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pdfPUBLIC LAW 108–148—DEC. 3, 2003
117 STAT. 1887
Public Law 108–148
108th Congress
An Act
To improve the capacity of the Secretary of Agriculture and the Secretary of the
Interior to conduct hazardous fuels reduction projects on National Forest System
lands and Bureau of Land Management lands aimed at protecting communities,
watersheds, and certain other at-risk lands from catastrophic wildfire, to enhance
efforts to protect watersheds and address threats to forest and rangeland health,
including catastrophic wildfire, across the landscape, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 for this Act
is as follows:
Dec. 3, 2003
[H.R. 1904]
Healthy Forests
Restoration Act
of 2003.
16 USC 6501
note.
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—HAZARDOUS FUEL REDUCTION ON FEDERAL LAND
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
106.
107.
108.
Definitions.
Authorized hazardous fuel reduction projects.
Prioritization.
Environmental analysis.
Special administrative review process.
Judicial review in United States district courts.
Effect of title.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE IV—INSECT INFESTATIONS AND RELATED DISEASES
401. Findings and purpose.
402. Definitions.
403. Accelerated information gathering regarding forest-damaging insects.
404. Applied silvicultural assessments.
405. Relation to other laws.
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.
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Sec.
Sec.
Sec.
Sec.
Sec.
PUBLIC LAW 108–148—DEC. 3, 2003
504.
505.
506.
507.
508.
Financial assistance.
Technical assistance.
Protections and measures
Involvement by other agencies and organizations.
Authorization of appropriations.
TITLE VI—MISCELLANEOUS
Sec. 601. Forest stands inventory and monitoring program to improve detection of
and response to environmental threats.
16 USC 6501.
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 petroleumbased 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.
16 USC 6502.
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).
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PUBLIC LAW 108–148—DEC. 3, 2003
117 STAT. 1889
TITLE I—HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND
SEC. 101. DEFINITIONS.
16 USC 6511.
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 atrisk 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—
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(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.
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(10) FIRE REGIME III.—The term ‘‘fire regime III’’ means
an area—
(A) in which historically there are mixed severity fires
with a frequency of 35 through 100 years; and
(B) that is located primarily in forests of mixed conifer,
dry Douglas fir, or wet Ponderosa pine.
(11) IMPLEMENTATION PLAN.—The term ‘‘Implementation
Plan’’ means the Implementation Plan for the Comprehensive
Strategy for a Collaborative Approach for Reducing Wildland
Fire Risks to Communities and the Environment, dated May
2002, developed pursuant to the conference report to accompany
the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106–64) (and subsequent
revisions).
(12) MUNICIPAL WATER SUPPLY SYSTEM.—The term ‘‘municipal water supply system’’ means the reservoirs, canals, ditches,
flumes, laterals, pipes, pipelines, and other surface facilities
and systems constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water.
(13) RESOURCE MANAGEMENT PLAN.—The term ‘‘resource
management plan’’ means—
(A) a land and resource management plan prepared
for 1 or more units of land of the National Forest System
described in section 3(1)(A) under section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604); or
(B) a land use plan prepared for 1 or more units
of the public land described in section 3(1)(B) under section
202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712).
(14) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of Agriculture, with respect to land
of the National Forest System described in section 3(1)(A);
and
(B) the Secretary of the Interior, with respect to public
lands described in section 3(1)(B).
(15) THREATENED AND ENDANGERED SPECIES HABITAT.—The
term ‘‘threatened and endangered species habitat’’ means Federal land identified in—
(A) a determination that a species is an endangered
species or a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) a designation of critical habitat of the species under
that Act; or
(C) a recovery plan prepared for the species under
that Act.
(16) WILDLAND-URBAN INTERFACE.—The term ‘‘wildlandurban 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 11⁄2 miles of the boundary of
an at-risk community, including any land that—
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(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.
16 USC 6512.
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
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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
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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.
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(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.
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Deadline.
Reports.
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(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 microbusinesses, 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.
16 USC 6513.
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
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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.
16 USC 6514.
(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.
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(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 11⁄2 miles
from the boundary of an at-risk community, the Secretary
is not required to study, develop, or describe any alternative
to the proposed agency action in the environmental assessment
or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).
(3) PROPOSED AGENCY ACTION AND COMMUNITY WILDFIRE
PROTECTION PLAN ALTERNATIVE.—In the case of an authorized
hazardous fuel reduction project described in paragraph (2),
if the at-risk community has adopted a community wildfire
protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general
location and basic method of treatments, the Secretary shall
evaluate the recommendations in the plan as an alternative
to the proposed agency action in the environmental assessment
or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)).
(e) PUBLIC NOTICE AND MEETING.—
(1) PUBLIC NOTICE.—The Secretary shall provide notice of
each authorized hazardous fuel reduction project in accordance
with applicable regulations and administrative guidelines.
(2) PUBLIC MEETING.—During the preparation stage of each
authorized hazardous fuel reduction project, the Secretary
shall—
(A) conduct a public meeting at an appropriate location
proximate to the administrative unit of the Federal land
on which the authorized hazardous fuel reduction project
will be conducted; and
(B) provide advance notice of the location, date, and
time of the meeting.
(f) PUBLIC COLLABORATION.—In order to encourage meaningful
public participation during preparation of authorized hazardous
fuel reduction projects, the Secretary shall facilitate collaboration
among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the
Implementation Plan.
(g) ENVIRONMENTAL ANALYSIS AND PUBLIC COMMENT.—In
accordance with section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) and the applicable regulations
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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.
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Deadline.
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(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.
16 USC 6516.
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.
16 USC 6517.
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,
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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.
16 USC 6518.
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’’.
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7 USC 8101 note.
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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.’’.
16 USC 6531.
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
16 USC 6541.
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;
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(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.
16 USC 2103b.
‘‘(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;
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‘‘(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.
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‘‘(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.
16 USC 6542.
(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
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assistance to Indian tribes for the purpose of expanding tribal
stewardship capacities and activities through tribal forestry bestmanagement practices and other means at the tribal level to address
watershed issues on land under the jurisdiction of or administered
by the Indian tribes.
(b) TECHNICAL ASSISTANCE TO PROTECT WATER QUALITY.—
(1) IN GENERAL.—The Secretary, in cooperation with Indian
tribes, shall develop a program to provide technical assistance
to protect water quality, as described in paragraph (2).
(2) PURPOSE OF PROGRAM.—The program under this subsection shall be designed—
(A) to build and strengthen watershed partnerships
that focus on forested landscapes at the State, regional,
tribal, and local levels;
(B) to provide tribal forestry best-management practices and water quality technical assistance directly to
Indian tribes;
(C) to provide technical guidance to tribal land managers and policy makers for water quality protection
through forest management;
(D) to complement tribal efforts to protect water quality
and provide enhanced opportunities for consultation and
cooperation among Federal agencies and tribal entities
charged with responsibility for water and watershed
management; and
(E) to provide enhanced forest resource data and support for improved implementation and monitoring of tribal
forestry best-management practices.
(c) WATERSHED FORESTRY PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish a watershed
forestry program in cooperation with Indian tribes.
(2) PROGRAMS AND PROJECTS.—Funds or other support provided under the program shall be made available for tribal
forestry best-management practices programs and watershed
forestry projects.
(3) ANNUAL AWARDS.—The Secretary shall annually make
awards to Indian tribes to carry out this subsection.
(4) PROJECT ELEMENTS AND OBJECTIVES.—A watershed forestry project shall accomplish critical forest stewardship, watershed protection, and restoration needs within land under the
jurisdiction of or administered by an Indian tribe by demonstrating the value of trees and forests to watershed health
and condition through—
(A) the use of trees as solutions to water quality problems;
(B) application of and dissemination of monitoring
information on forestry best-management practices relating
to watershed forestry;
(C) watershed-scale forest management activities and
conservation planning;
(D) the restoration of wetland and stream-side forests
and the establishment of riparian vegetative buffers; and
(E) tribal-based planning, involvement, and action
through State, tribal, local, and nonprofit partnerships.
(5) PRIORITIZATION.—An Indian tribe that participates in
the program under this subsection shall prioritize watersheds
in land under the jurisdiction of or administered by the Indian
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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.
16 USC 6551.
(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 midAtlantic 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;
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(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.
16 USC 6552.
SEC. 402. DEFINITIONS.
In this title:
(1) APPLIED SILVICULTURAL ASSESSMENT.—
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(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.
16 USC 6553.
(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.
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(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.
16 USC 6554.
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.).
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(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.
16 USC 6555.
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.
16 USC 6556.
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.
16 USC 6571.
(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.
16 USC 6572.
(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
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(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.
16 USC 6573.
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—
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(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.
16 USC 6574.
(a) EASEMENTS OF NOT MORE THAN 99 YEARS.—In the case
of land enrolled in the healthy forests reserve program using an
easement of not more than 99 years described in section 502(f)(1)(C),
the Secretary of Agriculture shall pay the owner of the land an
amount equal to not less than 75 percent, nor more than 100
percent, of (as determined by the Secretary)—
(1) the fair market value of the enrolled land during the
period the land is subject to the easement, less the fair market
value of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices
or the average cost of approved practices carried out on the
land during the period in which the land is subject to the
easement.
(b) THIRTY-YEAR EASEMENT.—In the case of land enrolled in
the healthy forests reserve program using a 30-year easement,
the Secretary of Agriculture shall pay the owner of the land an
amount equal to not more than (as determined by the Secretary)—
(1) 75 percent of the fair market value of the land, less
the fair market value of the land encumbered by the easement;
and
(2) 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved
practices.
(c) TEN-YEAR AGREEMENT.—In the case of land enrolled in
the healthy forests reserve program using a 10-year cost-share
agreement, the Secretary of Agriculture shall pay the owner of
the land an amount equal to not more than (as determined by
the Secretary)—
(1) fifty percent of the actual costs of the approved conservation practices; or
(2) fifty percent of the average cost of approved practices.
(d) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Agriculture may accept and use contributions of non-Federal funds
to make payments under this section.
SEC. 505. TECHNICAL ASSISTANCE.
16 USC 6575.
(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.
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16 USC 6576.
PUBLIC LAW 108–148—DEC. 3, 2003
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.
16 USC 6577.
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.
16 USC 6578.
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
16 USC 6591.
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.
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(c) EARLY WARNING SYSTEM.—In carrying out the program,
the Secretary shall develop a comprehensive early warning system
for potential catastrophic environmental threats to forests to
increase the likelihood that forest managers will be able to—
(1) isolate and treat a threat before the threat gets out
of control; and
(2) prevent epidemics, such as the American chestnut blight
in the first half of the twentieth century, that could be environmentally and economically devastating to forests.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2004 through 2008.
Approved December 3, 2003.
LEGISLATIVE HISTORY—H.R. 1904:
HOUSE REPORTS: Nos. 108–96, Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm.
on the Judiciary) and 108–386 (Comm. of Conference).
SENATE REPORTS: No. 108–121 (Comm. on Agriculture, Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 20, considered and passed House.
Oct. 29, 30, considered and passed Senate, amended.
Nov. 21, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 3, Presidential remarks.
Æ
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| File Type | application/pdf |
| File Title | E:\PUBLAW\PUBL148.108 |
| File Modified | 2004-01-08 |
| File Created | 2004-01-08 |