[House Report 108-109]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-109
======================================================================
 
 PROVIDING FOR CONSIDERATION OF H.R. 1904, HEALTHY FORESTS RESTORATION 
                              ACT OF 2003

                                _______
                                

May 19, 2003.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 239]

    The Committee on Rules, having had under consideration 
House Resolution 239, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 1904, 
the Healthy Forests Restoration Act of 2003, under a modified 
closed rule.
    The rule provides one hour of debate in the House, with 30 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Agriculture, 20 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources, and 10 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
bill. The rule provides that the amendment printed in Part A of 
this report shall be considered as adopted.
    The rule makes in order the amendment printed in Part B of 
this report, if offered by Representative George Miller of 
California or his designee, which shall be considered as read, 
and shall be separately debatable for one hour equally divided 
and controlled by the proponent and an opponent. The rule 
waives all points of order against the amendment printed in 
Part B of this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill in the rule includes a waiver of clause 4(a) of rule 
XIII (requiring a three-day layover of the committee report), 
which is necessary because the Committee on the Judiciary did 
not file its report (H. Rept. 108-96, Part II) until Friday, 
May 16, 2003, and the bill may be considered by the House as 
early as Tuesday, May 20, 2003.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 72

    Date: May 19, 2003.
    Measure: H.R. 1904--Healthy Forest Restoration Act of 2003.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Mr. Inslee, which clarifies that the Secretary is not 
required to consider more than one alternative and a ``no-
action'' alternative in addition to the proposed agency action 
for authorized hazardous fuels reduction projects.
    Results: Defeated 2 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 73

    Date: May 19, 2003.
    Measure: H.R. 1904--Healthy Forest Restoration Act of 2003.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the appropriate waivers 
for the amendment offered by Mr. Udall of New Mexico, which 
strikes Sections 106, relating to special requirements 
regarding judicial review of authorized hazardous fuels 
reduction projects, and 107, relating to the standard for 
injunctive relief for agency action to restore fire-adapted 
forest or rangeland ecosystems, from the bill.
    Results: Defeated 2 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    (Summaries derived from information provided by sponsors.)

Part A--Summary of amendment to be considered as adopted

    Goodlatte: Manager's Amendment. Clarifies that condition 
class 3 and condition class 2 lands include perennial streams 
that feed a municipal water supply system which are at risk of 
substantial adverse effects on water quality. Addresses 
concerns that there would be no environmental assessment (EA) 
or environmental impact statement (EIS) required on authorized 
fire risk reduction projects. Makes explicit the requirement to 
do an EA or an EIS. Addresses concerns that those who are 
interested in challenging a fire risk reduction project 
authorized would lose their eligibility because they didn't 
submit specific and substantive written comments during the 
preparation state of the authorized project because they didn't 
know about the project. Requires the U.S. Forest Service to 
notice a planned project in a manner sufficient to permit 
interested persons to participate. Requires a court considering 
a motion for an injunction to both balance the short-term 
effects against the long-term benefits. Instead of giving 
deference to the Secretary's decision that the long-term 
benefits outweigh the short-term effects the court needs to 
give the Secretary's decision weight. Addresses concerns that 
all applicable endangered species and riparian protections are 
complied with. Requires the silvicultural assessment projects 
authorized in Title IV be peer reviewed for scientific merit. 
The peer review team must include non-governmental experts 
(i.e. the peer review team cannot be completely comprised of 
USFS employees).

Part B--Summary of amendment to be made in order

    Miller, George (CA)/DeFazio/Rahall/Conyers: Amendment in 
the Nature of a Substitute. Allows for projects within \1/2\ 
mile of threatened communities to be ``categorically excluded'' 
from the National Environmental Policy Act. Codifies the Bush 
Administration's guidance to regarding the preparation 
environmental documents for projects in watersheds and outside 
of the \1/2\ mile zone. Focuses critical federal resources on 
the need to protect communities. Provides for an up-front 
collaborative process that brings communities and federal land 
managers together to identify and prioritize areas most in need 
of thinning. Gives new authority to federal land managers to 
enter into cooperative agreements with local and state 
governments, local fire districts, and homeowner associations 
to plan projects across ownership boundaries. Requires that 85 
percent of funding be spent around homes, communities, or in a 
watershed.
                              ----------                              


            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED


          (Page and line numbers refer to the introduced bill)

  Page 8, line 14, strike ``the Secretary'' and insert ``the 
`Secretary''.
  Page 9, strike lines 16 through 23, and insert the following:
          (3) Condition class 3 or condition class 2 Federal 
        lands located in such proximity to a municipal water 
        supply system, or to a perennial stream feeding a 
        municipal water supply system, that a significant risk 
        exists that a fire disturbance event would have 
        substantial adverse effects on the water quality of the 
        municipal water supply, including the risk to water 
        quality posed by erosion following such a fire 
        disturbance event.
  Page 11, strike lines 7 through 14, and redesignate 
subsequent subsections accordingly.
  Page 12, strike lines 1 through 4.
  Page 12, line 16, insert after the period at the end the 
following new sentence: ``The Secretary concerned shall prepare 
an environmental assessment or an environmental impact 
statement for each authorized hazardous fuels reduction 
project.''.
  Page 14, line 22, strike ``subsection (c)'' and insert 
``subsection (b)''.
  Page 15, line 4, insert after the period at the end the 
following new sentence: ``The Secretary of Agriculture shall 
ensure that, during the preparation stage of each authorized 
hazardous fuels reduction project, notice and comment is 
provided in a manner sufficient to permit interested persons a 
reasonable opportunity to satisfy the requirements of this 
subsection.''.
  Page 17, beginning line 15, strike section 107 and insert the 
following new section (and conform the table of contents 
accordingly):

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

  (a) Covered Projects.--This section applies with respect to a 
motion for an injunction in an action brought against the 
Secretary concerned under section 703 of title 5, United States 
Code, that involves an agency action on Federal lands, 
including an authorized hazardous fuels reduction project, that 
is necessary to restore a fire-adapted forest or rangeland 
system.
  (b) Injunctive Relief.--When considering a motion described 
in subsection (a), in determining whether there would be harm 
to the defendant from the injunction and whether the injunction 
would be in the public interest, the court reviewing the agency 
action shall--
          (1) balance the impact to the ecosystem of the short-
        term and long-term effects of undertaking the agency 
        action against the short-term and long-term effects of 
        not undertaking the agency action; and
          (2) give weight to a finding by the Secretary 
        concerned in the administrative record of the agency 
        action concerning the short-term and long-term effects 
        of undertaking the agency action and of not undertaking 
        the agency action, unless the court finds that the 
        finding was arbitrary and capricious.
  Page 25, after line 4, insert the following new subsection 
and redesignate the subsequent subsection accordingly:
  (c) Relation to Other Endangered Species and Riparian 
Protections.--The Secretary concerned shall comply with 
applicable endangered species and riparian protections in 
making grants under this section. Projects funded using grant 
proceeds shall be required to comply with such protections.
  Page 39, line 24, strike ``sole''.
  Page 40, after line 23, insert the following new paragraph:
          (4) Peer review.--Each applied silvicultural 
        assessment under this title, prior to being carried 
        out, shall be peer reviewed by scientific experts 
        selected by the Secretary concerned, which shall 
        include non-Federal experts. The Secretary concerned 
        may use existing peer review processes to the extent 
        they comply with the preceding sentence.
                              ----------                              


         PART B--TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Hazardous fuels reduction projects authorized.
Sec. 4. Collaboration and public input process.
Sec. 5. Expedited planning and implementation process.
Sec. 6. Development of definitions of old and large trees.
Sec. 7. Ongoing projects and existing authorities.
Sec. 8. Preference to communities with fire prevention ordinances.
Sec. 9. Sunset.
Sec. 10. Authorization of appropriations.

SEC. 2. DEFINITIONS.

  (a) Land Type and Fire Regime Definitions From Forest Service 
Rocky Mountain Research Station.--In this Act:
          (1) Condition class 2.--The term ``condition class 
        2'' refers to lands on which--
                  (A) fire regimes have been moderately altered 
                from their historical fire return intervals;
                  (B) there exists a moderate risk of losing 
                key ecosystem components; and
                  (C) vegetation attributes have been 
                moderately altered from their historical range.
          (2) Condition class 3.--The term ``condition class 
        3'' refers to lands on which--
                  (A) fire regimes have been significantly 
                altered from their historical fire return 
                intervals; and
                  (B) there exists a high risk of losing key 
                ecosystem components.
          (3) Fire regime i.--The term ``fire regime I'' refers 
        to lands--
                  (A) on which historically there are low 
                severity fires with a frequency of 0-35 years; 
                and
                  (B) are located primarily in low elevation 
                forests of pine, oak, and pinyon-juniper.
          (4) Fire regime ii.--The term ``fire regime II'' 
        refers to lands--
                  (A) on which historically there are stand 
                replacement severity fires with a frequency of 
                0-35 years; and
                  (B) are located primarily in low- to mid-
                elevation forests, rangelands, grasslands, or 
                shrublands.
          (5) Fire regime iii.--The term ``fire regime III'' 
        refers to lands--
                  (A) on which historically there are mixed 
                severity fires with a frequency of 35-100 
                years; and
                  (B) are located primarily in forests of mixed 
                conifer, dry Douglas Fir, and wet Ponderosa 
                pine.
  (b) Other Definitions.--In this Act:
          (1) Administrative unit.--The term ``administrative 
        unit'', with respect to Federal lands, means a unit of 
        the National Forest System or a land management 
        district of the Bureau of Land Management.
          (2) At-risk community.--The term ``at-risk 
        community'' means a geographic area designated by the 
        Secretary concerned as any area--
                  (A) defined as an interface community on page 
                753 of volume 66 of the Federal Register, as 
                published on January 4, 2001, or consisting of 
                a collection of homes or other structures with 
                basic infrastructure and services, such as 
                utilities, collectively maintained 
                transportation routes, and emergency services;
                  (B) on which conditions are conducive to 
                large-scale fire disturbance events; and
                  (C) for which a significant risk exists of a 
                resulting spread of the fire disturbance event, 
                after ignition, which would threaten human life 
                and property.
          (3) Best value contracting.--The term ``best value 
        contracting'' means the contracting process described 
        in section 15.101 of title 48, Code of Federal 
        Regulations, which allows the inclusion of non-cost 
        factors in the contract process.
          (4) Comprehensive strategy.--The term ``Comprehensive 
        Strategy'' means the Comprehensive Strategy for a 
        Collaborative Approach for Reducing Wildland Fire Risks 
        to Communities and the Environment, dated May 2002, 
        which was developed pursuant to the conference report 
        to accompany the Department of the Interior and Related 
        Agencies Appropriations Act, 2001 (House Report 106-
        646).
          (5) Federal lands.--Except as provided in subsection 
        (c), the term ``Federal lands'' means--
                  (A) National Forest System lands; and
                  (B) public lands administered by the 
                Secretary of the Interior acting through the 
                Bureau of Land Management.
          (6) Goods for service contracting.--The term ``goods 
        for service contracting'' means the contracting process 
        described in section 347 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 
        (as contained in section 101(e) of division A of Public 
        Law 105-277; 16 U.S.C. 2104 note).
          (7) Hazardous fuels reduction project.--The term 
        ``hazardous fuels reduction project'' means a project--
                  (A) undertaken for the purpose of reducing 
                the amount of hazardous fuels resulting from 
                alteration of a natural fire regime as a result 
                of fire suppression or other activities; and
                  (B) accomplished through the use of 
                prescribed burning or mechanical treatment, or 
                a combination thereof.
          (8) Inventoried roadless area.--The term 
        ``inventoried roadless area'' means one of the areas 
        identified in the set of inventoried roadless areas 
        maps contained in the Forest Service Roadless Areas 
        Conservation, Final Environmental Impact Statement, 
        Volume 2, dated November 2000.
          (9) Local preference contracting.--The term ``local 
        preference contracting'' means the contracting process 
        described in section 333 of the Department of the 
        Interior and Related Agencies Appropriations Act, 2003 
        (division F of Public Law 108-7; 117 Stat. 277), that 
        gives preference to local businesses.
          (10) Municipal water supply system.--The term 
        ``municipal water supply'' means reservoirs, canals, 
        ditches, flumes, laterals, pipes, pipelines, or other 
        surface facilities and systems constructed or installed 
        for the impoundment, storage, transportation, or 
        distribution of drinking water for a community.
          (11) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of Agriculture (or the 
                designee of the Secretary) with respect to 
                National Forest System lands; and
                  (B) the Secretary of the Interior (or the 
                designee of the Secretary) with respect to 
                public lands administered by the Secretary 
                through the Bureau of Land Management.
  (c) Excluded Federal Lands.--This Act, including the 
expedited process described in section 5, does not apply to any 
Federal lands--
          (1) included as a component of the National 
        Wilderness Preservation System;
          (2) where logging is prohibited or restricted by Act 
        of Congress, presidential proclamation, or agency 
        determination;
          (3) included in a wilderness study area; or
          (4) included in an inventoried roadless area.

SEC. 3. HAZARDOUS FUELS REDUCTION PROJECTS AUTHORIZED.

  (a) Consistency With Implementation Plan.--The processes 
authorized or required by this Act shall be consistent with the 
implementation plan for the Comprehensive Strategy to reduce 
hazardous fuels on Federal lands.
  (b) Priority Hazardous Fuels Reduction Projects.--
          (1) Projects on certain lands.--In implementing 
        hazardous fuels reduction projects under this Act, the 
        Secretary concerned shall give priority to projects on 
        the following Federal lands and other lands:
                  (A) Lands that are located within one-half 
                mile of an at-risk community where fire regime 
                I, fire regime II, or fire regime III exists 
                and that are in condition class 2 or condition 
                class 3.
                  (B) Lands where fire regime I, fire regime 
                II, or fire regime III exists that are in 
                condition class 3, or condition class 2 if the 
                lands are intermingled with condition class 3 
                lands, and that are located in such proximity 
                to a municipal water supply system that a 
                hazardous fuels reduction project should be 
                carried out in order to reduce the risk of harm 
                to such system or the quality of a municipal 
                water supply resulting from an unusually severe 
                wildfire.
          (2) Limitation on other projects pending completion 
        of priority projects.--With respect to projects on 
        Federal lands in a State, the Secretary concerned shall 
        complete all projects on Federal lands identified in 
        paragraph (1) in that State before carrying out 
        projects in areas outside of those Federal lands in 
        that State.
  (c) Compliance With Land Management Plans.--A hazardous fuels 
reduction project planned and conducted under this Act must be 
consistent with the land and resource management plan, land use 
plan, and other agency plans and regulations applicable to the 
Federal lands covered by the project.
  (d) Project Contracting.--To conduct a hazardous fuels 
reduction project under this Act, the Secretary concerned shall 
use local preference contracting and best value contracting. 
Payments under a contract entered into to implement a project 
under this Act shall only be made on a fee-for-service basis. 
The Secretary concerned shall not use goods-for-service 
contracting to implement a project under this Act.
  (e) Old Growth and Other Limitations.--In conducting a 
hazardous fuels reduction project under this Act, the Secretary 
concerned--
          (1) shall not construct new permanent or temporary 
        roads;
          (2) shall maintain all old and large trees and the 
        structure, function, and composition of late-
        successional forest stands appropriate for each 
        ecosystem type, until the process required by section 6 
        is complete and Congress formally adopts or rejects the 
        recommendations by Act of Congress;
          (3) shall focus on thinning from below when using 
        mechanical treatment.
  (f) Acreage Limitation.--Not more than 20,000,000 acres of 
Federal land may be treated using the authorities provided by 
this Act.
  (g) Funding Priority.--Of funds expended for hazardous fuels 
reduction projects under this Act, at least 85 percent shall be 
expended on projects on lands described in subparagraphs (A) 
and (B) of subsection (b)(1). Upon forming cooperative 
agreements with the appropriate parties, the Secretary 
concerned may use these funds for treatment of non-Federal 
lands.
  (h) Monitoring.--
          (1) Monitoring required.--The Secretary concerned 
        shall establish a balanced multiparty monitoring 
        process in order for Congress to assess a 
        representative sampling of the hazardous fuels 
        reduction projects implemented under this Act.
          (2) Report required.--Not later than one year after 
        the expiration of this Act, as provided in section 9, 
        the Secretary concerned shall submit to Congress a 
        report containing, at a minimum, the following:
                  (A) An assessment of the cumulative 
                accomplishments or adverse impacts of the fuels 
                reduction projects conducted under this Act.
                  (B) A description of the ecological effects 
                of the projects conducted under this Act.
                  (C) A description of the economic viability, 
                impacts, and costs of the projects conducted 
                under this Act.

SEC. 4. COLLABORATION AND PUBLIC INPUT PROCESS.

  (a) Process Required.--
          (1) Development.--As a condition on the selection of 
        hazardous fuels reduction projects under section 3, the 
        Secretary of Agriculture and the Secretary of the 
        Interior shall jointly develop a collaborative process 
        with interested parties, consistent with the 
        implementation plan for the Comprehensive Strategy. The 
        collaborative process developed by the Secretaries may 
        be the process set forth in title II of the Secure 
        Rural Schools and Community Self-Determination Act of 
        2000 (Public Law 106-393; 16 U.S.C. 500 note).
          (2) Required maps and public meetings.--As part of 
        the process developed under subsection (a), the 
        Secretaries shall--
                  (A) produce maps, at the appropriate 
                landscape scale, designating the condition 
                class of Federal lands and other lands and 
                including a fire risk assessment based on 
                natural and human-caused factors, including 
                insect and disease mortality, associated with 
                those lands;
                  (B) make such maps readily available for 
                public inspection; and
                  (C) hold a public meeting by administrative 
                unit to discuss condition class and associated 
                fire risk factors and to identify priority 
                areas for the hazardous fuels reduction 
                projects.
  (b) Public Notice.--
          (1) Quarterly notice.--The Secretary concerned shall 
        provide quarterly notice of each hazardous fuels 
        reduction project proposed to be conducted using the 
        expedited process described in section 5. The quarterly 
        notice shall be provided in the Federal Register, in a 
        local paper of record, and on an agency website. The 
        Secretary concerned may combine this quarterly notice 
        with other quarterly notices otherwise issued regarding 
        Federal land management.
          (2) Content.--The notice required by paragraph (1) 
        shall include, at a minimum, the following information 
        regarding each hazardous fuels reduction project 
        contained in the notice:
                  (A) Specific identification that the project 
                is a hazardous fuels reduction project for 
                which the expedited process described in 
                section 5 will be used, including a clear 
                statement whether the agency intends to use a 
                categorical exclusion or to prepare an 
                environmental assessment or environmental 
                impact statement.
                  (B) A description of the project, including 
                as much information on its geographic location 
                as practicable.
                  (C) The approximate date on which scoping for 
                the project will begin.
                  (D) Information regarding how interested 
                members of the public can take part in the 
                development of the project pursuant to the 
                expedited process described in section 5.
  (c) Public Meeting.--Following publication of each quarterly 
notice under subsection (b), but before the beginning of 
scoping for the project pursuant to the expedited process 
described in section 5, the Secretary concerned shall conduct a 
public meeting at an appropriate location in each 
administrative unit of the Federal lands regarding those 
hazardous fuels reduction projects contained in the quarterly 
notice that are proposed to be conducted in that administrative 
unit. The Secretary concerned shall provide advance notice of 
the date and time of the meeting in the quarterly notice or 
using the same means described in subsection (b)(1).
  (d) Final Agency Action.--The Secretary concerned shall 
provide notice in the local paper of record and on an agency 
website of any final agency action regarding a hazardous fuels 
reduction project for which the expedited process described in 
section 5 are used.
  (e) Public Petitions for Inclusion or Exclusion of Lands.--
          (1) Right to petition.--An entity referred to in 
        paragraph (4) may submit to the Secretary concerned a 
        petition, with supporting evidence, that requests the 
        inclusion or exclusion of an area of Federal lands in 
        subsection (a) with regard to condition class.
          (2) Evaluation.--The Secretary concerned shall 
        respond to a petition under paragraph (1) by public 
        notice of a public viewing of the area in question, 
        within 90 days of receipt the petition, with the 
        petitioner and any other interested parties.
          (3) Response.--The Secretary concerned shall accept 
        or deny the petition within 180 days of its receipt, 
        based on the site evaluation under paragraph (2) and a 
        specific review of the historical conditions, forest 
        type, and present fuel loads of the Federal lands 
        covered by the petition.
          (4) Authorized petitioners.--A petition under 
        paragraph (1) may be submitted by any of the following:
                  (A) A political subdivision of a State.
                  (B) A federally formed resource advisory 
                council or provincial advisory committee.
                  (C) A resource advisory committee established 
                under section 205 of the Secure Rural Schools 
                and Community Self-Determination Act of 2000 
                (Public Law 106-393; 16 U.S.C. 500 note).

SEC. 5. EXPEDITED PLANNING AND IMPLEMENTATION PROCESS.

  (a) Scoping.--The Secretary concerned shall conduct scoping 
with respect to each hazardous fuels reduction project for 
which the expedited process established by this section are to 
be used.
  (b) Categorical Exclusions.--
          (1) Presumption near communities.--If a hazardous 
        fuels reduction project covered by section 3, for which 
        the collaborative and public input process required by 
        section 4 is used, covers Federal lands located within 
        one-half mile of an at-risk community, the project is 
        deemed to be categorically excluded from further 
        analysis under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4331 et seq.). The Secretary concerned 
        need not make any findings as to whether the project, 
        either individually or cumulatively, has a significant 
        effect on the environment. However, within one-half 
        mile of an at-risk community, the Secretary concerned 
        shall vary the treatments used to achieve heterogeneity 
        of forest conditions and to ensure forest health.
          (2) Extraordinary circumstances exception.--Paragraph 
        (1) shall not apply to Federal lands located within 
        one-half mile of an at-risk community if extraordinary 
        circumstances exist with respect to the lands.
          (3) Extraordinary circumstances.--In the case of a 
        hazardous fuels reduction project for which a 
        categorical exclusion applies under paragraph (1), if 
        extraordinary circumstances exist with respect to the 
        project, the Secretary concerned shall follow agency 
        procedures (as contained in CEQ regulation 1508.4, 
        Forest Service Handbook 1909.15, chapters 30-33, as of 
        August 22, 2002, and Bureau of Land Management Handbook 
        H-1790-1, 516 DM 2.1-2.10) related to categorical 
        exclusions and extraordinary circumstances.
          (4) Appeals.--Hazardous fuels reduction projects 
        implemented using a categorical exclusion under 
        paragraph (1) are not subject to appeal requirements 
        imposed by section 322 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1993 
        (Public Law 102-381; 16 U.S.C. 1612 note), or the 
        Department of the Interior Office of Hearings and 
        Appeals.
  (c) Environmental Assessments.--
          (1) In general.--With respect to priority lands 
        identified in section 3(b), if a categorical exclusion 
        does not apply under subsection (b) to a hazardous 
        fuels reduction project under section 3 for the lands, 
        the Secretary concerned shall determine, consistent 
        with the National Environmental Policy Act of 1969, 
        whether an environmental assessment will be sufficient 
        to meet the requirements for the project under such 
        Act.
          (2) Content.--An environmental assessment prepared 
        for a hazardous fuels reduction project under section 3 
        shall--
                  (A) be concise, if possible not more than 10-
                15 pages;
                  (B) describe sufficient information and 
                analyses for determining whether to prepare an 
                environmental impact statement or a finding of 
                no significant impact;
                  (C) state the need for the proposed action;
                  (D) describe alternative actions, as required 
                by section 102(2)(E) of the National 
                Environmental Policy Act of 1969;
                  (E) briefly describe the environmental 
                impacts of the proposed action and 
                alternatives;
                  (F) list the agencies and persons consulted, 
                as required by section 1508.9 of title 40, Code 
                of Federal Regulations, with respect to 
                National Forest System lands;
                  (G) reference supporting data, inventories 
                and other documents on which the Secretary 
                concerned relied to make the decision; and
                  (H) involve interested agencies and the 
                public in the preparation of the environmental 
                assessment.
          (3) Availability of decision document.--When the 
        decision document is complete for a hazardous fuels 
        reduction project under section 3 for which an 
        environmental assessment or categorical exclusion memo 
        is prepared, the Secretary concerned shall--
                  (A) provide notice of the decision document 
                in the Federal Register, the local paper of 
                record, and an agency website, including notice 
                stating how the documentation listed in 
                subparagraph (B) will be available; and
                  (B) make the environmental analysis document, 
                administrative record, and decision document or 
                memo for the project, pursuant to section 215.2 
                of title 36, Code of Federal Regulations, 
                readily available for public review.
          (4) Appeals.--Notwithstanding the appeal requirements 
        imposed by section 322 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1993 
        (Public Law 102-381; 16 U.S.C. 1612 note), or the 
        Department of the Interior Office of Hearings and 
        Appeals--
                  (A) persons must file any administrative 
                appeal of a project under this subsection 
                within 30 days after the date of issuance of 
                the decision document for the project;
                  (B) the Secretary concerned shall resolve any 
                appeal not later than 20 days after the closing 
                date for filing an appeal; and
                  (C) the Secretary concerned shall stay 
                implementation of the project until the end of 
                the 15-day period beginning on date on which 
                the Secretary concerned resolves any 
                administrative appeal that complies with the 
                requirements in subsection (d).
  (d) Additional Limitation on Administrative Appeals.--
Notwithstanding section 322 of the Department of the Interior 
and Related Agencies Appropriations Act, 1993 (Public Law 102-
381; 16 U.S.C. 1612 note), if a draft document prepared 
pursuant to the National Environmental Policy Act of 1969 for a 
hazardous fuels reduction project covered by section 3 was 
available for public comment, the Secretary of Agriculture may 
require that a person filing an administrative appeal with 
respect to the project must have been involved in the public 
comment process for the project by submitting written comments 
raising specific issues with regard to the project.
  (e) Statement of Compliance.--A catagorical exclusion memo or 
environmental assessment decision document prepared under this 
section shall include a short statement as to how the hazardous 
fuels reduction project complies with the requirement of 
section 3(c).

SEC. 6. DEVELOPMENT OF DEFINITIONS OF OLD AND LARGE TREES.

  (a) Use of National Academy of Sciences.--The Secretary of 
Agriculture and the Secretary of the Interior shall jointly 
enter into a contract with the National Academy of Sciences for 
the preparation of recommended definitions of old and large 
trees appropriate for each ecosystem type to be used for 
purposes of this Act.
  (b) Qualifications.--To be eligible to serve on the panel of 
the National Academy of Sciences used to prepare the 
recommended definitions of old and large trees, a member of the 
panel shall have scientific expertise in the characteristics of 
old growth and the seral stages of forest types.
  (c) Submission of Recommended Definitions.--Not later than 
one year after the date of the enactment of this Act, the 
National Academy of Sciences shall submit to the Secretary of 
Agriculture, the Secretary of the Interior, and Congress the 
recommended definitions of old and large trees appropriate for 
each ecosystem type.

SEC. 7. ONGOING PROJECTS AND EXISTING AUTHORITIES.

  Nothing in this Act shall affect a hazardous fuels reduction 
projects for which scoping has begun before the date of the 
enactment of this Act or affect authorities otherwise granted 
to the Secretary concerned under existing law.

SEC. 8. PREFERENCE TO COMMUNITIES WITH FIRE PREVENTION ORDINANCES.

   In determining the allocation of funding for the Community 
and Private Land Fire Assistance program under section 10A(b) 
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C 
2106c(b)), the Secretary of Agriculture shall prioritize 
funding to those communities that have taken proactive steps 
through the enactment of ordinances and other means to 
encourage property owners to reduce fire risk on private 
property.

SEC. 9. SUNSET.

  The provisions of this Act shall expire at the end of the 
five-year period beginning on the date of the enactment of this 
Act, except that a hazardous fuels reduction project for which 
a decision notice, or memo in the case of a categorical 
exclusion, has been issued before the end of such period may 
continue to be implemented using the provisions of this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Forest System Lands.--For the purpose of 
planning and conducting hazardous fuels reduction projects 
under this Act on National Forest System Lands, there are 
authorized to be appropriated to the Secretary of Agriculture 
$1,943,100,000 during the five-fiscal year period beginning 
October 1, 2003. Subject to section 9, amounts appropriated in 
one fiscal year and unobligated before the end of that fiscal 
year shall remain available for use in subsequent fiscal years.
  (b) BLM Lands.--For the purpose of planning and conducting 
hazardous fuels reduction projects under this Act on Federal 
lands described in section 2(b)(2)(B), there are authorized to 
be appropriated to the Secretary of the Interior $1,888,000,000 
during the five-fiscal year period beginning October 1, 2003. 
Subject to section 9, amounts appropriated in one fiscal year 
and unobligated before the end of that fiscal year shall remain 
available for use in subsequent fiscal years.
  (c) Other Lands.--For the purpose of planning and conducting 
hazardous fuels reduction projects under this Act on tribal 
lands, nonindustrial private lands, and State lands, there are 
authorized to be appropriated to the Secretary of the Interior 
$500,000,000 during the five-fiscal year period beginning 
October 1, 2003. Subject to section 9, amounts appropriated in 
one fiscal year and unobligated before the end of that fiscal 
year shall remain available for use in subsequent fiscal years.

                                
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