| HR 1904 IH
108th CONGRESS
1st Session
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.
IN THE HOUSE OF REPRESENTATIVES
May 1, 2003
Mr. MCINNIS (for himself, Mr.
WALDEN of Oregon, Mr. POMBO, Mr. GOODLATTE, Mr. AKIN, Mr. ALEXANDER, Mr.
BALLENGER, Mr. BARTON of Texas, Mr. BEAUPREZ, Mr. BERRY, Mr. BISHOP of
Utah, Mr. BLUNT, Mr. BOEHNER, Mr. BOOZMAN, Mr. BRADY of Texas, Mr. BURGESS,
Mr. CALVERT, Mr. CANNON, Mr. COLE, Mr. CRAMER, Mrs. CUBIN, Mr. DAVIS of
Alabama, Mr. DOOLITTLE, Mr. DOOLEY of California, Mr. DUNCAN, Mrs. EMERSON,
Mr. EVERETT, Mr. FLAKE, Mr. GALLEGLY, Mr. GIBBONS, Mr. GILCHREST, Mr. GINGREY,
Mr. GRAVES, Mr. GREEN of Wisconsin, Mr. GUTKNECHT, Mr. HASTINGS of Washington,
Mr. HAYES, Mr. HAYWORTH, Mr. HEFLEY, Mr. HERGER, Mr. HUNTER, Mr. ISSA,
Mr. JANKLOW, Mr. JOHN, Mr. JONES of North Carolina, Mr. KOLBE, Mr. LAHOOD,
Mr. LEWIS of California, Mr. LINDER, Mr. MCKEON, Mr. GARY G. MILLER of
California, Mr. MORAN of Kansas, Mrs. MUSGRAVE, Mr. NETHERCUTT, Mr. NORWOOD,
Mr. NUNES, Mr. OBERSTAR, Mr. OTTER, Mr. OSBORNE, Mr. OSE, Mr. PEARCE, Mr.
PETERSON of Minnesota, Mr. PETERSON of Pennsylvania, Mr. PICKERING, Mr.
RADANOVICH, Mr. REHBERG, Mr. RENZI, Mr. ROGERS of Alabama, Mr. ROSS, Mr.
RYUN of Kansas, Mr. SANDLIN, Mr. SESSIONS, Mr. SHADEGG, Mr. SHIMKUS, Mr.
SHERWOOD, Mr. SIMPSON, Mr. SMITH of Michigan, Mr. SOUDER, Mr. STENHOLM,
Mr. STUPAK, Mr. TANCREDO, Mr. TAYLOR of North Carolina, Mr. TERRY, Mr.
THOMAS, Mr. THOMPSON of Mississippi, Mr. THORNBERRY, Mr. TIAHRT, Mr. TURNER
of Texas, Mr. TAUZIN, Mr. VITTER, Mr. WICKER, Mrs. WILSON of New Mexico,
Mr. WILSON of South Carolina, and Mr. YOUNG of Alaska) introduced the following
bill; which was referred to the Committee on Agriculture, and in addition
to the Committee on Resources, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
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.
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:
Sec. 1. Short title; table
of contents.
TITLE I--HAZARDOUS FUELS REDUCTION
ON FEDERAL LANDS
Sec. 102. Authorized hazardous
fuels reduction projects.
Sec. 103. Prioritization
for communities and watersheds.
Sec. 104. Environmental
analysis.
Sec. 105. Special Forest
Service administrative review process.
Sec. 106. Special requirements
regarding judicial review of authorized hazardous fuels reduction projects.
Sec. 107. Standard for injunctive
relief for agency action to restore fire-adapted forest or rangeland ecosystems.
Sec. 108. Rules of construction.
TITLE II--BIOMASS
Sec. 203. Grants to improve
the commercial value of forest biomass for electric energy, useful heat,
transportation fuels, and petroleum-based product substitutes.
Sec. 204. Reporting requirement.
TITLE III--WATERSHED FORESTRY
ASSISTANCE
Sec. 301. Findings and purpose.
Sec. 302. Establishment
of watershed forestry assistance program.
TITLE IV--INSECT INFESTATIONS
Sec. 401. Definitions, findings,
and purpose.
Sec. 402. Accelerated information
gathering regarding bark beetles, including Southern pine beetles, hemlock
woolly adelgid, emerald ash borers, red oak borers, and white oak borers.
Sec. 403. Applied silvicultural
assessments.
Sec. 404. Relation to other
laws.
Sec. 405. 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. Conservation plans.
Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 507. Authorization
of appropriations.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Forest stands
inventory and monitoring program to improve detection of and response to
environmental threats.
SEC. 2. PURPOSE.
The purpose of this Act
is--
(1) to reduce the risks
of damage to communities, municipal water supplies, and some at-risk Federal
lands from catastrophic wildfires;
(2) to authorize grant programs
to improve the commercial value of forest biomass for electric energy,
useful heat, transportation fuels, petroleum-based product substitutes
and 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
information gathering to address the impact of insect infestations 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 degraded forest ecosystem types in order to promote the recovery
of threatened and endangered species as well as improve biological diversity
and enhance carbon sequestration.
TITLE I--HAZARDOUS FUELS REDUCTION
ON FEDERAL LANDS
SEC. 101. DEFINITIONS.
(1) AUTHORIZED HAZARDOUS
FUELS REDUCTION PROJECT- The term `authorized hazardous fuels reduction
project' means a hazardous fuels reduction project described in subsection
(a) of section 102, subject to the remainder of such section, that is planned
and conducted using the process authorized by section 104.
(2) CONDITION CLASS 2- The
term `condition class 2', with respect to an area of Federal lands, refers
to 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, under which--
(A) fire regimes on the
lands have been moderately altered from their historical range;
(B) there exists a moderate
risk of losing key ecosystem components from fire;
(C) fire frequencies have
departed (either increased or decreased) from historical frequencies by
one or more return interval, which results in moderate changes to fire
size, frequency, intensity, severity, or landscape patterns; and
(D) vegetation attributes
have been moderately altered from their historical range.
(3) CONDITION CLASS 3- The
term `condition class 3', with respect to an area of Federal lands, refers
to the condition class description developed by the Rocky Mountain Research
Station in the general technical report referred to in paragraph (2), under
which--
(A) fire regimes on the
lands have been significantly altered from their historical range
(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, which
results in dramatic changes to fire size, frequency, intensity, severity,
or landscape patterns; and
(D) vegetation attributes
have been significantly altered from their historical range.
(4) DAY- The term `day'
means a calendar day, except that, if a deadline imposed by this title
would expire on a nonbusiness day, the deadline will be extended to the
end of the next business day.
(5) DECISION DOCUMENT- The
term `decision document' means a decision notice or a record of decision,
as those terms are used in applicable regulations of the Council on Environmental
Quality and the Forest Service Handbook.
(6) FEDERAL LANDS- The term
`Federal lands' means--
(A) National Forest System
lands; and
(B) public lands administered
by the Secretary of the Interior, acting through the Bureau of Land Management.
(7) HAZARDOUS FUELS REDUCTION
PROJECT- The term `hazardous fuels reduction project' refers to the measures
and methods described in the definition of `appropriate tools' contained
in the glossary of the Implementation Plan.
(8) IMPLEMENTATION PLAN-
The term `Implementation Plan' means the Implementation Plan for the 10-year
Comprehensive Strategy for a Collaborative Approach for Reducing Wildland
Fire Risks to Communities and the Environment, dated May 2002, which was
developed pursuant to the conference report for the Department of the Interior
and Related Agencies Appropriations Act, 2001 (House Report 106-646).
(9) INTERFACE COMMUNITY
AND INTERMIX COMMUNITY- The terms `interface community' and `intermix community'
have the meanings given those terms on page 753 of volume 66 of the Federal
Register, as published on January 4, 2001.
(10) MUNICIPAL WATER SUPPLY
SYSTEM- The term `municipal water supply system' means the reservoirs,
canals, ditches, flumes, laterals, pipes, pipelines, or other surface facilities
and systems constructed or installed for the impoundment, storage, transportation,
or distribution of drinking water for a community.
(11) SECRETARY CONCERNED-
The term `Secretary concerned' means the Secretary of Agriculture with
respect to National Forest System lands and the Secretary of the Interior
with respect to public lands administered by the Bureau of Land Management.
Any reference in this title to the `Secretary concerned', the Secretary
of Agriculture', or the `Secretary of the Interior' includes the designee
of the Secretary concerned.
(12) THREATENED AND ENDANGERED
SPECIES HABITAT- The term `threatened and endangered species habitat' means
Federal lands identified in the listing decision or critical habitat designation
as habitat for a threatened species or an endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 102. AUTHORIZED HAZARDOUS
FUELS REDUCTION PROJECTS.
(a) AUTHORIZED PROJECTS-
Subject to the remainder of this section, the Secretary concerned may utilize
the process authorized by section 104 to plan and conduct hazardous fuels
reduction projects on any of the following Federal lands:
(1) Federal lands located
in an interface community or intermix community.
(2) Federal lands located
in such proximity to an interface community or intermix community that
there is a significant risk that the spread of a fire disturbance event
from those lands would threaten human life and property in the interface
community or intermix community.
(3) Condition class 3 or
condition class 2 Federal lands located in such proximity to a municipal
water supply system or a stream feeding a municipal water supply system
that a significant risk exists that a fire disturbance event would have
adverse effects on the water quality of the municipal water supply, including
the risk to water quality posed by erosion following such a fire disturbance
event.
(4) Condition class 3 or
condition class 2 Federal lands identified by the Secretary concerned as
an area where windthrow or blowdown, or the existence or threat of disease
or insect infestation, pose a significant threat to forest or rangeland
health or adjacent private lands.
(5) Federal lands not covered
by paragraph (1), (2), (3), or (4) that contain threatened and endangered
species habitat, but only if--
(A) natural fire regimes
on such lands are identified as being important for, or wildfire is identified
as a threat to, an endangered species, a threatened species, or its habitat
in a species recovery plan prepared under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533) or in a decision document under such section
determining a species to be an endangered species or a threatened species
or designating critical habitat;
(B) the project will provide
enhanced protection from catastrophic wildfire for the species or its habitat;
and
(C) the Secretary complies
with any applicable guidelines specified in the species recovery plan prepared
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) RELATION TO AGENCY PLANS-
An authorized hazardous fuels reduction project shall be planned and conducted
in a manner consistent with the land and resource management plan or land
use plan applicable to the Federal lands covered by the project.
(c) ACREAGE LIMITATION-
Not more than a total of 20,000,000 acres of Federal lands may be included
in authorized hazardous fuels reduction projects.
(d) TREE REMOVAL LIMITATION-
The Secretary concerned, in the sole discretion of the Secretary concerned,
shall plan and conduct an authorized hazardous fuels reduction project
so as to maintain species composition, size class distribution, and density
of trees, including old and large trees appropriate for each ecosystem
type covered by the project, consistent with the purposes of this title.
(e) EXCLUSION OF CERTAIN
FEDERAL LANDS- The Secretary concerned may not plan or conduct an authorized
hazardous fuels reduction project that would occur on any of the following
Federal lands:
(1) A component of the National
Wilderness Preservation System.
(2) Federal lands where,
by Act of Congress or Presidential proclamation, the removal of vegetation
is prohibited or restricted.
(3) Wilderness Study Areas.
(f) PROTECTION OF ROADLESS
AREAS- The Secretary of Agriculture shall not construct any new permanent
road in any Inventoried Roadless Area as part of any authorized hazardous
fuels reduction project.
SEC. 103. PRIORITIZATION FOR
COMMUNITIES AND WATERSHEDS.
As provided for in the Implementation
Plan, the Secretary concerned shall give priority to authorized hazardous
fuel reduction projects that provide for the protection of communities
and watersheds.
SEC. 104. ENVIRONMENTAL ANALYSIS.
(a) IN GENERAL- Except as
otherwise provided in this title, the Secretary concerned shall plan and
conduct authorized hazardous fuels reduction projects in accordance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
and any other applicable laws.
(b) DISCRETIONARY AUTHORITY
TO ELIMINATE ALTERNATIVES- In the case of an authorized hazardous fuels
reduction project, the Secretary concerned is not required to study, develop,
or describe any alternative to the proposed agency action in the environmental
assessment or environmental impact statement prepared for the proposed
agency action pursuant to section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)).
(c) PUBLIC NOTICE AND MEETING-
(1) PUBLIC NOTICE- The Secretary
concerned shall provide notice of each authorized hazardous fuels reduction
project in accordance with applicable regulations and administrative guidelines.
(2) PUBLIC MEETING- During
the planning stage of each authorized hazardous fuels reduction project,
the Secretary concerned shall conduct a public meeting at an appropriate
location proximate to the administrative unit of the Federal lands in which
the authorized hazardous fuels reduction project will be conducted. The
Secretary concerned shall provide advance notice of the date and time of
the meeting.
(d) PUBLIC COLLABORATION-
In order to encourage meaningful public participation in the identification
and development of authorized hazardous fuels reduction projects, the Secretary
concerned shall facilitate collaboration among governments and interested
persons during the formulation of each authorized fuels reduction project
in a manner consistent with the Implementation Plan.
(e) 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 in effect on the date of the enactment of this
Act, the Secretary concerned shall provide an opportunity for public input
during the preparation of any environmental assessment or environmental
impact statement for proposed agency action for an authorized hazardous
fuels reduction project.
(f) DECISION DOCUMENT- The
Secretary concerned shall sign a decision document for each authorized
hazardous fuels reduction project and provide notice of the decision document.
(g) PROJECT MONITORING-
As provided for in the Implementation Plan, the Secretary concerned shall
monitor the implementation of authorized hazardous fuels reduction projects.
SEC. 105. SPECIAL FOREST SERVICE
ADMINISTRATIVE REVIEW PROCESS.
(a) DEVELOPMENT OF ADMINISTRATIVE
PROCESS- Not later than 90 days after the date of the enactment of this
Act, the Secretary of Agriculture shall issue final regulations to establish
an administrative process that will serve as the sole means by which a
person described in subsection (c) can seek administrative redress regarding
an authorized hazardous fuels reduction project.
(b) ELIGIBLE PERSONS- To
be eligible to participate in the administrative process developed pursuant
to subsection (a) regarding an authorized hazardous fuels reduction project,
a person must have submitted specific and substantive written comments
during the preparation stage of that authorized hazardous fuels reduction
project.
(c) RELATION TO APPEALS
REFORM ACT- Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note), does
not apply to an authorized hazardous fuels reduction project.
SEC. 106. SPECIAL REQUIREMENTS
REGARDING JUDICIAL REVIEW OF AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.
(1) TIME LIMIT ESTABLISHED
FOR FILING- Notwithstanding any other provision of law, to be timely, an
action in a court of the United States challenging an authorized hazardous
fuels reduction project shall be filed in the court before the end of the
15-day period beginning on the date on which the Secretary concerned publishes,
in the local paper of record, notice of the final agency action regarding
the authorized hazardous fuels reduction project. This time limitation
supersedes any notice of intent to file suit requirement or filing deadline
otherwise applicable to a challenge under any provision of law.
(2) WAIVER PROHIBITED- The
Secretary concerned may not agree to, and a district court may not grant,
a waiver of the requirements of this subsection.
(b) DURATION OF PRELIMINARY
INJUNCTION-
(1) DURATION; EXTENSION-
Any preliminary injunction granted regarding an authorized hazardous fuels
reduction project shall be limited to 45 days. A court may renew the preliminary
injunction, taking into consideration the goal expressed in subsection
(c) for the expeditious resolution of cases regarding authorized hazardous
fuels reduction projects.
(2) SUBMISSION OF INFORMATION-
As part of a request to renew a preliminary injunction granted regarding
an authorized hazardous fuels reduction project, the parties shall present
the court with an update on any changes that may have occurred during the
period of the injunction to the forest or rangeland conditions that the
authorized hazardous fuels reduction project is intended to address.
(3) CONGRESSIONAL NOTIFICATION-
In the event of the renewal of a preliminary injunction regarding an authorized
hazardous fuels reduction project, the Secretary concerned shall submit
notice of the renewal to the Committee on Resources and the Committee on
Agriculture of the House of Representatives and the Committee on Energy
and Natural Resources and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(c) EXPEDITIOUS COMPLETION
OF JUDICIAL REVIEW- Congress intends and encourages any court in which
is filed a lawsuit or appeal of a lawsuit concerning an authorized hazardous
fuels reduction project to expedite, to the maximum extent practicable,
the proceedings in such lawsuit or appeal with the goal of rendering a
final determination on jurisdiction, and if jurisdiction exists, a final
determination on the merits, within 100 days from the date the complaint
or appeal is filed.
SEC. 107. STANDARD FOR INJUNCTIVE
RELIEF FOR AGENCY ACTION TO RESTORE FIRE-ADAPTED FOREST OR RANGELAND ECOSYSTEMS.
If an action brought against
the Secretary concerned under section 703 of title 5, United States Code,
involves an agency action on Federal lands in which the Secretary concerned
found that the agency action is necessary to restore a fire-adapted forest
or rangeland ecosystem, including an authorized hazardous fuels reduction
project, the court reviewing the agency action, in considering a request
for a prohibitory or mandatory injunction against the agency action, shall--
(1) consider the public
interest in avoiding long-term harm to the ecosystem; and
(2) give deference to any
agency finding, based upon information in the administrative record, 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.
SEC. 108. RULES OF CONSTRUCTION.
(a) RELATION TO OTHER AUTHORITY-
Nothing in this title shall be construed to affect, or otherwise bias,
the use by the Secretary concerned of other statutory or administrative
authorities to plan or conduct a hazardous fuels reduction project on Federal
lands, including Federal lands identified in section 102(e), that is not
planned or conducted using the process authorized by section 104.
(b) RELATION TO LEGAL ACTION-
Nothing in this title shall be construed to prejudice or otherwise affect
the consideration or disposition of any legal action concerning the Roadless
Area Conservation Rule, part 294 of title 36, Code of Federal Regulations,
as amended in the final rule and record of decision published in the Federal
Register on January 12, 2001 (66 Fed. Reg. 3244).
TITLE II--BIOMASS
SEC. 201. FINDINGS.
Congress finds the following:
(1) Thousands of communities
in the United States, many located near Federal lands, are at risk to wildfire.
Approximately 190,000,000 acres of land managed by the Secretary of Agriculture
and the Secretary of the Interior are at risk of catastrophic fire in the
near future. The accumulation of heavy forest and rangeland fuel loads
continues to increase as a result of disease, insect infestations, and
drought, further raising the risk of fire each year.
(2) In addition, more than
70,000,000 acres across all land ownerships are at risk to higher than
normal mortality over the next 15 years from insect infestation and disease.
High levels of tree mortality
from insects and disease result
in increased fire risk, loss of old growth, degraded watershed conditions,
and changes in species diversity and productivity, as well as diminished
fish and wildlife habitat and decreased timber values.
(3) Preventive treatments
such as removing fuel loading, ladder fuels, and hazard trees, planting
proper species mix and restoring and protecting early successional habitat,
and other specific restoration treatments designed to reduce the susceptibility
of forest and rangeland to insect outbreaks, disease, and catastrophic
fire present the greatest opportunity for long-term forest and rangeland
health by creating a mosaic of species-mix and age distribution. Such prevention
treatments are widely acknowledged to be more successful and cost effective
than suppression treatments in the case of insects, disease, and fire.
(4) The by-products of preventive
treatment (wood, brush, thinnings, chips, slash, and other hazardous fuels)
removed from forest and rangelands represent an abundant supply of biomass
for biomass-to-energy facilities and raw material for business. There are
currently few markets for the extraordinary volumes of by-products being
generated as a result of the necessary large-scale preventive treatment
activities.
(5) The United States should--
(A) promote economic and
entrepreneurial opportunities in using by-products removed through preventive
treatment activities related to hazardous fuels reduction, disease, and
insect infestation; and
(B) develop and expand markets
for traditionally underused wood and biomass as an outlet for by-products
of preventive treatment activities.
SEC. 202. DEFINITIONS.
(1) BIOMASS- The term `biomass'
means trees and woody plants, including limbs, tops, needles, and other
woody parts, and by-products of preventive treatment, such as wood, brush,
thinnings, chips, and slash, that are removed--
(A) to reduce hazardous
fuels; or
(B) to reduce the risk of
or to contain disease or insect infestation.
(2) INDIAN TRIBE- The term
`Indian tribe' has the meaning given the term in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(3) PERSON- The term `person'
includes--
(B) a community (as determined
by the Secretary concerned);
(D) a small business, micro-business,
or a corporation that is incorporated in the United States; and
(E) a nonprofit organization.
(4) PREFERRED COMMUNITY-
The term `preferred community' means--
(A) any town, township,
municipality, or other similar unit of local government (as determined
by the Secretary concerned) that--
(i) has a population of
not more than 50,000 individuals; and
(ii) the Secretary concerned,
in the sole discretion of the Secretary concerned, determines contains
or is located near land, the condition of which is at significant risk
of catastrophic wildfire, disease, or insect infestation or which suffers
from disease or insect infestation; or
(i) is not contained within
a metropolitan statistical area; and
(ii) the Secretary concerned,
in the sole discretion of the Secretary concerned, determines contains
or is located near land, the condition of which is at significant risk
of catastrophic wildfire, disease, or insect infestation or which suffers
from disease or insect infestation.
(5) SECRETARY CONCERNED-
The term `Secretary concerned' means--
(A) the Secretary of Agriculture
with respect to National Forest System lands; and
(B) the Secretary of the
Interior with respect to Federal lands under the jurisdiction of the Secretary
of the Interior and Indian lands.
SEC. 203. GRANTS TO IMPROVE
THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT,
TRANSPORTATION FUELS, AND PETROLEUM-BASED PRODUCT SUBSTITUTES.
(a) BIOMASS COMMERCIAL USE
GRANT PROGRAM-
(1) IN GENERAL- The Secretary
concerned may make grants to any person that owns or operates a facility
that uses biomass as a raw material to produce electric energy, sensible
heat, transportation fuels, or substitutes for petroleum-based products
to offset the costs incurred to purchase biomass for use by such facility.
(2) GRANT AMOUNTS- A grant
under this subsection may not exceed $20 per green ton of biomass delivered.
(3) MONITORING OF GRANT
RECIPIENT ACTIVITIES- As a condition of a grant under this subsection,
the grant recipient shall keep such records as the Secretary concerned
may require to fully and correctly disclose the use of the grant funds
and all transactions involved in the purchase of biomass. Upon notice by
a representative of the Secretary concerned, the grant recipient shall
afford the representative reasonable access to the facility that purchases
or uses biomass and an opportunity to examine the inventory and records
of the facility.
(b) VALUE ADDED GRANT PROGRAM-
(1) IN GENERAL- The Secretary
concerned may make grants to persons to offset the cost of projects to
add value to biomass. In making such grants, the Secretary concerned shall
give preference to persons in preferred communities.
(2) SELECTION- The Secretary
concerned shall select a grant recipient under paragraph (1) after giving
consideration to the anticipated public benefits of the project, opportunities
for the creation or expansion of small businesses and micro-businesses,
and the potential for new job creation.
(3) GRANT AMOUNT- A grant
under this subsection may not exceed $100,000.
(c) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated $25,000,000 for each of the fiscal
years 2004 through 2008 to carry out this section.
SEC. 204. REPORTING REQUIREMENT.
(a) REPORT REQUIRED- Not
later than October 1, 2010, the Secretary of Agriculture, in consultation
with the Secretary of the Interior, shall submit to the Committee on Resources
and the Committee on Agriculture of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the results of
the grant programs authorized by section 203.
(b) CONTENTS OF REPORT-
The report shall include the following:
(1) An identification of
the size, type, and the use of biomass by persons that receive grants under
section 203.
(2) The distance between
the land from which the biomass was removed and the facility that used
the biomass.
(3) The economic impacts,
particularly new job creation, resulting from the grants to and operation
of the eligible operations.
TITLE III--WATERSHED FORESTRY
ASSISTANCE
SEC. 301. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds
the following:
(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 lands 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 its restoration
worthy of special focus.
(4) Strengthened education,
technical assistance, and financial assistance to nonindustrial private
forest landowners and communities, relating to the protection of watershed
health, is needed to realize the expectations of the general public.
(b) PURPOSE- The purpose
of this title is to--
(1) improve landowner and
public understanding of the connection between forest management and watershed
health;
(2) encourage landowners
to maintain tree cover on their property and to utilize tree plantings
and vegetative treatments as creative solutions to watershed problems associated
with varying land uses;
(3) enhance and complement
forest management and buffer utilization for watersheds, with an emphasis
on urban watersheds;
(4) establish new partnerships
and collaborative watershed approaches to forest management, stewardship,
and conservation;
(5) provide technical and
financial assistance to States to deliver a coordinated program that enhances
State forestry best-management practices programs, as well as conserves
and improves forested lands and potentially forested lands through technical,
financial, and educational assistance to qualifying individuals and entities;
and
(6) maximize the proper
management and conservation of wetland forests and to assist in their restoration
as necessary.
SEC. 302. ESTABLISHMENT OF WATERSHED
FORESTRY ASSISTANCE PROGRAM.
The Cooperative Forestry
Assistance Act of 1978 is amended by inserting after section 5 the following
new section:
`SEC. 6. WATERSHED FORESTRY
ASSISTANCE.
`(a) GENERAL AUTHORITY AND
PURPOSE- The Secretary, acting through the Forest Service, may provide
technical, financial, and related assistance to State foresters and equivalent
State officials 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
lands and potentially forested lands.
`(b) 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, 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 local,
State, and regional levels;
`(B) to provide State forestry
best-management practices and water quality technical assistance directly
to nonindustrial private forest landowners;
`(C) to provide technical
guidance to land managers and policy makers 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;
`(E) to provide enhanced
forest resource data and support for improved implementation
and monitoring of State forestry
best-management practices.
`(3) IMPLEMENTATION- The
program of technical assistance shall be implemented by State foresters
or equivalent State officials.
`(c) WATERSHED FORESTRY
COST-SHARE PROGRAM-
`(1) IN GENERAL- The Secretary
shall establish a watershed forestry cost-share program to be administered
by the Forest Service and implemented by State foresters or equivalent
State officials. Funds or other support provided under such program shall
be made available for State forestry best-management practices programs
and watershed forestry projects.
`(2) WATERSHED FORESTRY
PROJECTS- The State forester or equivalent State official of a State, in
coordination with the State Forest Stewardship Coordinating Committee established
under section 19(b) for that State, shall annually make awards to communities,
nonprofit groups, and nonindustrial private forest landowners 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) the restoration of
wetland (as defined by the States) and stream-side forests and the establishment
of riparian vegetative buffers.
`(4) COST-SHARING- Funds
provided under this subsection for a watershed forestry project may not
exceed 75 percent of the cost of the project. Other Federal funding sources
may be used to cover a portion of the remaining project costs, but the
total Federal share of the costs may not exceed 90 percent. The non-Federal
share of the costs of a project may be in the form of cash, services, or
other in-kind contributions.
`(5) PRIORITIZATION- The
State Forest Stewardship Coordinating Committee for a State 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 best-management
practice forester to lead statewide programs and coordinate small watershed-level
projects.
`(1) IN GENERAL- The Secretary
shall devote at least 75 percent of the funds appropriated for a fiscal
year pursuant to the authorization of appropriations in subsection (e)
to the cost-share program under subsection (c) and the remainder to the
task of delivering technical assistance, education, and planning on the
ground through the State Forester or equivalent State official.
`(2) SPECIAL CONSIDERATIONS-
Distribution of these funds by the Secretary among the States shall be
made only after giving appropriate consideration to--
`(A) the acres of nonindustrial
private forestland and highly erodible land in each State;
`(B) each State's efforts
to conserve forests;
`(C) the acres of forests
in each State that have been lost or degraded or where forests can play
a role in restoring watersheds; and
`(D) the number of nonindustrial
private forest landowners in each State.
`(e) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated to carry out this section $15,000,000
for each of the fiscal years 2004 through 2008.'.
TITLE IV--INSECT INFESTATIONS
SEC. 401. DEFINITIONS, FINDINGS,
AND PURPOSE.
(a) DEFINITIONS- In this
title:
(1) APPLIED SILVICULTURAL
ASSESSMENT- The term `applied silvicultural assessment' means any vegetative
or other treatment, for the purposes described in section 402, including
timber harvest, thinning, prescribed burning, and pruning, as single treatment
or any combination of these treatments.
(2) FEDERAL LANDS- The term
`Federal lands' means--
(A) National Forest System
lands; and
(B) public lands administered
by the Secretary of the Interior, acting through the Bureau of Land Management.
(3) SECRETARY CONCERNED-
The term `Secretary concerned' means--
(A) the Secretary of Agriculture,
acting through the Forest Service, with respect to National Forest System
lands; 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.
(4) 1890 INSTITUTIONS- The
term `1890 Institution' means a college or university eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including
Tuskegee University.
(b) FINDINGS- Congress finds
the following:
(1) High levels of tree
mortality due to insect infestation result in--
(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) Bark beetles destroy
hundreds of thousands of acres of trees each year. In the West, over 21,000,000
acres are at high risk of bark beetle infestation and in the South over
57,000,000 acres are at risk across all land ownerships. Severe drought
conditions in many areas of the South and West will increase risk of bark
beetle infestations.
(3) The hemlock woolly adelgid
is destroying streamside forests throughout the mid-Atlantic and Appalachian
region, threatening water quality and sensitive aquatic species, and posing
a potential threat to valuable commercial timber lands in Northern New
England.
(4) The emerald ash borer
is a nonnative, invasive pest that has quickly become a major threat to
hardwood forests as a emerald ash borer infestation is almost always fatal
to the affected trees. This pest threatens to destroy over 692,000,000
ash trees in forests in Michigan and Ohio alone, and between five and ten
percent of urban street trees in the Upper Midwest.
(5) Epidemic populations
of Southern pine beetle are ravaging forests in Alabama, Arkansas, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee,
and Virginia. In 2001, Florida and Kentucky experienced 146 percent and
111 percent increases, respectively, in beetle populations.
(6) These epidemic outbreaks
of Southern pine beetle have forced private landowners to harvest dead
and dying trees, in both rural areas and increasingly urbanized settings.
(7) According to the Forest
Service, recent outbreaks of the red oak borer in Arkansas have been unprecedented,
with almost 800,000 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) Previous silvicultural
assessments, while useful and informative, have been limited in scale and
scope of application, and there has not been sufficient resources available
to adequately test a full array of individual and combined applied silvicultural
assessments.
(10) Only through the rigorous
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) Funding and implementation
of an initiative to combat forest pest infestations should not come at
the expense of supporting other programs and initiatives of the Secretary
concerned.
(c) PURPOSE- It is the purpose
of this title--
(1) to require the Secretary
concerned to develop an accelerated basic and applied assessment program
to combat infestations by bark beetles, including Southern pine beetles,
hemlock woolly adelgids, emerald ash borers, red oak borers, and white
oak borers;
(2) to enlist the assistance
of universities and forestry schools, including Land Grant Colleges and
Universities and 1890 Institutions, to carry out the program; and
(3) to carry out applied
silvicultural assessments.
SEC. 402. ACCELERATED INFORMATION
GATHERING REGARDING BARK BEETLES, INCLUDING SOUTHERN PINE BEETLES, HEMLOCK
WOOLLY ADELGIDS, EMERALD ASH BORERS, RED OAK BORERS, AND WHITE OAK BORERS.
(a) INFORMATION GATHERING-
The Secretary concerned shall establish, acting through the Forest Service
and United States Geological Survey, as appropriate, an accelerated program--
(1) to plan, conduct, and
promote comprehensive and systematic information gathering on bark beetles,
including Southern pine beetles, hemlock woolly adelgids, emerald ash borers,
red oak borers, and white oak borers, including an evaluation of--
(A) infestation prevention
and control methods;
(B) effects of infestations
on forest ecosystems;
(C) restoration of the forest
ecosystem efforts;
(D) utilization options
regarding infested trees; and
(E) models to predict the
occurrence, distribution, and impact of outbreaks of bark beetles, including
Southern pine beetles, hemlock woolly adelgids, emerald ash borers, red
oak borers, and white oak borers;
(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 bark beetles, including Southern pine beetles, hemlock woolly adelgids,
emerald ash borers, red oak borers, and white oak borers on Federal lands
and State and private lands; and
(3) to disseminate the results
of such information gathering, treatments, and strategies.
(b) COOPERATION AND ASSISTANCE-
The Secretary concerned shall establish and carry out the program in cooperation
with scientists from universities and forestry schools, State agencies,
and private and industrial land owners. The Secretary concerned shall designate
universities and forestry schools, including Land Grant Colleges and Universities
and 1890 Institutions, to assist in carrying out the program.
SEC. 403. APPLIED SILVICULTURAL
ASSESSMENTS.
(a) ASSESSMENT EFFORTS-
For information gathering purposes, the Secretary concerned may conduct
applied silvicultural assessments on Federal lands that the Secretary concerned
determines, in the sole discretion of the Secretary concerned, is at risk
of infestation by, or is infested with, bark beetles, including Southern
pine beetles, hemlock woolly adelgids, emerald ash borers, red oak borers,
and white oak borers. Any applied silvicultural assessments carried out
under this section shall be conducted on not more than 1,000 acres per
assessment.
(1) EXCLUSION OF CERTAIN
AREAS- Subsection (a) does not apply to--
(A) a component of the National
Wilderness Preservation System;
(B) Federal lands where,
by Act of Congress or Presidential proclamation, the removal of vegetation
is restricted or prohibited; or
(C) congressionally designated
wilderness study areas.
(2) CERTAIN TREATMENT PROHIBITED-
Subsection (a) does not authorize the application of insecticides in municipal
watersheds and associated riparian areas.
(3) ACREAGE LIMITATION-
Applied silvicultural assessments may be implemented on not more than 250,000
acres using the authorities provided by this title.
(c) PUBLIC NOTICE AND COMMENT-
(1) PUBLIC NOTICE- The Secretary
concerned shall provide notice of each applied silvicultural assessment
proposed to be carried out under this section in accordance with applicable
regulations and administrative guidelines.
(2) PUBLIC COMMENT- During
the planning stage of each applied silvicultural assessment proposed to
be carried out under this section, the Secretary concerned shall provide
an opportunity for public input.
(d) CATEGORICAL EXCLUSION-
Applied silvicultural assessments carried out under this section are deemed
to be categorically excluded from further analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary concerned need
not make any findings as to whether the project, either individually or
cumulatively, has a significant effect on the environment.
SEC. 404. RELATION TO OTHER
LAWS.
The authorities provided
to the Secretary concerned by this title are supplemental to their respective
authorities provided in any other law.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be
appropriated for fiscal years 2004 through 2008 such sums as may be necessary
to carry out this title.
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 as a
program within the Forest Service for the purpose of protecting, restoring,
and enhancing degraded forest ecosystems to promote the recovery of threatened
and endangered species as well as improve biodiversity and enhance carbon
sequestration.
(b) COOPERATION- The Secretary
of Agriculture shall carry out the healthy forests reserve program in cooperation
with the Secretary of the Interior, acting through the United States Fish
and Wildlife Service.
SEC. 502. ELIGIBILITY AND ENROLLMENT
OF LANDS IN PROGRAM.
(a) ELIGIBLE LANDS- The
Secretary of Agriculture, in consultation with the Secretary of the Interior,
shall designate rare forest ecosystems to be eligible for the healthy forests
reserve program. The following lands are eligible for enrollment in the
healthy forests reserve program:
(1) Private lands whose
enrollment will protect, restore, enhance, or otherwise measurably increase
the likelihood of recovery of an endangered species or threatened species
in the wild.
(2) Private lands whose
enrollment will protect, restore, enhance, or otherwise measurably increase
the likelihood of the recovery of an animal or plant species before the
species reaches threatened or endangered status, such as candidate, State-listed
species, rare, peripheral, and special concern species.
(b) OTHER CONSIDERATIONS-
In enrolling lands that satisfy the criteria in paragraph (1) or (2) of
subsection (a), the Secretary of Agriculture shall give additional consideration
to those lands whose enrollment will also improve biological diversity
and increase carbon sequestration.
(c) ENROLLMENT BY WILLING
OWNERS- The Secretary of Agriculture shall enroll lands in the healthy
forests reserve program only with the consent of the owner of the lands.
(d) MAXIMUM ENROLLMENT-
The total number of acres enrolled in the healthy forests reserve program
shall not exceed 1,000,000 acres.
(e) METHODS OF ENROLLMENT-
Lands may be enrolled in the healthy forests reserve program pursuant to
a 10-year cost-share agreement, a 30-year easement, or a permanent easement
with buyback option. 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.
(f) ENROLLMENT PRIORITY-
The Secretary of Agriculture shall give priority to the enrollment of lands
that, in the sole discretion of the Secretary, will provide the best opportunity
to resolve conflicts between the presence of an animal or plant species
referred to in paragraph (1) or (2) of subsection (a) and otherwise lawful
land use activities.
SEC. 503. CONSERVATION PLANS.
(a) PLAN REQUIRED- Lands
enrolled in the healthy forests reserve program shall be subject to a conservation
plan, to be developed jointly by the land owner and the United States Fish
and Wildlife Service. The conservation plan shall include a description
of the land-use activities that are permissible on the enrolled lands.
(b) INVOLVEMENT BY OTHER
AGENCIES AND ORGANIZATIONS- A State fish and wildlife agency, State forestry
agency, State environmental quality agency, and other State conservation
agencies and nonprofit conservation organizations may assist in providing
technical or financial assistance, or both, for the development and implementation
of conservation plans.
(c) COST EFFECTIVENESS-
The conservation plan shall maximize the environmental benefits per dollar
expended.
SEC. 504. FINANCIAL ASSISTANCE.
(a) PERMANENT EASEMENT WITH
BUYBACK OPTION-
(1) PAYMENT AMOUNT- In the
case of land enrolled in the healthy forests reserve program using a permanent
easement with a buyback option, the Secretary of Agriculture shall pay
the owner of the land an amount equal to--
(A) the fair market value
of the enrolled land less the fair market value of the land encumbered
by the easement; plus
(B) the actual costs of
the approved conservation practices or the average cost of approved practices,
as established by the Secretary.
(2) BUYBACK OPTION- Beginning
on the 50th anniversary of the enrollment of the land, and every 10th-year
thereafter, the owner shall be able to purchase the easement back from
the United States at a rate equal to the fair market value of the easement
plus the costs, adjusted for inflation, of the approved conservation practices.
(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--
(1) 75 percent of the fair
market value of the land less the fair market value of the land encumbered
by the easement; plus
(2) 75 percent of the actual
costs of the approved conservation practices or 75 percent of the average
cost of approved practices, as established by the Secretary.
(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--
(1) 75 percent of the actual
costs of the approved conservation practices; or
(2) 75 percent of the average
cost of approved practices, as established by the Secretary.
(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.
The Forest Service and the
United States Fish and Wildlife Service shall provide landowners with technical
assistance to comply with the terms of agreements and easements under the
healthy forests reserve program and conservation plans.
SEC. 506. SAFE HARBOR.
In implementing the healthy
forests reserve program, the Secretary of the Interior shall provide safe
harbor or similar assurances, through section 7 or other authorities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), consistent
with the implementing regulations of the United States Fish and Wildlife
Service, to landowners who enroll land in the healthy forests reserve program
when such enrollment will result in a net conservation benefit for listed
species.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to
be appropriated $15,000,000 for each of the fiscal years 2004 through 2008
to carry out this title.
TITLE VI--MISCELLANEOUS PROVISIONS
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 are authorized to be appropriated to carry out this section $5,000,000
for each of the fiscal years 2004 through 2008.
END
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