[House Report 108-386]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-386
======================================================================
HEALTHY FORESTS RESTORATION ACT OF 2003
_______
November 20, 2003.--Ordered to be printed
_______
Mr. Goodlatte, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 1904]
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
1904), to improve the capacity of the Secretary of Agriculture
and the Secretary of the Interior to plan and conduct hazardous
fuels reduction projects on National Forest System lands and
Bureau of Land Management lands aimed at protecting
communities, watersheds, and certain other at-risk lands from
catastrophic wildfire, to enhance efforts to protect watersheds
and address threats to forest and rangeland health, including
catastrophic wildfire, across the landscape, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy
Forests Restoration Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuel reduction projects.
Sec. 103. Prioritization.
Sec. 104. Environmental analysis.
Sec. 105. Special administrative review process.
Sec. 106. Judicial review in United States district courts.
Sec. 107. Effect of title.
Sec. 108. Authorization of appropriations.
TITLE II--BIOMASS
Sec. 201. Improved biomass use research program.
Sec. 202. Rural revitalization through forestry.
Sec. 203. Biomass commercial utilization grant program.
TITLE III--WATERSHED FORESTRY ASSISTANCE
Sec. 301. Findings and purposes.
Sec. 302. Watershed forestry assistance program.
Sec. 303. Tribal watershed forestry assistance.
TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES
Sec. 401. Findings and purpose.
Sec. 402. Definitions.
Sec. 403. Accelerated information gathering regarding forest-damaging
insects.
Sec. 404. Applied silvicultural assessments.
Sec. 405. Relation to other laws.
Sec. 406. Authorization of appropriations.
TITLE V--HEALTHY FORESTS RESERVE PROGRAM
Sec. 501. Establishment of healthy forests reserve program.
Sec. 502. Eligibility and enrollment of lands in program.
Sec. 503. Restoration plans.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Protections and measures.
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.
TITLE VI--MISCELLANEOUS
Sec. 601. Forest stands inventory and monitoring program to improve
detection of and response to environmental threats.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to reduce wildfire risk to communities,
municipal water supplies, and other at-risk Federal
land through a collaborative process of planning,
prioritizing, and implementing hazardous fuel reduction
projects;
(2) to authorize grant programs to improve the
commercial value of forest biomass (that otherwise
contributes to the risk of catastrophic fire or insect
or disease infestation) for producing electric energy,
useful heat, transportation fuel, and petroleum-based
product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds and
address threats to forest and rangeland health,
including catastrophic wildfire, across the landscape;
(4) to promote systematic gathering of information
to address the impact of insect and disease
infestations and other damaging agents on forest and
rangeland health;
(5) to improve the capacity to detect insect and
disease infestations at an early stage, particularly
with respect to hardwood forests; and
(6) to protect, restore, and enhance forest
ecosystem components--
(A) to promote the recovery of threatened
and endangered species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon
sequestration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land''
means--
(A) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C 1609(a))) administered by the
Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(B) public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C 1702)), the surface of which
is administered by the Secretary of the
Interior, acting through the Director of the
Bureau of Land Management.
(2) Indian tribe.--The term ``Indian tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
SEC. 101. DEFINITIONS.
In this title:
(1) At-risk community.--The term ``at-risk
community'' means an area--
(A) that is comprised of--
(i) an interface community as
defined in the notice entitled
``Wildland Urban Interface Communities
Within the Vicinity of Federal Lands
That Are at High Risk From Wildfire''
issued by the Secretary of Agriculture
and the Secretary of the Interior in
accordance with title IV of the
Department of the Interior and Related
Agencies Appropriations Act, 2001 (114
Stat. 1009) (66 Fed. Reg. 753, January
4, 2001); or
(ii) a group of homes and other
structures with basic infrastructure
and services (such as utilities and
collectively maintained transportation
routes) within or adjacent to Federal
land;
(B) in which conditions are conducive to a
large-scale wildland fire disturbance event;
and
(C) for which a significant threat to human
life or property exists as a result of a
wildland fire disturbance event.
(2) Authorized hazardous fuel reduction project.--
The term ``authorized hazardous fuel reduction
project'' means the measures and methods described in
the definition of ``appropriate tools'' contained in
the glossary of the Implementation Plan, on Federal
land described in section 102(a) and conducted under
sections 103 and 104.
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' means a plan for
an at-risk community that--
(A) is developed within the context of the
collaborative agreements and the guidance
established by the Wildland Fire Leadership
Council and agreed to by the applicable local
government, local fire department, and State
agency responsible for forest management, in
consultation with interested parties and the
Federal land management agencies managing land
in the vicinity of the at-risk community;
(B) identifies and prioritizes areas for
hazardous fuel reduction treatments and
recommends the types and methods of treatment
on Federal and non-Federal land that will
protect 1 or more at-risk communities and
essential infrastructure; and
(C) recommends measures to reduce
structural ignitability throughout the at-risk
community.
(4) Condition class 2.--The term ``condition class
2'', with respect to an area of Federal land, means the
condition class description developed by the Forest
Service Rocky Mountain Research Station in the general
technical report entitled ``Development of Coarse-Scale
Spatial Data for Wildland Fire and Fuel Management''
(RMRS-87), dated April 2000 (including any subsequent
revision to the report), under which--
(A) fire regimes on the land have been
moderately altered from historical ranges;
(B) there exists a moderate risk of losing
key ecosystem components from fire;
(C) fire frequencies have increased or
decreased from historical frequencies by 1 or
more return intervals, resulting in moderate
changes to--
(i) the size, frequency, intensity,
or severity of fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been
moderately altered from the historical range of
the attributes.
(5) Condition class 3.--The term ``condition class
3'', with respect to an area of Federal land, means the
condition class description developed by the Rocky
Mountain Research Station in the general technical
report referred to in paragraph (4) (including any
subsequent revision to the report), under which--
(A) fire regimes on land have been
significantly altered from historical ranges;
(B) there exists a high risk of losing key
ecosystem components from fire;
(C) fire frequencies have departed from
historical frequencies by multiple return
intervals, resulting in dramatic changes to--
(i) the size, frequency, intensity,
or severity of fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been
significantly altered from the historical range
of the attributes.
(6) Day.--The term ``day'' means--
(A) a calendar day; or
(B) if a deadline imposed by this title
would expire on a nonbusiness day, the end of
the next business day.
(7) Decision document.--The term ``decision
document'' means--
(A) a decision notice (as that term is used
in the Forest Service Handbook);
(B) a decision record (as that term is used
in the Bureau of Land Management Handbook); and
(C) a record of decision (as that term is
used in applicable regulations of the Council
on Environmental Quality).
(8) Fire regime i.--The term ``fire regime I''
means an area--
(A) in which historically there have been
low-severity fires with a frequency of 0
through 35 years; and
(B) that is located primarily in low
elevation forests of pine, oak, or pinyon
juniper.
(9) Fire regime ii.--The term ``fire regime II''
means an area--
(A) in which historically there are stand
replacement severity fires with a frequency of
0 through 35 years; and
(B) that is located primarily in low- to
mid-elevation rangeland, grassland, or
shrubland.
(10) Fire regime iii.--The term ``fire regime III''
means an area--
(A) in which historically there are mixed
severity fires with a frequency of 35 through
100 years; and
(B) that is located primarily in forests of
mixed conifer, dry Douglas fir, or wet
Ponderosa pine.
(11) Implementation plan.--The term
``Implementation Plan'' means the Implementation Plan
for the Comprehensive Strategy for a Collaborative
Approach for Reducing Wildland Fire Risks to
Communities and the Environment, dated May 2002,
developed pursuant to the conference report to
accompany the Department of the Interior and Related
Agencies Appropriations Act, 2001 (House Report 106-64)
(and subsequent revisions).
(12) Municipal water supply system.--The term
``municipal water supply system'' means the reservoirs,
canals, ditches, flumes, laterals, pipes, pipelines,
and other surface facilities and systems constructed or
installed for the collection, impoundment, storage,
transportation, or distribution of drinking water.
(13) Resource management plan.--The term ``resource
management plan'' means--
(A) a land and resource management plan
prepared for 1 or more units of land of the
National Forest System described in section
3(1)(A) under section 6 of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604); or
(B) a land use plan prepared for 1 or more
units of the public land described in section
3(1)(B) under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712).
(14) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with
respect to land of the National Forest System
described in section 3(1)(A); and
(B) the Secretary of the Interior, with
respect to public lands described in section
3(1)(B).
(15) Threatened and endangered species habitat.--
The term ``threatened and endangered species habitat''
means Federal land identified in--
(A) a determination that a species is an
endangered species or a threatened species
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(B) a designation of critical habitat of
the species under that Act; or
(C) a recovery plan prepared for the
species under that Act.
(16) Wildland-urban interface.--The term
``wildland-urban interface'' means--
(A) an area within or adjacent to an at-
risk community that is identified in
recommendations to the Secretary in a community
wildfire protection plan; or
(B) in the case of any area for which a
community wildfire protection plan is not in
effect--
(i) an area extending \1/2\ mile
from the boundary of an at-risk
community;
(ii) an area within 1\1/2\ miles of
the boundary of an at-risk community,
including any land that--
(I) has a sustained steep
slope that creates the
potential for wildfire behavior
endangering the at-risk
community;
(II) has a geographic
feature that aids in creating
an effective fire break, such
as a road or ridge top; or
(III) is in condition class
3, as documented by the
Secretary in the project-
specific environmental
analysis; and
(iii) an area that is adjacent to
an evacuation route for an at-risk
community that the Secretary
determines, in cooperation with the at-
risk community, requires hazardous fuel
reduction to provide safer evacuation
from the at-risk community.
SEC. 102. AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.
(a) Authorized Projects.--As soon as practicable after the
date of enactment of this Act, the Secretary shall implement
authorized hazardous fuel reduction projects, consistent with
the Implementation Plan, on--
(1) Federal land in wildland-urban interface areas;
(2) condition class 3 Federal land, in such
proximity to a municipal water supply system or a
stream feeding such a system within a municipal
watershed that a significant risk exists that a fire
disturbance event would have adverse effects on the
water quality of the municipal water supply or the
maintenance of the system, including a risk to water
quality posed by erosion following such a fire
disturbance event;
(3) condition class 2 Federal land located within
fire regime I, fire regime II, or fire regime III, in
such proximity to a municipal water supply system or a
stream feeding such a system within a municipal
watershed that a significant risk exists that a fire
disturbance event would have adverse effects on the
water quality of the municipal water supply or the
maintenance of the system, including a risk to water
quality posed by erosion following such a fire
disturbance event;
(4) Federal land on which windthrow or blowdown,
ice storm damage, the existence of an epidemic of
disease or insects, or the presence of such an epidemic
on immediately adjacent land and the imminent risk it
will spread, poses a significant threat to an ecosystem
component, or forest or rangeland resource, on the
Federal land or adjacent non-Federal land; and
(5) Federal land not covered by paragraphs (1)
through (4) that contains threatened and endangered
species habitat, if--
(A) natural fire regimes on that land are
identified as being important for, or wildfire
is identified as a threat to, an endangered
species, a threatened species, or habitat of an
endangered species or threatened species in a
species recovery plan prepared under section 4
of the Endangered Species Act of 1973 (16
U.S.C. 1533), or a notice published in the
Federal Register determining a species to be an
endangered species or a threatened species or
designating critical habitat;
(B) the authorized hazardous fuel reduction
project will provide enhanced protection from
catastrophic wildfire for the endangered
species, threatened species, or habitat of the
endangered species or threatened species; and
(C) the Secretary complies with any
applicable guidelines specified in any
management or recovery plan described in
subparagraph (A).
(b) Relation to Agency Plans.--An authorized hazardous fuel
reduction project shall be conducted consistent with the
resource management plan and other relevant administrative
policies or decisions applicable to the Federal land covered by
the project.
(c) Acreage Limitation.--Not more than a total of
20,000,000 acres of Federal land may be treated under
authorized hazardous fuel reduction projects.
(d) Exclusion of Certain Federal Land.--The Secretary may
not conduct an authorized hazardous fuel reduction project that
would occur on--
(1) a component of the National Wilderness
Preservation System;
(2) Federal land on which the removal of vegetation
is prohibited or restricted by Act of Congress or
Presidential proclamation (including the applicable
implementation plan); or
(3) a Wilderness Study Area.
(e) Old Growth Stands.--
(1) Definitions.--In this subsection and subsection
(f):
(A) Applicable period.--The term
``applicable period'' means--
(i) the 2-year period beginning on
the date of enactment of this Act; or
(ii) in the case of a resource
management plan that the Secretary is
in the process of revising as of the
date of enactment of this Act, the 3-
year period beginning on the date of
enactment of this Act.
(B) Covered project.--The term ``covered
project'' means an authorized hazardous fuel
reduction project carried out on land described
in paragraph (1), (2), (3), or (5) of
subsection (a).
(C) Management direction.--The term
``management direction'' means definitions,
designations, standards, guidelines, goals, or
objectives established for an old growth stand
under a resource management plan developed in
accordance with applicable law, including
section 6(g)(3)(B) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(g)(3)(B)).
(D) Old growth stand.--The term ``old
growth stand'' has the meaning given the term
under management direction used pursuant to
paragraphs (3) and (4), based on the structure
and composition characteristic of the forest
type, and in accordance with applicable law,
including section 6(g)(3)(B) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(g)(3)(B)).
(2) Project requirements.--In carrying out a
covered project, the Secretary shall fully maintain, or
contribute toward the restoration of, the structure and
composition of old growth stands according to the pre-
fire suppression old growth conditions characteristic
of the forest type, taking into account the
contribution of the stand to landscape fire adaptation
and watershed health, and retaining the large trees
contributing to old growth structure.
(3) Newer management direction.--
(A) In general.--If the management
direction for an old growth stand was
established on or after December 15, 1993, the
Secretary shall meet the requirements of
paragraph (2) in carrying out a covered project
by implementing the management direction.
(B) Amendments or revisions.--Any amendment
or revision to management direction for which
final administrative approval is granted after
the date of enactment of this Act shall be
consistent with paragraph (2) for the purpose
of carrying out covered projects.
(4) Older management direction.--
(A) In general.--If the management
direction for an old growth stand was
established before December 15, 1993, the
Secretary shall meet the requirements of
paragraph (2) in carrying out a covered project
during the applicable period by implementing
the management direction.
(B) Review required.--Subject to
subparagraph (C), during the applicable period
for management direction referred to in
subparagraph (A), the Secretary shall--
(i) review the management direction
for affected covered projects, taking
into account any relevant scientific
information made available since the
adoption of the management direction;
and
(ii) amend the management direction
for affected covered projects to be
consistent with paragraph (2), if
necessary to reflect relevant
scientific information the Secretary
did not consider in formulating the
management direction.
(C) Review not completed.--If the Secretary
does not complete the review of the management
direction in accordance with subparagraph (B)
before the end of the applicable period, the
Secretary shall not carry out any portion of
affected covered projects in stands that are
identified as old growth stands (based on
substantial supporting evidence) by any person
during scoping, within the period--
(i) beginning at the close of the
applicable period for the management
direction governing the affected
covered projects; and
(ii) ending on the earlier of--
(I) the date the Secretary
completes the action required
by subparagraph (B) for the
management direction applicable
to the affected covered
projects; or
(II) the date on which the
acreage limitation specified in
subsection (c) (as that
limitation may be adjusted by a
subsequent Act of Congress) is
reached.
(5) Limitation to covered projects.--Nothing in
this subsection requires the Secretary to revise or
otherwise amend a resource management plan to make the
project requirements of paragraph (2) apply to an
activity other than a covered project.
(f) Large Tree Retention.--
(1) In general.--Except in old growth stands where
the management direction is consistent with subsection
(e)(2), the Secretary shall carry out a covered project
in a manner that--
(A) focuses largely on small diameter
trees, thinning, strategic fuel breaks, and
prescribed fire to modify fire behavior, as
measured by the projected reduction of
uncharacteristically severe wildfire effects
for the forest type (such as adverse soil
impacts, tree mortality or other impacts); and
(B) maximizes the retention of large trees,
as appropriate for the forest type, to the
extent that the trees promote fire-resilient
stands.
(2) Wildfire risk.--Nothing in this subsection
prevents achievement of the purposes described in
section 2(1).
(g) Monitoring and Assessing Forest and Rangeland Health.--
(1) In general.--For each Forest Service
administrative region and each Bureau of Land
Management State Office, the Secretary shall--
(A) monitor the results of a representative
sample of the projects authorized under this
title for each management unit; and
(B) not later than 5 years after the date
of enactment of this Act, and each 5 years
thereafter, issue a report that includes--
(i) an evaluation of the progress
towards project goals; and
(ii) recommendations for
modifications to the projects and
management treatments.
(2) Consistency of projects with recommendations.--
An authorized hazardous fuel reduction project approved
following the issuance of a monitoring report shall, to
the maximum extent practicable, be consistent with any
applicable recommendations in the report.
(3) Similar vegetation types.--The results of a
monitoring report shall be made available for use (if
appropriate) in an authorized hazardous fuels reduction
project conducted in a similar vegetation type on land
under the jurisdiction of the Secretary.
(4) Monitoring and assessments.--Monitoring and
assessment shall include a description of the changes
in condition class, using the Fire Regime Condition
Class Guidebook or successor guidance, specifically
comparing end results to--
(A) pretreatment conditions;
(B) historical fire regimes; and
(C) any applicable watershed or landscape
goals or objectives in the resource management
plan or other relevant direction.
(5) Multiparty monitoring.--
(A) In general.--In an area where
significant interest is expressed in multiparty
monitoring, the Secretary shall establish a
multiparty monitoring, evaluation, and
accountability process in order to assess the
positive or negative ecological and social
effects of authorized hazardous fuel reduction
projects and projects conducted pursuant to
section 404.
(B) Diverse stakeholders.--The Secretary
shall include diverse stakeholders (including
interested citizens and Indian tribes) in the
process required under subparagraph (A).
(C) Funding.--Funds to carry out this
paragraph may be derived from operations funds
for projects described in subparagraph (A).
(6) Collection of monitoring data.--The Secretary
may collect monitoring data by entering into
cooperative agreements or contracts with, or providing
grants to, small or micro-businesses, cooperatives,
nonprofit organizations, Youth Conservation Corps work
crews, or related State, local, and other non-Federal
conservation corps.
(7) Tracking.--For each administrative unit, the
Secretary shall track acres burned, by the degree of
severity, by large wildfires (as defined by the
Secretary).
(8) Monitoring and maintenance of treated areas.--
The Secretary shall, to the maximum extent practicable,
develop a process for monitoring the need for
maintenance of treated areas, over time, in order to
preserve the forest health benefits achieved.
SEC. 103. PRIORITIZATION.
(a) In General.--In accordance with the Implementation
Plan, the Secretary shall develop an annual program of work for
Federal land that gives priority to authorized hazardous fuel
reduction projects that provide for the protection of at-risk
communities or watersheds or that implement community wildfire
protection plans.
(b) Collaboration.--
(1) In general.--The Secretary shall consider
recommendations under subsection (a) that are made by
at-risk communities that have developed community
wildfire protection plans.
(2) Exemption.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the planning process
and recommendations concerning community wildfire
protection plans.
(c) Administration.--
(1) In general.--Federal agency involvement in
developing a community wildfire protection plan, or a
recommendation made in a community wildfire protection
plan, shall not be considered a Federal agency action
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Compliance.--In implementing authorized
hazardous fuel reduction projects on Federal land, the
Secretary shall, in accordance with section 104, comply
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(d) Funding Allocation.--
(1) Federal land.--
(A) In general.--Subject to subparagraph
(B), the Secretary shall use not less than 50
percent of the funds allocated for authorized
hazardous fuel reduction projects in the
wildland-urban interface.
(B) Applicability and allocation.--The
funding allocation in subparagraph (A) shall
apply at the national level. The Secretary may
allocate the proportion of funds differently
than is required under subparagraph (A) within
individual management units as appropriate, in
particular to conduct authorized hazardous fuel
reduction projects on land described in section
102(a)(4).
(C) Wildland-urban interface.--In the case
of an authorized hazardous fuel reduction
project for which a decision notice is issued
during the 1-year period beginning on the date
of enactment of this Act, the Secretary shall
use existing definitions of the term
``wildland-urban interface'' rather than the
definition of that term provided under section
101.
(2) Non-federal land.--
(A) In general.--In providing financial
assistance under any provision of law for
hazardous fuel reduction projects on non-
Federal land, the Secretary shall consider
recommendations made by at-risk communities
that have developed community wildfire
protection plans.
(B) Priority.--In allocating funding under
this paragraph, the Secretary should, to the
maximum extent practicable, give priority to
communities that have adopted a community
wildfire protection plan or have taken
proactive measures to encourage willing
property owners to reduce fire risk on private
property.
SEC. 104. ENVIRONMENTAL ANALYSIS.
(a) Authorized Hazardous Fuel Reduction Projects.--Except
as otherwise provided in this title, the Secretary shall
conduct authorized hazardous fuel reduction projects in
accordance with--
(1) the National Environmental Policy Act of 1969
(42 U.S.C. 4331 et seq.); and
(2) other applicable laws.
(b) Environmental Assessment or Environmental Impact
Statement.--The Secretary shall prepare an environmental
assessment or an environmental impact statement pursuant to
section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)) for each authorized hazardous fuel
reduction project.
(c) Consideration of Alternatives.--
(1) In general.--Except as provided in subsection
(d), in the environmental assessment or environmental
impact statement prepared under subsection (b), the
Secretary shall study, develop, and describe--
(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if
the additional alternative--
(i) is proposed during scoping or
the collaborative process under
subsection (f); and
(ii) meets the purpose and need of
the project, in accordance with
regulations promulgated by the Council
on Environmental Quality.
(2) Multiple additional alternatives.--If more than
1 additional alternative is proposed under paragraph
(1)(C), the Secretary shall--
(A) select which additional alternative to
consider, which is a choice that is in the sole
discretion of the Secretary; and
(B) provide a written record describing the
reasons for the selection.
(d) Alternative Analysis Process for Projects in Wildland-
Urban Interface.--
(1) Proposed agency action and 1 action
alternative.--For an authorized hazardous fuel
reduction project that is proposed to be conducted in
the wildland-urban interface, the Secretary is not
required to study, develop, or describe more than the
proposed agency action and 1 action alternative in the
environmental assessment or environmental impact
statement prepared pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)).
(2) Proposed agency action.--Notwithstanding
paragraph (1), but subject to paragraph (3), if an
authorized hazardous fuel reduction project proposed to
be conducted in the wildland-urban interface is located
no further than 1\1/2\ miles from the boundary of an
at-risk community, the Secretary is not required to
study, develop, or describe any alternative to
theproposed agency action in the environmental assessment or
environmental impact statement prepared pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(3) Proposed agency action and community wildfire
protection plan alternative.--In the case of an
authorized hazardous fuel reduction project described
in paragraph (2), if the at-risk community has adopted
a community wildfire protection plan and the proposed
agency action does not implement the recommendations in
the plan regarding the general location and basic
method of treatments, the Secretary shall evaluate the
recommendations in the plan as an alternative to the
proposed agency action in the environmental assessment
or environmental impact statement prepared pursuant to
section 102(2) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)).
(e) Public Notice and Meeting.--
(1) Public notice.--The Secretary shall provide
notice of each authorized hazardous fuel reduction
project in accordance with applicable regulations and
administrative guidelines.
(2) Public meeting.--During the preparation stage
of each authorized hazardous fuel reduction project,
the Secretary shall--
(A) conduct a public meeting at an
appropriate location proximate to the
administrative unit of the Federal land on
which the authorized hazardous fuel reduction
project will be conducted; and
(B) provide advance notice of the location,
date, and time of the meeting.
(f) Public Collaboration.--In order to encourage meaningful
public participation during preparation of authorized hazardous
fuel reduction projects, the Secretary shall facilitate
collaboration among State and local governments and Indian
tribes, and participation of interested persons, during the
preparation of each authorized fuel reduction project in a
manner consistent with the Implementation Plan.
(g) Environmental Analysis and Public Comment.--In
accordance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable
regulations and administrative guidelines, the Secretary shall
provide an opportunity for public comment during the
preparation of any environmental assessment or environmental
impact statement for an authorized hazardous fuel reduction
project.
(h) Decision Document.--The Secretary shall sign a decision
document for authorized hazardous fuel reduction projects and
provide notice of the final agency actions.
SEC. 105. SPECIAL ADMINISTRATIVE REVIEW PROCESS.
(a) Interim Final Regulations.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Agriculture shall promulgate interim final regulations
to establish a predecisional administrative review
process for the period described in paragraph (2) that
will serve as the sole means by which a person can seek
administrative review regarding an authorized hazardous
fuel reduction project on Forest Service land.
(2) Period.--The predecisional administrative
review process required under paragraph (1) shall occur
during the period--
(A) beginning after the completion of the
environmental assessment or environmental
impact statement; and
(B) ending not later than the date of the
issuance of the final decision approving the
project.
(3) Eligibility.--To be eligible to participate in
the administrative review process for an authorized
hazardous fuel reduction project under paragraph (1), a
person shall submit to the Secretary, during scoping or
the public comment period for the draft environmental
analysis for the project, specific written comments
that relate to the proposed action.
(4) Effective date.--The interim final regulations
promulgated under paragraph (1) shall take effect on
the date of promulgation of the regulations.
(b) Final Regulations.--The Secretary shall promulgate
final regulations to establish the process described in
subsection (a)(1) after the interim final regulations have been
published and reasonable time has been provided for public
comment.
(c) Administrative Review.--
(1) In general.--A person may bring a civil action
challenging an authorized hazardous fuel reduction
project in a Federal district court only if the person
has challenged the authorized hazardous fuel reduction
project by exhausting--
(A) the administrative review process
established by the Secretary of Agriculture
under this section; or
(B) the administrative hearings and appeals
procedures established by the Department of the
Interior.
(2) Issues.--An issue may be considered in the
judicial review of an action under section 106 only if
the issue was raised in an administrative review
process described in paragraph (1).
(3) Exception.--
(A) In general.--An exception to the
requirement of exhausting the administrative
review process before seeking judicial review
shall be available if a Federal court finds
that the futility or inadequacy exception
applies to a specific plaintiff or claim.
(B) Information.--If an agency fails or is
unable to make information timely available
during the administrative review process, a
court should evaluate whether the
administrative review process was inadequate
for claims or issues to which the information
is material.
SEC. 106. JUDICIAL REVIEW IN UNITED STATES DISTRICT COURTS.
(a) Venue.--Notwithstanding section 1391 of title 28,
United States Code, or other applicable law, an authorized
hazardous fuels reduction project conducted under this title
shall be subject to judicial review only in the United States
district court for a district in which the Federal land to be
treated under the authorized hazardous fuels reduction project
is located.
(b) Expeditious Completion of Judicial Review.--In the
judicial review of an action challenging an authorized
hazardous fuel reduction project under subsection (a), Congress
encourages a court of competent jurisdiction to expedite, to
the maximum extent practicable, the proceedings in the action
with the goal of rendering a final determination on
jurisdiction, and (if jurisdiction exists) a final
determination on the merits, as soon as practicable after the
date on which a complaint or appeal is filed to initiate the
action.
(c) Injunctions.--
(1) In general.--Subject to paragraph (2), the
length of any preliminary injunctive relief and stays
pending appeal covering an authorized hazardous fuel
reduction project carried out under this title shall
not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent
jurisdiction may issue 1 or more renewals of
any preliminary injunction, or stay pending
appeal, granted under paragraph (1).
(B) Updates.--In each renewal of an
injunction in an action, the parties to the
action shall present the court with updated
information on the status of the authorized
hazardous fuel reduction project.
(3) Balancing of short- and long-term effects.--As
part of its weighing the equities while considering any
request for an injunction that applies to an agency
action under an authorized hazardous fuel reduction
project, the court reviewing the project shall balance
the impact to the ecosystem likely affected by the
project of--
(A) the short- and long-term effects of
undertaking the agency action; against
(B) the short- and long-term effects of not
undertaking the agency action.
SEC. 107. EFFECT OF TITLE.
(a) Other Authority.--Nothing in this title affects, or
otherwise biases, the use by the Secretary of other statutory
or administrative authority (including categorical exclusions
adopted to implement the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel
reduction project on Federal land (including Federal land
identified in section 102(d)) that is not conducted using the
process authorized by section 104.
(b) National Forest System.--For projects and activities of
the National Forest System other than authorized hazardous fuel
reduction projects, nothing in this title affects, or otherwise
biases, the notice, comment, and appeal procedures for projects
and activities of the National Forest System contained in part
215 of title 36, Code of Federal Regulations, or the
consideration or disposition of any legal action brought with
respect to the procedures.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $760,000,000 for
each fiscal year to carry out--
(1) activities authorized by this title; and
(2) other hazardous fuel reduction activities of
the Secretary, including making grants to States, local
governments, Indian tribes, and other eligible
recipients for activities authorized by law.
TITLE II--BIOMASS
SEC. 201. IMPROVED BIOMASS USE RESEARCH PROGRAM.
(a) Uses of Grants, Contracts, and Assistance.--Section
307(d) of the Biomass Research and Development Act of 2000 (7
U.S.C. 7624 note; Public Law 106-224) is amended--
(1) in paragraph (3), by striking ``or'' at the
end;
(2) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(5) research to integrate silviculture,
harvesting, product development, processing
information, and economic evaluation to provide the
science, technology, and tools to forest managers and
community developers for use in evaluating forest
treatment and production alternatives, including--
``(A) to develop tools that would enable
land managers, locally or in a several-State
region, to estimate--
``(i) the cost to deliver varying
quantities of wood to a particular
location; and
``(ii) the amount that could be
paid for stumpage if delivered wood was
used for a specific mix of products;
``(B) to conduct research focused on
developing appropriate thinning systems and
equipment designs that are--
``(i) capable of being used on land
without significant adverse effects on
the land;
``(ii) capable of handling large
and varied landscapes;
``(iii) adaptable to handling a
wide variety of tree sizes;
``(iv) inexpensive; and
``(v) adaptable to various
terrains; and
``(C) to develop, test, and employ in the
training of forestry managers and community
developers curricula materials and training
programs on matters described in subparagraphs
(A) and (B).''.
(b) Funding.--Section 310(b) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-
224) is amended by striking ``$49,000,000'' and inserting
``$54,000,000''.
SEC. 202. RURAL REVITALIZATION THROUGH FORESTRY.
Section 2371 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601) is amended by adding at the
end the following:
``(d) Rural Revitalization Technologies.--
``(1) In general.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, in
consultation with the State and Private Forestry
Technology Marketing Unit at the Forest Products
Laboratory, and in collaboration with eligible
institutions, may carry out a program--
``(A) to accelerate adoption of
technologies using biomass and small-diameter
materials;
``(B) to create community-based enterprises
through marketing activities and demonstration
projects; and
``(C) to establish small-scale business
enterprises to make use of biomass and small-
diameter materials.
``(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 for each of fiscal years 2004
through 2008.''.
SEC. 203. BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
(a) In General.--In addition to any other authority of the
Secretary of Agriculture to make grants to a person that owns
or operates a facility that uses biomass as a raw material to
produce electric energy, sensible heat, transportation fuel, or
substitutes for petroleum-based products, the Secretary may
make grants to a person that owns or operates a facility that
uses biomass for wood-based products or other commercial
purposes to offset the costs incurred to purchase biomass.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2004 through 2008.
TITLE III--WATERSHED FORESTRY ASSISTANCE
SEC. 301. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there has been a dramatic shift in public
attitudes and perceptions about forest management,
particularly in the understanding and practice of
sustainable forest management;
(2) it is commonly recognized that the proper
stewardship of forest land is essential to sustaining
and restoring the health of watersheds;
(3) forests can provide essential ecological
services in filtering pollutants, buffering important
rivers and estuaries, and minimizing flooding, which
makes forest restoration worthy of special focus; and
(4) strengthened education, technical assistance,
and financial assistance for nonindustrial private
forest landowners and communities, relating to the
protection of watershed health, is needed to realize
the expectations of the general public.
(b) Purposes.--The purposes of this title are--
(1) to improve landowner and public understanding
of the connection between forest management and
watershed health;
(2) to encourage landowners to maintain tree cover
on property and to use tree plantings and vegetative
treatments as creative solutions to watershed problems
associated with varying land uses;
(3) to enhance and complement forest management and
buffer use for watersheds, with an emphasis on
community watersheds;
(4) to establish new partnerships and collaborative
watershed approaches to forest management, stewardship,
and conservation;
(5) to provide technical and financial assistance
to States to deliver a coordinated program that
enhances State forestry best-management practices
programs, and conserves and improves forested land and
potentially forested land, through technical,
financial, and educational assistance to qualifying
individuals and entities; and
(6) to maximize the proper management and
conservation of wetland forests and to assist in the
restoration of those forests.
SEC. 302. WATERSHED FORESTRY ASSISTANCE PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is amended
by inserting after section 5 (16 U.S.C. 2103a) the following:
``SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM.
``(a) Definition of Nonindustrial Private Forest Land.--In
this section, the term `nonindustrial private forest land'
means rural land, as determined by the Secretary, that--
``(1) has existing tree cover or that is suitable
for growing trees; and
``(2) is owned by any nonindustrial private
individual, group, association, corporation, or other
private legal entity, that has definitive
decisionmaking authority over the land.
``(b) General Authority and Purpose.--The Secretary, acting
through the Chief of the Forest Service and (where appropriate)
through the Cooperative State Research, Education, and
Extension Service, may provide technical, financial, and
related assistance to State foresters, equivalent State
officials, or Cooperative Extension officials at land grant
colleges and universities and 1890 institutions for the purpose
of expanding State forest stewardship capacities and activities
through State forestry best-management practices and other
means at the State level to address watershed issues on non-
Federal forested land and potentially forested land.
``(c) Technical Assistance To Protect Water Quality.--
``(1) In general.--The Secretary, in cooperation
with State foresters or equivalent State officials,
shall engage interested members of the public,
including nonprofit organizations and local watershed
councils, to develop a program of technical assistance
to protect water quality described in paragraph (2).
``(2) Purpose of program.--The program under this
subsection shall be designed--
``(A) to build and strengthen watershed
partnerships that focus on forested landscapes
at the State, regional, and local levels;
``(B) to provide State forestry best-
management practices and water quality
technical assistance directly to owners of
nonindustrial private forest land;
``(C) to provide technical guidance to land
managers and policymakers for water quality
protection through forest management;
``(D) to complement State and local efforts
to protect water quality and provide enhanced
opportunities for consultation and cooperation
among Federal and State agencies charged with
responsibility for water and watershed
management; and
``(E) to provide enhanced forest resource
data and support for improved implementation
and monitoring of State forestry best-
management practices.
``(3) Implementation.--In the case of a
participating State, the program of technical
assistance shall be implemented by State foresters or
equivalent State officials.
``(d) Watershed Forestry Cost-Share Program.--
``(1) In general.--The Secretary shall establish a
watershed forestry cost-share program--
``(A) which shall be--
``(i) administered by the Forest
Service; and
``(ii) implemented by State
foresters or equivalent State officials
in participating States; and
``(B) under which funds or other support
provided to participating States shall be made
available for State forestry best-management
practices programs and watershed forestry
projects.
``(2) Watershed forestry projects.--The State
forester, an equivalent State official of a
participating State, or a Cooperative Extension
official at a land grant college or university or 1890
institution, in coordination with the State Forest
Stewardship Coordinating Committee established under
section 19(b) (or an equivalent committee) for that
State, shall make awards to communities, nonprofit
groups, and owners of nonindustrial private forest land
under the program for watershed forestry projects
described in paragraph (3).
``(3) Project elements and objectives.--A watershed
forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration
needs within a State by demonstrating the value of
trees and forests to watershed health and condition
through--
``(A) the use of trees as solutions to
water quality problems in urban and rural
areas;
``(B) community-based planning,
involvement, and action through State, local,
and nonprofit partnerships;
``(C) application of and dissemination of
monitoring information on forestry best-
management practices relating to watershed
forestry;
``(D) watershed-scale forest management
activities and conservation planning; and
``(E)(i) the restoration of wetland (as
defined by the States) and stream-side forests;
and
``(ii) the establishment of riparian
vegetative buffers.
``(4) Cost-sharing.--
``(A) Federal share.--
``(i) Funds under this
subsection.--Funds provided under this
subsection for a watershed forestry
project may not exceed 75 percent of
the cost of the project.
``(ii) Other federal funds.--The
percentage of the cost of a project
described in clause (i) that is not
covered by funds made available under
this subsection may be paid using other
Federal funding sources, except that
the total Federal share of the costs of
the project may not exceed 90 percent.
``(B) Form.--The non-Federal share of the
costs of a project may be provided in the form
of cash, services, or other in-kind
contributions.
``(5) Prioritization.--The State Forest Stewardship
Coordinating Committee for a State, or equivalent State
committee, shall prioritize watersheds in that State to
target watershed forestry projects funded under this
subsection.
``(6) Watershed forester.--Financial and technical
assistance shall be made available to the State
Forester or equivalent State official to create a State
watershed or best-management practice forester position
to--
``(A) lead statewide programs; and
``(B) coordinate watershed-level projects.
``(e) Distribution.--
``(1) In general.--Of the funds made available for
a fiscal year under subsection (g), the Secretary shall
use--
``(A) at least 75 percent of the funds to
carry out the cost-share program under
subsection (d); and
``(B) the remainder of the funds to deliver
technical assistance, education, and planning,
at the local level, through the State Forester
or equivalent State official.
``(2) Special considerations.--Distribution of
funds by the Secretary among States under paragraph (1)
shall be made only after giving appropriate
consideration to--
``(A) the acres of agricultural land,
nonindustrial private forest land, and highly
erodible land in each State;
``(B) the miles of riparian buffer needed;
``(C) the miles of impaired stream segments
and other impaired water bodies where forestry
practices can be used to restore or protect
water resources;
``(D) the number of owners of nonindustrial
private forest land in each State; and
``(E) water quality cost savings that can
be achieved through forest watershed
management.
``(f) Willing Owners.--
``(1) In general.--Participation of an owner of
nonindustrial private forest land in the watershed
forestry assistance program under this section is
voluntary.
``(2) Written consent.--The watershed forestry
assistance program shall not be carried out on
nonindustrial private forest land without the written
consent of the owner of, or entity having definitive
decisionmaking over, the nonindustrial private forest
land.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2004 through 2008.''.
SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to
in this section as the ``Secretary''), 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 watershedissues on land under the
jurisdiction of or administered by the Indian tribes.
(b) Technical Assistance To Protect Water Quality.--
(1) In general.--The Secretary, in cooperation with
Indian tribes, shall develop a program to provide
technical assistance to protect water quality, as
described in paragraph (2).
(2) Purpose of program.--The program under this
subsection shall be designed--
(A) to build and strengthen watershed
partnerships that focus on forested landscapes
at the State, regional, tribal, and local
levels;
(B) to provide tribal forestry best-
management practices and water quality
technical assistance directly to Indian tribes;
(C) to provide technical guidance to tribal
land managers and policy makers for water
quality protection through forest management;
(D) to complement tribal efforts to protect
water quality and provide enhanced
opportunities for consultation and cooperation
among Federal agencies and tribal entities
charged with responsibility for water and
watershed management; and
(E) to provide enhanced forest resource
data and support for improved implementation
and monitoring of tribal forestry best-
management practices.
(c) Watershed Forestry Program.--
(1) In general.--The Secretary shall establish a
watershed forestry program in cooperation with Indian
tribes.
(2) Programs and projects.--Funds or other support
provided under the program shall be made available for
tribal forestry best-management practices programs and
watershed forestry projects.
(3) Annual awards.--The Secretary shall annually
make awards to Indian tribes to carry out this
subsection.
(4) Project elements and objectives.--A watershed
forestry project shall accomplish critical forest
stewardship, watershed protection, and restoration
needs within land under the jurisdiction of or
administered by an Indian tribe by demonstrating the
value of trees and forests to watershed health and
condition through--
(A) the use of trees as solutions to water
quality problems;
(B) application of and dissemination of
monitoring information on forestry best-
management practices relating to watershed
forestry;
(C) watershed-scale forest management
activities and conservation planning;
(D) the restoration of wetland and stream-
side forests and the establishment of riparian
vegetative buffers; and
(E) tribal-based planning, involvement, and
action through State, tribal, local, and
nonprofit partnerships.
(5) Prioritization.--An Indian tribe that
participates in the program under this subsection shall
prioritize watersheds in land under the jurisdiction of
or administered by the Indian tribe to target watershed
forestry projects funded under this subsection.
(6) Watershed forester.--The Secretary may provide
to Indian tribes under this section financial and
technical assistance to establish a position of tribal
forester to lead tribal programs and coordinate small
watershed-level projects.
(d) Distribution.--The Secretary shall devote--
(1) at least 75 percent of the funds made available
for a fiscal year under subsection (e) to the program
under subsection (c); and
(2) the remainder of the funds to deliver technical
assistance, education, and planning in the field to
Indian tribes.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000 for
each of fiscal years 2004 through 2008.
TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES
SEC. 401. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) high levels of tree mortality resulting from
insect infestation (including the interaction between
insects and diseases) may result in--
(A) increased fire risk;
(B) loss of old trees and old growth;
(C) loss of threatened and endangered
species;
(D) loss of species diversity;
(E) degraded watershed conditions;
(F) increased potential for damage from
other agents of disturbance, including exotic,
invasive species; and
(G) decreased timber values;
(2)(A) forest-damaging insects destroy hundreds of
thousands of acres of trees each year;
(B) in the West, more than 21,000,000 acres are at
high risk of forest-damaging insect infestation, and in
the South, more than 57,000,000 acres are at risk
across all land ownerships; and
(C) severe drought conditions in many areas of the
South and West will increase the risk of forest-
damaging insect infestations;
(3) the hemlock woolly adelgid is--
(A) destroying streamside forests
throughout the mid-Atlantic and Appalachian
regions;
(B) threatening water quality and sensitive
aquatic species; and
(C) posing a potential threat to valuable
commercial timber land in northern New England;
(4)(A) the emerald ash borer is a nonnative,
invasive pest that has quickly become a major threat to
hardwood forests because an emerald ash borer
infestation is almost always fatal to affected trees;
and
(B) the emerald ash borer pest threatens to destroy
more than 692,000,000 ash trees in forests in Michigan
and Ohio alone, and between 5 and 10 percent of urban
street trees in the Upper Midwest;
(5)(A) epidemic populations of Southern pine
beetles are ravaging forests in Alabama, Arkansas,
Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee, and Virginia; and
(B) in 2001, Florida and Kentucky experienced 146
percent and 111 percent increases, respectively, in
Southern pine beetle populations;
(6) those epidemic outbreaks of Southern pine
beetles have forced private landowners to harvest dead
and dying trees, in rural areas and increasingly
urbanized settings;
(7) according to the Forest Service, recent
outbreaks of the red oak borer in Arkansas and Missouri
have been unprecedented, with more than 1,000,000 acres
infested at population levels never seen before;
(8) much of the damage from the red oak borer has
taken place in national forests, and the Federal
response has been inadequate to protect forest
ecosystems and other ecological and economic resources;
(9)(A) previous silvicultural assessments, while
useful and informative, have been limited in scale and
scope of application; and
(B) there have not been sufficient resources
available to adequately test a full array of individual
and combined applied silvicultural assessments;
(10) only through the full funding, development,
and assessment of potential applied silvicultural
assessments over specific time frames across an array
of environmental and climatic conditions can the most
innovative and cost effective management applications
be determined that will help reduce the susceptibility
of forest ecosystems to attack by forest pests;
(11)(A) often, there are significant interactions
between insects and diseases;
(B) many diseases (such as white pine blister rust,
beech bark disease, and many other diseases) can weaken
trees and forest stands and predispose trees and forest
stands to insect attack; and
(C) certain diseases are spread using insects as
vectors (including Dutch elm disease and pine pitch
canker); and
(12) funding and implementation of an initiative to
combat forest pest infestations and associated diseases
should not come at the expense of supporting other
programs and initiatives of the Secretary.
(b) Purposes.--The purposes of this title are--
(1) to require the Secretary to develop an
accelerated basic and applied assessment program to
combat infestations by forest-damaging insects and
associated diseases;
(2) to enlist the assistance of colleges and
universities (including forestry schools, land grant
colleges and universities, and 1890 Institutions),
State agencies, and private landowners to carry out the
program; and
(3) to carry out applied silvicultural assessments.
SEC. 402. DEFINITIONS.
In this title:
(1) Applied silvicultural assessment.--
(A) In general.--The term ``applied
silvicultural assessment'' means any vegetative
or other treatment carried out for information
gathering and research purposes.
(B) Inclusions.--The term ``applied
silvicultural assessment'' includes timber
harvesting, thinning, prescribed burning,
pruning, and any combination of those
activities.
(2) 1890 institution.--
(A) In general.--The term ``1890
Institution'' means a college or university
that is eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321 et seq.).
(B) Inclusion.--The term ``1890
Institution'' includes Tuskegee University.
(3) Forest-damaging insect.--The term ``forest-
damaging insect'' means--
(A) a Southern pine beetle;
(B) a mountain pine beetle;
(C) a spruce bark beetle;
(D) a gypsy moth;
(E) a hemlock woolly adelgid;
(F) an emerald ash borer;
(G) a red oak borer;
(H) a white oak borer; and
(I) such other insects as may be identified
by the Secretary.
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, acting
through the Forest Service, with respect to
National Forest System land; and
(B) the Secretary of the Interior, acting
through appropriate offices of the United
States Geological Survey, with respect to
federally owned land administered by the
Secretary of the Interior.
SEC. 403. ACCELERATED INFORMATION GATHERING REGARDING FOREST-DAMAGING
INSECTS.
(a) Information Gathering.--The Secretary, acting through
the Forest Service and United States Geological Survey, as
appropriate, shall establish an accelerated program--
(1) to plan, conduct, and promote comprehensive and
systematic information gathering on forest-damaging
insects and associated diseases, including an
evaluation of--
(A) infestation prevention and suppression
methods;
(B) effects of infestations and associated
disease interactions on forest ecosystems;
(C) restoration of forest ecosystem
efforts;
(D) utilization options regarding infested
trees; and
(E) models to predict the occurrence,
distribution, and impact of outbreaks of
forest-damaging insects and associated
diseases;
(2) to assist land managers in the development of
treatments and strategies to improve forest health and
reduce the susceptibility of forest ecosystems to
severe infestations of forest-damaging insects and
associated diseases on Federal land and State and
private land; and
(3) to disseminate the results of the information
gathering, treatments, and strategies.
(b) Cooperation and Assistance.--The Secretary shall--
(1) establish and carry out the program in
cooperation with--
(A) scientists from colleges and
universities (including forestry schools, land
grant colleges and universities, and 1890
Institutions);
(B) Federal, State, and local agencies; and
(C) private and industrial landowners; and
(2) designate such colleges and universities to
assist in carrying out the program.
SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS.
(a) Assessment Efforts.--For information gathering and
research purposes, the Secretary may conduct applied
silvicultural assessments on Federal land that the Secretary
determines is at risk of infestation by, or is infested with,
forest-damaging insects.
(b) Limitations.--
(1) Exclusion of certain areas.--Subsection (a)
does not apply to--
(A) a component of the National Wilderness
Preservation System;
(B) any Federal land on which, by Act of
Congress or Presidential proclamation, the
removal of vegetation is restricted or
prohibited;
(C) a congressionally-designated wilderness
study area; or
(D) an area in which activities under
subsection (a) would be inconsistent with the
applicable land and resource management plan.
(2) Certain treatment prohibited.--Nothing in
subsection (a) authorizes the application of
insecticides in municipal watersheds or associated
riparian areas.
(3) Peer review.--
(A) In general.--Before being carried out,
each applied silvicultural assessment under
this title shall be peer reviewed by scientific
experts selected by the Secretary, which shall
include non-Federal experts.
(B) Existing peer review processes.--The
Secretary may use existing peer review
processes to the extent the processes comply
with subparagraph (A).
(c) Public Notice and Comment.--
(1) Public notice.--The Secretary shall provide
notice of each applied silvicultural assessment
proposed to be carried out under this section.
(2) Public comment.--The Secretary shall provide an
opportunity for public comment before carrying out an
applied silviculture assessment under this section.
(d) Categorical Exclusion.--
(1) In general.--Applied silvicultural assessment
and research treatments carried out under this section
on not more than 1,000 acres for an assessment or
treatment may be categorically excluded from
documentation in an environmental impact statement and
environmental assessment under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Administration.--Applied silvicultural
assessments and research treatments categorically
excluded under paragraph (1)--
(A) shall not be carried out in an area
that is adjacent to another area that is
categorically excluded under paragraph (1) that
is being treated with similar methods; and
(B) shall be subject to the extraordinary
circumstances procedures established by the
Secretary pursuant to section 1508.4 of title
40, Code of Federal Regulations.
(3) Maximum categorical exclusion.--The total
number of acres categorically excluded under paragraph
(1) shall not exceed 250,000 acres.
(4) No additional findings required.--In accordance
with paragraph (1), the Secretary shall not be required
to make any findings as to whether an applied
silvicultural assessment project, either individually
or cumulatively, has a significant effect on the
environment.
SEC. 405. RELATION TO OTHER LAWS.
The authority provided to each Secretary under this title
is supplemental to, and not in lieu of, any authority provided
to the Secretaries under any other law.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title for each of fiscal years 2004
through 2008.
TITLE V--HEALTHY FORESTS RESERVE PROGRAM
SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.
(a) Establishment.--The Secretary of Agriculture shall
establish the healthy forests reserve program for the purpose
of restoring and enhancing forest ecosystems--
(1) to promote the recovery of threatened and
endangered species;
(2) to improve biodiversity; and
(3) to enhance carbon sequestration.
(b) Coordination.--The Secretary of Agriculture shall carry
out the healthy forests reserve program in coordination with
the Secretary of the Interior and the Secretary of Commerce.
SEC. 502. ELIGIBILITY AND ENROLLMENT OF LANDS IN PROGRAM.
(a) In General.--The Secretary of Agriculture, in
coordination with the Secretary of the Interior and the
Secretary of Commerce, shall describe and define forest
ecosystems that are eligible for enrollment in the healthy
forests reserve program.
(b) Eligibility.--To be eligible for enrollment in the
healthy forests reserve program, land shall be--
(1) private land the enrollment of which will
restore, enhance, or otherwise measurably increase the
likelihood of recovery of a species listed as
endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); and
(2) private land the enrollment of which will
restore, enhance, or otherwise measurably improve the
well-being of species that--
(A) are not listed as endangered or
threatened under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533); but
(B) are candidates for such listing, State-
listed species, or special concern species.
(c) Other Considerations.--In enrolling land that satisfies
the criteria under subsection (b), the Secretary of Agriculture
shall give additional consideration to land the enrollment of
which will--
(1) improve biological diversity; and
(2) increase carbon sequestration.
(d) Enrollment by Willing Owners.--The Secretary of
Agriculture shall enroll land in the healthy forests reserve
program only with the consent of the owner of the land.
(e) Maximum Enrollment.--The total number of acres enrolled
in the healthy forests reserve program shall not exceed
2,000,000 acres.
(f) Methods of Enrollment.--
(1) In general.--Land may be enrolled in the
healthy forests reserve program in accordance with--
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C) an easement of not more than 99 years.
(2) Proportion.--The extent to which each
enrollment method is used shall be based on the
approximate proportion of owner interest expressed in
that method in comparison to the other methods.
(g) Enrollment Priority.--
(1) Species.--The Secretary of Agriculture shall
give priority to the enrollment of land that provides
the greatest conservation benefit to--
(A) primarily, species listed as endangered
or threatened under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533); and
(B) secondarily, species that--
(i) are not listed as endangered or
threatened under section 4 of the
Endangered Species Act of 1973 (16
U.S.C. 1533); but
(ii) are candidates for such
listing, State-listed species, or
special concern species.
(2) Cost-effectiveness.--The Secretary of
Agriculture shall also consider the cost-effectiveness
of each agreement or easement, and associated
restoration plans, so as to maximize the environmental
benefits per dollar expended.
SEC. 503. RESTORATION PLANS.
(a) In General.--Land enrolled in the healthy forests
reserve program shall be subject to a restoration plan, to be
developed jointly by the landowner and the Secretary of
Agriculture, in coordination with the Secretary of Interior.
(b) Practices.--The restoration plan shall require such
restoration practices as are necessary to restore and enhance
habitat for--
(1) species listed as endangered or threatened
under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533); and
(2) animal or plant species before the species
reach threatened or endangered status, such as
candidate, State-listed species, and special concern
species.
SEC. 504. FINANCIAL ASSISTANCE.
(a) Easements of Not More Than 99 Years.--In the case of
land enrolled in the healthy forests reserve program using an
easement of not more than 99 years described in section
502(f)(1)(C), the Secretary of Agriculture shall pay the owner
of the land an amount equal to not less than 75 percent, nor
more than 100 percent, of (as determined by the Secretary)--
(1) the fair market value of the enrolled land
during the period the land is subject to the easement,
less the fair market value of the land encumbered by
the easement; and
(2) the actual costs of the approved conservation
practices or the average cost of approved practices
carried out on the land during the period in which the
land is subject to the easement.
(b) 30-Year Easement.-- In the case of land enrolled in the
healthy forests reserve program using a 30-year easement, the
Secretary of Agriculture shall pay the owner of the land an
amount equal to not more than (as determined by the
Secretary)--
(1) 75 percent of the fair market value of the
land, less the fair market value of the land encumbered
by the easement; and
(2) 75 percent of the actual costs of the approved
conservation practices or 75 percent of the average
cost of approved practices.
(c) 10-Year Agreement.--In the case of land enrolled in the
healthy forests reserve program using a 10-year cost-share
agreement, the Secretary of Agriculture shall pay the owner of
the land an amount equal to not more than (as determined by the
Secretary)--
(1) 50 percent of the actual costs of the approved
conservation practices; or
(2) 50 percent of the average cost of approved
practices.
(d) Acceptance of Contributions.--The Secretary of
Agriculture may accept and use contributions of non-Federal
funds to make payments under this section.
SEC. 505. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary of Agriculture shall provide
landowners with technical assistance to assist the owners in
complying with the terms of plans (as included in agreements or
easements) under the healthy forests reserve program.
(b) Technical Service Providers.--The Secretary of
Agriculture may request the services of, and enter into
cooperative agreements with, individuals or entities certified
as technical service providers under section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842), to assist the Secretary
in providing technical assistance necessary to develop and
implement the healthy forests reserve program.
SEC. 506. PROTECTIONS AND MEASURES
(a) Protections.--In the case of a landowner that enrolls
land in the program and whose conservation activities result in
a net conservation benefit for listed, candidate, or other
species, the Secretary of Agriculture shall make available to
the landowner safe harbor or similar assurances and protection
under--
(1) section 7(b)(4) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(b)(4)); or
(2) section 10(a)(1) of that Act (16 U.S.C.
1539(a)(1)).
(b) Measures.--If protection under subsection (a) requires
the taking of measures that are in addition to the measures
covered by the applicable restoration plan agreed to under
section 503, the cost of the additional measures, as well as
the cost of any permit, shall be considered part of the
restoration plan for purposes of financial assistance under
section 504.
SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.
In carrying out this title, the Secretary of Agriculture
may consult with--
(1) nonindustrial private forest landowners;
(2) other Federal agencies;
(3) State fish and wildlife agencies;
(4) State forestry agencies;
(5) State environmental quality agencies;
(6) other State conservation agencies; and
(7) nonprofit conservation organizations.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title--
(1) $25,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each of fiscal
years 2005 through 2008.
TITLE VI--MISCELLANEOUS
SEC. 601. FOREST STANDS INVENTORY AND MONITORING PROGRAM TO IMPROVE
DETECTION OF AND RESPONSE TO ENVIRONMENTAL THREATS.
(a) In General.--The Secretary of Agriculture shall carry
out a comprehensive program to inventory, monitor,
characterize, assess, and identify forest stands (with emphasis
on hardwood forest stands) and potential forest stands--
(1) in units of the National Forest System (other
than those units created from the public domain); and
(2) on private forest land, with the consent of the
owner of the land.
(b) Issues To Be Addressed.--In carrying out the program,
the Secretary shall address issues including--
(1) early detection, identification, and assessment
of environmental threats (including insect, disease,
invasive species, fire, and weather-related risks and
other episodic events);
(2) loss or degradation of forests;
(3) degradation of the quality forest stands caused
by inadequate forest regeneration practices;
(4) quantification of carbon uptake rates; and
(5) management practices that focus on preventing
further forest degradation.
(c) Early Warning System.--In carrying out the program, the
Secretary shall develop a comprehensive early warning system
for potential catastrophic environmental threats to forests to
increase the likelihood that forest managers will be able to--
(1) isolate and treat a threat before the threat
gets out of control; and
(2) prevent epidemics, such as the American
chestnut blight in the first half of the twentieth
century, that could be environmentally and economically
devastating to forests.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2004 through 2008.
That the House recede from its disagreement to the
amendment of the Senate to the title of the bill, and agree to
the same.
And the Senate agree to the same.
From the Committee on Agriculture, for
consideration of the House bill and the Senate
amendments, and modifications committee to
conference:
Bob Goodlatte,
John Boehner,
William L. Jenkins,
Gil Gutknecht,
Robin Hayes,
Charlie Stenholm,
Collin C. Peterson,
Cal Dooley,
From the Committee on Resources, for
consideration of the House bill and the Senate
amendments, and modifications committed to
conference:
Richard Pombo,
Scott McInnis,
Greg Walden,
Rick Renzi,
From the Committee on the Judiciary, for
consideration of sections 106 and 107 of the
House bill, and sections 105, 106, 1115, and
1116 of the Senate amendment and modifications
committed to conference:
F. James Sensenbrenner, Jr.,
Lamar Smith,
Managers on the Part of the House.
Thad Cochran,
Mitch McConnell,
Michael Crapo,
Pete V. Domenici,
Tom Daschle,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The Managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 1904), An Act to
improve the capacity of the Secretary of Agriculture and the
Secretary of the Interior to conduct hazardous fuels reduction
projects on National Forest System lands and Bureau of Land
Management lands aimed at protecting communities, watersheds,
and certain other at-risk lands from catastrophic wildfire, to
enhance efforts to protect watersheds and address threats to
forest and rangeland health, including catastrophic wildfire,
across the landscape, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendments struck out all of the text of the
House bill after the enacting clause and inserted a substitute
text and a new title.
The House recedes from its disagreement to the amendment
of the Senate with an amendment which is a substitute for the
House bill and the Senate amendment. The House also recedes
from its disagreement to the amendment of the Senate to the
title of the bill. The differences between the House bill, the
Senate amendment, and the substitute agreed to in conference
are noted below, except for clerical corrections, conforming
changes made necessary by agreements reached by the conferees,
and minor drafting and clarifying changes.
SHORT TITLE: TABLE OF CONTENTS
(1) Short Title
The House bill cites that this Act may be cited as
``Healthy Forests Restoration Act of 2003'' and lists the table
of contents. (Section 1)
The Senate amendment has an identical short title and
differences in the table of contents that reflect the Senate
amendment. (Section 1)
The Conference substitute adopted the House provision
with an amendment to conform the table of contents to the
conference agreement. (Section 1)
(2) Purpose
The House bill lists the purposes of this Act, including:
to reduce the risks of damage to communities, municipal water
supplies and federal lands from catastrophic wildfire; to
authorize grant programs to improve the commercial value of
forest biomass; to enhance efforts to protect watersheds and
address threats to forest and rangeland health; to promote
systematic information gathering to address the impacts of
insect infestation on forest and rangeland health; to improve
the capacity to detect insect and disease infestations at an
early stage; and to benefit threatened and endangered species,
improve biological diversity and enhance carbon sequestration.
(Section 2)
The Senate amendment contains similar purposes with only
technical and clarifying changes. (Section 2)
The Conference substitute adopts the Senate provision
with an amendment that reflects changes made necessary by
deletions from the bill. (Section 2)
TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
(1) Definitions
The House bill defines terms necessary for implementation
of the bill, including: interface community and intermix
community; authorized hazardous fuel reduction project;
condition class 2; condition class 3; day; decision document;
Federal land; implementation plan; municipal water supply
system; Secretary concerned; threatened and endangered species
habitat. (Section 101)
The Senate amendment defines the same terms as the House
bill with only technical differences, and defines additional
terms, including: at-risk community; community wildfire
protection plan; fire regime i, ii, and iii; Indian tribe;
resource management plan; and Wildland-urban interface.
(Sections 3, 101)
The Conference substitute [adopts the Senate provisions,
with an amendment to modify the definition of wildland-urban
interface. (Sections 3, 101)]
(2) Authorized Hazardous Fuel Reduction Projects
The House bill allows for authorized hazardous fuels
reduction projects on federal lands that (1) are located in an
interface or intermix community; (2) are located in proximity
to such communities; (3) are condition class 3 or 2 and located
in proximity to a municipal water supply (or a perennial
stream, including rivers and other permanent natural flowing
water sources feeding a municipal water supply); (4) are
condition class 3 or 2 and have been identified as an area
where windthrow, blowdown, the existence or threat of disease
or insect infestation poses a threat to forest or rangeland
health, or (5) contain threatened and endangered species, if:
the natural fire regimes are important for, or wildfire is a
threat to threatened or endangered species or their habitat;
the authorized hazardous fuel reduction project will enhance
protection from catastrophic wildfire, and; the Secretary
complies with applicable guidelines in any management or
recovery plan. (Section 102(a))
The Senate amendment allows for authorized hazardous fuel
reduction projects on federal lands that: (1) are in wildland-
urban interface areas, (2) are condition class 3 and located in
such proximity to a municipal water supply system or a stream
feeding such a system within a municipal watershed that a
significant risk exists that a fire disturbance event would
have adverse effects on the water quality of the municipal
water supply or the maintenance of the system, (3) are
condition class 2 within fire regime I, fire regime II or fire
regime III and otherwise the same as paragraph (2), (4) are
identified as an area where windthrow, blowdown, ice storm
damage, or the existence of insects or disease poses a
significant threat to an ecosystem component, or forest or
rangeland resource on federal land or adjacent non-federal
land, or (5) contain threatened and endangered species habitat,
if: the natural fire regimes are important for, or wildfire is
a threat to threatened or endangered species or their habitat;
the authorized hazardous fuel reduction project will enhance
protection from catastrophic wildfire, and; the Secretary
complies with applicable guidelines in any management or
recovery plan. (Section 102(a))
The Conference substitute adopts the Senate provision
with amendments modifying the definition of wildland-urban
interface and that clarify the provision relating to insect and
disease infestation. (Section 102(a))
(3) Agency Plans; Acreage Limitation; Exclusion of Certain Federal Land
The House bill requires projects to be planned and
conducted in a manner consistent with land and resource
management plans or an applicable land use plan; limits the
acreage available forauthorized hazardous fuels reduction
projects to 20,000,000 acres; and prohibits authorized hazardous fuels
reduction projects on the following federal lands: a component of the
National Wilderness Preservation System, federal lands where the
removal of vegetation is prohibited or restricted by Congress or a
presidential proclamation, or wilderness study areas. (Section 102(b),
(c), and (d))
The Senate amendment contains similar provisions with
only technical differences. (Section 102(b), (c), and (d)).
The Conference substitute adopts the Senate provisions.
(Section 102(b), (c), and (d))
(4) Old Growth Stands and Large Tree Retention
The Senate amendment: (Section 102(e), (f))
Provides direction for projects that may occur
within old growth stands;
Defines a covered project as all authorized
hazardous fuel reduction projects except those in an
area where windthrow, blowdown, ice storm damage, or
the existence of insects or disease poses a significant
threat to an ecosystem component (section 102(a)(4));
Identifies standards for old growth as the
definitions, designations, standards, guidelines,
goals, or objectives established for an old growth
stand under a resource management plan, based on the
structure and composition characteristic of the forest
type, and in accordance with applicable law;
Requires the Secretary to fully maintain, or
contribute toward the restoration of the structure and
composition of structurally complex old growth stands
according to the pre-fire suppression old growth
conditions characteristic of the forest type, while
considering the contribution of the stand to landscape
fire adaptation and watershed health, and retaining the
large trees contributing to old growth structure;
Provides that old growth standards that are 10
years old or less from the date of enactment of this
Act shall be used by the Secretary in carrying out a
covered project;
Requires that any amendment or revision to
standards for which final administrative approval is
granted after the date of enactment of this Act shall
be consistent with the requirement described above;
Provides that old growth standards established
before the 10-year period may be used for a 2-year
period beginning on the date of enactment of this Act,
or if in the process of revising a resource management
plan, may be used for a 3-year period;
Provides that older standards shall be reviewed and
revised, if necessary, to reflect relevant information
not considered in formulating the resource management
plan. If such review is not completed within the
appropriate time period, no covered project shall occur
in a stand that is identified as an old growth stand
(based on substantial supporting evidence) by any
person during scoping; and
Requires that covered projects outside of old
growth stands focus largely on small diameter trees,
thinning, strategic fuel breaks, and prescribed fire to
modify fire behavior, as measured by the projected
reduction of uncharacteristically severe wildfire
effects; and, maximizes the retention of large trees,
as appropriate for the forest type, to the extent that
the large trees promote fire-resistant stands.
The House bill has no comparable provisions.
The Conference substitute adopts the Senate provisions
with an amendment that makes technical and clarifying changes
to the old growth provisions; and adds a clause to the large
tree retention provision to clarify that such provision is not
intended to prevent achieving the purpose in section 2(1).
(Section 102(e), (f))
The Managers note that nothing in subsection 102(e)
requires resource management plans to be amended.
(5) Prioritization for Communities
The House bill directs the Secretary to give priority to
authorized hazardous fuel reduction projects that provide for
the protection of communities and watersheds as provided for in
the implementation plan. (Section 103)
The Senate amendment: (Section 103)
Directs the Secretary to develop an annual program
of work that gives priority to authorized hazardous
fuel reduction projects that provide for protection of
at-risk communities or watersheds or that implement
community wildfire protection plans;
Makes the Federal Advisory Committee Act and
National Environmental Policy Act inapplicable to
Federal involvement in the community wildfire
protection plan planning and development process;
Directs that not less than 50 percent of the funds
allocated for authorized hazardous fuel reduction
projects shall be used in the wildland-urban interface.
Such allocation shall apply at the national level.
However, funds may be allocated differently within
individual management units as appropriate, in
particular to conduct authorized hazardous fuel
reduction projects in areas with insects, disease,
windthrow, blowdown or ice storm damage.
In providing financial assistance for authorized
hazardous fuel reduction projects on non-federal land,
the Secretary shall consider recommendations made by
at-risk communities that have developed community
wildfire protection plans.
The Conference substitute adopts the Senate provision
with amendments directing the Secretary to: (1) use existing
administrative authority to define wildland-urban interface for
purposes of authorized hazardous fuel reduction projects for
which a decision notice is issued within one year of date of
enactment of this Act, and (2) give priority in allocating
funding to communities that have adopted wildfire protection
plans. (Section 103)
(6) Environmental Analysis
The House bill:
Requires the Secretary to prepare an environmental
assessment (EA) or an environmental impact statement
(EIS) for any authorized hazardous fuel reduction
project; (104(a))
Gives the Secretary discretionary authority to
limit the analysis ordinarily required under the
National Environmental Policy Act (`NEPA') to the
proposed agency action, meaning theagencies would not
be required to analyze and describe a number of different alternatives
to the preferred course; (104(b))
Requires the Secretary to provide notice of
authorized hazardous fuel reduction projects and
conduct a public meeting during the planning stage;
(104(c))
Requires the Secretary to collaborate among
governments and interested persons during the
formulation of each authorized fuels reduction project;
(104(d))
Requires the Secretary to allow public input in
accordance with NEPA during the preparation of an EA or
EIS or an authorized hazardous fuel reduction project;
(104(e))
Requires the Secretary to sign a decision document
for each authorized hazardous fuels reduction project
and provide notice of that document; (104(f)) and
Requires the Secretary concerned to monitor the
implementation of authorized hazardous fuels reduction
projects. (104(g))
With respect to House bill sections 104 (a), (c), (d),
(e), and (f), the Senate amendment contains essentially
identical provisions, except for technical differences.
With respect to House bill section 104(b), the Senate
amendment directs the Secretary to prepare an environmental
assessment (EA) or an environmental impact statement (EIS) for
any authorized hazardous fuel reduction project which describes
the proposed action, a no action alternative, and an additional
action alternative, if the additional alternative is proposed
during scoping or the collaborative process and meets the
purpose and need of the project. If more than 1 additional
alternative is proposed, the Secretary shall select which
additional alternative to consider and provide a written record
describing the reasons for the selection. (Section 104(b))
With respect to House bill section 104(g), the Senate
amendment:
Directs each Forest Service region and BLM State
Office to monitor the results of authorized hazardous
fuels reduction projects, and submit a report every 5
years that includes an evaluation of the progress
towards project goals and recommendations for
modifications to the projects and management
treatments. It requires monitoring and assessment from
a representative sample of authorized hazardous fuel
reduction projects for each management unit as to the
effects on changes in condition class, fire regime,
watershed or landscape goals or objectives in the
resource management plan, and requires the Secretary to
track acres burned the degree of severity; and develop
a process for monitoring the need for maintenance of
treated areas, over time, in order to preserve the
forest health benefits achieved; and (Section 102(g))
Instructs the Secretary to establish a
collaborative monitoring, evaluation, and
accountability process in order to assess the positive
or negative ecological and social effects of a
representative sampling of projects implemented
pursuant to title I and section 404 of the Senate
amendment, and include diverse stakeholders, including
interested citizens and Indian tribes, in the
monitoring and evaluation process. (Section 1108)
With respect to Section 104(b) of the House bill and the
Senate amendment, the Conference substitute adopts the Senate
provision with an amendment that provides for special expedited
environmental analysis processes for hazardous fuels reduction
projects within the wildland-urban interface and within 1\1/2\
miles of at risk communities (Section 104(d)).
For projects described in section 104(d)(1) of the
Conference substitute, the Managers expect the Secretary to
concisely analyze the likely environmental outcomes if the
proposed treatment is not implemented.
The Managers note that, under subsection 104(c)(2), if
more than one additional alternative is proposed during scoping
that meets the purpose and need, the Secretary has the
discretion to select which additional alternative to consider,
and must provide a written record describing the reasons for
the selection. The Managers note that the written record could
be part of, or separate from, the environmental assessment or
environmental impact statement.
The Managers expect, in carrying out authorized fuel
reduction projects under the expedited processes provided by
the Act, the Secretary not to neglect obligations under the
provisions of section 6(g)(3)(B) of the Forest and Rangeland
Renewable Resources Planning Act of 1976 (16 U.S.C.
1604(g)(3)(B)).
With respect to Section 104(g) of the House bill, the
Conference substitute: (1) strikes the Senate amendment
provision (Section 1108) regarding collaborative monitoring;
and (2) adopts the Senate amendment provision (Section 102(g))
regarding monitoring with an amendment that allows the
Secretary to utilize multiparty monitoring with diverse
stakeholders in areas where interest in multiparty monitoring
exists. (Section 102(g))
(7) Administrative Review
The House bill:
Directs the Secretary of Agriculture to establish
an administrative review process for the Forest Service
within 90 days after the enactment of this Act that
will serve as the sole means by which a person can seek
administrative redress regarding an authorized
hazardous fuels reduction project; (Section 105(a))
Limits the administrative process to be developed
to persons who have submitted specific and substantive
written comments during the preparation stage of the
project; and (Section 105(b))
Clarifies that the Appeals Reform Act relating to
USFS administrative appeals does not apply to an
authorized hazardous fuels reduction project. (Section
105(c))
The Senate amendment:
Directs the Secretary of Agriculture to establish,
within 30 days after the date of the enactment of this
Act, interim final regulations to establish a pre-
decisional administrative review process that will
serve as the sole means by which a person can seek
administrative review regarding an authorized hazardous
fuel reduction project on National Forest System land;
(Section 105(a))
Requires the Secretary to establish final
regulations after a time period for public comment;
(Section 105(b))
Provides that a person may only bring a civil
action challenging an authorized hazardous fuel
reduction project in a Federal district court if the
issue was raised during the administrative process and
the person has exhausted the administrative review
process established by the Secretary, with exceptions
for futility or inadequacy claims; and (Section 105(c))
Clarifies that, with respect to projects and
activities of the National Forest System other than
authorized hazardous fuel reduction projects, nothing
affects, or otherwise biases, the notice, comment, and
appeal procedures for projects and activities of the
National Forest System contained in part 215 of title
36, Code of Federal Regulations (including related
legal actions). (Section 107(b))
The Conference substitute adopts the Senate provisions
with an amendment that incorporates the substantive content of
House bill section 105(b) and adds clarifying changes to
section 105(c) of the Senate amendment. (Section 105)
The Managers do not expect the provisions in section
105(c)(3)(B) of the Conference substitute to be applicable to
information which has not been brought to the attention of the
Secretary.
(8) Judicial Review
The House bill:
Establishes a time limit for filing a challenge to
an authorized hazardous fuels reduction project to 15
days within notice of the final agency action; (Section
106(a))
Limits the duration of any preliminary injunction
granted on an authorized project to 45 days subject to
renewal, and requires Secretarial notification to
Congress upon an injunction renewal; (106(b))
Encourages a court in which an action or an appeal
is filed to render a final determination within 100
days of when the complaint or appeal is filed; (106(c))
With respect to all agency actions on Federal
lands, directs a court, in considering a request for
injunctive relief, to balance the impact to the
ecosystem of the short-term and long-term effects of
undertaking the agency action against the short-term
and long-term effects of not undertaking the agency
action, and to give deference to any agency finding
that the balance of harm and the public interest in
avoiding the short-term effects of the agency action is
outweighed by the public interest in avoiding long-term
harm to the ecosystem. (Section 107)
The Senate amendment:
Requires lawsuits challenging an authorized
hazardous fuel reduction project to be filed only in
the United States district court for the district in
which the federal land to be treated is located;
(Section 106(a))
Encourages the court to expedite the proceedings
with the goal of rendering a final determination as
soon as practicable; (Section 106(b))
Limits the length of any preliminary injunctive
relief and stays pending appeal not to exceed 60 days,
subject to renewal with a requirement that parties to
the action shall present updated information on the
status of the project; (Section 106(c)(1), (2))
Directs the court reviewing the project, as part of
its weighing the equities while considering any request
for an injunction, to balance the impact to the
ecosystem likely affected by the project of the short-
and long-term effects of undertaking the agency action
against the short- and long-term effects of not
undertaking the agency action. (Section 106(c)(3))
The Conference substitute adopts the Senate provision.
(Section 106)
(9) Effect of Title; Rules of Construction
The House bill clarifies that nothing in this title:
shall be construed to affect or limit the use of
other authorities by the Secretary concerned to plan or
conduct a hazardous fuels reduction project on federal
lands; and (Section 108(a))
shall be construed to prejudice the consideration
or disposition of any legal action concerning the
Roadless Area Conservation Rule. (Section 108(b))
The Senate amendment provides that nothing in this title
affects, or otherwise biases, the use by the Secretary of other
statutory or administrative authority (including categorical
exclusions adopted to implement the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to conduct a
hazardous fuel reduction project on Federal land (including
Federal land identified in section 102(d)) that is not
conducted using the process authorized by section 104. (Section
107(a))
The Conference substitute adopts the Senate provision.
(Section 107)
(10) Authorization of Appropriations
The Senate amendment authorizes $760 million annually for
activities under this title and other hazardous fuel reduction
activities of the Secretary. (Section 108)
The House bill has no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 108)
TITLE II--BIOMASS
(1) Findings; Definitions
The House bill contains Congressional findings that that
show high risk of wildfires across many acres due to the
accumulation of heavy fuel loads from insect infestations and
disease, and defines the terms: Biomass, Person, Preferred
Community, and Secretary Concerned. (Sections 201, 202)
The Senate amendment has comparable provisions with minor
differences. (Sections 201, 202)
(2) Grants to Improve the Commercial Value of Forest Biomass; Reporting
requirement
The House bill establishes biomass commercial use and
value-added grant programs to benefit anyone who owns or
operates a facility to produce energy from biomass, as well as
a monitoring program for participants, while complying with
existing endangered species protections; authorizes
appropriations of $25,000,000 for fiscal years 2004 to 2008;
and requires that the Secretary concerned submit a report of
the grant programs no later than October 1, 2010. (Sections
203, 204)
The Senate amendment has a comparable amendment with
minor differences. (Sections 203, 204)
With respect to sections 201 and 202 of the House bill
and sections 203 and 204 of the Senate amendment, the
Conference substitute adopts an amendment that authorizes the
Secretary to provide biomass purchase grants to owners and
operators of biomass facilities that use such materials for
production of wood-based products or other commercial purposes.
(Section 203)
(3) Improved Biomass Use Research Program
The Senate amendment amends the Biomass Research and
Development Act of 2000 by adding a silviculture component to
the program. (Section 205)
The House has no provision on this subject.
The Conference substitute adopts the Senate provision.
(Section 201)
(4) Rural Revitalization Through Forestry
The Senate amendment establishes a program to facilitate
small business use of biomass and authorizes appropriations of
$5,000,000 for fiscal years 2004 to 2008 to carry out the
program. The program is established by amending the Food,
Agriculture, Conservation, and Trade Act of 1990. (Section 206)
The House bill has no provision on this subject.
The Conference substitute adopts the Senate provision.
(Section 202)
TITLE III--WATERSHED FORESTRY ASSISTANCE
(1) Findings and Purpose
The House bill contains Congressional findings that the
proper stewardship of forest lands is essential to sustaining
and restoring the health of watersheds. The purpose of this
title is to improve watershed health by forest management
practices, such as maintaining tree cover, buffer strips.
(Section 301)
The Senate contains a comparable provision with minor
changes. (Section 301)
(2) Watershed Forestry Assistance Program
The House bill establishes a program to assist State
foresters in expanding stewardship capacities to address
watershed issues on non-Federal lands through technical
assistance and a cost-share program by amending the Cooperative
Forestry Assistance Act. An authorization for appropriations of
$15,000,000 for each of the fiscal years 2004 through 2008 is
also included. (Section 302)
The Senate contains a comparable provision with minor
changes and also defines the term Nonindustrial Private Forest
Land. (Section 302)
The Conference substitute adopts the Senate provision.
(Section 302)
(3) Tribal Watershed Forestry Assistance
The Senate amendment directs the Secretary of Agriculture
to provide assistance to Indian tribes for expanding forestry
projects and to address watershed issues on tribal lands and
provides the same basic authorities for Indian tribes as are
provided in Section 302. (Section 303)
The House bill has no comparable provision.
The Conference substitute adopts the Senate provision.
(Section 303)
TITLE IV--INSECT INFESTATIONS
(1) Definitions, Findings, and Purpose
The House bill defines the terms Applied Silvicultural
Assessment, Federal Lands, Secretary Concerned, 1890
Institutions. The bill also contains Congressional findings
that insect infestations have many adverse effects on forest
health, and states that the purpose of this title is to require
the Secretary concerned to develop an assessment program to
combat insect infestations, to enlist the assistance of
educational institutions, and to carry out applied
silvicultural assessments. (Section 401)
The Senate bill contains comparable provisions and also
defines the term Forest Damaging Insect. (Sections 401, 402)
The Conference substitute adopts the Senate provision.
(Sections 401, 402)
(2) Accelerated Information Gathering Regarding Forest Damaging Insects
The House bill establishes a program for information
gathering on bark beetles, including Southern pine beetles,
hemlock woolly adelgids, emerald ash borers, red oak borers,
and white oak borers, to assist land managers in the
development of treatments to improve forest health, and
disseminate results in cooperation with scientists from
university and forestry schools. (Section 402)
The Senate amendment contains a comparable provision with
minor changes and expands program to include all forest-
damaging insects and associated diseases. (Section 403)
The Conference substitute adopts the Senate provision.
(Section 403)
(3) Applied Silvicultural Assessments
The House bill enables the Secretary concerned to conduct
applied silvicultural assessments on federal lands that the
Secretary determines in its sole discretion are at risk for
infestation with certain named pests. It limits such assessment
areas to 1,000 acres per assessment; applies an overall acreage
limitation to 250,000 acres; requires the Secretary to provide
notice of each applied silvicultural assessment proposed to be
carried out; requires the Secretary to provide an opportunity
for public input; creates a categorical exclusion from further
analysis under NEPA which the environment. (Section 403)
The Senate amendment contains a comparable provision with
minor technical differences, and expands to all forest-damaging
insects and associated diseases. The Senate bill precludes
categorical exclusions using similar methods from being carried
out adjacent to one another and subjects them to the
extraordinary circumstances procedures. (Section 404)
The Conference substitute adopts the Senate provision.
(Section 404)
(4) Relation to Other Laws; Authorization of Appropriations
The House bill provides that authorities of the Secretary
under this title are in addition to other authorities of the
Secretary under other laws, and authorizes such sums as may be
necessary to be appropriated between fiscal year 2004 and 2008.
(Sections 404, 405)
The Senate amendment contains comparable provisions with
only technical differences. (Sections 405, 406)
The Conference substitute adopts the Senate provisions.
(Sections 405, 406)
TITLE V--HEALTHY FORESTS RESERVE PROGRAM
(1) Establishment of Program
The House bill directs the Secretary of Agriculture to
establish a program with the purpose of protecting, restoring,
and enhancing forest ecosystems to promote the recovery of
endangered species, improve biodiversity, and enhance carbon
sequestration. (Section 501)
The Senate amendment has a comparable provision. (Section
501)
The Conference substitute adopts the Senate provision.
(Sections 501)
(2) Eligibility and Enrollment of Lands in Program
The House bill specifies lands eligible for enrollment
and lists eligibility and enrollment requirements for program
participants, including enrollment priorities for land with
threatened and endangered species. (Section 502 (a), (b), (c),
(f))
The Senate amendment has comparable provisions with minor
differences. (Section 502 (a), (b), (c), (d), (g))
The Conference substitute adopts the Senate provisions.
(Section 502 (a), (b), (c), (d), (g))
(3) Maximum Enrollment; Methods of Enrollment
The House bill establishes a maximum enrollment of
1,000,000 acres, and authorizes acres to be enrolled through a
permanent easement with buyback option, a 30-year easement, or
a 10-year agreement for enrolled lands under this program.
(Section 502(d) and (e))
The Senate amendment establishes a maximum enrollment of
2,000,000 acres, and authorizes acres to be enrolled through
agreements of not more than 99-years with no buyback option,
30-year agreements; or 10-year cost share agreements. (Section
502(e) and (f))
The Conference substitute adopts the Senate provision
with respect to maximum enrollment (502(e) and the House
provision with an amendment with respect to methods of
enrollment to allow for 10-year cost share agreements, and 30-
year and up to 99-year easements. (Section 502(f))
(4) Conservation Plans
The House bill requires lands enrolled shall be subject
to a conservation plan developed by USDA and the U.S. Fish and
Wildlife Service; requires a description of the permissible
land-use activities; authorizes applicable State agencies and
nonprofit conservation organizations to provide technical or
financial assistance in development of the plans; and requires
that the plan maximize the environmental benefits per dollar
expended. (Section 503)
The Senate amendment has comparable provisions. (Sections
502(g)(2), 503, 507)
The Conference substitute adopts the Senate provision.
(Sections 502(g)(2), 503, 507)
(5) Financial Assistance
The House bill specifies maximum amounts of financial
assistance for each method of enrollment of acres into the
Healthy Forest Reserve. (Section 504)
The Senate amendment contains similar language (Section
504).
The Conference substitute adopts the Senate provision
with an amendment reflecting the changes made in the methods of
enrollment. (Section 504)
(6) Technical Assistance
The House bill directs the Forest Service and U.S. Fish
and Wildlife service to provide participants with technical
assistance. (Section 505)
The Senate amendment has a comparable provision and also
adds that the Secretary may enter into cooperative agreements
with third parties certified as technical service providers.
(Section 505)
The Conference substitute adopts the Senate provision.
(Section 505)
(7) Safe Harbor
The House bill instructs the Secretary of Interior to
provide safe harbor to landowners who enroll land in this
program when enrollment results in a net conservation benefit
for listed species. (Section 506)
The Senate amendment has a comparable provision and also
provides that the cost of any additional measures taken besides
those covered in the restoration plan will be considered part
of the restoration plan for financial purposes. (Section 506)
The Conference substitute adopts the Senate provision.
(Section 506)
(8) Authorization of Appropriations
The House bill authorizes to be appropriated $15,000,000
for each of the fiscal years 2004 through 2008. (Section 507)
The Senate amendment authorizes to be appropriated
$25,000,000 for fiscal year 2004 and such sums necessary for
each of the fiscal years 2005-2008. (Section 508)
The Conference substitute adopts the Senate provision.
(Section 508)
TITLE VI--MISCELLANEOUS PROVISIONS
(1) Inventory and Monitoring Program
The House bill instructs the Secretary of Agriculture to
carry out a program to monitor forest stands on National Forest
System lands and private lands; lists issues to be addressed;
establishes an early warning system; and authorizes $5,000,000
for each of the fiscal years 2004 through 2008 for such
activities. (Section 601)
The Senate amendment has a comparable provision that also
lists specific means and offices for carrying out the program,
and authorizes such sums as are necessary to carry out this
section without fiscal year limitation. (Section 1101)
The Conference substitute adopts the House provision.
(Title VI)
The managers expect the Secretary to consult and
collaborate with the National Aeronautics and Space
Administration, Stennis Space Center in carrying out this
title.
(2) Public Land Corps
The Senate amendment creates a public land corps to carry
out rehabilitation projects enlisting the help of disadvantaged
young people. The amendment authorizes to be appropriated
$15,000,000 for each of the fiscal years 2004 through 2008.
(Title VI)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(3) Rural Community Forestry Enterprise Program
The Senate amendment establishes a program to assist in
the economic revitalization of rural forest research-dependent
communities. The amendment authorizes to be appropriated
$15,000,000 for each of the fiscal years 2004 through 2008.
(Title VII)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(4) Firefighters Medical Monitoring Act
The Senate amendment provides that the National Institute
for Occupational Safety and Health shall monitor the long-term
medical health of those firefighters who fought fires in any
area declared a disaster area by the Federal Government. The
amendment authorizes to be appropriated such sums as may be
necessary in each of the fiscal years 2004 through 2008 to
carry out this title. (Title VIII)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(5) Disaster Air Quality Monitoring Act
The Senate amendment instructs the Environmental
Protection Agency to provide each of its regional offices a
mobile air pollution monitoring network to monitor the
emissions of hazardous air pollutants in disaster areas and
publish the findings. The amendment authorizes to be
appropriated $8,000,000 to carry out this title. (Title IX)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(6) Highlands Region Conservation
The Senate amendment recognizes the importance of the
water, forest, agricultural, wildlife, recreational and
cultural resources of the Highlands, and the national
significance of the Highlands region to the United States. The
amendment authorizes the Secretary of Interior to work in
partnership with the Secretary of Agriculture to provide
financial assistance to the Highlands States to preserve and
protect high priority conservation lands in the Highlands
region, and continues the ongoing Forest Service programs in
the Highlands region to assist the Highlands States, local
units of government and private forest and farm landowners in
the conservation of lands and natural resources in the
Highlands region. (Title X )
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(7) Emergency Treatment and Reduction of Nonnative Invasive Plants
The Senate amendment establishes a program for emergency
treatment and reduction of nonnative invasive plants to provide
to State and local governments and agencies, conservation
districts, tribal governments, and willing private landowners
grants for use in carrying out hazardous fuel reduction
projects to address threats of catastrophic fires that have
been determined by the Secretaries to pose a serious threat,
including work to eradicate Salt Cedar and Russian Olive trees
and other brush along the Bosque lands on the Rio Grande River
in the State of New Mexico. (Section 1102)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(8) USDA National Agroforestry Center
The Senate amendment amends section 1243 of the Food,
Agriculture, Conservation, and Trade Act of 1990 to establish a
National Agroforestry Center. (Section 1103)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(9) Upland Hardwoods Research Center
The Senate amendment directs the Secretary to establish
an upland hardwood research center. (Section 1104)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(10) Emergency Fuel Reduction Grants
The Senate amendment instructs the Secretary of
Agriculture to establish an emergency fuel reduction grant
program under which the Secretary shall provide grants to State
and local agencies to carry out hazardous fuel reduction
projects addressing threats of catastrophic fire that pose a
serious threat to human life, as determined by the Forest
Service. (Section 1105)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(11) Eastern Nevada Landscape Coalition
The Senate amendment authorizes the Secretary of
Agriculture and the Secretary of the Interior to make grants to
the Eastern Nevada Landscape Coalition for the study and
restoration of rangeland and other lands in Nevada's Great
Basin in order to help assure the reduction of hazardous fuels
and for related purposes. (Section 1106)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(12) Sense of Congress Regarding Enhanced Community Fire Protection
The Senate amendment states that it is the sense of
Congress to reaffirm the importance of enhanced community fire
protection program, as described in section 10A of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c)
(as added by section 8003(b) of the FarmSecurity and Rural
Investment Act of 2002 (Public Law 107-09171; 116 Stat. 473)). (Section
1107)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(13) Best-Value Contracting
The Senate amendment allows the Secretaries to use best
value contracting criteria in awarding contracts and
agreements. Best-value contracting criteria includes the
ability of the contractor to meet the ecological goals of the
projects; the use of equipment that will minimize or eliminate
impacts on soils; and benefits to local communities such as
ensuring that the byproducts are processed locally. (Section
1109)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(14) Suburban and Community Forestry and Open Space Program; Forest
Legacy Program
The Senate amendment establishes within the Forest
Service a program to be known as the ``Suburban and Community
Forestry and Open Space Program'' (Section 1110)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(15) Wildland Firefighter Safety
The Senate amendment directs the Secretaries to ensure
that any Federal contract or agreement entered into with a
private entity for wildland firefighting services requires the
entity to provide firefighter training that is consistent with
qualification standards management direction established by the
National Wildfire Coordinating Group. (Section 1111)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(16) Green Mountain National Forest Boundary Adjustment
The Senate amendment states the boundaries of the Green
Mountain National Forest are modified to include all parcels of
land depicted on the forest maps entitled ``Green Mountain
Expansion Area Map I'' and ``Green Mountain Expansion Area Map
II'', each dated February 20, 2002, which shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, Washington, District of Columbia. (Section
1112)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(17) Puerto Rico Karst Conservation
The Senate amendment authorizes and supports conservation
efforts to acquire, manage, and protect the tropical forest
areas of the Karst Region, with particular emphasis on water
quality and the protection of the aquifers that are vital to
the health and wellbeing of the citizens of the Commonwealth;
and promotes cooperation among the Commonwealth, Federal
agencies, corporations, organizations, and individuals in those
conservation efforts. (Section 1113)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(18) Effective Date of Section 10806 of Farm Security and Rural
Investment Act
The Senate amendment states Section 10806(b)(1) of the
Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d;
116 Stat. 526), is deemed to have first become effective 15
days after the date of the enactment of this Act. (Section
1114)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(19) Enforcement of Animal Fighting Prohibitions Under the Animal
Welfare Act
The Senate amendment amends Section 26 of the Animal
Welfare Act. (Section 1115)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
(20) Changes in Fines for Violation of Public Land Regulations During a
Fire Ban
The Senate amendment contains provisions to modify the
penalties for violations of fire bans. (Section 1116)
The House bill contains no comparable provision.
The Conference substitute strikes the Senate provision.
From the Committee on Agriculture, for
consideration of the House bill and the Senate
amendments, and modifications committed to
conference:
Bob Goodlatte,
John Boehner,
William L. Jenkins,
Gil Gutknecht,
Robin Hayes,
Charlie Stenholm,
Collin C. Peterson,
Cal Dooley,
From the Committee on Resources, for
consideration of the House bill and the Senate
amendments, and modifications committed to
conference:
Richard Pombo,
Scott McInnis,
Greg Walden,
Rick Renzi,
From the Committee on the Judiciary, for
consideration of sections 106 and 107 of the
House bill, and sections 105, 106, 1115, and
1116 of the Senate amendment and modifications
committed to conference:
F. James Sensenbrenner, Jr.
Lamar Smith,
Managers on the Part of the House.
Thad Cochran,
Mitch McConnell,
Michael Crapo,
Pete V. Domenici,
Tom Daschle,
Managers on the Part of the Senate.