[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26729-26745]
[From the U.S. Government Publishing Office, www.gpo.gov]




                HEALTHY FORESTS RESTORATION ACT OF 2003

  On Thursday, October 30, 2003, the Senate passed H.R. 1904, as 
follows:

                               H.R. 1904

       Resolved, That the bill from the House of Representatives 
     (H.R. 1904) entitled ``An Act to improve the capacity of the 
     Secretary of Agriculture and the Secretary of the Interior to 
     plan and conduct hazardous fuels reduction projects on 
     National Forest System lands and Bureau of Land Management 
     lands aimed at protecting communities, watersheds, and 
     certain other at-risk lands from catastrophic wildfire, to 
     enhance efforts to protect watersheds and address threats to 
     forest and rangeland health, including catastrophic wildfire, 
     across the landscape, and for other purposes.'', do pass with 
     the following amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

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

                           TITLE II--BIOMASS

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Grants to improve commercial value of forest biomass for 
              electric energy, useful heat, transportation fuels, 
              compost, value-added products, and petroleum-based 
              product substitutes.
Sec. 204. Reporting requirement.
Sec. 205. Improved biomass use research program.
Sec. 206. Rural revitalization through forestry.

                TITLE III--WATERSHED FORESTRY ASSISTANCE

Sec. 301. Findings and purposes.
Sec. 302. Watershed forestry assistance program.
Sec. 303. Tribal watershed forestry assistance.

           TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES

Sec. 401. Findings and purpose.
Sec. 402. Definitions.
Sec. 403. Accelerated information gathering regarding forest-damaging 
              insects.
Sec. 404. Applied silvicultural assessments.
Sec. 405. Relation to other laws.
Sec. 406. Authorization of appropriations.

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

Sec. 501. Establishment of healthy forests reserve program.
Sec. 502. Eligibility and enrollment of lands in program.
Sec. 503. Restoration plans.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Protections and measures
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.

                      TITLE VI--PUBLIC LAND CORPS

Sec. 601. Purposes.
Sec. 602. Definitions.
Sec. 603. Public Land Corps.
Sec. 604. Nondisplacement.
Sec. 605. Authorization of appropriations.

         TITLE VII--RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM

Sec. 701. Purpose
Sec. 702. Definitions.
Sec. 703. Rural community forestry enterprise program.

[[Page 26730]]

            TITLE VIII--FIREFIGHTERS MEDICAL MONITORING ACT

Sec. 801. Short Title.
Sec. 802. Monitoring of firefighters in disaster areas.

             TITLE IX--DISASTER AIR QUALITY MONITORING ACT

Sec. 901. Short Title.
Sec. 902. Monitoring of air quality in disaster areas.

                 TITLE X--HIGHLANDS REGION CONSERVATION

Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Purposes.
Sec. 1004. Definitions.
Sec. 1005. Land conservation partnership projects in the Highlands 
              region.
Sec. 1006. Forest Service and USDA programs in the Highlands region.
Sec. 1007. Private property protection and lack of regulatory effect.

                   TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 1101. Forest inventory and management.
Sec. 1102. Program for emergency treatment and reduction of nonnative 
              invasive plants.
Sec. 1103. USDA National Agroforestry Center.
Sec. 1104. Upland Hardwoods Research Center.
Sec. 1105. Emergency fuel reduction grants.
Sec. 1106. Eastern Nevada landscape coalition.
Sec. 1107. Sense of Congress regarding enhanced community fire 
              protection.
Sec. 1108. Collaborative monitoring.
Sec. 1109. Best-value contracting.
Sec. 1110. Suburban and community forestry and open space program; 
              Forest Legacy Program.
Sec. 1111. Wildland firefighter safety.
Sec. 1112. Green Mountain National Forest boundary adjustment.
Sec. 1113. Puerto Rico karst conservation.
Sec. 1114. Farm Security and Rural Development Act.
Sec. 1115. Enforcement of animal fighting prohibitions under the Animal 
              Welfare Act.
Sec. 1116. Increase in maximum fines for violation of public land 
              regulations and establishment of minimum fine for 
              violation of public land fire regulations during fire 
              ban.

     SEC. 2. PURPOSES.

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

     SEC. 3. DEFINITIONS.

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

           TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

     SEC. 101. DEFINITIONS.

       In this title:
       (1) At-risk community.--The term ``at-risk community'' 
     means an area--
       (A) that is comprised of--
       (i) an interface community as defined in the notice 
     entitled ``Wildland Urban Interface Communities Within the 
     Vicinity of Federal Lands That Are at High Risk From 
     Wildfire'' issued by the Secretary of Agriculture and the 
     Secretary of the Interior in accordance with title IV of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. Reg. 753, 
     January 4, 2001); or
       (ii) a group of homes and other structures with basic 
     infrastructure and services (such as utilities and 
     collectively maintained transportation routes) within or 
     adjacent to Federal land;
       (B) in which conditions are conducive to a large-scale 
     wildland fire disturbance event; and
       (C) for which a significant threat to human life or 
     property exists as a result of a wildland fire disturbance 
     event.
       (2) Authorized hazardous fuel reduction project.--The term 
     ``authorized hazardous fuel reduction project'' means the 
     measures and methods described in the definition of 
     ``appropriate tools'' contained in the glossary of the 
     Implementation Plan, on Federal land described in section 
     102(a) and conducted under sections 103 and 104.
       (3) Community wildfire protection plan.--The term 
     ``community wildfire protection plan'' means a plan for an 
     at-risk community that--
       (A) is developed within the context of the collaborative 
     agreements and the guidance established by the Wildland Fire 
     Leadership Council and agreed to by the applicable local 
     government, local fire department, and State agency 
     responsibile for forest management, in consultation with 
     interested parties and the Federal land management agencies 
     managing land in the vicinity of the at-risk community;
       (B) identifies and prioritizes areas for hazardous fuel 
     reduction treatments and recommends the types and methods of 
     treatment on Federal and non-Federal land that will protect 1 
     or more at-risk communities and essential infrastructure; and
       (C) recommends measures to reduce structural ignitability 
     throughout the at-risk community.
       (4) Condition class 2.--The term ``condition class 2'', 
     with respect to an area of Federal land, means the condition 
     class description developed by the Forest Service Rocky 
     Mountain Research Station in the general technical report 
     entitled ``Development of Coarse-Scale Spatial Data for 
     Wildland Fire and Fuel Management'' (RMRS-87), dated April 
     2000 (including any subsequent revision to the report), under 
     which--
       (A) fire regimes on the land have been moderately altered 
     from historical ranges;
       (B) there exists a moderate risk of losing key ecosystem 
     components from fire;
       (C) fire frequencies have increased or decreased from 
     historical frequencies by 1 or more return intervals, 
     resulting in moderate changes to--
       (i) the size, frequency, intensity, or severity of fires; 
     or
       (ii) landscape patterns; and
       (D) vegetation attributes have been moderately altered from 
     the historical range of the attributes.
       (5) Condition class 3.--The term ``condition class 3'', 
     with respect to an area of Federal land, means the condition 
     class description developed by the Rocky Mountain Research 
     Station in the general technical report referred to in 
     paragraph (4) (including any subsequent revision to the 
     report), under which--
       (A) fire regimes on land have been significantly altered 
     from historical ranges;
       (B) there exists a high risk of losing key ecosystem 
     components from fire;
       (C) fire frequencies have departed from historical 
     frequencies by multiple return intervals, resulting in 
     dramatic changes to--
       (i) the size, frequency, intensity, or severity of fires; 
     or
       (ii) landscape patterns; and
       (D) vegetation attributes have been significantly altered 
     from the historical range of the attributes.
       (6) Day.--The term ``day'' means--
       (A) a calendar day; or
       (B) if a deadline imposed by this title would expire on a 
     nonbusiness day, the end of the next business day.
       (7) Decision document.--The term ``decision document'' 
     means--
       (A) a decision notice (as that term is used in the Forest 
     Service Handbook);
       (B) a decision record (as that term is used in the Bureau 
     of Land Management Handbook); and
       (C) a record of decision (as that term is used in 
     applicable regulations of the Council on Environmental 
     Quality).
       (8) Fire regime i.--The term ``fire regime I'' means an 
     area--
       (A) in which historically there have been low-severity 
     fires with a frequency of 0 through 35 years; and
       (B) that is located primarily in low elevation forests of 
     pine, oak, or pinyon juniper.
       (9) Fire regime ii.--The term ``fire regime II'' means an 
     area--
       (A) in which historically there are stand replacement 
     severity fires with a frequency of 0 through 35 years; and
       (B) that is located primarily in low- to mid-elevation 
     rangeland, grassland, or shrubland.
       (10) Fire regime iii.--The term ``fire regime III'' means 
     an area--
       (A) in which historically there are mixed severity fires 
     with a frequency of 35 through 100 years; and
       (B) that is located primarily in forests of mixed conifer, 
     dry Douglas fir, or wet Ponderosa pine.
       (11) Implementation plan.--The term ``Implementation Plan'' 
     means the Implementation Plan for the Comprehensive Strategy 
     for a Collaborative Approach for Reducing Wildland Fire Risks 
     to Communities and the Environment, dated May 2002, developed 
     pursuant to the conference report to accompany the Department 
     of the Interior and Related Agencies Appropriations Act, 2001 
     (House Report 106-64) (and subsequent revisions).
       (12) Municipal water supply system.--The term ``municipal 
     water supply system'' means

[[Page 26731]]

     the reservoirs, canals, ditches, flumes, laterals, pipes, 
     pipelines, and other surface facilities and systems 
     constructed or installed for the collection, impoundment, 
     storage, transportation, or distribution of drinking water.
       (13) Resource management plan.--The term ``resource 
     management plan'' means--
       (A) a land and resource management plan prepared for 1 or 
     more units of land of the National Forest System described in 
     section 3(1)(A) under section 6 of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or
       (B) a land use plan prepared for 1 or more units of the 
     public land described in section 3(1)(B) under section 202 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712).
       (14) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to land of 
     the National Forest System described in section 3(1)(A); and
       (B) the Secretary of the Interior, with respect to public 
     lands described in section 3(1)(B).
       (15) Threatened and endangered species habitat.--The term 
     ``threatened and endangered species habitat'' means Federal 
     land identified in--
       (A) a determination that a species is an endangered species 
     or a threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (B) a designation of critical habitat of the species under 
     that Act; or
       (C) a recovery plan prepared for the species under that 
     Act.
       (16) Wildland-urban interface.--The term ``wildland-urban 
     interface'' means--
       (A) an area within or adjacent to an at-risk community that 
     is identified in recommendations to the Secretary in a 
     community wildfire protection plan; or
       (B) in the case of any area for which a community wildfire 
     protection plan is not in effect--
       (i) an area extending \1/2\-mile from the boundary of an 
     at-risk community;
       (ii) an area extending more than \1/2\-mile from the 
     boundary of an at-risk community, if the land adjacent to the 
     at-risk community--

       (I) has a sustained steep slope that creates the potential 
     for wildfire behavior endangering the at-risk community; or
       (II) has a geographic feature that aids in creating an 
     effective fire break, such as a road or ridge top, within \3/
     4\-mile of the nearest at-risk community boundary; and

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

     SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.

       (a) Authorized Projects.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall implement 
     authorized hazardous fuel reduction projects, consistent with 
     the Implementation Plan, on--
       (1) Federal land in wildland-urban interface areas;
       (2) condition class 3 Federal land, in such proximity to a 
     municipal water supply system or a stream feeding such a 
     system within a municipal watershed that a significant risk 
     exists that a fire disturbance event would have adverse 
     effects on the water quality of the municipal water supply or 
     the maintenance of the system, including a risk to water 
     quality posed by erosion following such a fire disturbance 
     event;
       (3) condition class 2 Federal land located within fire 
     regime I, fire regime II, or fire regime III, in such 
     proximity to a municipal water supply system or a stream 
     feeding such a system within a municipal watershed that a 
     significant risk exists that a fire disturbance event would 
     have adverse effects on the water quality of the municipal 
     water supply or the maintenance of the system, including a 
     risk to water quality posed by erosion following such a fire 
     disturbance event;
       (4) Federal land on which windthrow or blowdown, ice storm 
     damage, or the existence of disease or insect infestation, 
     poses a significant threat to an ecosystem component, or 
     forest or rangeland resource, on the Federal land or adjacent 
     non-Federal land;
       (5) Federal land not covered by paragraphs (1) through (4) 
     that contains threatened and endangered species habitat, if--
       (A) natural fire regimes on that land are identified as 
     being important for, or wildfire is identified as a threat 
     to, an endangered species, a threatened species, or habitat 
     of an endangered species or threatened species in a species 
     recovery plan prepared under section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533), or a notice published 
     in the Federal Register determining a species to be an 
     endangered species or a threatened species or designating 
     critical habitat;
       (B) the authorized hazardous fuel reduction project will 
     provide enhanced protection from catastrophic wildfire for 
     the endangered species, threatened species, or habitat of the 
     endangered species or threatened species; and
       (C) the Secretary complies with any applicable guidelines 
     specified in any management or recovery plan described in 
     subparagraph (A).
       (b) Relation to Agency Plans.--An authorized hazardous fuel 
     reduction project shall be conducted consistent with the 
     resource management plan and other relevant administrative 
     policies or decisions applicable to the Federal land covered 
     by the project.
       (c) Acreage Limitation.--Not more than a total of 
     20,000,000 acres of Federal land may be treated under 
     authorized hazardous fuel reduction projects.
       (d) Exclusion of Certain Federal Land.--The Secretary may 
     not conduct an authorized hazardous fuel reduction project 
     that would occur on--
       (1) a component of the National Wilderness Preservation 
     System;
       (2) Federal land on which the removal of vegetation is 
     prohibited or restricted by Act of Congress or Presidential 
     proclamation (including the applicable implementation plan); 
     or
       (3) a Wilderness Study Area.
       (e) Old Growth Stands.--
       (1) Definitions.--In this subsection and subsection (f):
       (A) Covered project.--The term ``covered project'' means an 
     authorized hazardous fuel reduction project carried out under 
     paragraph (1), (2), (3), or (5) of subsection (a).
       (B) Old growth stand.--The term ``old growth stand'' has 
     the meaning given the term under standards used pursuant to 
     paragraphs (3) and (4), based on the structure and 
     composition characteristic of the forest type, and in 
     accordance with applicable law, including section 6(g)(3)(B) 
     of the Forest and Rangeland Renewable Resources Planning Act 
     of 1974 (16 U.S.C. 1604(g)(3)(B)).
       (C) Standards.--The term ``standards'' means definitions, 
     designations, standards, guidelines, goals, or objectives 
     established for an old growth stand under a resource 
     management plan developed in accordance with applicable law, 
     including section 6(g)(3)(B) of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1604(g)(3)(B)).
       (2) Project requirements.--In carrying out a covered 
     project, the Secretary shall fully maintain, or contribute 
     toward the restoration of, the structure and composition of 
     old growth stands according to the pre-fire suppression old 
     growth conditions characteristic of the forest type, taking 
     into account the contribution of the stand to landscape fire 
     adaptation and watershed health, and retaining the large 
     trees contributing to old growth structure.
       (3) Newer standards.--
       (A) In general.--If the standards for an old growth stand 
     were established during the 10-year period ending on the date 
     of enactment of this Act, the Secretary shall meet the 
     requirements of paragraph (2) in carrying out a covered 
     project by implementing the standards.
       (B) Amendments or revisions.--Any amendment or revision to 
     standards for which final administrative approval is granted 
     after the date of enactment of this Act shall be consistent 
     with paragraph (2) for the purpose of carrying out covered 
     projects.
       (4) Older standards.--
       (A) In general.--If the standards for an old growth stand 
     were established before the 10-year period described in 
     paragraph (3)(A), the Secretary shall meet the requirements 
     of paragraph (2) in carrying out a covered project by 
     implementing the standards--
       (i) during the 2-year period beginning on the date of 
     enactment of this Act; or
       (ii) if the Secretary is in the process of revising a 
     resource management plan as of the date of enactment of this 
     Act, during the 3-year period beginning on the date of 
     enactment of this Act.
       (B) Review required.--During the applicable period 
     described in subparagraph (A) for the standards for an old 
     growth stand under a resource management plan, the Secretary 
     shall--
       (i) review the standards, taking into account any relevant 
     scientific information made available since the adoption of 
     the standards; and
       (ii) revise the standards to be consistent with paragraph 
     (2), if necessary to reflect relevant scientific information 
     the Secretary did not consider in formulating the resource 
     management plan.
       (C) Review not completed.--
       (i) In general.--If the Secretary does not complete the 
     review of the standards in accordance with subparagraph (B), 
     during the applicable period described in subparagraph (A), 
     the Secretary shall not carry out any portion of a covered 
     project in a stand that is identified as an old growth stand 
     (based on substantial supporting evidence) by any person 
     during scoping.
       (ii) Period.--Clause (i) applies during the period--

       (I) beginning on the termination of the applicable period 
     for the standards described in subparagraph (A); and
       (II) ending on the earlier of--

       (aa) the date the Secretary completes the action required 
     by subparagraph (B) for the standards; or
       (bb) the date on which the acreage limitation specified in 
     subsection (c) (as that limitation may be adjusted by 
     subsequent Act of Congress) is reached.
       (f) Large Tree Retention.--Except in old growth stands 
     where the standards are consistent with subsection (e)(2), 
     the Secretary shall carry out a covered project in a manner 
     that--
       (1) focuses largely on small diameter trees, thinning, 
     strategic fuel breaks, and prescribed fire to modify fire 
     behavior, as measured by the projected reduction of 
     uncharacteristically severe wildfire effects for the forest 
     type (such as adverse soil impacts, tree mortality or other 
     impacts); and
       (2) maximizes the retention of large trees, as appropriate 
     for the forest type, to the extent that the trees promote 
     fire-resilient stands and the purposes of section 6(g)(3)(B) 
     of the Forest and Rangeland Renewable Resources Planning Act 
     of 1976 (16 U.S.C. 1604(g)(3)(B)).

[[Page 26732]]

       (g) Monitoring and Assessing Forest and Rangeland Health.--
       (1) In general.--For each Forest Service administrative 
     region and each Bureau of Land Management State Office, the 
     Secretary shall--
       (A) monitor the results of the projects authorized under 
     this section; and
       (B) not later than 5 years after the date of enactment of 
     this Act, and each 5 years thereafter, issue a report that 
     includes--
       (i) an evaluation of the progress towards project goals; 
     and
       (ii) recommendations for modifications to the projects and 
     management treatments.
       (2) Consistency of projects with recommendations.--An 
     authorized hazardous fuel reduction project approved 
     following the issuance of a monitoring report shall, to the 
     maximum extent practicable, be consistent with any applicable 
     recommendations in the report.
       (3) Similar vegetation types.--The results of a monitoring 
     report shall be made available in, and (if appropriate) used 
     for, a project conducted in a similar vegetation type on land 
     under the jurisdiction of the Secretary.
       (4) Monitoring and assessments.--From a representative 
     sample of authorized hazardous fuel reduction projects, for 
     each management unit, monitoring and assessment shall include 
     a description of the effects on changes in condition class, 
     using the Fire Regime Condition Class Guidebook or successor 
     guidance, specifically comparing end results to--
       (A) pretreatment conditions;
       (B) historical fire regimes; and
       (C) any applicable watershed or landscape goals or 
     objectives in the resource management plan or other relevant 
     direction.
       (5) Tracking.--For each management unit, the Secretary 
     shall track acres burned, by the degree of severity, by large 
     wildfires (as defined by the Secretary).
       (6) Monitoring and maintenance of treated areas.--The 
     Secretary shall, to the maximum extent practicable, develop a 
     process for monitoring the need for maintenance of treated 
     areas, over time, in order to preserve the forest health 
     benefits achieved.

     SEC. 103. PRIORITIZATION.

       (a) In General.--In accordance with the Implementation 
     Plan, the Secretary shall develop an annual program of work 
     for Federal land that gives priority to authorized hazardous 
     fuel reduction projects that provide for the protection of 
     at-risk communities or watersheds or that implement community 
     wildfire protection plans.
       (b) Collaboration.--
       (1) In general.--The Secretary shall consider 
     recommendations under subsection (a) that are made by at-risk 
     communities that have developed community wildfire protection 
     plans.
       (2) Exemption.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the planning process and 
     recommendations concerning community wildfire protection 
     plans.
       (c) Administration.--
       (1) In general.--Federal agency involvement in a community 
     wildfire protection plan, or a recommendation made in a 
     community wildfire protection plan, shall not be considered a 
     Federal agency action under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Compliance.--In implementing authorized hazardous fuel 
     reduction projects on Federal land, the Secretary shall, in 
     accordance with section 104, comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Funding Allocation.--
       (1) Federal land.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall use not less than 50 percent of the funds allocated for 
     authorized hazardous fuel reduction projects in the wildland-
     urban interface.
       (B) Applicability and allocation.--The funding allocation 
     in subparagraph (A) shall apply at the national level, and 
     the Secretary may allocate the proportion of funds 
     differently than is required under subparagraph (A) within 
     individual management units as appropriate, in particular to 
     conduct authorized hazardous fuel reduction projects on land 
     described in section 102(a)(4).
       (2) Non-federal land.--In providing financial assistance 
     under any provision of law for hazardous fuel reduction 
     projects on non-Federal land, the Secretary shall consider 
     recommendations made by at-risk communities that have 
     developed community wildfire protection plans.

     SEC. 104. ENVIRONMENTAL ANALYSIS.

       (a) Authorized Hazardous Fuel Reduction Projects.--Except 
     as otherwise provided in this title, the Secretary shall 
     conduct authorized hazardous fuel reduction projects in 
     accordance with--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4331 et seq.); and
       (2) other applicable laws.
       (b) Environmental Assessment or Impact Statements.--
       (1) In general.--The Secretary shall prepare an 
     environmental assessment or an environmental impact statement 
     (pursuant to section 102(2) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2))) for any authorized 
     hazardous fuel reduction project.
       (2) Alternatives.--In the environmental assessment or 
     environmental impact statement prepared under paragraph (1), 
     the Secretary shall study, develop, and describe--
       (A) the proposed agency action;
       (B) the alternative of no action; and
       (C) an additional action alternative, if the additional 
     alternative--
       (i) is proposed during scoping or the collaborative 
     process; and
       (ii) meets the purpose and need of the project, in 
     accordance with regulations promulgated by the Council on 
     Environmental Quality.
       (3) Multiple additional alternatives.--If more than 1 
     additional alternative is proposed under paragraph (2)(C), 
     the Secretary shall--
       (A) select which additional alternative to consider; and
       (B) provide a written record describing the reasons for the 
     selection.
       (c) Public Notice and Meeting.--
       (1) Public notice.--The Secretary shall provide notice of 
     each authorized hazardous fuel reduction project in 
     accordance with applicable regulations and administrative 
     guidelines.
       (2) Public meeting.--During the preparation stage of each 
     authorized hazardous fuel reduction project, the Secretary 
     shall--
       (A) conduct a public meeting at an appropriate location 
     proximate to the administrative unit of the Federal land on 
     which the authorized hazardous fuel reduction project will be 
     conducted; and
       (B) provide advance notice of the location, date, and time 
     of the meeting.
       (d) Public Collaboration.--In order to encourage meaningful 
     public participation during preparation of authorized 
     hazardous fuel reduction projects, the Secretary shall 
     facilitate collaboration among State and local governments 
     and Indian tribes, and participation of interested persons, 
     during the preparation of each authorized fuel reduction 
     project in a manner consistent with the Implementation Plan.
       (e) Environmental Analysis and Public Comment.--In 
     accordance with section 102(2) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable 
     regulations and administrative guidelines, the Secretary 
     shall provide an opportunity for public comment during the 
     preparation of any environmental assessment or environmental 
     impact statement for an authorized hazardous fuel reduction 
     project.
       (f) Decision Document.--The Secretary shall sign a decision 
     document for authorized hazardous fuel reduction projects and 
     provide notice of the final agency actions.

     SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.

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

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

       (a) Venue.--Notwithstanding section 1391 of title 28, 
     United States Code, or other applicable law, an authorized 
     hazardous fuels reduction project conducted under this title 
     shall be subject to judicial review only in the United States 
     district court for the district in which the Federal land to 
     be treated under the authorized hazardous fuels reduction 
     project is located.
       (b) Expeditious Completion of Judicial Review.--In the 
     judicial review of an action challenging an authorized 
     hazardous fuel reduction project under subsection (a), 
     Congress encourages a court of competent jurisdiction to 
     expedite, to the maximum extent practicable, the proceedings 
     in the action with the goal of rendering a final 
     determination on jurisdiction, and (if jurisdiction exists) a 
     final determination

[[Page 26733]]

     on the merits, as soon as practicable after the date on which 
     a complaint or appeal is filed to initiate the action.
       (c) Injunctions.--
       (1) In general.--Subject to paragraph (2), the length of 
     any preliminary injunctive relief and stays pending appeal 
     covering an authorized hazardous fuel reduction project 
     carried out under this title shall not exceed 60 days.
       (2) Renewal.--
       (A) In general.--A court of competent jurisdiction may 
     issue 1 or more renewals of any preliminary injunction, or 
     stay pending appeal, granted under paragraph (1).
       (B) Updates.--In each renewal of an injunction in an 
     action, the parties to the action shall present the court 
     with updated information on the status of the authorized 
     hazardous fuel reduction project.
       (3) Balancing of short- and long-term effects.--As part of 
     its weighing the equities while considering any request for 
     an injunction that applies to an agency action under an 
     authorized hazardous fuel reduction project, the court 
     reviewing the project shall balance the impact to the 
     ecosystem likely affected by the project of--
       (A) the short- and long-term effects of undertaking the 
     agency action; against
       (B) the short- and long-term effects of not undertaking the 
     agency action.

     SEC. 107. EFFECT OF TITLE.

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

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

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

                           TITLE II--BIOMASS

     SEC. 201. FINDINGS.

       Congress finds that--
       (1)(A) thousands of communities in the United States, many 
     located near Federal land, are at risk of wildfire;
       (B) more than 100,000,000 acres of land managed by the 
     Secretary of Agriculture and the Secretary of the Interior 
     are at risk of catastrophic fire in the near future; and
       (C) the accumulation of heavy forest and rangeland fuel 
     loads continues to increase as a result of fire exclusion, 
     disease, insect infestations, and drought, further raising 
     the risk of fire each year;
       (2)(A) more than 70,000,000 acres across all land 
     ownerships are at risk of higher than normal mortality during 
     the 15-year period beginning on the date of enactment of this 
     Act because of insect infestation and disease; and
       (B) high levels of tree mortality from insects and disease 
     result in--
       (i) increased fire risk;
       (ii) loss of older trees and old growth;
       (iii) degraded watershed conditions;
       (iv) changes in species diversity and productivity;
       (v) diminished fish and wildlife habitat;
       (vi) decreased timber values; and
       (vii) increased threats to homes, businesses, and community 
     watersheds;
       (3)(A) preventive treatments (such as reducing fuel loads, 
     crown density, ladder fuels, and hazard trees), planting 
     proper species mix, restoring and protecting early 
     successional habitat, and completing other specific 
     restoration treatments designed to reduce the susceptibility 
     of forest and rangeland to insect outbreaks, disease, and 
     catastrophic fire present the greatest opportunity for long-
     term forest and rangeland health, maintenance, and 
     enhancement by creating a mosaic of species-mix and age 
     distribution; and
       (B) those vegetation management treatments are widely 
     acknowledged to be more successful and cost-effective than 
     suppression treatments in the case of insects, disease, and 
     fire;
       (4)(A) the byproducts of vegetative management treatment 
     (such as trees, brush, thinnings, chips, slash, and other 
     hazardous fuels) removed from forest and rangeland represent 
     an abundant supply of--
       (i) biomass for biomass-to-energy facilities; and
       (ii) raw material for business; and
       (B) there are currently few markets for the extraordinary 
     volumes of by-products being generated as a result of the 
     necessary large-scale preventive treatment activities; and
       (5) the United States should--
       (A) promote economic and entrepreneurial opportunities in 
     using by-products removed through vegetation treatment 
     activities relating to hazardous fuels reduction, disease, 
     and insect infestation;
       (B) develop and expand markets for traditionally underused 
     wood and biomass as an outlet for by-products of preventive 
     treatment activities; and
       (C) promote research and development to provide, for the 
     by-products, economically and environmentally sound--
       (i) management systems;
       (ii) harvest and transport systems; and
       (iii) utilization options.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Biomass.--The term ``biomass'' means trees and woody 
     plants (including limbs, tops, needles, other woody parts, 
     and wood waste) and byproducts of preventive treatment (such 
     as wood, brush, thinnings, chips, and slash) that are 
     removed--
       (A) to reduce hazardous fuels;
       (B) to reduce the risk of or to contain disease or insect 
     infestation; or
       (C) to improve forest health and wildlife habitat 
     conditions.
       (2) Person.--The term ``person'' includes--
       (A) an individual;
       (B) a community (as determined by the Secretary);
       (C) an Indian tribe;
       (D) a small business, microbusiness, or a corporation that 
     is incorporated in the United States; and
       (E) a nonprofit organization.
       (3) Preferred community.--The term ``preferred community'' 
     means--
       (A) any town, township, municipality, Indian tribe, or 
     other similar unit of local government (as determined by the 
     Secretary) that--
       (i) has a population of not more than 50,000 individuals; 
     and
       (ii) the Secretary, in the sole discretion of the 
     Secretary, determines contains or is located near, or with a 
     water supply system that contains or is located near, land 
     that--

       (I) is at significant risk of catastrophic wildfire, 
     disease, or insect infestation; or
       (II) suffers from disease or insect infestation; or

       (B) any area or unincorporated area represented by a 
     nonprofit organization approved by the Secretary, that--
       (i) is not wholly contained within a metropolitan 
     statistical area; and
       (ii) the Secretary, in the sole discretion of the 
     Secretary, determines contains or is located near, or with a 
     water supply system that contains or is located near, land--

       (I) the condition of which is at significant risk of 
     catastrophic wildfire, disease, or insect infestation; or
       (II) that suffers from disease or insect infestation.

       (4) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to Federal 
     land under the jurisdiction of the Secretary of the Interior 
     (including land held in trust for the benefit of an Indian 
     tribe).

     SEC. 203. GRANTS TO IMPROVE COMMERCIAL VALUE OF FOREST 
                   BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, 
                   TRANSPORTATION FUELS, COMPOST, VALUE-ADDED 
                   PRODUCTS, AND PETROLEUM-BASED PRODUCT 
                   SUBSTITUTES.

       (a) Biomass Commercial Utilization Grant Program.--
       (1) In general.--The Secretary may make grants to any 
     person that owns or operates a facility that uses biomass as 
     a raw material to produce electric energy, sensible heat, 
     transportation fuels, substitutes for petroleum-based 
     products, wood-based products, pulp, or other commercial 
     products to offset the costs incurred to purchase biomass for 
     use by the facility.
       (2) Grant amounts.--A grant under this subsection may not 
     exceed $20 per green ton of biomass delivered.
       (3) Monitoring of grant recipient activities.--
       (A) In general.--As a condition of a grant under this 
     subsection, the grant recipient shall keep such records as 
     the Secretary may require to fully and correctly disclose the 
     use of the grant funds and all transactions involved in the 
     purchase of biomass.
       (B) Access.--On notice by a representative of the 
     Secretary, the grant recipient shall afford the 
     representative--
       (i) reasonable access to the facility that purchases or 
     uses biomass; and
       (ii) an opportunity to examine the inventory and records of 
     the facility.
       (b) Value-Added Grant Program.--
       (1) In general.--The Secretary--
       (A) may make grants to persons to offset the cost of 
     projects to add value to biomass; and
       (B) in making a grant under subparagraph (A), shall give 
     preference to persons in preferred communities.
       (2) Selection.--The Secretary shall select a grant 
     recipient under paragraph (1)(A) after giving consideration 
     to--
       (A) the anticipated public benefits of the project;
       (B) opportunities for the creation or expansion of small 
     businesses and microbusinesses resulting from the project; 
     and
       (C) the potential for new job creation as a result of the 
     project.
       (3) Grant amount.--A grant under this subsection shall not 
     exceed $100,000.
       (c) Relation to Other Endangered Species and Riparian 
     Protections.--
       (1) In general.--The Secretary shall comply with applicable 
     endangered species and riparian protections in making grants 
     under this section.

[[Page 26734]]

       (2) Projects.--Projects funded using grant proceeds shall 
     be required to comply with the protections.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2004 through 2008.

     SEC. 204. REPORTING REQUIREMENT.

       (a) Report Required.--Not later than October 1, 2008, the 
     Secretary of Agriculture, in consultation with the Secretary 
     of the Interior, shall submit to the Committee on Resources 
     and the Committee on Agriculture of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate a report describing the results of the 
     grant programs authorized by section 203.
       (b) Contents of Report.--The report shall include--
       (1) an identification of the source, size, type, and the 
     end-use of biomass by persons that receive grants under 
     section 203;
       (2) the haul costs incurred and the distance between the 
     land from which the biomass was removed and the facilities 
     that used the biomass;
       (3) the economic impacts, particularly new job creation, 
     resulting from the grants to and operation of the eligible 
     operations; and
       (4) the environmental effects of the activities described 
     in this section.

     SEC. 205. IMPROVED BIOMASS USE RESEARCH PROGRAM.

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

     SEC. 206. RURAL REVITALIZATION THROUGH FORESTRY.

       Section 2371 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 6601) is amended by adding at the 
     end the following:
       ``(d) Rural Revitalization Technologies.--
       ``(1) In general.--The Secretary of Agriculture, acting 
     through the Chief of the Forest Service, in consultation with 
     the State and Private Forestry Technology Marketing Unit at 
     the Forest Products Laboratory, and in collaboration with 
     eligible institutions, may carry out a program--
       ``(A) to accelerate adoption of technologies using biomass 
     and small-diameter materials;
       ``(B) to create community-based enterprises through 
     marketing activities and demonstration projects; and
       ``(C) to establish small-scale business enterprises to make 
     use of biomass and small-diameter materials.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2004 through 2008.''.

                TITLE III--WATERSHED FORESTRY ASSISTANCE

     SEC. 301. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there has been a dramatic shift in public attitudes and 
     perceptions about forest management, particularly in the 
     understanding and practice of sustainable forest management;
       (2) it is commonly recognized that the proper stewardship 
     of forest land is essential to sustaining and restoring the 
     health of watersheds;
       (3) forests can provide essential ecological services in 
     filtering pollutants, buffering important rivers and 
     estuaries, and minimizing flooding, which makes forest 
     restoration worthy of special focus; and
       (4) strengthened education, technical assistance, and 
     financial assistance for nonindustrial private forest 
     landowners and communities, relating to the protection of 
     watershed health, is needed to realize the expectations of 
     the general public.
       (b) Purposes.--The purposes of this title are--
       (1) to improve landowner and public understanding of the 
     connection between forest management and watershed health;
       (2) to encourage landowners to maintain tree cover on 
     property and to use tree plantings and vegetative treatments 
     as creative solutions to watershed problems associated with 
     varying land uses;
       (3) to enhance and complement forest management and buffer 
     use for watersheds, with an emphasis on community watersheds;
       (4) to establish new partnerships and collaborative 
     watershed approaches to forest management, stewardship, and 
     conservation;
       (5) to provide technical and financial assistance to States 
     to deliver a coordinated program that enhances State forestry 
     best-management practices programs, and conserves and 
     improves forested land and potentially forested land, through 
     technical, financial, and educational assistance to 
     qualifying individuals and entities; and
       (6) to maximize the proper management and conservation of 
     wetland forests and to assist in the restoration of those 
     forests.

     SEC. 302. WATERSHED FORESTRY ASSISTANCE PROGRAM.

       The Cooperative Forestry Assistance Act of 1978 is amended 
     by inserting after section 5 (16 U.S.C. 2103a) the following:

     ``SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM.

       ``(a) Definition of Nonindustrial Private Forest Land.--In 
     this section, the term `nonindustrial private forest land' 
     means rural land, as determined by the Secretary, that--
       ``(1) has existing tree cover or that is suitable for 
     growing trees; and
       ``(2) is owned by any nonindustrial private individual, 
     group, association, corporation, or other private legal 
     entity, that has definitive decisionmaking authority over the 
     land.
       ``(b) General Authority and Purpose.--The Secretary, acting 
     through the Chief of the Forest Service, may provide 
     technical, financial, and related assistance to State 
     foresters, equivalent State officials, and officials of the 
     Cooperative State Research, Education, and Extension Service 
     for the purpose of expanding State forest stewardship 
     capacities and activities through State forestry best-
     management practices and other means at the State level to 
     address watershed issues on non-Federal forested land and 
     potentially forested land.
       ``(c) Technical Assistance To Protect Water Quality.--
       ``(1) In general.--The Secretary, in cooperation with State 
     foresters, officials of the Cooperative State Research, 
     Education, and Extension Service, or equivalent State 
     officials, shall engage interested members of the public, 
     including nonprofit organizations and local watershed 
     councils, to develop a program of technical assistance to 
     protect water quality described in paragraph (2).
       ``(2) Purpose of program.--The program under this 
     subsection shall be designed--
       ``(A) to build and strengthen watershed partnerships that 
     focus on forested landscapes at the State, regional, and 
     local levels;
       ``(B) to provide State forestry best-management practices 
     and water quality technical assistance directly to owners of 
     nonindustrial private forest land;
       ``(C) to provide technical guidance to land managers and 
     policymakers for water quality protection through forest 
     management;
       ``(D) to complement State and local efforts to protect 
     water quality and provide enhanced opportunities for 
     consultation and cooperation among Federal and State agencies 
     charged with responsibility for water and watershed 
     management; and
       ``(E) to provide enhanced forest resource data and support 
     for improved implementation and monitoring of State forestry 
     best-management practices.
       ``(3) Implementation.--In the case of a participating 
     State, the program of technical assistance shall be 
     implemented by State foresters or equivalent State officials.
       ``(d) Watershed Forestry Cost-Share Program.--
       ``(1) In general.--The Secretary shall establish a 
     watershed forestry cost-share program--
       ``(A) which shall be--
       ``(i) administered by the Forest Service; and
       ``(ii) implemented by State foresters or equivalent State 
     officials in participating States; and
       ``(B) under which funds or other support provided to 
     participating States shall be made available for State 
     forestry best-management practices programs and watershed 
     forestry projects.
       ``(2) Watershed forestry projects.--The State forester, 
     State Research, Education and Extension official, or 
     equivalent State official of a participating State, in 
     coordination with the State Forest Stewardship Coordinating 
     Committee established under section 19(b) (or an equivalent 
     committee) for that State, shall make awards to communities, 
     nonprofit groups, and owners of nonindustrial private forest 
     land under the program for watershed forestry projects 
     described in paragraph (3).
       ``(3) Project elements and objectives.--A watershed 
     forestry project shall accomplish critical forest 
     stewardship, watershed protection, and restoration needs 
     within a State by demonstrating the value of trees and 
     forests to watershed health and condition through--
       ``(A) the use of trees as solutions to water quality 
     problems in urban and rural areas;
       ``(B) community-based planning, involvement, and action 
     through State, local and nonprofit partnerships;

[[Page 26735]]

       ``(C) application of and dissemination of monitoring 
     information on forestry best-management practices relating to 
     watershed forestry;
       ``(D) watershed-scale forest management activities and 
     conservation planning; and
       ``(E)(i) the restoration of wetland (as defined by the 
     States) and stream-side forests; and
       ``(ii) the establishment of riparian vegetative buffers.
       ``(4) Cost-sharing.--
       ``(A) Federal share.--
       ``(i) Funds under this subsection.--Funds provided under 
     this subsection for a watershed forestry project may not 
     exceed 75 percent of the cost of the project.
       ``(ii) Other federal funds.--The percentage of the cost of 
     a project described in clause (i) that is not covered by 
     funds made available under this subsection may be paid using 
     other Federal funding sources, except that the total Federal 
     share of the costs of the project may not exceed 90 percent.
       ``(B) Form.--The non-Federal share of the costs of a 
     project may be provided in the form of cash, services, or 
     other in-kind contributions.
       ``(5) Prioritization.--The State Forest Stewardship 
     Coordinating Committee for a State, or equivalent State 
     committee, shall prioritize watersheds in that State to 
     target watershed forestry projects funded under this 
     subsection.
       ``(6) Watershed forester.--Financial and technical 
     assistance shall be made available to the State Forester or 
     equivalent State official to create a State watershed or 
     best-management practice forester position to--
       ``(A) lead statewide programs; and
       ``(B) coordinate watershed-level projects.
       ``(e) Distribution.--
       ``(1) In general.--Of the funds made available for a fiscal 
     year under subsection (g), the Secretary shall use--
       ``(A) at least 75 percent of the funds to carry out the 
     cost-share program under subsection (d); and
       ``(B) the remainder of the funds to deliver technical 
     assistance, education, and planning, at the local level, 
     through the State Forester or equivalent State official.
       ``(2) Special considerations.--Distribution of funds by the 
     Secretary among States under paragraph (1) shall be made only 
     after giving appropriate consideration to--
       ``(A) the acres of agricultural land, nonindustrial private 
     forest land, and highly erodible land in each State;
       ``(B) the miles of riparian buffer needed;
       ``(C) the miles of impaired stream segments and other 
     impaired water bodies where forestry practices can be used to 
     restore or protect water resources;
       ``(D) the number of owners of nonindustrial private forest 
     land in each State; and
       ``(E) water quality cost savings that can be achieved 
     through forest watershed management.
       ``(f) Willing Owners.--
       ``(1) In general.--Participation of an owner of 
     nonindustrial private forest land in the watershed forestry 
     assistance program under this section is voluntary.
       ``(2) Written consent.--The watershed forestry assistance 
     program shall not be carried out on nonindustrial private 
     forest land without the written consent of the owner of, or 
     entity having definitive decisionmaking over, the 
     nonindustrial private forest land.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2004 through 2008.''.

     SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.

       (a) In General.--The Secretary of Agriculture (referred to 
     in this section as the ``Secretary''), acting through the 
     Chief of the Forest Service, shall provide technical, 
     financial, and related assistance to Indian tribes for the 
     purpose of expanding tribal stewardship capacities and 
     activities through tribal forestry best-management practices 
     and other means at the tribal level to address watershed 
     issues on land under the jurisdiction of or administered by 
     the Indian tribes.
       (b) Technical Assistance To Protect Water Quality.--
       (1) In general.--The Secretary, in cooperation with Indian 
     tribes, shall develop a program to provide technical 
     assistance to protect water quality, as described in 
     paragraph (2).
       (2) Purpose of program.--The program under this subsection 
     shall be designed--
       (A) to build and strengthen watershed partnerships that 
     focus on forested landscapes at the State, regional, tribal, 
     and local levels;
       (B) to provide tribal forestry best-management practices 
     and water quality technical assistance directly to Indian 
     tribes;
       (C) to provide technical guidance to tribal land managers 
     and policy makers for water quality protection through forest 
     management;
       (D) to complement tribal efforts to protect water quality 
     and provide enhanced opportunities for consultation and 
     cooperation among Federal agencies and tribal entities 
     charged with responsibility for water and watershed 
     management; and
       (E) to provide enhanced forest resource data and support 
     for improved implementation and monitoring of tribal forestry 
     best-management practices.
       (c) Watershed Forestry Program.--
       (1) In general.--The Secretary shall establish a watershed 
     forestry program to be administered by Indian tribes.
       (2) Programs and projects.--Funds or other support provided 
     under the program shall be made available for tribal forestry 
     best-management practices programs and watershed forestry 
     projects.
       (3) Annual awards.--The Secretary shall annually make 
     awards to Indian tribes to carry out this subsection.
       (4) Project elements and objectives.--A watershed forestry 
     project shall accomplish critical forest stewardship, 
     watershed protection, and restoration needs within land under 
     the jurisdiction of or administered by an Indian tribe by 
     demonstrating the value of trees and forests to watershed 
     health and condition through--
       (A) the use of trees as solutions to water quality 
     problems;
       (B) application of and dissemination of monitoring 
     information on forestry best-management practices relating to 
     watershed forestry;
       (C) watershed-scale forest management activities and 
     conservation planning;
       (D) the restoration of wetland and stream-side forests and 
     the establishment of riparian vegetative buffers; and
       (E) tribal-based planning, involvement, and action through 
     State, tribal, local, and nonprofit partnerships.
       (5) Prioritization.--An Indian tribe that participates in 
     the program under this subsection shall prioritize watersheds 
     in land under the jurisdiction of or administered by the 
     Indian tribe to target watershed forestry projects funded 
     under this subsection.
       (6) Watershed forester.--The Secretary may provide to 
     Indian tribes under this section financial and technical 
     assistance to establish a position of tribal forester to lead 
     tribal programs and coordinate small watershed-level 
     projects.
       (d) Distribution.--The Secretary shall devote--
       (1) at least 75 percent of the funds made available for a 
     fiscal year under subsection (e) to the program under 
     subsection (c); and
       (2) the remainder of the funds to deliver technical 
     assistance, education, and planning on the ground to Indian 
     tribes.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,500,000 for 
     each of fiscal years 2004 through 2008.

           TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES

     SEC. 401. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) high levels of tree mortality resulting from insect 
     infestation (including the interaction between insects and 
     diseases) may result in--
       (A) increased fire risk;
       (B) loss of old trees and old growth;
       (C) loss of threatened and endangered species;
       (D) loss of species diversity;
       (E) degraded watershed conditions;
       (F) increased potential for damage from other agents of 
     disturbance, including exotic, invasive species; and
       (G) decreased timber values;
       (2)(A) forest-damaging insects destroy hundreds of 
     thousands of acres of trees each year;
       (B) in the West, more than 21,000,000 acres are at high 
     risk of forest-damaging insect infestation, and in the South, 
     more than 57,000,000 acres are at risk across all land 
     ownerships; and
       (C) severe drought conditions in many areas of the South 
     and West will increase the risk of forest-damaging insect 
     infestations;
       (3) the hemlock woolly adelgid is--
       (A) destroying streamside forests throughout the mid-
     Atlantic and Appalachian regions;
       (B) threatening water quality and sensitive aquatic 
     species; and
       (C) posing a potential threat to valuable commercial timber 
     land in northern New England;
       (4)(A) the emerald ash borer is a nonnative, invasive pest 
     that has quickly become a major threat to hardwood forests 
     because an emerald ash borer infestation is almost always 
     fatal to affected trees; and
       (B) the emerald ash borer pest threatens to destroy more 
     than 692,000,000 ash trees in forests in Michigan and Ohio 
     alone, and between 5 and 10 percent of urban street trees in 
     the Upper Midwest;
       (5)(A) epidemic populations of Southern pine beetles are 
     ravaging forests in Alabama, Arkansas, Florida, Georgia, 
     Kentucky, Mississippi, North Carolina, South Carolina, 
     Tennessee, and Virginia; and
       (B) in 2001, Florida and Kentucky experienced 146 percent 
     and 111 percent increases, respectively, in Southern pine 
     beetle populations;
       (6) those epidemic outbreaks of Southern pine beetles have 
     forced private landowners to harvest dead and dying trees, in 
     rural areas and increasingly urbanized settings;
       (7) according to the Forest Service, recent outbreaks of 
     the red oak borer in Arkansas and Missouri have been 
     unprecedented, with more than 1,000,000 acres infested at 
     population levels never seen before;
       (8) much of the damage from the red oak borer has taken 
     place in national forests, and the Federal response has been 
     inadequate to protect forest ecosystems and other ecological 
     and economic resources;
       (9)(A) previous silvicultural assessments, while useful and 
     informative, have been limited in scale and scope of 
     application; and
       (B) there have not been sufficient resources available to 
     adequately test a full array of individual and combined 
     applied silvicultural assessments;
       (10) only through the full funding, development, and 
     assessment of potential applied silvicultural assessments 
     over specific time frames across an array of environmental 
     and climatic conditions can the most innovative and cost 
     effective management applications be determined that will 
     help reduce the susceptibility of forest ecosystems to attack 
     by forest pests;
       (11)(A) often, there are significant interactions between 
     insects and diseases;

[[Page 26736]]

       (B) many diseases (such as white pine blister rust, beech 
     bark disease, and many other diseases) can weaken trees and 
     forest stands and predispose trees and forest stands to 
     insect attack; and
       (C) certain diseases are spread using insects as vectors 
     (including Dutch elm disease and pine pitch canker); and
       (12) funding and implementation of an initiative to combat 
     forest pest infestations and associated diseases should not 
     come at the expense of supporting other programs and 
     initiatives of the Secretary.
       (b) Purposes.--The purposes of this title are--
       (1) to require the Secretary to develop an accelerated 
     basic and applied assessment program to combat infestations 
     by forest-damaging insects and associated diseases;
       (2) to enlist the assistance of colleges and universities 
     (including forestry schools, land grant colleges and 
     universities, and 1890 Institutions), State agencies, and 
     private landowners to carry out the program; and
       (3) to carry out applied silvicultural assessments.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Applied silvicultural assessment.--
       (A) In general.--The term ``applied silvicultural 
     assessment'' means any vegetative or other treatment carried 
     out for a purpose described in section 403.
       (B) Inclusions.--The term ``applied silvicultural 
     assessment'' includes (but is not limited to) timber 
     harvesting, thinning, prescribed burning, pruning, and any 
     combination of those activities.
       (2) 1890 institution.--
       (A) In general.--The term ``1890 Institution'' means a 
     college or university that is eligible to receive funds under 
     the Act of August 30, 1890 (7 U.S.C. 321 et seq.).
       (B) Inclusion.--The term ``1890 Institution'' includes 
     Tuskegee University.
       (3) Forest-damaging insect.--The term ``forest-damaging 
     insect'' means--
       (A) a Southern pine beetle;
       (B) a mountain pine beetle;
       (C) a spruce bark beetle;
       (D) a gypsy moth;
       (E) a hemlock woolly adelgid;
       (F) an emerald ash borer;
       (G) a red oak borer;
       (H) a white oak borer; and
       (I) such other insects as may be identified by the 
     Secretary.
       (4) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of Agriculture, acting through the Forest 
     Service, with respect to National Forest System land; and
       (B) the Secretary of the Interior, acting through 
     appropriate offices of the United States Geological Survey, 
     with respect to federally owned land administered by the 
     Secretary of the Interior.

     SEC. 403. ACCELERATED INFORMATION GATHERING REGARDING FOREST-
                   DAMAGING INSECTS.

       (a) Information Gathering.--The Secretary, acting through 
     the Forest Service and United States Geological Survey, as 
     appropriate, shall establish an accelerated program--
       (1) to plan, conduct, and promote comprehensive and 
     systematic information gathering on forest-damaging insects 
     and associated diseases, including an evaluation of--
       (A) infestation, prevention, and suppression methods;
       (B) effects of infestations and associated disease 
     interactions on forest ecosystems;
       (C) restoration of forest ecosystem efforts;
       (D) utilization options regarding infested trees; and
       (E) models to predict the occurrence, distribution, and 
     impact of outbreaks of forest-damaging insects and associated 
     diseases;
       (2) to assist land managers in the development of 
     treatments and strategies to improve forest health and reduce 
     the susceptibility of forest ecosystems to severe 
     infestations of forest-damaging insects and associated 
     diseases on Federal land and State and private land; and
       (3) to disseminate the results of the information 
     gathering, treatments, and strategies.
       (b) Cooperation and Assistance.--The Secretary shall--
       (1) establish and carry out the program in cooperation 
     with--
       (A) scientists from colleges and universities (including 
     forestry schools, land grant colleges and universities, and 
     1890 Institutions);
       (B) Federal, State, and local agencies; and
       (C) private and industrial landowners; and
       (2) designate such colleges and universities to assist in 
     carrying out the program.

     SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS.

       (a) Assessment Efforts.--For information gathering and 
     research purposes, the Secretary may conduct applied 
     silvicultural assessments on Federal land that the Secretary 
     determines is at risk of infestation by, or is infested with, 
     forest-damaging insects.
       (b) Limitations.--
       (1) Exclusion of certain areas.--Subsection (a) does not 
     apply to--
       (A) a component of the National Wilderness Preservation 
     System;
       (B) any Federal land on which, by Act of Congress or 
     Presidential proclamation, the removal of vegetation is 
     restricted or prohibited;
       (C) a congressionally-designated wilderness study area; or
       (D) an area in which activities under subsection (a) would 
     be inconsistent with the applicable land and resource 
     management plan.
       (2) Certain treatment prohibited.--Nothing in subsection 
     (a) authorizes the application of insecticides in municipal 
     watersheds or associated riparian areas.
       (3) Peer review.--
       (A) In general.--Before being carried out, each applied 
     silvicultural assessment under this title shall be peer 
     reviewed by scientific experts selected by the Secretary, 
     which shall include non-Federal experts.
       (B) Existing peer review processes.--The Secretary may use 
     existing peer review processes to the extent the processes 
     comply with subparagraph (A).
       (c) Public Notice and Comment.--
       (1) Public notice.--The Secretary shall provide notice of 
     each applied silvicultural assessment proposed to be carried 
     out under this section.
       (2) Public comment.--The Secretary shall provide an 
     opportunity for public comment before carrying out an applied 
     silviculture assessment under this section.
       (d) Categorical Exclusion.--
       (1) In general.--Applied silvicultural assessment and 
     research treatments carried out under this section on not 
     more than 1,000 acres for an assessment or treatment may be 
     categorically excluded from documentation in an environmental 
     impact statement and environmental assessment under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (2) Administration.--Applied silvicultural assessments and 
     research treatments categorically excluded under paragraph 
     (1)--
       (A) shall not be carried out in an area that is adjacent to 
     another area that is categorically excluded under paragraph 
     (1) that is being treated with similar methods; and
       (B) shall be subject to the extraordinary circumstances 
     procedures established by the Secretary pursuant to section 
     1508.4 of title 40, Code of Federal Regulations.
       (3) Maximum categorical exclusion.--The total number of 
     acres categorically excluded under paragraph (1) shall not 
     exceed 250,000 acres.
       (4) No additional findings required.--In accordance with 
     paragraph (1), the Secretary shall not be required to make 
     any findings as to whether an applied silvicultural 
     assessment project, either individually or cumulatively, has 
     a significant effect on the environment.

     SEC. 405. RELATION TO OTHER LAWS.

       The authority provided to each Secretary under this title 
     is supplemental to, and not in lieu of, any authority 
     provided to the Secretaries under any other law.

     SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title for each of fiscal years 
     2004 through 2008.

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

     SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.

       (a) Establishment.--The Secretary of Agriculture shall 
     establish the healthy forests reserve program for the purpose 
     of restoring and enhancing forest ecosystems--
       (1) to promote the recovery of threatened and endangered 
     species;
       (2) to improve biodiversity; and
       (3) to enhance carbon sequestration.
       (b) Coordination.--The Secretary of Agriculture shall carry 
     out the healthy forests reserve program in coordination with 
     the Secretary of the Interior and the Secretary of Commerce.

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

       (a) In General.--The Secretary of Agriculture, in 
     coordination with the Secretary of the Interior and the 
     Secretary of Commerce, shall describe and define forest 
     ecosystems that are eligible for enrollment in the healthy 
     forests reserve program.
       (b) Eligibility.--To be eligible for enrollment in the 
     healthy forests reserve program, land shall be--
       (1) private land the enrollment of which will restore, 
     enhance, or otherwise measurably increase the likelihood of 
     recovery of a species listed as endangered or threatened 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       (2) private land the enrollment of which will restore, 
     enhance, or otherwise measurably improve the well-being of 
     species that--
       (A) are not listed as endangered or threatened under 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533); but
       (B) are candidates for such listing, State-listed species, 
     or special concern species.
       (c) Other Considerations.--In enrolling land that satisfies 
     the criteria under subsection (b), the Secretary of 
     Agriculture shall give additional consideration to land the 
     enrollment of which will--
       (1) improve biological diversity; and
       (2) increase carbon sequestration.
       (d) Enrollment by Willing Owners.--The Secretary of 
     Agriculture shall enroll land in the healthy forests reserve 
     program only with the consent of the owner of the land.
       (e) Maximum Enrollment.--The total number of acres enrolled 
     in the healthy forests reserve program shall not exceed 
     2,000,000 acres.
       (f) Methods of Enrollment.--
       (1) In general.--Land may be enrolled in the healthy 
     forests reserve program in accordance with--
       (A) a 10-year cost-share agreement;
       (B) a 30-year agreement; or

[[Page 26737]]

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

     SEC. 503. RESTORATION PLANS.

       (a) In General.--Land enrolled in the healthy forests 
     reserve program shall be subject to a restoration plan, to be 
     developed jointly by the landowner and the Secretary of 
     Agriculture.
       (b) Practices.--The restoration plan shall require such 
     restoration practices as are necessary to restore and enhance 
     habitat for--
       (1) species listed as endangered or threatened under 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533); and
       (2) animal or plant species before the species reach 
     threatened or endangered status, such as candidate, State-
     listed species, and special concern species.

     SEC. 504. FINANCIAL ASSISTANCE.

       (a) Agreements of Not More Than 99 Years.--In the case of 
     land enrolled in the healthy forests reserve program using an 
     agreement of not more than 99 years described in section 
     502(f)(1)(C), the Secretary of Agriculture shall pay the 
     owner of the land an amount equal to not less than 75 
     percent, nor more than 100 percent, of (as determined by the 
     Secretary)--
       (1) the fair market value of the enrolled land during the 
     period the land is subject to the agreement, less the fair 
     market value of the land encumbered by the agreement; and
       (2) the actual costs of the approved conservation practices 
     or the average cost of approved practices carried out on the 
     land during the period in which the land is subject to the 
     agreement.
       (b) 30-Year Agreement.-- In the case of land enrolled in 
     the healthy forests reserve program using a 30-year 
     agreement, the Secretary of Agriculture shall pay the owner 
     of the land an amount equal to not more than (as determined 
     by the Secretary)--
       (1) 75 percent of the fair market value of the land, less 
     the fair market value of the land encumbered by the 
     agreement; and
       (2) 75 percent of the actual costs of the approved 
     conservation practices or 75 percent of the average cost of 
     approved practices.
       (c) 10-Year Agreement.--In the case of land enrolled in the 
     healthy forests reserve program using a 10-year cost-share 
     agreement, the Secretary of Agriculture shall pay the owner 
     of the land an amount equal to not more than (as determined 
     by the Secretary)--
       (1) 50 percent of the actual costs of the approved 
     conservation practices; or
       (2) 50 percent of the average cost of approved practices.
       (d) Acceptance of Contributions.--The Secretary of 
     Agriculture may accept and use contributions of non-Federal 
     funds to make payments under this section.

     SEC. 505. TECHNICAL ASSISTANCE.

       (a) In General.--The Secretary of Agriculture shall provide 
     landowners with technical assistance to assist the owners in 
     complying with the terms of plans (as included in agreements) 
     under the healthy forests reserve program.
       (b) Technical Service Providers.--The Secretary of 
     Agriculture may request the services of, and enter into 
     cooperative agreements with, individuals or entities 
     certified as technical service providers under section 1242 
     of the Food Security Act of 1985 (16 U.S.C. 3842), to assist 
     the Secretary in providing technical assistance necessary to 
     develop and implement the healthy forests reserve program.

     SEC. 506. PROTECTIONS AND MEASURES

       (a) Protections.--In the case of a landowner that enrolls 
     land in the program and whose conservation activities result 
     in a net conservation benefit for listed, candidate, or other 
     species, the Secretary of Agriculture shall make available to 
     the landowner safe harbor or similar assurances and 
     protection under--
       (1) section 7(b)(4) of the Endangered Species Act of 1973 
     (16 U.S.C. 1536(b)(4)); or
       (2) section 10(a)(1) of that Act (16 U.S.C. 1539(a)(1)).
       (b) Measures.--If protection under subsection (a) requires 
     the taking of measures that are in addition to the measures 
     covered by the applicable restoration plan agreed to under 
     section 503, the cost of the additional measures, as well as 
     the cost of any permit, shall be considered part of the 
     restoration plan for purposes of financial assistance under 
     section 504.

     SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.

       In carrying out this title, the Secretary of Agriculture 
     may consult with--
       (1) nonindustrial private forest landowners;
       (2) other Federal agencies;
       (3) State fish and wildlife agencies;
       (4) State forestry agencies;
       (5) State environmental quality agencies;
       (6) other State conservation agencies; and
       (7) nonprofit conservation organizations.

     SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title--
       (1) $25,000,000 for fiscal year 2004; and
       (2) such sums as are necessary for each of fiscal years 
     2005 through 2008.

                      TITLE VI--PUBLIC LAND CORPS

     SEC. 601. PURPOSES.

       The purposes of this title are--
       (1) to carry out, in a cost-effective and efficient manner, 
     rehabilitation, enhancement, and beautification projects;
       (2) to offer young people, ages 16 through 25, particularly 
     those who are at-risk or economically disadvantaged, the 
     opportunity to gain productive employment and exposure to the 
     world of work;
       (3) to give those young people the opportunity to serve 
     their communities and their country; and
       (4) to expand educational opportunities by rewarding 
     individuals who participate in the Public Land Corps with an 
     increased ability to pursue higher education or job training.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' means a Regional Corporation or Village 
     Corporation, as defined in section 101(11) of the National 
     and Community Service Act of 1990 (42 U.S.C. 12511(11)).
       (2) Corps.--The term ``Corps'' means the Public Land Corps 
     established under section 603(a).
       (3) Hawaiian home lands.--The term ``Hawaiian home lands'' 
     means that term, within the meaning of the National and 
     Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
       (4) Indian lands.--The term ``Indian lands'' has the 
     meaning given the term in section 101 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12511).
       (5) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of Agriculture; and
       (B) the Secretary of the Interior.
       (6) Service and conservation corps.--The term ``service and 
     conservation corps'' means any organization established by a 
     State or local government, nonprofit organization, or Indian 
     tribe that--
       (A) has a demonstrable capability to provide productive 
     work to individuals;
       (B) gives participants a combination of work experience, 
     basic and life skills, education, training, and support 
     services; and
       (C) provides participants with the opportunity to develop 
     citizenship values through service to their communities and 
     the United States.
       (7) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.

     SEC. 603. PUBLIC LAND CORPS.

       (a) Establishment.--There is established a Public Land 
     Corps.
       (b) Participants.--The Corps shall consist of individuals 
     who are enrolled as members of a service or conservation 
     corps.
       (c) Contracts or Agreements.--The Secretaries may enter 
     into contracts or cooperative agreements--
       (1) directly with any service and conservation corps to 
     perform appropriate rehabilitation, enhancement, or 
     beautification projects; or
       (2) with a department of natural resources, agriculture, or 
     forestry (or an equivalent department) of any State that has 
     entered into a contract or cooperative agreement with a 
     service and conservation corps to perform appropriate 
     rehabilitation, enhancement, or beautification projects.
       (d) Projects.--
       (1) In general.--The Secretaries may use the members of a 
     service and conservation corps to perform rehabilitation, 
     enhancement, or beautification projects authorized by law.
       (2) Included land.--In addition to Federal and State lands, 
     the projects may be carried out on--
       (A) Indian lands, with the approval of the applicable 
     Indian tribe;
       (B) Hawaiian home lands, with the approval of the relevant 
     State agency in the State of Hawaii; and
       (C) Alaska native lands, with the approval of the 
     applicable Alaska Native Corporation.
       (e) Preference.--In carrying out this title, the 
     Secretaries shall give preference to projects that will--
       (1) provide long-term benefits by reducing hazardous fuels 
     on Federal land;
       (2) instill in members of the service and conservation 
     corps--
       (A) a work ethic;
       (B) a sense of personal responsibility; and
       (C) a sense of public service;
       (3) be labor intensive; and
       (4) be planned and initiated promptly.
       (f) Supportive Services.--The Secretaries may provide such 
     services as the Secretaries consider necessary to carry out 
     this title.
       (g) Technical Assistance.--To carry out this title, the 
     Secretaries shall provide technical assistance, oversight, 
     monitoring, and evaluation to--

[[Page 26738]]

       (1) State Departments of Natural Resources and Agriculture 
     (or equivalent agencies); and
       (2) members of service and conservation corps.

     SEC. 604. NONDISPLACEMENT.

       The nondisplacement requirements of section 177(b) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12637(b)) shall apply to activities carried out by the Corps 
     under this title.

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

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

         TITLE VII--RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM

     SEC. 701. PURPOSE

       The purpose of this title is to assist in the economic 
     revitalization of rural forest resource-dependent communities 
     through incentives and collaboration to promote investment in 
     private enterprise and community development by--
       (1) the Department of Agriculture;
       (2) the Department of the Interior;
       (3) the Department of Commerce;
       (4) the Small Business Administration;
       (5) land grant colleges and universities; and
       (6) 1890 Institutions.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) 1890 institution.--The term ``1890 Institution'' has 
     the meaning given the term in section 2 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998 (7 
     U.S.C. 7601).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) a unit of State or local government;
       (B) an Indian tribe;
       (C) a nonprofit organization;
       (D) a small forest products business;
       (E) a rural forest resource-dependent community;
       (F) a land grant college or university; or
       (G) an 1890 institution.
       (3) Eligible project.--The term ``eligible project'' means 
     a project described in section 703 that will promote the 
     economic development in rural forest resource-dependent 
     communities based on--
       (A) responsible forest stewardship;
       (B) the production of sustainable forest products; or
       (C) the development of forest related tourism and 
     recreation activities.
       (4) Forest products.--The term ``forest products'' means--
       (A) logs;
       (B) lumber;
       (C) chips;
       (D) small-diameter finished wood products;
       (E) energy biomass;
       (F) mulch; and
       (G) any other material derived from forest vegetation or 
     individual trees or shrubs.
       (5) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is--
       (A) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       (B) exempt from taxation under 501(a) of that Code.
       (6) Program.--The term ``program'' means the rural 
     community forestry enterprise program established under 
     section 703.
       (7) Small forest products business.--The term ``small 
     forest products business'' means a small business concern (as 
     defined under section 3 of the Small Business Act (15 U.S.C. 
     632)) that is classified under subsector 113 or code number 
     115310 of the North American Industrial Classification 
     System.
       (8) Rural forest resource-dependent community.--
       (A) In general.--The term ``rural forest resource-dependent 
     community'' means a community located in a rural area of the 
     United States that is traditionally dependent on forestry 
     products as a primary source of community infrastructure.
       (B) Inclusions.--The term ``rural forest resource-dependent 
     community'' includes a community described in subparagraph 
     (A) located in--
       (i) the northern forest land of Maine;
       (ii) New Hampshire;
       (iii) New York;
       (iv) Vermont;
       (v) the Upper Peninsula of Michigan;
       (vi) northern California; and
       (vii) eastern Oregon.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 703. RURAL COMMUNITY FORESTRY ENTERPRISE PROGRAM.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish within 
     the Forest Service a program to be known as the ``Rural 
     Community Forestry Enterprise Program''.
       (2) Consultation.--In carrying out the program, the 
     Secretary shall consult with--
       (A) the Small Business Administration;
       (B) the Economic Development Administration;
       (C) land grant colleges and universities;
       (D) 1890 institutions;
       (E) research stations and laboratories of the Forest 
     Service;
       (F) other agencies of the Department of Agriculture that 
     administer rural development programs; and
       (G) private nonprofit organizations.
       (b) Purposes.--The purposes of the program are--
       (1) to enhance technical and business management skills 
     training;
       (2) to organize cooperatives and marketing programs;
       (3) to establish and maintain timber worker skill pools;
       (4) to establish and maintain forest product distribution 
     networks and collection centers;
       (5) to facilitate technology transfer for processing small 
     diameter trees and brush into useful products;
       (6) to develop, where support exists, a program to promote 
     science-based technology implementation and technology 
     transfer that expands the capacity for small forest product 
     businesses to work within market areas;
       (7) to promote forest-related tourism and recreational 
     activities;
       (8) to enhance the rural forest business infrastructure 
     needed to reduce hazardous fuels on public and private land; 
     and
       (9) to carry out related programs and activities, as 
     determined by the Secretary.
       (c) Forest Enterprise Centers.--
       (1) In general.--The Secretary shall establish Forest 
     Enterprise Centers to provide services to rural forest-
     dependent communities.
       (2) Location.--A Center shall be located within close 
     proximity of rural forest-dependent communities served by the 
     Center, with at least 1 center located in each of the States 
     of California, Idaho, Oregon, Montana, New Mexico, Vermont, 
     and Washington.
       (3) Duties.--A Center shall--
       (A) carry out eligible projects; and
       (B) coordinate assistance provided to small forest products 
     businesses with--
       (i) the Small Business Administration, including the timber 
     set-aside program carried out by the Small Business 
     Administration;
       (ii) the Rural Utilities Service, the Rural Housing 
     Service, and the Rural Business-Cooperative Service of the 
     Department of Agriculture;
       (iii) the Economic Development Administration, including 
     the local technical assistance program of the Economic 
     Development Administration; and
       (iv) research stations and laboratories of the Forest 
     Service.
       (d) Forest Enterprise Technical Assistance and Grant 
     Program.--
       (1) In general.--The Secretary, acting through the Forest 
     Enterprise Centers established under subsection (c), shall 
     establish a program to provide technical assistance and 
     grants to eligible entities to carry out eligible projects.
       (2) Criteria.--The Secretary shall work with each Forest 
     Enterprise Center to develop appropriate program review and 
     prioritization criteria for each Research Station.
       (3) Matching funds.--Grants under this section shall--
       (A) not exceed 50 percent of the cost of an eligible 
     project; and
       (B) be made on the condition that non-Federal sources pay 
     for the remainder of the cost of an eligible project 
     (including payment through in-kind contributions of services 
     or materials).
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $15,000,000 
     for each of fiscal years 2004 through 2008.

            TITLE VIII--FIREFIGHTERS MEDICAL MONITORING ACT

     SEC. 801. SHORT TITLE.

       This title shall be referred to as the ``Firefighters 
     Medical Monitoring Act of 2003''.

     SEC. 802. MONITORING OF FIREFIGHTERS IN DISASTER AREAS.

       (a) In General.--The National Institute for Occupational 
     Safety and Health shall monitor the long-term medical health 
     of those firefighters who fought fires in any area declared a 
     disaster area by the Federal Government.
       (b) Health Monitoring.--The long-term health monitoring 
     referred to in subsection (a) shall include, but not be 
     limited to, pulmonary illness, neurological damage, and 
     cardiovascular damage, and shall utilize the medical 
     expertise in the local areas affected.
       (c) Authorization.--To carry out this title, there are 
     authorized to be appropriated such sums as may be necessary 
     in each of fiscal years 2004 through 2008.

             TITLE IX--DISASTER AIR QUALITY MONITORING ACT

     SEC. 901. SHORT TITLE.

       This title shall be referred to as the ``Disaster Air 
     Quality Monitoring Act of 2003''.

     SEC. 902. MONITORING OF AIR QUALITY IN DISASTER AREAS.

       (a) In General.--No later than six (6) months after the 
     enactment of this legislation, the Environmental Protection 
     Agency shall provide each of its regional offices a mobile 
     air pollution monitoring network to monitor the emissions of 
     hazardous air pollutants in areas declared a disaster as 
     referred to in subsection (b), and publish such information 
     on a daily basis on its web site and in other forums, until 
     such time as the Environmental Protection Agency has 
     determined that the danger has subsided.
       (b) Disaster Areas.--The areas referred to in subsection 
     (a) are those areas declared a disaster area by the Federal 
     Government.
       (c) Continuous Monitoring.--The monitoring referred to in 
     subsection (a) shall include the continuous and spontaneous 
     monitoring of hazardous air pollutants, as defined in Public 
     Law 95-95, section 112(b).
       (d) Authorization.--To carry out this title, there are 
     authorized to be appropriated $8,000,000.

[[Page 26739]]



                 TITLE X--HIGHLANDS REGION CONSERVATION

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. FINDINGS.

       Congress finds the following:
       (1) The Highlands region is a physiographic province that 
     encompasses more than 2,000,000 acres extending from eastern 
     Pennsylvania through the States of New Jersey and New York to 
     northwestern Connecticut.
       (2) The Highlands region is an environmentally unique area 
     that--
       (A) provides clean drinking water to over 15,000,000 people 
     in metropolitan areas in the States of Connecticut, New 
     Jersey, New York, and Pennsylvania;
       (B) provides critical wildlife habitat, including habitat 
     for 247 threatened and endangered species;
       (C) maintains an important historic connection to early 
     Native American culture, colonial settlement, the American 
     Revolution, and the Civil War;
       (D) contains recreational resources for 14 million visitors 
     annually;
       (E) provides other significant ecological, natural, 
     tourism, recreational, educational, and economic benefits; 
     and
       (F) provides homeownership opportunities and access to 
     affordable housing that is safe, clean, and healthy;
       (3) An estimated 1 in 12 citizens of the United States live 
     within a 2-hour drive of the Highlands region.
       (4) More than 1,400,000 residents live in the Highlands 
     region.
       (5) The Highlands region forms a greenbelt adjacent to the 
     Philadelphia-New York City-Hartford urban corridor that 
     offers the opportunity to preserve water, forest and 
     agricultural resources, wildlife habitat, recreational areas, 
     and historic sites, while encouraging sustainable economic 
     growth and development in a fiscally and environmentally 
     sound manner.
       (6) Continued population growth and land use patterns in 
     the Highlands region--
       (A) reduce the availability and quality of water;
       (B) reduce air quality;
       (C) fragment the forests;
       (D) destroy critical migration corridors and forest 
     habitat; and
       (E) result in the loss of recreational opportunities and 
     scenic, historic, and cultural resources;
       (7) The water, forest, wildlife, recreational, 
     agricultural, and cultural resources of the Highlands region, 
     in combination with the proximity of the Highlands region to 
     the largest metropolitan areas in the United States, make the 
     Highlands region nationally significant.
       (8) The national significance of the Highlands region has 
     been documented in--
       (A) the New York-New Jersey Highlands Regional Study 
     conducted by the Forest Service in 1990;
       (B) the New York-New Jersey Highlands Regional Study: 2002 
     Update conducted by the Forest Service;
       (C) the bi-State Skylands Greenway Task Force Report;
       (D) the New Jersey State Development and Redevelopment 
     Plan;
       (E) the New York State Open Space Conservation Plan;
       (F) the Connecticut Green Plan: Open Space Acquisition FY 
     2001-2006;
       (G) the open space plans of the State of Pennsylvania; and
       (H) other open space conservation plans for States in the 
     Highlands region;
       (9) The Highlands region includes or is adjacent to 
     numerous parcels of land owned by the Federal Government or 
     federally designated areas that protect, conserve, or restore 
     resources of the Highlands region, including--
       (A) the Wallkill River National Wildlife Refuge;
       (B) the Shawanagunk Grasslands Wildlife Refuge;
       (C) the Morristown National Historical Park;
       (D) the Delaware and Lehigh Canal Corridors;
       (E) the Hudson River Valley National Heritage Area;
       (F) the Delaware River Basin;
       (G) the Delaware Water Gap National Recreation Area;
       (H) the Upper Delaware Scenic and Recreational River;
       (I) the Appalachian National Scenic Trail;
       (J) the United States Military Academy at West Point, New 
     York;
       (K) the Highlands National Millenium Trail;
       (L) the Great Swamp National Wildlife Refuge;
       (M) the proposed Crossroads of the Revolution National 
     Heritage Area;
       (N) the proposed Musconetcong National Scenic and 
     Recreational River in New Jersey; and
       (O) the Farmington River Wild and Scenic Area in 
     Connecticut;
       (10) It is in the interest of the United States to protect, 
     conserve, and restore the resources of the Highlands region 
     for the residents of, and visitors to, the Highlands region.
       (11) The States of Connecticut, New Jersey, New York, and 
     Pennsylvania, and units of local government in the Highlands 
     region have the primary responsibility for protecting, 
     conserving, preserving, restoring and promoting the resources 
     of the Highlands region.
       (12) Because of the longstanding Federal practice of 
     assisting States in creating, protecting, conserving, and 
     restoring areas of significant natural and cultural 
     importance, and the national significance of the Highlands 
     region, the Federal Government should, in partnership with 
     the Highlands States and units of local government in the 
     Highlands region, protect, restore, and preserve the water, 
     forest, agricultural, wildlife, recreational and cultural 
     resources of the Highlands region.

     SEC. 1003. PURPOSES.

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

     SEC. 1004. DEFINITIONS.

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

     SEC. 1005. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE 
                   HIGHLANDS REGION.

       (a) Submission of Proposed Projects.--Annually, the 
     Governors of the Highlands States, with input from pertinent 
     units of local government and the public, may jointly 
     identify land conservation partnership projects in the 
     Highlands region that shall be proposed for Federal financial 
     assistance and submit a list of those projects to the 
     Secretary of the Interior.
       (b) Consideration of Projects.--The Secretary of the 
     Interior, in consultation with the Secretary of Agriculture, 
     shall annually submit to Congress a list of those land 
     conservation partnership projects submitted under subsection 
     (a) that are eligible to receive financial assistance under 
     this section.
       (c) Eligibility Conditions.--To be eligible for financial 
     assistance under this section for a land conservation 
     partnership project, a non-Federal entity shall enter into an 
     agreement with the Secretary of the Interior that--
       (1) identifies the non-Federal entity that shall own or 
     hold and manage the land or interest in land;
       (2) identifies the source of funds to provide the non-
     Federal share required under subsection (d);
       (3) describes the management objectives for the land that 
     will assure permanent protection and use of the land for the 
     purpose for which the assistance will be provided;
       (4) provides that, if the non-Federal entity converts, 
     uses, or disposes of the land conservation partnership 
     project for a purpose inconsistent with the purpose for which 
     the assistance was provided, as determined by the Secretary 
     of the Interior, the United States may seek specific 
     performance of the conditions of financial assistance in 
     accordance with paragraph (3) in Federal court and shall be 
     entitled to reimbursement from the non-Federal entity in an 
     amount that is, as determined at the time of conversion, use, 
     or disposal, the greater of--
       (A) the total amount of the financial assistance provided 
     for the project by the Federal Government under this section; 
     or
       (B) the amount by which the financial assistance increased 
     the value of the land or interest in land; and
       (5) provides that land conservation partnership projects 
     will be consistent with areas identified as having high 
     conservation value in the following:
       (A) Important Areas portion of the Forest Service study.
       (B) Conservation Focal Areas portion of the Forest Service 
     update.

[[Page 26740]]

       (C) Conservation Priorities portion of the update.
       (D) Lands identified as having higher or highest resource 
     value in the Conservation Values Assessment portion of the 
     update.
       (d) Non-Federal Share Requirement.--The Federal share of 
     the cost of carrying out a land conservation partnership 
     project under this section shall not exceed 50 percent of the 
     total cost of the land conservation partnership project.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior from the 
     general funds of the Treasury or the Land and Water 
     Conservation Fund to carry out this section $10,000,000 for 
     each of the fiscal years 2005 through 2014. Amounts 
     appropriated pursuant to this authorization of appropriations 
     shall remain available until expended.

     SEC. 1006. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS 
                   REGION.

       (a) In General.--In order to meet the land resource goals 
     of, and the scientific and conservation challenges identified 
     in, the study, update, and any future study that the Forest 
     Service may undertake in the Highlands region, the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service and in consultation with the Chief of the Natural 
     Resource Conservation Service, shall continue to assist the 
     Highlands States, local units of government, and private 
     forest and farm landowners in the conservation of lands and 
     natural resources in the Highlands region.
       (b) Duties.--The Forest Service shall--
       (1) in consultation with the Highlands States, undertake 
     other studies and research as appropriate in the Highlands 
     region consistent with the purposes of this title;
       (2) communicate the findings of the study and update and 
     maintain a public dialogue regarding implementation of the 
     study and update; and
       (3) assist the Highland States, local units of government, 
     individual landowners, and private organizations in 
     identifying and using Forest Service and other technical and 
     financial assistance programs of the Department of 
     Agriculture.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture to carry 
     out this section $1,000,000 for each of the fiscal years 2005 
     through 2014.

     SEC. 1007. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY 
                   EFFECT.

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

                   TITLE XI--MISCELLANEOUS PROVISIONS

     SEC. 1101. FOREST INVENTORY AND MANAGEMENT.

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

     ``SEC. 17. FOREST INVENTORY AND MANAGEMENT.

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

     SEC. 1102. PROGRAM FOR EMERGENCY TREATMENT AND REDUCTION OF 
                   NONNATIVE INVASIVE PLANTS.

       (a) Definitions.--In this section:
       (1) Interface community.--The term ``interface community'' 
     has the meaning given the term in the notice published at 66 
     Fed. Reg. 751 (January 4, 2001) (including any subsequent 
     revision to the notice).
       (2) Intermix community.--The term ``intermix community'' 
     has the meaning given the term in the notice published at 66 
     Fed. Reg. 751 (January 4, 2001) (including any subsequent 
     revision to the notice).
       (3) Plant.--The term ``plant'' includes--
       (A) a tree;
       (B) a shrub; and
       (C) a vine.
       (4) Program.--The term ``program'' means the program for 
     emergency treatment and reduction of nonnative invasive 
     plants established under subsection (b)(1).
       (5) Secretaries.--The term ``Secretaries'' means the 
     Secretary of Agriculture and the Secretary of the Interior, 
     acting jointly.
       (b) Establishment.--
       (1) In general.--The Secretaries shall establish a program 
     for emergency treatment and reduction of nonnative invasive 
     plants to provide to State and local governments and 
     agencies, conservation districts, tribal governments, and 
     willing private landowners grants for use in carrying out 
     hazardous fuel reduction projects to address threats of 
     catastrophic fires that have been determined by the 
     Secretaries to pose a serious threat to--
       (A) property;
       (B) human life; or
       (C) the ecological stability of an area.
       (2) Coordination.--In carrying out the program, the 
     Secretaries shall coordinate with such Federal agencies, 
     State and local governments and agencies, and conservation 
     districts as are affected by projects under the program.
       (c) Eligible Land.--A project under the program shall--
       (1) be carried out only on land that is located--
       (A) in an interface community or intermix community; or
       (B) in such proximity to an interface community or intermix 
     community as would pose a significant risk in the event of 
     the spread of a fire disturbance event from the land 
     (including a risk that would threaten human life or property 
     in proximity to or within the interface community or intermix 
     community), as determined by the Secretaries;
       (2) remove fuel loads determined by the Secretaries, a 
     State or local government, a tribal government, or a private 
     landowner to pose a serious threat to--
       (A) property;
       (B) human life; or
       (C) the ecological stability of an area; and
       (3) involve the removal of nonnative invasive plants.
       (d) Use of Funds.--Funds made available for a project under 
     the program shall be used only for--
       (1) the removal of plants or other potential fuels that 
     are--
       (A) adjacent to or within the wildland urban interface; or
       (B) adjacent to a municipal watershed, river, or water 
     course;
       (2) the removal of erosion structures that impede the 
     removal of nonnative plants; or
       (3) the replanting of native vegetation to reduce the 
     reestablishment of nonnative invasive plants in a treatment 
     area.
       (e) Revolving Fund.--
       (1) In general.--In the case of a grant provided to a 
     willing owner to carry out a project on non-Federal land 
     under this section, the

[[Page 26741]]

     owner shall deposit into a revolving fund established by the 
     Secretaries any proceeds derived from the sale of timber or 
     biomass removed from the non-Federal land under the project.
       (2) Use.--The Secretaries shall use amounts in the 
     revolving fund to make additional grants under this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, to remain available until expended.

     SEC. 1103. USDA NATIONAL AGROFORESTRY CENTER.

       (a) In General.--Section 1243 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; 
     Public Law 101-624) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1243. USDA NATIONAL AGROFORESTRY CENTER.'';

     and
       (2) in subsection (a)--
       (A) by striking ``Semiarid'' and inserting ``USDA 
     National''; and
       (B) by striking ``Semiarid'' and inserting ``USDA 
     National''.
       (b) Program.--Section 1243(b) of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; 
     Public Law 101-624) is amended--
       (1) by inserting ``local governments, community 
     organizations, the Institute of Tropical Forestry and the 
     Institute of Pacific Islands Forestry of the Forest 
     Service,'' after ``entities,'';
       (2) in paragraph (1), by striking ``on semiarid lands'';
       (3) in paragraph (3), by striking ``from semiarid land'';
       (4) by striking paragraph (4) and inserting the following:
       ``(4) collect information on the design, installation, and 
     function of forested riparian and upland buffers to--
       ``(A) protect water quality; and
       ``(B) manage water flow;'';
       (5) in paragraphs (6) and (7), by striking ``on semiarid 
     lands'' each place it appears;
       (6) by striking paragraph (8) and inserting the following:
       ``(8) provide international leadership in the worldwide 
     development and exchange of agroforestry practices;'';
       (7) in paragraph (9), by striking ``on semiarid lands'';
       (8) in paragraph (10), by striking ``and'' at the end;
       (9) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (10) by adding at the end the following:
       ``(12) quantify the carbon storage potential of 
     agroforestry practices such as--
       ``(A) windbreaks;
       ``(B) forested riparian buffers;
       ``(C) silvopasture timber and grazing systems; and
       ``(D) alley cropping; and
       ``(13) modify and adapt riparian forest buffer technology 
     used on agricultural land for use by communities to manage 
     stormwater runoff.''.

     SEC. 1104. UPLAND HARDWOODS RESEARCH CENTER.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     establish an Upland Hardwood Research Center.
       (b) Location.--The Secretary of Agriculture shall locate 
     the Research Center in an area that, as determined by the 
     Secretary of Agriculture, would best use and study the upland 
     hardwood resources of the Ozark Mountains and the South.
       (c) Duties.--The Upland Hardwood Research Center shall, in 
     conjunction with the Southern Forest Research Station of the 
     Department of Agriculture--
       (1) provide the scientific basis for sustainable management 
     of southern upland hardwood forests, particularly in the 
     Ozark Mountains and associated mountain and upland forests; 
     and
       (2) conduct research in all areas to emphasize practical 
     application toward the use and preservation of upland 
     hardwood forests, particularly--
       (A) the effects of pests and pathogens on upland hardwoods;
       (B) hardwood stand regeneration and reproductive biology;
       (C) upland hardwood stand management and forest health;
       (D) threatened, endangered, and sensitive aquatic and 
     terrestrial fauna;
       (E) ecological processes and hardwood ecosystem 
     restoration; and
       (F) education and outreach to nonindustrial private forest 
     landowners and associations.
       (d) Research.--In carrying out the duties under subsection 
     (c), the Upland Hardwood Research Center shall--
       (1) cooperate with the Center for Bottomland Hardwood 
     Research of the Southern Forest Research Station of the 
     Department of Agriculture, located in Stoneville, 
     Mississippi; and
       (2) provide comprehensive research in the Mid-South region 
     of the United States, the Upland Forests Ecosystems Unit of 
     the Southern Forest Research Station of the Department of 
     Agriculture, located in Monticello, Arkansas.
       (e) Participation of Private Landowners.--The Secretary of 
     Agriculture shall encourage and facilitate the participation 
     of private landowners in the program under this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,500,000 for 
     each fiscal year.

     SEC. 1105. EMERGENCY FUEL REDUCTION GRANTS.

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

     SEC. 1106. EASTERN NEVADA LANDSCAPE COALITION.

       (a) In General.--(1) The Secretary of Agriculture and the 
     Secretary of the Interior are authorized to make grants to 
     the Eastern Nevada Landscape Coalition for the study and 
     restoration of rangeland and other lands in Nevada's Great 
     Basin in order to help assure the reduction of hazardous 
     fuels and for related purposes.
       (2) Notwithstanding sections 6301 through 6308 of title 31, 
     United States Code, the Director of the Bureau of Land 
     Management shall enter into a cooperative agreement with the 
     Eastern Nevada Landscape Coalition for the Great Basin 
     Restoration Project, including hazardous fuels and mechanical 
     treatments and related work.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 1107. SENSE OF CONGRESS REGARDING ENHANCED COMMUNITY 
                   FIRE PROTECTION.

       It is the sense of Congress to reaffirm the importance of 
     enhanced community fire protection program, as described in 
     section 10A of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2106c) (as added by section 8003(b) of the 
     Farm Security and Rural Investment Act of 2002 (Public Law 
     107-171; 116 Stat. 473)).

     SEC. 1108. COLLABORATIVE MONITORING.

       (a) In General.--The Secretaries shall establish a 
     collaborative monitoring, evaluation, and accountability 
     process in order to assess the positive or negative 
     ecological and social effects of a representative sampling of 
     projects implemented pursuant to title I and section 404 of 
     this Act. The Secretaries shall include diverse stakeholders, 
     including interested citizens and Indian tribes, in the 
     monitoring and evaluation process.
       (b) Means.--The Secretaries may collect monitoring data 
     using cooperative agreements, grants or contracts with small 
     or micro-businesses, cooperatives, nonprofit organizations, 
     Youth Conservation Corps work crews or related partnerships 
     with State, local, and other non-Federal conservation corps.
       (c) Funds.--Funds to implement this section shall be 
     derived from hazardous fuels operations funds.

     SEC. 1109. BEST-VALUE CONTRACTING.

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

     SEC. 1110. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE 
                   PROGRAM; FOREST LEGACY PROGRAM.

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

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

       ``(a) Definitions.--In this section:
       ``(1) Committee.--The term `Committee' means a State Forest 
     Stewardship Coordinating Committee established under section 
     19(b).
       ``(2) Eligible entity.--The term `eligible entity' means a 
     unit of local government or a nonprofit organization that--
       ``(A) the Secretary determines, in accordance with the 
     criteria established under subsection

[[Page 26742]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 26743]]

       ``(3) State authorization.--
       ``(A) Definition of state forester.--The term `State 
     forester' has the meaning given the term in section 4(k).
       ``(B) In general.--Notwithstanding subsection (c) and 
     paragraph (2)(B), the Secretary shall, on request by a State, 
     authorize the State to allow a qualified organization (as 
     defined in section 170(h)(3) of the Internal Revenue Code of 
     1986) and that is organized for at least 1 of the purposes 
     described in section 170(h)(4)(A) of that Code, using amounts 
     granted to a State under this paragraph, to acquire 1 or more 
     conservation easements to carry out the Forest Legacy Program 
     in the State.
       ``(C) Eligibility.--To be eligible to acquire and manage 
     conservation easements under this paragraph, a qualified 
     organization described in subparagraph (B) shall, as 
     determined by the Secretary, acting through the State 
     forester, demonstrate the abilities necessary to acquire, 
     monitor, and enforce interests in forest land consistent with 
     the Forest Legacy Program and the assessment of need for the 
     State.
       ``(D) Monitoring and enforcement.--
       ``(i) In general.--A qualified organization that acquires a 
     conservation easement under this paragraph shall be 
     responsible for monitoring and enforcing the terms of the 
     conservation easement and any of the costs of the qualified 
     organization associated with such monitoring and enforcement.
       ``(ii) Contingent rights.--If a qualified organization that 
     acquires a conservation easement under this paragraph fails 
     to enforce the terms of the conservation easement, as 
     determined by the State, the State or the Secretary shall 
     have the right to enforce the terms of the conservation 
     easement under Federal or State law.
       ``(iii) Amendments.--Any amendments to a conservation 
     easement that materially affect the terms of the conservation 
     easement shall be subject to approval by the Secretary or the 
     State, as appropriate.
       ``(E) Termination of easement.--
       ``(i) In general.--Except as provided in clause (ii), all 
     right, title, and interest of a qualified organization 
     described in subparagraph (B) in and to a conservation 
     easement shall terminate and vest in the State or a qualified 
     designee if the State determines that--

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

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

     SEC. 1111. WILDLAND FIREFIGHTER SAFETY.

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

     SEC. 1112. GREEN MOUNTAIN NATIONAL FOREST BOUNDARY 
                   ADJUSTMENT.

       (a) In General.--The boundaries of the Green Mountain 
     National Forest are modified to include all parcels of land 
     depicted on the forest maps entitled ``Green Mountain 
     Expansion Area Map I'' and ``Green Mountain Expansion Area 
     Map II'', each dated February 20, 2002, which shall be on 
     file and available for public inspection in the Office of the 
     Chief of the Forest Service, Washington, District of 
     Columbia.
       (b) Management.--Federally owned land delineated on the 
     maps acquired for National Forest purposes shall continue to 
     be managed in accordance with the laws (including 
     regulations) applicable to the National Forest System.
       (c) Land and Water Conservation Fund.--For the purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460-9), the boundaries of the Green Mountain 
     National Forest, as adjusted by this Act, shall be considered 
     to be the boundaries of the national forest as of January 1, 
     1965.

     SEC. 1113. PUERTO RICO KARST CONSERVATION.

       (a) Short Title.--This section may be cited as the ``Puerto 
     Rico Karst Conservation Act of 2003''.
       (b) Findings.--Congress finds that--
       (1) in the Karst Region of the Commonwealth of Puerto Rico 
     there are--
       (A) some of the largest areas of tropical forests in Puerto 
     Rico, with a higher density of tree species than any other 
     area in the Commonwealth; and
       (B) unique geological formations that are critical to the 
     maintenance of aquifers and watersheds that constitute a 
     principal water supply for much of the Commonwealth;
       (2) the Karst Region is threatened by development that, if 
     unchecked, could permanently damage the aquifers and cause 
     irreparable damage to natural and environmental assets that 
     are unique to the United States;
       (3) the Commonwealth has 1 of the highest population 
     densities in the United States, which makes the protection of 
     the Karst Region imperative for the maintenance of the public 
     health and welfare of the citizens of the Commonwealth;
       (4) the Karst Region--
       (A) possesses extraordinary ecological diversity, including 
     the habitats of several endangered and threatened species and 
     tropical migrants; and
       (B) is an area of critical value to research in tropical 
     forest management; and
       (5) coordinated efforts at land protection by the Federal 
     Government and the Commonwealth are necessary to conserve the 
     environmentally critical Karst Region.
       (c) Purposes.--The purposes of this section are--
       (1) to authorize and support conservation efforts to 
     acquire, manage, and protect the tropical forest areas of the 
     Karst Region, with particular emphasis on water quality and 
     the protection of the aquifers that are vital to the health 
     and wellbeing of the citizens of the Commonwealth; and
       (2) to promote cooperation among the Commonwealth, Federal 
     agencies, corporations, organizations, and individuals in 
     those conservation efforts.
       (d) Definitions.--In this section:
       (1) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.
       (2) Forest legacy program.--The term ``Forest Legacy 
     Program'' means the program established under section 7 of 
     the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c).
       (3) Fund.--The term ``Fund'' means the Puerto Rico Karst 
     Conservation Fund established by subsection (f).
       (4) Karst region.--The term ``Karst Region'' means the 
     areas in the Commonwealth generally depicted on the map 
     entitled ``Karst Region Conservation Area'' and dated March 
     2001, which shall be on file and available for public 
     inspection in--
       (A) the Office of the Secretary, Puerto Rico Department of 
     Natural and Environmental Resources; and
       (B) the Office of the Chief of the Forest Service.
       (5) Land.--The term ``land'' includes land, water, and an 
     interest in land or water.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (e) Conservation of the Karst Region.--
       (1) Federal cooperation and assistance.--In furtherance of 
     the acquisition, protection, and management of land in and 
     adjacent to the Karst Region and in implementing related 
     natural resource conservation strategies, the Secretary may--
       (A) make grants to and enter into contracts and cooperative 
     agreements with the Commonwealth, other Federal agencies, 
     organizations, corporations, and individuals; and
       (B) use all authorities available to the Secretary, 
     including--
       (i) the Forest and Rangeland Renewable Resources Research 
     Act of 1978 (16 U.S.C. 1641 et seq.);
       (ii) section 1472 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318); 
     and
       (iii) section 12 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a).
       (2) Funding sources.--The activities authorized by this 
     subsection may be carried out using--
       (A) amounts in the Fund;
       (B) amounts in the fund established by section 4(b) of the 
     Forest and Rangeland Renewable Resources Research Act of 1978 
     (16 U.S.C. 1643(b));
       (C) funds appropriated from the Land and Water Conservation 
     Fund;
       (D) funds appropriated for the Forest Legacy Program; and
       (E) any other funds made available for those activities.
       (3) Management.--
       (A) In general.--Land acquired under this subsection shall 
     be managed, in accordance with the Forest and Rangeland 
     Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et 
     seq.), in a manner to protect and conserve the water quality 
     and aquifers and the geological, ecological, fish and 
     wildlife, and other natural values of the Karst Region.
       (B) Failure to manage as required.--In any deed, grant, 
     contract, or cooperative agreement implementing this 
     subsection and the Forest Legacy Program in the Commonwealth, 
     the Secretary may require that, if land acquired by the 
     Commonwealth or other cooperating entity under this section 
     is sold or conveyed in whole or part, or is not managed in 
     conformity with subparagraph (A), title to the land shall, at 
     the

[[Page 26744]]

     discretion of the Secretary, vest in the United States.
       (4) Willing sellers.--Any land acquired by the Secretary in 
     the Karst Region shall be acquired only from a willing 
     seller.
       (5) Relation to other authorities.--Nothing in this 
     subsection--
       (A) diminishes any other authority that the Secretary may 
     have to acquire, protect, and manage land and natural 
     resources in the Commonwealth; or
       (B) exempts the Federal Government from Commonwealth water 
     laws.
       (f) Puerto Rico Karst Conservation Fund.--
       (1) Establishment.--There is established in the Treasury an 
     interest-bearing account to be known as the ``Puerto Rico 
     Karst Conservation Fund''.
       (2) Credits to fund.--There shall be credited to the Fund--
       (A) amounts appropriated to the Fund;
       (B) all amounts donated to the Fund;
       (C) all amounts generated from the Caribbean National 
     Forest that would, but for this paragraph, be deposited as 
     miscellaneous receipts in the Treasury of the United States, 
     but not including amounts authorized by law for payments to 
     the Commonwealth or authorized by law for retention by the 
     Secretary for any purpose;
       (D) all amounts received by the Administrator of General 
     Services from the disposal of surplus real property in the 
     Commonwealth under subtitle I of title 40, United States 
     Code; and
       (E) interest derived from amounts in the Fund.
       (3) Use of fund.--Amounts in the Fund shall be available to 
     the Secretary until expended, without further appropriation, 
     to carry out subsection (e).
       (g) Miscellaneous Provisions.--
       (1) Donations.--
       (A) In general.--The Secretary may accept donations, 
     including land and money, made by public and private 
     agencies, corporations, organizations, and individuals in 
     furtherance of the purposes of this subsection.
       (B) Conflicts of interest.--The Secretary may accept 
     donations even if the donor conducts business with or is 
     regulated by the Department of Agriculture or any other 
     Federal agency.
       (C) Applicable law.--Public Law 95-442 (7 U.S.C. 2269) 
     shall apply to donations accepted by the Secretary under this 
     paragraph.
       (2) Relation to forest legacy program.--
       (A) In general.--All land in the Karst Region shall be 
     eligible for inclusion in the Forest Legacy Program.
       (B) Cost sharing.--The Secretary may credit donations made 
     under paragraph (1) to satisfy any cost-sharing requirements 
     of the Forest Legacy Program.
       (h) Authorization of Appropriations.--
       There are authorized to be appropriated such sums as are 
     necessary to carry out this section.

     SEC. 1114. FARM SECURITY AND RURAL INVESTMENT ACT.

       Section 10806(b)(1) of the Farm Security and Rural 
     Investment Act of 2002 (21 U.S.C. 321d; 116 Stat. 526), is 
     deemed to have first become effective 15 days after the date 
     of the enactment of this Act.

     SEC. 1115. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER 
                   THE ANIMAL WELFARE ACT.

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

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

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

     SEC. 1116. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC 
                   LAND REGULATIONS AND ESTABLISHMENT OF MINIMUM 
                   FINE FOR VIOLATION OF PUBLIC LAND FIRE 
                   REGULATIONS DURING FIRE BAN.

       (a) Lands Under Jurisdiction of Bureau of Land 
     Management.--Section 303(a) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1733(a)) is amended--

[[Page 26745]]

       (1) in the second sentence, by striking ``no more than 
     $1,000'' and inserting ``as provided in title 18, United 
     States Code,''; and
       (2) by inserting after the second sentence the following: 
     ``In the case of a regulation issued under this section 
     regarding the use of fire by individuals on the public lands, 
     if the violation of the regulation was the result of reckless 
     conduct and occurred in an area subject to a complete ban on 
     open fires, the fine may not be less than $500.''.
       (b) National Park System Lands.--
       (1) Fines.--Section 3 of the Act of August 25, 1916 
     (popularly known as the National Park Service Organic Act; 16 
     U.S.C. 3) is amended--
       (A) by striking ``That the Secretary'' at the beginning of 
     the section and inserting ``(a) Regulations for Use and 
     Management of National Park System; Enforcement.--The 
     Secretary'';
       (B) by striking ``$500'' and inserting ``$10,000''; and
       (C) by inserting after the first sentence the following: 
     ``In the case of a rule or regulation issued under this 
     subsection regarding the use of fire by individuals on such 
     lands, if the violation of the rule or regulation was the 
     result of reckless conduct and occurred in an area subject to 
     a complete ban on open fires, the fine may not be less than 
     $500.''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) by striking ``He may also'' the first place it appears 
     and inserting the following:
       ``(b) Special Management Authorities.--The Secretary of the 
     Interior may'';
       (B) by striking ``He may also'' the second place it appears 
     and inserting ``The Secretary may''; and
       (C) by striking ``No natural,'' and inserting the 
     following:
       ``(c) Lease and Permit Authorities.--No natural''.
       (c) National Forest System Lands.--The eleventh 
     undesignated paragraph under the heading ``surveying the 
     public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is 
     amended--
       (1) by striking ``$500'' and inserting ``$10,000''; and
       (2) by inserting after the first sentence the following: 
     ``In the case of such a rule or regulation regarding the use 
     of fire by individuals on such lands, if the violation of the 
     rule or regulation was the result of reckless conduct and 
     occurred in an area subject to a complete ban on open fires, 
     the fine may not be less than $500.''.
       Amend the title so as to read: ``An Act to improve the 
     capacity of the Secretary of Agriculture and the Secretary of 
     the Interior to conduct hazardous fuels reduction projects on 
     National Forest System lands and Bureau of Land Management 
     lands aimed at protecting communities, watersheds, and 
     certain other at-risk lands from catastrophic wildfire, to 
     enhance efforts to protect watersheds and address threats to 
     forest and rangeland health, including catastrophic wildfire, 
     across the landscape, and for other purposes.''.

                          ____________________