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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.