    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1887

    Public Law 108-148
    108th Congress

    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. [NOTE: Dec. 3, 2003 -  [H.R. 1904]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Healthy Forests Restoration
    Act of 2003.] assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This [NOTE: 16 USC 6501 note.] Act may be cited
    as the ``Healthy Forests Restoration Act of 2003''.

    (b) Table of Contents.--The table of contents for 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.

    [[Page 1888]]
    117 STAT. 1888

    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. [NOTE: 16 USC 6501.] 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. [NOTE: 16 USC 6502.] 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).

    [[Page 1889]]
    117 STAT. 1889

    TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

    SEC. 101. [NOTE: 16 USC 6511.] 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--

    [[Page 1890]]
    117 STAT. 1890

    (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.

    [[Page 1891]]
    117 STAT. 1891

    (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 No. 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--

    [[Page 1892]]
    117 STAT. 1892

    (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. [NOTE: 16 USC 6512.] 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

    [[Page 1893]]
    117 STAT. 1893

    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

    [[Page 1894]]
    117 STAT. 1894

    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.

    [[Page 1895]]
    117 STAT. 1895

    (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) [NOTE: Deadline. Reports.] 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.

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    117 STAT. 1896

    (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. [NOTE: 16 USC 6513.] 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

    [[Page 1897]]
    117 STAT. 1897

    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. [NOTE: 16 USC 6514.] 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.

    [[Page 1898]]
    117 STAT. 1898

    (d) Alternative Analysis Process for Projects in Wildland-Urban
    Interface.--
    (1) Proposed agency action and 1 action alternative.--For an
    authorized hazardous fuel reduction project that is proposed to
    be conducted in the wildland-urban interface, the Secretary is
    not required to study, develop, or describe more than the
    proposed agency action and 1 action alternative in the
    environmental assessment or environmental impact statement
    prepared pursuant to section 102(2) of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
    (2) Proposed agency action.--Notwithstanding paragraph (1),
    but subject to paragraph (3), if an authorized hazardous fuel
    reduction project proposed to be conducted in the wildland-urban
    interface is located no further than 1\1/2\ miles from the
    boundary of an at-risk community, the Secretary is not required
    to study, develop, or describe any alternative to the proposed
    agency action in the environmental assessment or environmental
    impact statement prepared pursuant to section 102(2) of the
    National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
    (3) Proposed agency action and community wildfire protection
    plan alternative.--In 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

    [[Page 1899]]
    117 STAT. 1899

    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. [NOTE: 16 USC 6515.] SPECIAL ADMINISTRATIVE REVIEW PROCESS.

    (a) Interim Final Regulations.--
    (1) In general.--Not [NOTE: Deadline.] 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.

    [[Page 1900]]
    117 STAT. 1900

    (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. [NOTE: 16 USC 6516.] 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. [NOTE: 16 USC 6517.] 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,

    [[Page 1901]]
    117 STAT. 1901

    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. [NOTE: 16 USC 6518.] 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) [NOTE: 7 USC 8101 note.] 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) [NOTE: 7 USC 8101
    note.] is amended by striking ``$49,000,000'' and inserting
    ``$54,000,000''.

    [[Page 1902]]
    117 STAT. 1902

    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. [NOTE: 16 USC 6531.] 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. [NOTE: 16 USC 6541.] 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;

    [[Page 1903]]
    117 STAT. 1903

    (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. [NOTE: 16 USC 2103b.] 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;

    [[Page 1904]]
    117 STAT. 1904

    ``(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.

    [[Page 1905]]
    117 STAT. 1905

    ``(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. [NOTE: 16 USC 6542.] 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

    [[Page 1906]]
    117 STAT. 1906

    assistance to Indian tribes for the purpose of expanding tribal
    stewardship capacities and activities through tribal forestry best-
    management practices and other means at the tribal level to address
    watershed issues on land under the jurisdiction of or administered by
    the Indian tribes.
    (b) Technical Assistance To Protect Water Quality.--
    (1) In general.--The Secretary, in cooperation with Indian
    tribes, shall develop a program to provide technical assistance
    to protect water quality, as described in paragraph (2).
    (2) Purpose of program.--The program under this subsection
    shall be designed--
    (A) to build and strengthen watershed partnerships
    that focus on forested landscapes at the State,
    regional, tribal, and local levels;
    (B) to provide tribal forestry best-management
    practices and water quality technical assistance
    directly to Indian tribes;
    (C) to provide technical guidance to tribal land
    managers and policy makers for water quality protection
    through forest management;
    (D) to complement tribal efforts to protect water
    quality and provide enhanced opportunities for
    consultation and cooperation among Federal agencies and
    tribal entities charged with responsibility for water
    and watershed management; and
    (E) to provide enhanced forest resource data and
    support for improved implementation and monitoring of
    tribal forestry best-management practices.

    (c) Watershed Forestry Program.--
    (1) In general.--The Secretary shall establish a watershed
    forestry program in cooperation with Indian tribes.
    (2) Programs and projects.--Funds or other support provided
    under the program shall be made available for tribal forestry
    best-management practices programs and watershed forestry
    projects.
    (3) Annual awards.--The Secretary shall annually make awards
    to Indian tribes to carry out this subsection.
    (4) Project elements and objectives.--A watershed forestry
    project shall accomplish critical forest stewardship, watershed
    protection, and restoration needs within land under the
    jurisdiction of or administered by an Indian tribe by
    demonstrating the value of trees and forests to watershed health
    and condition through--
    (A) the use of trees as solutions to water quality
    problems;
    (B) application of and dissemination of monitoring
    information on forestry best-management practices
    relating to watershed forestry;
    (C) watershed-scale forest management activities and
    conservation planning;
    (D) the restoration of wetland and stream-side
    forests and the establishment of riparian vegetative
    buffers; and
    (E) tribal-based planning, involvement, and action
    through State, tribal, local, and nonprofit
    partnerships.
    (5) Prioritization.--An Indian tribe that participates in
    the program under this subsection shall prioritize watersheds in
    land under the jurisdiction of or administered by the Indian

    [[Page 1907]]
    117 STAT. 1907

    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. [NOTE: 16 USC 6551.] 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;

    [[Page 1908]]
    117 STAT. 1908

    (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. [NOTE: 16 USC 6552.] DEFINITIONS.

    In this title:
    (1) Applied silvicultural assessment.--

    [[Page 1909]]
    117 STAT. 1909

    (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. [NOTE: 16 USC 6553.] 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.

    [[Page 1910]]
    117 STAT. 1910

    (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. [NOTE: 16 USC 6554.] 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.).

    [[Page 1911]]
    117 STAT. 1911

    (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. [NOTE: 16 USC 6555.] 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. [NOTE: 16 USC 6556.] 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. [NOTE: 16 USC 6571.] 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. [NOTE: 16 USC 6572.] 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

    [[Page 1912]]
    117 STAT. 1912

    (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. [NOTE: 16 USC 6573.] 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--

    [[Page 1913]]
    117 STAT. 1913

    (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. [NOTE: 16 USC 6574.] 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) Thirty-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) Ten-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) fifty percent of the actual costs of the approved
    conservation practices; or
    (2) fifty 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. [NOTE: 16 USC 6575.] 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.

    [[Page 1914]]
    117 STAT. 1914

    SEC. 506. [NOTE: 16 USC 6576.] 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. [NOTE: 16 USC 6577.] 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. [NOTE: 16 USC 6578.] 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. [NOTE: 16 USC 6591.] 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.

    [[Page 1915]]
    117 STAT. 1915

    (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.

    Approved December 3, 2003.

    LEGISLATIVE HISTORY--H.R. 1904:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-96, Pt. 1 (Comm. on Agriculture) and Pt. 2
    (Comm. on the Judiciary) and 108-386 (Comm. of Conference).
    SENATE REPORTS: No. 108-121 (Comm. on Agriculture, Nutrition, and
    Forestry).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    May 20, considered and passed House.
    Oct. 29, 30, considered and passed Senate, amended.
    Nov. 21, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Dec. 3, Presidential remarks.