``(B) No facility available.--If there is not available a 
     suitable animal storage facility sufficient in size to hold 
     all of the animals involved in a violation, a United States 
     marshal or other authorized person shall--
       ``(i) seize a representative sample of the animals for 
     evidentiary purposes to be transported to an animal storage 
     facility in which the animals shall be stored humanely; and
       ``(ii)(I) keep the remaining animals at the location where 
     the animals were seized;
       ``(II) provide for the humane care of the animals; and
       ``(III) cause the animals to be banded, tagged, or marked 
     by microchip and photographed or videotaped for evidentiary 
     purposes.
       ``(5) Care.--While a seized animal is held in custody, a 
     United States marshal or other authorized person shall ensure 
     that the animal is provided necessary care (including 
     housing, feeding, and veterinary treatment).
       ``(6) Forfeiture.--
       ``(A) In general.--Any animal, paraphernalia, instrument, 
     vehicle, money, or other property or thing involved in a 
     violation of this section shall be liable to be proceeded 
     against and forfeited to the United States at any time on 
     complaint filed in any United States district court or other 
     court of the United States for any jurisdiction in which the 
     animal, paraphernalia, instrument, vehicle, money, or other 
     property or thing is found.
       ``(B) Disposition.--On entry of a judgment of forfeiture, a 
     forfeited animal shall be disposed of by humane means, as the 
     court may direct.
       ``(C) Costs.--Costs incurred by the United States for care 
     of an animal seized and forfeited under this section shall be 
     recoverable from the owner of the animal--
       ``(i) in the forfeiture proceeding, if the owner appears in 
     the forfeiture proceeding; or
       ``(ii) in a separate civil action brought in the 
     jurisdiction in which the owner is found, resides, or 
     transacts business.
       ``(D) Claim to property.--
       ``(i) In general.--The owner, custodian, or other person 
     claiming an interest in a seized animal may prevent 
     disposition of the animal by posting, or may be ordered by 
     any United States district court or other court of the United 
     States, or by any tribal court, for any jurisdiction in which 
     the animal is found to post, not later than 10 days after the 
     animal is seized, a bond with the court in an amount 
     sufficient to provide for the care of the animal (including 
     housing, feeding, and veterinary treatment) for not less than 
     30 days.
       ``(ii) Renewal.--The owner, custodian, or other person 
     claiming an interest in a seized animal may renew a bond, or 
     be ordered to renew a bond, by posting a new bond, in an 
     amount sufficient to provide for the care of the animal for 
     at least an additional 30 days, not later than 10 days after 
     the expiration of the period for which a previous bond was 
     posted.
       ``(iii) Disposition.--If a bond expires and is not renewed, 
     the animal may be disposed of as provided in subparagraph 
     (A).
       ``(7) Euthanization.--Notwithstanding paragraphs (1) 
     through (6), an animal may be humanely euthanized if a 
     veterinarian determines that the animal is suffering extreme 
     pain.''; and
       (6) in subsection (h) (as redesignated by paragraph (1))--
       (A) in subparagraphs (A) and (B) of paragraph (2), by 
     inserting before the semicolon the following: ``(including a 
     movement to, from, or within land under the jurisdiction of 
     an Indian tribe)''; and
       (B) in paragraph (3), by striking ``telephone, radio, or 
     television'' and inserting ``telephone, the Internet, radio, 
     television, or any technology''.
       (b) Authorization of Appropriations.--Section 23 of the 
     Animal Welfare Act (7 U.S.C. 2153) is amended--
       (1) by striking ``Sec. 23. The Secretary'' and inserting 
     the following:

     ``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fees.--The Secretary''; and
       (2) by striking the third sentence and inserting the 
     following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this Act.''.
       (c) Effective Date.--The amendments made by this section 
     take effect on the later of--
       (1) the date of enactment of this Act; or
       (2) May 13, 2003.
                                 ______
                                 
  SA 2042. Mr. BINGAMAN proposed an amendment 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; as follows:

       At the appropriate place insert the following--

     SEC.  . BEST-VALUE CONTRACTING.

       (a) To conduct a project under this Act, the Secretaries 
     may use best value contracting criteria in awarding contracts 
     and agreements. Best value contracting criteria includes--
       (1) the ability of the contractor to meet the ecological 
     goals of the projects;
       (2) the use of equipment that will minimize or eliminate 
     impacts on soils; and
       (3) benefits to local communities such as ensuring that the 
     byproducts are processed locally.
                                 ______
                                 
  SA 2043. Mrs. BOXER (for herself and Mr. Reid) proposed an amendment 
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; as follows:

       On page 25 of Amendment No. 1828 (previously agreed to), 
     line 7, strike ``50 percent'' and insert ``70 percent''.
                                 ______
                                 
  SA 2044. Mr. LUGAR (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows:


[[Page 26676]]

       At the appropriate place, insert the following:

     SEC. __. PUERTO RICO KARST CONSERVATION.

       (a) Short Title.--This section may be cited as the ``Puerto 
     Rico Karst Conservation Act of 2003''.
       (b) Findings.--Congress finds that--
       (1) in the Karst Region of the Commonwealth of Puerto Rico 
     there are--
       (A) some of the largest areas of tropical forests in Puerto 
     Rico, with a higher density of tree species than any other 
     area in the Commonwealth; and
       (B) unique geological formations that are critical to the 
     maintenance of aquifers and watersheds that constitute a 
     principal water supply for much of the Commonwealth;
       (2) the Karst Region is threatened by development that, if 
     unchecked, could permanently damage the aquifers and cause 
     irreparable damage to natural and environmental assets that 
     are unique to the United States;
       (3) the Commonwealth has 1 of the highest population 
     densities in the United States, which makes the protection of 
     the Karst Region imperative for the maintenance of the public 
     health and welfare of the citizens of the Commonwealth;
       (4) the Karst Region--
       (A) possesses extraordinary ecological diversity, including 
     the habitats of several endangered and threatened species and 
     tropical migrants; and
       (B) is an area of critical value to research in tropical 
     forest management; and
       (5) coordinated efforts at land protection by the Federal 
     Government and the Commonwealth are necessary to conserve the 
     environmentally critical Karst Region.
       (c) Purposes.--The purposes of this section are--
       (1) to authorize and support conservation efforts to 
     acquire, manage, and protect the tropical forest areas of the 
     Karst Region, with particular emphasis on water quality and 
     the protection of the aquifers that are vital to the health 
     and wellbeing of the citizens of the Commonwealth; and
       (2) to promote cooperation among the Commonwealth, Federal 
     agencies, corporations, organizations, and individuals in 
     those conservation efforts.
       (d) Definitions.--In this section:
       (1) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.
       (2) Forest legacy program.--The term ``Forest Legacy 
     Program'' means the program established under section 7 of 
     the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c).
       (3) Fund.--The term ``Fund'' means the Puerto Rico Karst 
     Conservation Fund established by subsection (f).
       (4) Karst region.--The term ``Karst Region'' means the 
     areas in the Commonwealth generally depicted on the map 
     entitled ``Karst Region Conservation Area'' and dated March 
     2001, which shall be on file and available for public 
     inspection in--
       (A) the Office of the Secretary, Puerto Rico Department of 
     Natural and Environmental Resources; and
       (B) the Office of the Chief of the Forest Service.
       (5) Land.--The term ``land'' includes land, water, and an 
     interest in land or water.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (e) Conservation of the Karst Region.--
       (1) Federal cooperation and assistance.--In furtherance of 
     the acquisition, protection, and management of land in and 
     adjacent to the Karst Region and in implementing related 
     natural resource conservation strategies, the Secretary may--
       (A) make grants to and enter into contracts and cooperative 
     agreements with the Commonwealth, other Federal agencies, 
     organizations, corporations, and individuals; and
       (B) use all authorities available to the Secretary, 
     including--
       (i) the Forest and Rangeland Renewable Resources Research 
     Act of 1978 (16 U.S.C. 1641 et seq.);
       (ii) section 1472 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318); 
     and
       (iii) section 12 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a).
       (2) Funding sources.--The activities authorized by this 
     subsection may be carried out using--
       (A) amounts in the Fund;
       (B) amounts in the fund established by section 4(b) of the 
     Forest and Rangeland Renewable Resources Research Act of 1978 
     (16 U.S.C. 1643(b));
       (C) funds appropriated from the Land and Water Conservation 
     Fund;
       (D) funds appropriated for the Forest Legacy Program; and
       (E) any other funds made available for those activities.
       (3) Management.--
       (A) In general.--Land acquired under this subsection shall 
     be managed, in accordance with the Forest and Rangeland 
     Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et 
     seq.), in a manner to protect and conserve the water quality 
     and aquifers and the geological, ecological, fish and 
     wildlife, and other natural values of the Karst Region.
       (B) Failure to manage as required.--In any deed, grant, 
     contract, or cooperative agreement implementing this 
     subsection and the Forest Legacy Program in the Commonwealth, 
     the Secretary may require that, if land acquired by the 
     Commonwealth or other cooperating entity under this section 
     is sold or conveyed in whole or part, or is not managed in 
     conformity with subparagraph (A), title to the land shall, at 
     the discretion of the Secretary, vest in the United States.
       (4) Willing sellers.--Any land acquired by the Secretary in 
     the Karst Region shall be acquired only from a willing 
     seller.
       (5) Relation to other authorities.--Nothing in this 
     subsection--
       (A) diminishes any other authority that the Secretary may 
     have to acquire, protect, and manage land and natural 
     resources in the Commonwealth; or
       (B) exempts the Federal Government from Commonwealth water 
     laws.
       (f) Puerto Rico Karst Conservation Fund.--
       (1) Establishment.--There is established in the Treasury an 
     interest-bearing account to be known as the ``Puerto Rico 
     Karst Conservation Fund''.
       (2) Credits to fund.--There shall be credited to the Fund--
       (A) amounts appropriated to the Fund;
       (B) all amounts donated to the Fund;
       (C) all amounts generated from the Caribbean National 
     Forest that would, but for this paragraph, be deposited as 
     miscellaneous receipts in the Treasury of the United States, 
     but not including amounts authorized by law for payments to 
     the Commonwealth or authorized by law for retention by the 
     Secretary for any purpose;
       (D) all amounts received by the Administrator of General 
     Services from the disposal of surplus real property in the 
     Commonwealth under subtitle I of title 40, United States 
     Code; and
       (E) interest derived from amounts in the Fund.
       (3) Use of fund.--Amounts in the Fund shall be available to 
     the Secretary until expended, without further appropriation, 
     to carry out subsection (e).
       (g) Miscellaneous Provisions.--
       (1) Donations.--
       (A) In general.--The Secretary may accept donations, 
     including land and money, made by public and private 
     agencies, corporations, organizations, and individuals in 
     furtherance of the purposes of this subsection.
       (B) Conflicts of interest.--The Secretary may accept 
     donations even if the donor conducts business with or is 
     regulated by the Department of Agriculture or any other 
     Federal agency.
       (C) Applicable law.--Public Law 95-442 (7 U.S.C. 2269) 
     shall apply to donations accepted by the Secretary under this 
     paragraph.
       (2) Relation to forest legacy program.--
       (A) In general.--All land in the Karst Region shall be 
     eligible for inclusion in the Forest Legacy Program.
       (B) Cost sharing.--The Secretary may credit donations made 
     under paragraph (1) to satisfy any cost-sharing requirements 
     of the Forest Legacy Program.
       (h) Authorization of Appropriations.--
       There are authorized to be appropriated such sums as are 
     necessary to carry out this section.
                                 ______
                                 
  SA 2045. Mr. HARKIN (for himself, Mr. Lautenberg, Mr. Kennedy, Mrs. 
Boxer, Mr. Leahy, and Mr. Durbin) proposed an amendment 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; as follows:

       At the end of title I, add the following:

     SEC. 109. AUTHORIZATION.

       The authority provided by this title applies during the 5-
     year period beginning on the date of enactment of this Act.
                                 ______
                                 
  SA 2046. Mr. COCHRAN proposed an amendment 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; as follows:

       On page 5 of Amendment No. 1828 previously agreed to 
     (END03.775), line 23, strike ``Urban Wildlife'' and insert 
     ``Wildland Urban''.

[[Page 26677]]

       On page 7 of Amendment No. 1828, line 9, strike ``natural 
     resources department'' and insert ``agency responsible for 
     forest management''.
       On page 17 of Amendment No. 1828, strike lines 6 through 8 
     and insert the following:
       (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
       On page 18 of Amendment No. 1828, line 23, insert ``in 
     carrying out a covered project'' after ``paragraph (2)''.
       On page 19 of Amendment No. 1828, line 5, insert ``for the 
     purpose of carrying out covered projects'' before the period.
       On page 19 of Amendment No. 1828, line 11, insert ``in 
     carrying out a covered project'' after ``paragraph (2)''.
       On page 20 of Amendment No. 1828, line 12, strike ``period 
     described in clause (ii)'' and insert ``applicable period 
     described in subparagraph (A)''.
       Beginning on page 20 of Amendment No. 1828, strike line 24 
     and all that follows through page 21, line 2, and insert the 
     following:

       (II) ending on the earlier of--

       (aa) the date the Secretary completes the action required 
     by subparagraph (B) for the standards; or
       (bb) the date on which the acreage limitation specified in 
     subsection (c) (as that limitation may be adjusted by 
     subsequent Act of Congress) is reached.
       On page 21 of Amendment No. 1828, strike lines 3 through 
     12.
       On page 21 of Amendment No. 1828, lines 13 and 14, strike 
     ``Subject to subsection (e), the'' and insert ``Except in old 
     growth stands where the standards are consistent with 
     subsection (e)(2), the''.
       On page 25 of Amendment No. 1828, lines 20 and 21, strike 
     ``authorized''.
       On page 28 of Amendment No. 1828, strike lines 22 through 
     25.
       On page 33 of Amendment No. 1828, line 6, strike 
     ``Nothing'' and insert ``For projects and activities of the 
     National Forest System other than authorized hazardous fuel 
     reduction projects, nothing''.
       On page 80 of the Committee amendment, strike lines 1 
     through 9 and insert the following:
       (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''.
       On page 85 of the Committee amendment, line 11, strike 
     ``The'' and insert ``In the case of a participating State, 
     the''.
       On page 85 of the Committee amendment, line 22, insert ``in 
     participating States'' after ``officials''.
       On page 85 of the Committee amendment, line 24, insert ``to 
     participating States'' after ``provided''.
       On page 86 of the Committee amendment, line 5, insert 
     ``participating'' after ``official of a''.
       On page 106 of the Committee amendment, strike lines 15 and 
     16 and insert the following:
       (C) an agreement of not more than 99 years.
       On page 107 of the Committee amendment, line 14, strike 
     ``agreement and easement, and their'' and insert ``agreement, 
     and''.
       Beginning on page 108 of the Committee amendment, strike 
     line 9 and all that follows through page 109, line 21, and 
     insert the following:
       (a) Agreements of Not More Than 99 Years.--In the case of 
     land enrolled in the healthy forests reserve program using an 
     agreement of not more than 99 years described in section 
     502(f)(1)(C), the Secretary of Agriculture shall pay the 
     owner of the land an amount equal to not less than 75 
     percent, nor more than 100 percent, of (as determined by the 
     Secretary)--
       (1) the fair market value of the enrolled land during the 
     period the land is subject to the agreement, less the fair 
     market value of the land encumbered by the agreement; and
       (2) the actual costs of the approved conservation practices 
     or the average cost of approved practices carried out on the 
     land during the period in which the land is subject to the 
     agreement.
       On page 111 of the Committee amendment, line 1, strike 
     ``and easements''.
       On page 118 of the Committee amendment, line 1, insert 
     ``and collaboration'' after ``incentives''.
       On page 121 of the Committee amendment, line 2, insert 
     ``and'' after the semicolon.
       On page 121 of the Committee amendment, line 3, strike the 
     semicolon and insert a period.
       On page 121 of the Committee amendment, strike lines 4 
     through 9.
       On page 121 of the Committee amendment, line 20, strike 
     ``Coordination'' and insert ``Consultation''.
       On page 121 of the Committee amendment, line 21, strike 
     ``coordinate'' and insert ``consult''.
       On page 122 of the Committee amendment, strike lines 1 
     through 4 and insert the following:
       (D) 1890 institutions;
       (E) research stations and laboratories of the Forest 
     Service;
       (F) other agencies of the Department of Agriculture that 
     administer rural development programs; and
       (G) private nonprofit organizations.
       On page 123 of the Committee amendment, strike lines 3 
     through 20 and insert the following:
       (c) Forest Enterprise Centers.--
       (1) In general.--The Secretary shall establish Forest 
     Enterprise Centers to provide services to rural forest-
     dependent communities.
       (2) Location.--A Center shall be located within close 
     proximity of rural forest-dependent communities served by the 
     Center, with at least 1 center located in each of the States 
     of California, Idaho, Oregon, Montana, New Mexico, Vermont, 
     and Washington.
       (3) Duties.--A Center shall--
       (A) carry out eligible projects; and
       (B) coordinate assistance provided to small forest products 
     businesses with--
       (i) the Small Business Administration, including the timber 
     set-aside program carried out by the Small Business 
     Administration;
       (ii) the Rural Utilities Service, the Rural Housing 
     Service, and the Rural Business-Cooperative Service of the 
     Department of Agriculture;
       (iii) the Economic Development Administration, including 
     the local technical assistance program of the Economic 
     Development Administration; and
       (iv) research stations and laboratories of the Forest 
     Service.
       Beginning on page 124 of the Committee amendment, strike 
     line 21 and all that follows through page 126, line 22, and 
     insert the following:

     SEC. 801. FOREST INVENTORY AND MANAGEMENT.

       Section 17 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2101 note; Public Law 95313) is amended to 
     read as follows:

     ``SEC. 17. FOREST INVENTORY AND MANAGEMENT.

       ``(a) In General.--The Secretary shall carry out a program 
     using geospatial and information management technologies 
     (including remote sensing imaging and decision support 
     systems) to inventory, monitor, characterize, assess, and 
     identify forest stands and potential forest stands on--
       ``(1) units of the National Forest System; and
       ``(2) private forest land, with the consent of the owner of 
     the land.
       ``(b) Means.--The Secretary shall carry out the program 
     through the use of--
       ``(1) remote sensing technology of the National Aeronautics 
     and Space Administration and the United States Geological 
     Survey;
       ``(2) emerging geospatial capabilities in research 
     activities;
       ``(3) validating techniques, including coordination and 
     reconciliation with existing data through field verification, 
     using application demonstrations; and
       ``(4) integration of results into pilot operational 
     systems.
       ``(c) Issues To Be Addressed.--In carrying out the program, 
     the Secretary shall address issues including--
       ``(1) early detection, identification, and assessment of 
     environmental threats (including insect, disease, invasive 
     species, fire, acid deposition, and weather-related risks and 
     other episodic events);
       ``(2) loss or degradation of forests;
       ``(3) degradation of the quality forest stands caused by 
     inadequate forest regeneration practices;
       ``(4) quantification of carbon uptake rates;
       ``(5) management practices that focus on preventing further 
     forest degradation; and
       ``(6) characterization of vegetation types, density, fire 
     regimes, post-fire effects, and condition class.
       ``(d) Early Warning System.--In carrying out the program, 
     the Secretary shall develop a comprehensive early warning 
     system for potential catastrophic environmental threats to 
     forests to increase the likelihood that forest managers will 
     be able to--
       ``(1) isolate and treat a threat before the threat gets out 
     of control; and
       ``(2) prevent epidemics, such as the American chestnut 
     blight in the first half of the twentieth century, that could 
     be environmentally and economically devastating to forests.
       ``(e) Administration.--To carry out this section, the 
     Secretary shall--
       ``(1) designate a facility within Forest Service Region 8 
     that--
       ``(A) is best-suited to take advantage of existing 
     resources to coordinate and carry out the program through the 
     means described in subsection (b); and
       ``(B) will address the issues described in subsection (c), 
     with a particular emphasis on hardwood forest stands in the 
     Eastern United States; and
       ``(2) designate a facility in the Ochoco National Forest 
     headquarters within Forest Service Region 6 that will address 
     the issues described in subsection (c), with a particular 
     emphasis on coniferous forest stands in the Western United 
     States.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.

[[Page 26678]]

       On page 134 of the Committee amendment, line 20, strike 
     ``each of fiscal years 2004 through 2008'' and insert ``each 
     fiscal year''.
       On page 134 of the Committee amendment, between lines 20 
     and 21, insert the following:

     SEC. 805. EMERGENCY FUEL REDUCTION GRANTS.

       (a) In General.--The Secretary of Agriculture shall 
     establish an emergency fuel reduction grant program under 
     which the Secretary shall provide grants to State and local 
     agencies to carry out hazardous fuel reduction projects 
     addressing threats of catastrophic fire that pose a serious 
     threat to human life, as determined by the Forest Service.
       (b) Eligible Projects.--To be eligible to be carried out 
     with a grant under the program, a hazardous fuel reduction 
     project shall--
       (1) be surrounded by or immediately adjacent to the 
     boundary of a national forest;
       (2) be determined to be of paramount urgency, as indicated 
     by declarations to that effect by both local officials and 
     the Governor of the State in which in the project is to be 
     carried out; and
       (3) remove fuel loading that poses a serious threat to 
     human life, as determined by the Forest Service.
       (c) Uses of Grants.--A grant under the program may be used 
     only--
       (1) to remove trees, shrubs, or other potential fuel 
     adjacent to a primary evacuation route;
       (2) to remove trees, shrubs, or other potential fuel that 
     are adjacent to an emergency response center, emergency 
     communication facility, or site designated as a shelter-in-
     place facility; or
       (3) to conduct an evacuation drill or preparation.
       (d) Revolving Fund.--
       (1) In general.--In the case of a grant under the program 
     that is used to carry out a project on private or county 
     land, the grant recipient shall deposit in a revolving fund 
     maintained by the Secretary any proceeds from the sale of 
     timber or biomass as a result of the project.
       (2) Use.--The Secretary shall use amounts in the revolving 
     fund to make other grants under this section, without further 
     appropriation.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Agriculture to carry 
     out this section $50,000,000 for each fiscal year.
       At the appropriate place insert:

     SEC. XX. EASTERN NEVADA LANDSCAPE COALITION.

       (a) In General.--(i) The Secretary of Agriculture and the 
     Secretary of Interior are authorized to make grants to the 
     Eastern Nevada Landscape Coalition for the study and 
     restoration of rangeland and other lands in Nevada's Great 
     Basin in order to help assure the reduction of hazardous 
     fuels and for related purposes.
       (ii) Notwithstanding sections 6301 through 6308 of title 
     31, United States Code, the Director of the Bureau of Land 
     Management shall enter into a cooperative agreement with the 
     Eastern Nevada Landscape Coalition for the Great Basin 
     Restoration Project, including hazardous fuels and mechanical 
     treatments and related work.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       On page 134 of the Committee amendment, line 21, strike 
     ``805'' after ``807''.
       At the end of title VIII, add the following:

     SEC. 8__. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   PROGRAM; FOREST LEGACY PROGRAM.

       (a) Suburban and Community Forestry and Open Space 
     Program.--The Cooperative Forestry Assistance Act of 1978 (16 
     U.S.C. 2101 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Committee.--The term `Committee' means a State Forest 
     Stewardship Coordinating Committee established under section 
     19(b).
       ``(2) Eligible entity.--The term `eligible entity' means a 
     unit of local government or a nonprofit organization that--
       ``(A) the Secretary determines, in accordance with the 
     criteria established under subsection (c)(1)(A)(ii)(II) is 
     eligible to receive a grant under subsection (c)(2); and
       ``(B) the State forester, in consultation with the 
     Committee, determines--
       ``(i) has the abilities necessary to acquire and manage 
     interests in real property; and
       ``(ii) has the resources necessary to monitor and enforce 
     any terms applicable to the eligible project.
       ``(3) Eligible project.--The term `eligible project' means 
     a fee purchase, easement, or donation of land to conserve 
     private forest land identified for conservation under 
     subsection (c)(1)(A)(ii)(I).
       ``(4) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(5) Nonprofit organization.--The term `nonprofit 
     organization' means any organization that is--
       ``(A) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       ``(B) exempt from taxation under 501(a) of the Internal 
     Revenue Code of 1986.
       ``(6) Private forest land.--The term `private forest land' 
     means land that is--
       ``(A) capable of producing commercial forest products; and
       ``(B) owned by--
       ``(i) a private entity; or
       ``(ii) an Indian tribe.
       ``(7) Program.--The term `program' means the Suburban and 
     Community Forestry and Open Space Program established by 
     subsection (b).
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(b) Establishment.--
       ``(1) In general.--There is established within the Forest 
     Service a program to be known as the `Suburban and Community 
     Forestry and Open Space Program'.
       ``(2) Purpose.--The purpose of the program is to provide 
     assistance to eligible entities to carry out eligible 
     projects in States in which less than 25 percent of the land 
     is owned by the United States to--
       ``(A) conserve private forest land and maintain working 
     forests in areas threatened by significant suburban sprawl or 
     by conversion to nonforest uses; and
       ``(B) provide communities a means by which to address 
     significant suburban sprawl.
       ``(c) Grant Program.--
       ``(1) Identification of eligible private forest land.--
       ``(A) Criteria.--
       ``(i) National criteria.--The Secretary shall establish 
     national eligibility criteria for the identification of 
     private forest land that may be conserved under this section.
       ``(ii) State criteria.--The State forester, in consultation 
     with the Committee, shall, based on the criteria established 
     under clause (i), and subject to the approval of the 
     Secretary, establish criteria for--

       ``(I) the identification, subject to subparagraph (B), of 
     private forest land in each State that may be conserved under 
     this section; and
       ``(II) the identification of eligible entities.

       ``(B) Conditions for eligible private forest land.--Private 
     forest land identified for conservation under subparagraph 
     (A)(ii)(I) shall be land that--
       ``(i) is located in a State in which less than 25 percent 
     of the land is owned by the United States; and
       ``(ii) as determined by the State forester, in consultation 
     with the Committee and subject to the approval of the 
     Secretary--

       ``(I) is located in an area that is affected, or threatened 
     to be affected, by significant suburban sprawl, taking into 
     account housing needs in the area; and
       ``(II) is threatened by present or future conversion to 
     nonforest use.

       ``(2) Grants.--
       ``(A) Eligible projects.--
       ``(i) In general.--In carrying out this section, the 
     Secretary shall award competitive grants to eligible entities 
     to carry out eligible projects.
       ``(ii) Public access.--Eligible entities are encouraged to 
     provide public access to land on which an eligible project is 
     carried out.
       ``(B) Application; stewardship plan.--An eligible entity 
     that seeks to receive a grant under this section shall submit 
     to the State forester--
       ``(i) at such time and in such form as the Secretary shall 
     prescribe, an application for the grant (including a 
     description of any private forest land to be conserved using 
     funds from the grant and a description of the extent of the 
     threat of conversion to nonforest use); and
       ``(ii) a stewardship plan that describes the manner in 
     which--

       ``(I) any private forest land to be conserved using funds 
     from the grant will be managed in accordance with this 
     section;
       ``(II) the stewardship plan will be implemented; and
       ``(III) the public benefits to be achieved from 
     implementation of the stewardship plan.

       ``(C) Assessment of need.--With respect to an application 
     submitted under subparagraph (B), the State forester shall--
       ``(i) assess the need for preserving suburban forest land 
     and open space and containing suburban sprawl in the State, 
     taking into account the housing needs of the area in which 
     the eligible project is to be carried out; and
       ``(ii) submit to the Secretary--

       ``(I) the application submitted under subparagraph (B); and
       ``(II) the assessment of need.

       ``(D) Approval or disapproval.--
       ``(i) In general.--Subject to clause (ii), as soon as 
     practicable after the date on which the Secretary receives an 
     application under subparagraph (C)(ii) or a resubmission 
     under subclause (II)(bb)(BB), the Secretary shall--

       ``(I) review the application; and
       ``(II)(aa) award a grant to the applicant; or
       ``(bb)(AA) disapprove the application; and
       ``(BB) provide the applicant a statement that describes the 
     reasons why the application was disapproved (including a 
     deadline by which the applicant may resubmit the 
     application).

[[Page 26679]]

       ``(ii) Considerations; priority.--In awarding grants under 
     this section, the Secretary shall--

       ``(I) consider the need for the eligible project based on 
     the assessment of need submitted under subparagraph (C) and 
     subject to any criteria under paragraph (1); and
       ``(II) give priority to applicants that propose to fund 
     eligible projects that promote--

       ``(aa) the preservation of suburban forest land and open 
     space;
       ``(bb) the containment of suburban sprawl;
       ``(cc) the sustainable management of private forest land;
       ``(dd) community involvement in determining the objectives 
     for eligible projects that are funded under this section; and
       ``(ee) community and school education programs and 
     curricula relating to sustainable forestry.
       ``(3) Cost sharing.--
       ``(A) In general.--The amount of a grant awarded under this 
     section to carry out an eligible project shall not exceed 50 
     percent of the total cost of the eligible project.
       ``(B) Assurances.--As a condition of receipt of a grant 
     under this section, an eligible entity shall provide to the 
     Secretary such assurances as the Secretary determines are 
     sufficient to demonstrate that the share of the cost of each 
     eligible project that is not funded by the grant awarded 
     under this section has been secured.
       ``(C) Form.--The share of the cost of carrying out any 
     eligible project described in subparagraph (A) that is not 
     funded by a grant awarded under this section may be provided 
     in cash or in kind (including a donation of land).
       ``(d) Use of Grant Funds for Purchases of Land or 
     Easements.--
       ``(1) Purchases.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     funds made available, and grants awarded, under this section 
     may be used to purchase private forest land or interests in 
     private forest land (including conservation easements) only 
     from willing sellers at fair market value.
       ``(B) Sales at less than fair market value.--A sale of 
     private forest land or an interest in private forest land at 
     less than fair market value shall be permitted only on 
     certification by the landowner that the sale is being entered 
     into willingly and without coercion.
       ``(2) Title.--Title to private forest land or an interest 
     in private forest land purchased under paragraph (1) may be 
     held, as determined appropriate by the Secretary, by--
       ``(A) a State;
       ``(B) a unit of local government; or
       ``(C) a nonprofit organization.
       ``(3) Termination of easement.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     all right, title, and interest of a unit of local government 
     or nonprofit organization in and to a conservation easement 
     shall terminate and vest in the State if the State determines 
     that--
       ``(i) the unit of local government or nonprofit 
     organization is unable or unwilling to enforce the terms of 
     the conservation easement; or
       ``(ii) the conservation easement has been modified in a way 
     that is inconsistent with the purposes of the program.
       ``(B) Conveyance to another unit of local government or 
     nonprofit organization.--If the State makes a determination 
     under subparagraph (A), the State may convey or authorize the 
     unit of local government or nonprofit organization to convey 
     the conservation easement to another unit of local government 
     or nonprofit organization.
       ``(e) Administrative Costs.--The State, on approval of the 
     Secretary and subject to any regulations promulgated by the 
     Secretary, may use amounts made available under subsection 
     (g) to pay the administrative costs of the State relating to 
     the program.
       ``(f) Report.--The Secretary shall submit to Congress a 
     report on the eligible projects carried out under this 
     section in accordance with section 8(c) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1606(c)).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $50,000,000 for fiscal year 2004; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.''.
       (b) Forest Legacy Program.--Section 7 of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is 
     amended--
       (1) in subsection (c), by striking the last sentence;
       (2) in subsection (i), by striking ``subsection (b)'' and 
     inserting ``this section'';
       (3) in subsection (j)(1), by inserting ``(other than by 
     donation)'' after ``acquired'';
       (4) in subsection (k)(2), by striking ``the United States 
     or its'' and inserting ``the United States, a State, or other 
     entity, or their''; and
       (5) in subsection (l), by adding at the end the following:
       ``(3) State authorization.--
       ``(A) Definition of state forester.--The term `State 
     forester' has the meaning given the term in section 4(k).
       ``(B) In general.--Notwithstanding subsection (c) and 
     paragraph (2)(B), the Secretary shall, on request by a State, 
     authorize the State to allow a qualified organization (as 
     defined in section 170(h)(3) of the Internal Revenue Code of 
     1986) and that is organized for at least 1 of the purposes 
     described in section 170(h)(4)(A) of that Code, using amounts 
     granted to a State under this paragraph, to acquire 1 or more 
     conservation easements to carry out the Forest Legacy Program 
     in the State.
       ``(C) Eligibility.--To be eligible to acquire and manage 
     conservation easements under this paragraph, a qualified 
     organization described in subparagraph (B) shall, as 
     determined by the Secretary, acting through the State 
     forester, demonstrate the abilities necessary to acquire, 
     monitor, and enforce interests in forest land consistent with 
     the Forest Legacy Program and the assessment of need for the 
     State.
       ``(D) Monitoring and enforcement.--
       ``(i) In general.--A qualified organization that acquires a 
     conservation easement under this paragraph shall be 
     responsible for monitoring and enforcing the terms of the 
     conservation easement and any of the costs of the qualified 
     organization associated with such monitoring and enforcement.
       ``(ii) Contingent rights.--If a qualified organization that 
     acquires a conservation easement under this paragraph fails 
     to enforce the terms of the conservation easement, as 
     determined by the State, the State or the Secretary shall 
     have the right to enforce the terms of the conservation 
     easement under Federal or State law.
       ``(iii) Amendments.--Any amendments to a conservation 
     easement that materially affect the terms of the conservation 
     easement shall be subject to approval by the Secretary or the 
     State, as appropriate.
       ``(E) Termination of easement.--
       ``(i) In general.--Except as provided in clause (ii), all 
     right, title, and interest of a qualified organization 
     described in subparagraph (B) in and to a conservation 
     easement shall terminate and vest in the State or a qualified 
     designee if the State determines that--

       ``(I) the qualified organization fails to enforce the terms 
     of the conservation easement;
       ``(II) the conservation easement has been modified in a way 
     that is inconsistent with the purposes of the Forest Legacy 
     Program or the assessment of need for the State; or
       ``(III) the conservation easement has been conveyed to 
     another person (other than to a qualified organization).

       ``(ii) Conveyance to another qualified organization.--If 
     the State makes a determination under clause (i), the State 
     may convey or authorize the qualified organization to convey 
     the conservation easement to another qualified organization.
       ``(F) Implementation.--The Secretary, acting through the 
     State forester, shall implement this paragraph in accordance 
     with the assessment of need for the State as approved by the 
     Secretary.''.
       At the end, add the following:
                TITLE __--HIGHLANDS REGION CONSERVATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Highlands Conservation 
     Act''.

     SEC. __02. FINDINGS.

       Congress finds the following:
       (1) The Highlands region is a physiographic province that 
     encompasses more than 2,000,000 acres extending from eastern 
     Pennsylvania through the States of New Jersey and New York to 
     northwestern Connecticut.
       (2) The Highlands region is an environmentally unique area 
     that--
       (A) provides clean drinking water to over 15,000,000 people 
     in metropolitan areas in the States of Connecticut, New 
     Jersey, New York, and Pennsylvania;
       (B) provides critical wildlife habitat, including habitat 
     for 247 threatened and endangered species;
       (C) maintains an important historic connection to early 
     Native American culture, colonial settlement, the American 
     Revolution, and the Civil War;
       (D) contains recreational resources for 14 million visitors 
     annually;
       (E) provides other significant ecological, natural, 
     tourism, recreational, educational, and economic benefits; 
     and
       (F) provides homeownership opportunities and access to 
     affordable housing that is safe, clean, and healthy;
       (3) An estimated 1 in 12 citizens of the United States live 
     within a 2-hour drive of the Highlands region.
       (4) More than 1,400,000 residents live in the Highlands 
     region.
       (5) The Highlands region forms a greenbelt adjacent to the 
     Philadelphia-New York City-Hartford urban corridor that 
     offers the opportunity to preserve water, forest and 
     agricultural resources, wildlife habitat, recreational areas, 
     and historic sites, while encouraging sustainable economic 
     growth and development in a fiscally and environmentally 
     sound manner.
       (6) Continued population growth and land use patterns in 
     the Highlands region--
       (A) reduce the availability and quality of water;
       (B) reduce air quality;
       (C) fragment the forests;
       (D) destroy critical migration corridors and forest 
     habitat; and
       (E) result in the loss of recreational opportunities and 
     scenic, historic, and cultural resources;

[[Page 26680]]

       (7) The water, forest, wildlife, recreational, 
     agricultural, and cultural resources of the Highlands region, 
     in combination with the proximity of the Highlands region to 
     the largest metropolitan areas in the United States, make the 
     Highlands region nationally significant.
       (8) The national significance of the Highlands region has 
     been documented in--
       (A) the New York-New Jersey Highlands Regional Study 
     conducted by the Forest Service in 1990;
       (B) the New York-New Jersey Highlands Regional Study: 2002 
     Update conducted by the Forest Service;
       (C) the bi-State Skylands Greenway Task Force Report;
       (D) the New Jersey State Development and Redevelopment 
     Plan;
       (E) the New York State Open Space Conservation Plan;
       (F) the Connecticut Green Plan: Open Space Acquisition FY 
     2001-2006;
       (G) the open space plans of the State of Pennsylvania; and
       (H) other open space conservation plans for States in the 
     Highlands region;
       (9) The Highlands region includes or is adjacent to 
     numerous parcels of land owned by the Federal Government or 
     federally designated areas that protect, conserve, or restore 
     resources of the Highlands region, including--
       (A) the Wallkill River National Wildlife Refuge;
       (B) the Shawanagunk Grasslands Wildlife Refuge;
       (C) the Morristown National Historical Park;
       (D) the Delaware and Lehigh Canal Corridors;
       (E) the Hudson River Valley National Heritage Area;
       (F) the Delaware River Basin;
       (G) the Delaware Water Gap National Recreation Area;
       (H) the Upper Delaware Scenic and Recreational River;
       (I) the Appalachian National Scenic Trail;
       (J) the United States Military Academy at West Point, New 
     York;
       (K) the Highlands National Millenium Trail;
       (L) the Great Swamp National Wildlife Refuge;
       (M) the proposed Crossroads of the Revolution National 
     Heritage Area;
       (N) the proposed Musconetcong National Scenic and 
     Recreational River in New Jersey; and
       (O) the Farmington River Wild and Scenic Area in 
     Connecticut;
       (10) It is in the interest of the United States to protect, 
     conserve, and restore the resources of the Highlands region 
     for the residents of, and visitors to, the Highlands region.
       (11) The States of Connecticut, New Jersey, New York, and 
     Pennsylvania, and units of local government in the Highlands 
     region have the primary responsibility for protecting, 
     conserving, preserving, restoring and promoting the resources 
     of the Highlands region.
       (12) Because of the longstanding Federal practice of 
     assisting States in creating, protecting, conserving, and 
     restoring areas of significant natural and cultural 
     importance, and the national significance of the Highlands 
     region, the Federal Government should, in partnership with 
     the Highlands States and units of local government in the 
     Highlands region, protect, restore, and preserve the water, 
     forest, agricultural, wildlife, recreational and cultural 
     resources of the Highlands region.

     SEC. __03. PURPOSES.

       The purposes of this title are as follows:
       (1) To recognize the importance of the water, forest, 
     agricultural, wildlife, recreational and cultural resources 
     of the Highlands, and the national significance of the 
     Highlands region to the United States.
       (2) To authorize the Secretary of Interior to work in 
     partnership with the Secretary of Agriculture to provide 
     financial assistance to the Highlands States to preserve and 
     protect high priority conservation lands in the Highlands 
     region.
       (3) To continue the ongoing Forest Service programs in the 
     Highlands region to assist the Highlands States, local units 
     of government and private forest and farm landowners in the 
     conservation of lands and natural resources in the Highlands 
     region.

     SEC. __04. DEFINITIONS.

       In this title:
       (1) Highlands region.--The term ``Highlands region'' means 
     the physiographic province, defined by the Reading Prong and 
     ecologically similar adjacent upland areas, that encompasses 
     more than 2,000,000 acres extending from eastern Pennsylvania 
     through the States of New Jersey and New York to northwestern 
     Connecticut.
       (2) Highlands state.--The term ``Highlands State'' means--
       (A) the State of Connecticut;
       (B) the State of New Jersey;
       (C) the State of New York;
       (D) the State of Pennsylvania; and
       (E) any agency or department of any Highlands State.
       (3) Land conservation partnership project.--The term ``land 
     conservation partnership project'' means a land conservation 
     project located within the Highlands region identified as 
     having high conservation value by the Forest Service in which 
     a non-Federal entity acquires land or an interest in land 
     from a willing seller for the purpose of permanently 
     protecting, conserving, or preserving the land through a 
     partnership with the Federal Government.
       (4) Non-federal entity.--The term ``non-Federal entity'' 
     means any Highlands State, or any agency or department of any 
     Highlands State with authority to own and manage land for 
     conservation purpose, including the Palisades Interstate Park 
     Commission.
       (5) Study.--The term ``study'' means the New York-New 
     Jersey Highlands Regional Study conducted by the Forest 
     Service in 1990.
       (6) Update.--The term ``update'' means the New York-New 
     Jersey Highlands Regional Study: 2002 Update conducted by the 
     Forest Service.

     SEC. __05. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE 
                   HIGHLANDS REGION.

       (a) Submission of Proposed Projects.--Annually, the 
     Governors of the Highlands States, with input from pertinent 
     units of local government and the public, may jointly 
     identify land conservation partnership projects in the 
     Highlands region that shall be proposed for Federal financial 
     assistance and submit a list of those projects to the 
     Secretary of the Interior.
       (b) Consideration of Projects.--The Secretary of the 
     Interior, in consultation with the Secretary of Agriculture, 
     shall annually submit to Congress a list of those land 
     conservation partnership projects submitted under subsection 
     (a) that are eligible to receive financial assistance under 
     this section.
       (c) Eligibility Conditions.--To be eligible for financial 
     assistance under this section for a land conservation 
     partnership project, a non-Federal entity shall enter into an 
     agreement with the Secretary of the Interior that--
       (1) identifies the non-Federal entity that shall own or 
     hold and manage the land or interest in land;
       (2) identifies the source of funds to provide the non-
     Federal share required under subsection (d);
       (3) describes the management objectives for the land that 
     will assure permanent protection and use of the land for the 
     purpose for which the assistance will be provided;
       (4) provides that, if the non-Federal entity converts, 
     uses, or disposes of the land conservation partnership 
     project for a purpose inconsistent with the purpose for which 
     the assistance was provided, as determined by the Secretary 
     of the Interior, the United States may seek specific 
     performance of the conditions of financial assistance in 
     accordance with paragraph (3) in Federal court and shall be 
     entitled to reimbursement from the non-Federal entity in an 
     amount that is, as determined at the time of conversion, use, 
     or disposal, the greater of--
       (A) the total amount of the financial assistance provided 
     for the project by the Federal Government under this section; 
     or
       (B) the amount by which the financial assistance increased 
     the value of the land or interest in land; and
       (5) provides that land conservation partnership projects 
     will be consistent with areas identified as having high 
     conservation value in the following:
       (A) Important Areas portion of the Forest Service study.
       (B) Conservation Focal Areas portion of the Forest Service 
     update.
       (C) Conservation Priorities portion of the update.
       (D) Lands identified as having higher or highest resource 
     value in the Conservation Values Assessment portion of the 
     update.
       (d) Non-Federal Share Requirement.--The Federal share of 
     the cost of carrying out a land conservation partnership 
     project under this section shall not exceed 50 percent of the 
     total cost of the land conservation partnership project.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior from the 
     general funds of the Treasury or the Land and Water 
     Conservation Fund to carry out this section $10,000,000 for 
     each of the fiscal years 2005 through 2014. Amounts 
     appropriated pursuant to this authorization of appropriations 
     shall remain available until expended.

     SEC. __06. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS 
                   REGION.

       (a) In General.--In order to meet the land resource goals 
     of, and the scientific and conservation challenges identified 
     in, the study, update, and any future study that the Forest 
     Service may undertake in the Highlands region, the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service and in consultation with the Chief of the Natural 
     Resource Conservation Service, shall continue to assist the 
     Highlands States, local units of government, and private 
     forest and farm landowners in the conservation of lands and 
     natural resources in the Highlands region.
       (b) Duties.--The Forest Service shall--
       (1) in consultation with the Highlands States, undertake 
     other studies and research as appropriate in the Highlands 
     region consistent with the purposes of this title;
       (2) communicate the findings of the study and update and 
     maintain a public dialogue

[[Page 26681]]

     regarding implementation of the study and update; and
       (3) assist the Highland States, local units of government, 
     individual landowners, and private organizations in 
     identifying and using Forest Service and other technical and 
     financial assistance programs of the Department of 
     Agriculture.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture to carry 
     out this section $1,000,000 for each of the fiscal years 2005 
     through 2014.

     SEC. __07. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY 
                   EFFECT.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to permit public 
     access (including Federal, State, or local government access) 
     to such private property; and
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private lands.
       (b) Liability.--Nothing in this title shall be construed to 
     create any liability, or to have any effect on any liability 
     under any other law, of any private property owner with 
     respect to any persons injured on such private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners.--Nothing in 
     this title shall be construed to require the owner of any 
     private property located in the Highlands region to 
     participate in the land conservation, financial, or technical 
     assistance or any other programs established under this 
     title.
       (e) Purchase of Lands or Interests in Lands From Willing 
     Sellers Only.--Funds appropriated to carry out this title 
     shall be used to purchase lands or interests in lands only 
     from willing sellers.
       At the end of the bill, add the following:

     SEC. 8__. WILDLAND FIREFIGHTER SAFETY.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means--
       (1) the Secretary of Agriculture, with respect to land of 
     the National Forest System described in section 3(1)(A); and
       (2) the Secretary of the Interior, with respect to public 
     lands described in section 3(1)(B).
       (b) Firefighter Safety and Training Budget.--The Secretary 
     shall--
       (1) track funds expended for firefighter safety and 
     training programs and activities; and
       (2) include a line item for such expenditures in each 
     budget request submitted after the date of enactment of this 
     Act.
       (c) Annual Report to Congress.--The Secretaries shall, on 
     an annual basis, jointly submit to Congress a report on the 
     implementation and efficacy of wildland firefighter safety 
     and training programs and activities.-
       (d) Safety Qualification of Private Contractors.--
       (1) In general.--The Secretaries shall ensure that any 
     Federal contract or agreement entered into with a private 
     entity for wildland firefighting services requires the entity 
     to provide firefighter training that is consistent with 
     qualification standards established by the National Wildfire 
     Coordinating Group.
       (2) Compliance.--The Secretaries shall develop a program to 
     monitor and enforce compliance with the requirements of 
     paragraph (1).
       At the appropriate place, insert the following:

     GREEN MOUNTAIN NATIONAL FOREST BOUNDARY ADJUSTMENT.

       (a) In General.--The boundaries of the Green Mountain 
     National Forest are modified to include all parcels of land 
     depicted on the forest maps entitled `Green Mountain 
     Expansion Area Map I' and `Green Mountain Expansion Area Map 
     II', each dated February 20, 2002, which shall be on file and 
     available for public inspection in the Office of the Chief of 
     the Forest Service Washington this act shall be considered to 
     be the boundaries of the national forest as of January 1, 
     1965.
       At the appropriate place, insert the following:

     SEC. __. PUERTO RICO KARST CONSERVATION.

       (a) Short Title.--This section may be cited as the ``Puerto 
     Rico Karst Conservation Act of 2003''.
       (b) Findings.--Congress finds that--
       (1) in the Karst Region of the Commonwealth of Puerto Rico 
     there are--
       (A) some of the largest areas of tropical forests in Puerto 
     Rico, with a higher density of tree species than any other 
     area in the Commonwealth; and
       (B) unique geological formations that are critical to the 
     maintenance of aquifers and watersheds that constitute a 
     principal water supply for much of the Commonwealth;
       (2) the Karst Region is threatened by development that, if 
     unchecked, could permanently damage the aquifers and cause 
     irreparable damage to natural and environmental assets that 
     are unique to the United States;
       (3) the Commonwealth has 1 of the highest population 
     densities in the United States, which makes the protection of 
     the Karst Region imperative for the maintenance of the public 
     health and welfare of the citizens of the Commonwealth;
       (4) the Karst Region--
       (A) possesses extraordinary ecological diversity, including 
     the habitats of several endangered and threatened species and 
     tropical migrants; and
       (B) is an area of critical value to research in tropical 
     forest management; and
       (5) coordinated efforts at land protection by the Federal 
     Government and the Commonwealth are necessary to conserve the 
     environmentally critical Karst Region.
       (c) Purposes.--The purposes of this section are--
       (1) to authorize and support conservation efforts to 
     acquire, manage, and protect the tropical forest areas of the 
     Karst Region, with particular emphasis on water quality and 
     the protection of the aquifers that are vital to the health 
     and wellbeing of the citizens of the Commonwealth; and
       (2) to promote cooperation among the Commonwealth, Federal 
     agencies, corporations, organizations, and individuals in 
     those conservation efforts.
       (d) Definitions.--In this section:
       (1) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.
       (2) Forest legacy program.--The term ``Forest Legacy 
     Program'' means the program established under section 7 of 
     the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c).
       (3) Fund.--The term ``Fund'' means the Puerto Rico Karst 
     Conservation Fund established by subsection (f).
       (4) Karst region.--The term ``Karst Region'' means the 
     areas in the Commonwealth generally depicted on the map 
     entitled ``Karst Region Conservation Area'' and dated March 
     2001, which shall be on file and available for public 
     inspection in--
       (A) the Office of the Secretary, Puerto Rico Department of 
     Natural and Environmental Resources; and
       (B) the Office of the Chief of the Forest Service.
       (5) Land.--The term ``land'' includes land, water, and an 
     interest in land or water.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (e) Conservation of the Karst Region.--
       (1) Federal cooperation and assistance.--In furtherance of 
     the acquisition, protection, and management of land in and 
     adjacent to the Karst Region and in implementing related 
     natural resource conservation strategies, the Secretary may--
       (A) make grants to and enter into contracts and cooperative 
     agreements with the Commonwealth, other Federal agencies, 
     organizations, corporations, and individuals; and
       (B) use all authorities available to the Secretary, 
     including--
       (i) the Forest and Rangeland Renewable Resources Research 
     Act of 1978 (16 U.S.C. 1641 et seq.);
       (ii) section 1472 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318); 
     and
       (iii) section 12 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a).
       (2) Funding sources.--The activities authorized by this 
     subsection may be carried out using--
       (A) amounts in the Fund;
       (B) amounts in the fund established by section 4(b) of the 
     Forest and Rangeland Renewable Resources Research Act of 1978 
     (16 U.S.C. 1643(b));
       (C) funds appropriated from the Land and Water Conservation 
     Fund;
       (D) funds appropriated for the Forest Legacy Program; and
       (E) any other funds made available for those activities.
       (3) Management.--
       (A) In general.--Land acquired under this subsection shall 
     be managed, in accordance with the Forest and Rangeland 
     Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et 
     seq.), in a manner to protect and conserve the water quality 
     and aquifers and the geological, ecological, fish and 
     wildlife, and other natural values of the Karst Region.
       (B) Failure to manage as required.--In any deed, grant, 
     contract, or cooperative agreement implementing this 
     subsection and the Forest Legacy Program in the Commonwealth, 
     the Secretary may require that, if land acquired by the 
     Commonwealth or other cooperating entity under this section 
     is sold or conveyed in whole or part, or is not managed in 
     conformity with subparagraph (A), title to the land shall, at 
     the discretion of the Secretary, vest in the United States.
       (4) Willing sellers.--Any land acquired by the Secretary in 
     the Karst Region shall be acquired only from a willing 
     seller.
       (5) Relation to other authorities.--Nothing in this 
     subsection--
       (A) diminishes any other authority that the Secretary may 
     have to acquire, protect, and manage land and natural 
     resources in the Commonwealth; or
       (B) exempts the Federal Government from Commonwealth water 
     laws.
       (f) Puerto Rico Karst Conservation Fund.--
       (1) Establishment.--There is established in the Treasury an 
     interest-bearing account to be known as the ``Puerto Rico 
     Karst Conservation Fund''.
       (2) Credits to fund.--There shall be credited to the Fund--

[[Page 26682]]

       (A) amounts appropriated to the Fund;
       (B) all amounts donated to the Fund;
       (C) all amounts generated from the Caribbean National 
     Forest that would, but for this paragraph, be deposited as 
     miscellaneous receipts in the Treasury of the United States, 
     but not including amounts authorized by law for payments to 
     the Commonwealth or authorized by law for retention by the 
     Secretary for any purpose;
       (D) all amounts received by the Administrator of General 
     Services from the disposal of surplus real property in the 
     Commonwealth under subtitle I of title 40, United States 
     Code; and
       (E) interest derived from amounts in the Fund.
       (3) Use of fund.--Amounts in the Fund shall be available to 
     the Secretary until expended, without further appropriation, 
     to carry out subsection (e).
       (g) Miscellaneous Provisions.--
       (1) Donations.--
       (A) In general.--The Secretary may accept donations, 
     including land and money, made by public and private 
     agencies, corporations, organizations, and individuals in 
     furtherance of the purposes of this subsection.
       (B) Conflicts of interest.--The Secretary may accept 
     donations even if the donor conducts business with or is 
     regulated by the Department of Agriculture or any other 
     Federal agency.
       (C) Applicable law.--Public Law 95-442 (7 U.S.C. 2269) 
     shall apply to donations accepted by the Secretary under this 
     paragraph.
       (2) Relation to forest legacy program.--
       (A) In general.--All land in the Karst Region shall be 
     eligible for inclusion in the Forest Legacy Program.
       (B) Cost sharing.--The Secretary may credit donations made 
     under paragraph (1) to satisfy any cost-sharing requirements 
     of the Forest Legacy Program.
       (h) Authorization of Appropriations.--
       There are authorized to be appropriated such sums as are 
     necessary to carry out this section.
       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.
       At the end of title VIII, add the following:

     SEC. 8__. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER 
                   THE ANIMAL WELFARE ACT.

       (a) In General.--Section 26 of the Animal Welfare Act (7 
     U.S.C. 2156) is amended--
       (1) by redesignating subsections (c) through (h) as 
     subsections (d) through (i), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Sharp Instruments.--It shall be unlawful for any 
     person to knowingly sell, buy, transport, or deliver in 
     interstate or foreign commerce a knife, a gaff, or any other 
     sharp instrument attached, or designed or intended to be 
     attached, to the leg of a bird for use in an animal fighting 
     venture.'';
       (3) in subsection (e) (as redesignated by paragraph (1)), 
     by striking ``(c)'' and inserting ``(d)'';
       (4) in subsection (f) (as redesignated by paragraph (1))--
       (A) by striking ``(a), (b), or (c)'' and inserting ``(a), 
     (b), (c), or (d)''; and
       (B) by striking ``1 year'' and inserting ``2 years'';
       (5) by striking subsection (g) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(g) Investigations.--
       ``(1) In general.--The Secretary or any person authorized 
     by the Secretary shall make such investigations as the 
     Secretary considers necessary to determine whether any person 
     has violated or is violating any provision of this section.
       ``(2) Assistance.--Through cooperative agreements, the 
     Secretary may obtain the assistance of the Federal Bureau of 
     Investigation, the Department of the Treasury, and other law 
     enforcement agencies of the United States and of State, 
     tribal, and local governmental agencies in the conduct of an 
     investigation under paragraph (1).
       ``(3) Warrants.--
       ``(A) Issuance.--A judge of the United States, United 
     States magistrate judge, or judge of a State or tribal court 
     of competent jurisdiction in the district in which is located 
     an animal, paraphernalia, instrument, or other property or 
     thing that there is probable cause to believe was involved, 
     is about to be involved, or is intended to be involved in a 
     violation of this section shall issue a warrant to search for 
     and seize the animal or other property or thing.
       ``(B) Application; execution.--A United States marshal or 
     any person authorized under this section to conduct an 
     investigation may apply for and execute a warrant issued 
     under subparagraph (A), and any animal, paraphernalia, 
     instrument, or other property or thing seized under such a 
     warrant shall be held by the authorized person pending 
     disposition of the animal, paraphernalia, instrument, or 
     other property or thing by a court in accordance with this 
     subsection.
       ``(4) Storage of animals.--
       ``(A) In general.--An animal seized by a United States 
     marshal or other authorized person under paragraph (3) shall 
     be taken promptly to an animal housing facility in which the 
     animal shall be stored humanely.
       ``(B) No facility available.--If there is not available a 
     suitable animal storage facility sufficient in size to hold 
     all of the animals involved in a violation, a United States 
     marshal or other authorized person shall--
       ``(i) seize a representative sample of the animals for 
     evidentiary purposes to be transported to an animal storage 
     facility in which the animals shall be stored humanely; and
       ``(ii)(I) keep the remaining animals at the location where 
     the animals were seized;
       ``(II) provide for the humane care of the animals; and
       ``(III) cause the animals to be banded, tagged, or marked 
     by microchip and photographed or videotaped for evidentiary 
     purposes.
       ``(5) Care.--While a seized animal is held in custody, a 
     United States marshal or other authorized person shall ensure 
     that the animal is provided necessary care (including 
     housing, feeding, and veterinary treatment).
       ``(6) Forfeiture.--
       ``(A) In general.--Any animal, paraphernalia, instrument, 
     vehicle, money, or other property or thing involved in a 
     violation of this section shall be liable to be proceeded 
     against and forfeited to the United States at any time on 
     complaint filed in any United States district court or other 
     court of the United States for any jurisdiction in which the 
     animal, paraphernalia, instrument, vehicle, money, or other 
     property or thing is found.
       ``(B) Disposition.--On entry of a judgment of forfeiture, a 
     forfeited animal shall be disposed of by humane means, as the 
     court may direct.
       ``(C) Costs.--Costs incurred by the United States for care 
     of an animal seized and forfeited under this section shall be 
     recoverable from the owner of the animal--
       ``(i) in the forfeiture proceeding, if the owner appears in 
     the forfeiture proceeding; or
       ``(ii) in a separate civil action brought in the 
     jurisdiction in which the owner is found, resides, or 
     transacts business.
       ``(D) Claim to property.--
       ``(i) In general.--The owner, custodian, or other person 
     claiming an interest in a seized animal may prevent 
     disposition of the animal by posting, or may be ordered by 
     any United States district court or other court of the United 
     States, or by any tribal court, for any jurisdiction in which 
     the animal is found to post, not later than 10 days after the 
     animal is seized, a bond with the court in an amount 
     sufficient to provide for the care of the animal (including 
     housing, feeding, and veterinary treatment) for not less than 
     30 days.
       ``(ii) Renewal.--The owner, custodian, or other person 
     claiming an interest in a seized animal may renew a bond, or 
     be ordered to renew a bond, by posting a new bond, in an 
     amount sufficient to provide for the care of the animal for 
     at least an additional 30 days, not later than 10 days after 
     the expiration of the period for which a previous bond was 
     posted.
       ``(iii) Disposition.--If a bond expires and is not renewed, 
     the animal may be disposed of as provided in subparagraph 
     (A).
       ``(7) Euthanization.--Notwithstanding paragraphs (1) 
     through (6), an animal may be humanely euthanized if a 
     veterinarian determines that the animal is suffering extreme 
     pain.''; and
       (6) in subsection (h) (as redesignated by paragraph (1))--
       (A) in subparagraphs (A) and (B) of paragraph (2), by 
     inserting before the semicolon the following: ``(including a 
     movement to, from, or within land under the jurisdiction of 
     an Indian tribe)''; and
       (B) in paragraph (3), by striking ``telephone, radio, or 
     television'' and inserting ``telephone, the Internet, radio, 
     television, or any technology''.
       (b) Authorization of Appropriations.--Section 23 of the 
     Animal Welfare Act (7 U.S.C. 2153) is amended--
       (1) by striking ``Sec. 23. The Secretary'' and inserting 
     the following:

     ``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fees.--The Secretary''; and
       (2) by striking the third sentence and inserting the 
     following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this Act.''.
       (c) Effective Date.--The amendments made by this section 
     take effect on the later of--
       (1) the date of enactment of this Act; or
       (2) May 13, 2003.
       At the end of title VIII, add the following:

     SEC. 8__. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC 
                   LAND REGULATIONS AND ESTABLISHMENT OF MINIMUM 
                   FINE FOR VIOLATION OF PUBLIC LAND FIRE 
                   REGULATIONS DURING FIRE BAN.

       (a) Lands Under Jurisdiction of Bureau of Land 
     Management.--Section 303(a) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1733(a)) is amended--
       (1) in the second sentence, by striking ``no more than 
     $1,000'' and inserting ``as provided in title 18, United 
     States Code,''; and
       (2) by inserting after the second sentence the following: 
     ``In the case of a regulation

[[Page 26683]]

     issued under this section regarding the use of fire by 
     individuals on the public lands, if the violation of the 
     regulation was the result of reckless conduct and occurred in 
     an area subject to a complete ban on open fires, the fine may 
     not be less than $500.''.
       (b) National Park System Lands.--
       (1) Fines.--Section 3 of the Act of August 25, 1916 
     (popularly known as the National Park Service Organic Act; 16 
     U.S.C. 3) is amended--
       (A) by striking ``That the Secretary'' at the beginning of 
     the section and inserting ``(a) Regulations for Use and 
     Management of National Park System; Enforcement.--The 
     Secretary'';
       (B) by striking ``$500'' and inserting ``$10,000''; and
       (C) by inserting after the first sentence the following: 
     ``In the case of a rule or regulation issued under this 
     subsection regarding the use of fire by individuals on such 
     lands, if the violation of the rule or regulation was the 
     result of reckless conduct and occurred in an area subject to 
     a complete ban on open fires, the fine may not be less than 
     $500.''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) by striking ``He may also'' the first place it appears 
     and inserting the following:
       ``(b) Special Management Authorities.--The Secretary of the 
     Interior may'';
       (B) by striking ``He may also'' the second place it appears 
     and inserting ``The Secretary may''; and
       (C) by striking ``No natural,'' and inserting the 
     following:
       ``(c) Lease and Permit Authorities.--No natural''.
       (c) National Forest System Lands.--The eleventh 
     undesignated paragraph under the heading ``surveying the 
     public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is 
     amended--
       (1) by striking ``$500'' and inserting ``$10,000''; and
       (2) by inserting after the first sentence the following: 
     ``In the case of such a rule or regulation regarding the use 
     of fire by individuals on such lands, if the violation of the 
     rule or regulation was the result of reckless conduct and 
     occurred in an area subject to a complete ban on open fires, 
     the fine may not be less than $500.''.
                                 ______
                                 
  SA 2047. Mr. DURBIN (for himself, Mr. Daschle, Mr. Corzine, Mr. 
Bingaman, Ms. Stabenow, and Mr. Leahy) proposed an amendment to the 
bill H.R. 2800, making appropriations for foreign operations, export 
financing, and related programs for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. For an additional amount for the Global AIDS 
     Initiative, $589,700,000, to remain available until September 
     30, 2006, for programs for the prevention, treatment, and 
     control of, and research on, HIV/AIDS, tuberculosis, and 
     malaria, which may include additional contributions to the 
     Global Fund to Fight AIDS, Tuberculosis, and Malaria.
                                 ______
                                 
  SA 2048. Mr. BINGAMAN (for himself and Mr. Daschle) proposed an 
amendment to the bill H.R. 2800, making appropriations for foreign 
operations, export financing, and related programs for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       On page 22, line 7, strike ``$700,000,000'' and insert 
     ``$900,000,000''.

       On page 45, line 8, strike ``$1,000,000,000'' and insert 
     ``$800,000,000''.
                                 ______
                                 
  SA 2049. Mr. McCONNELL (for himself and Mr. Leahy) proposed an 
amendment to the bill H.R. 2800, making appropriations for foreign 
operations, export financing, and related programs for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       In Senate Amendment 1968, strike the following:
       On page 18, line 10, after ``Jordan'' insert the following: 
     ``, which sum shall be disbursed within 30 days of enactment 
     of this Act''.
       Strike amendments 1995 and 2004 to H.R. 2800, which were 
     adopted by unanimous consent on October 28, 2003.
       At the appropriate place in the bill, insert the following:


        international military training assistance for indonesia

       Sec.   . (a) Subject to subsection (b), none of the funds 
     appropriated under the heading ``INTERNATIONAL MILITARY 
     EDUCATION AND TRAINING'' shall be made available for 
     Indonesia, except that such prohibition shall not apply to 
     expanded military education and training.
       (b) The President may waive the application of subsection 
     (a) if the President determines that important national 
     security interests of the United States justify such a waiver 
     and the President submits notice of such a waiver and 
     justification to the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees.
       (c) Respect of the Indonesian military for human rights and 
     the normalization of the military relationship between the 
     United States and Indonesia is in the interests of both 
     countries. The normalization process cannot begin until the 
     Federal Bureau of Investigation has received full cooperation 
     from the Government of Indonesia and the Indonesian armed 
     forces with respect to its investigation into the August 31, 
     2002, murders of two American citizens and one Indonesian 
     citizen in Timika, Indonesia, and the individuals responsible 
     for those murders have been prosecuted and appropriately 
     punished.
       At the appropriate place insert the following:

     SEC.   . TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC 
                   INITIATIVE.

       Section 1625(a)(1)(B)(ii) of the International Financial 
     Institutions Act (as added by section 501 of the United 
     States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
     Act of 2003 (Public Law 108-25)) is amended by striking 
     ``subparagraph (A)'' and inserting ``clause (i)''.
                                 ______
                                 
  SA 2050. Mr. McCONNELL (for Mr. Stevens) proposed an amendment to the 
bill H.R. 2800, making appropriations for foreign operations, export 
financing, and related programs for the fiscal year ending September 
30, 2004, and for other purposes; as follows:

       On page 27, line 4 after the colon, insert the following: 
     ``Provided further, That of the funds appropriated under this 
     heading, $500,000 shall be made available to support 
     democracy building programs in Russia through the Sakharov 
     Archives:''.

                          ____________________