To improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to prepare and conduct hazardous fuels reduction projects on National Forest System land and Bureau of Land Management land that are aimed at protecting communities, watersheds, and certain other at-risk land from catastrophic wildfire, to enhance efforts to protect watersheds and address threats to forest and rangeland health on public and private land, including catastrophic wildfire, to increase research on forest health and forest-damaging agents, and for other purposes.

To improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to prepare and conduct hazardous fuels reduction projects on National Forest System land and Bureau of Land Management land that are aimed at protecting communities, watersheds, and certain other at-risk land from catastrophic wildfire, to enhance efforts to protect watersheds and address threats to forest and rangeland health on public and private land, including catastrophic wildfire, to increase research on forest health and forest-damaging agents, 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 `America's Healthy Forest Restoration and Research Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

TITLE I--HAZARDOUS FUELS REDUCTION ON FEDERAL LAND

Sec. 101. Findings.

Sec. 102. Definitions.

Sec. 103. Authorized hazardous fuels reduction projects.

Sec. 104. Prioritization for communities and watersheds.

Sec. 105. Environmental analysis.

Sec. 106. Special Forest Service administrative review process.

Sec. 107. Special requirements regarding judicial review of authorized hazardous fuels reduction projects.

Sec. 108. Standard for injunctive relief for agency action to restore fire-adapted forest or rangeland ecosystems.

Sec. 109. Local preference contracting.

Sec. 110. Effect of title.

TITLE II--BIOMASS

Sec. 201. Findings.

Sec. 202. Definitions.

Sec. 203. Grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and for other commercial purposes.

Sec. 204. Reporting requirement.

TITLE III--WATERSHED FORESTRY ASSISTANCE

Sec. 301. Findings and purposes.

Sec. 302. Watershed forestry assistance program.

TITLE IV--RESEARCH

Subtitle A--General Provisions

Sec. 401. Findings and purposes.

Sec. 402. Definitions.

Sec. 403. Cooperation and assistance.

Sec. 404. Relation to other laws.

Subtitle B--Accelerated Information Gathering and Applied Silvicultural Research

Sec. 411. Accelerated information gathering.

Sec. 412. Applied silvicultural research.

Sec. 413. Authorization of appropriations.

Subtitle C--Forest Stands Inventory and Monitoring

Sec. 421. Forest land inventory and monitoring program to improve detection of and response to environmental threats.

Subtitle D--Biomass

Sec. 431. Improved biomass use research program.

Subtitle E--Revitalization and Research

Sec. 441. Rural revitalization through forestry.

Sec. 442. Upland Hardwoods Research Center.

TITLE V--HEALTHY FORESTS RESERVE PROGRAM

Sec. 501. Establishment of healthy forests reserve program.

Sec. 502. Eligibility and enrollment of land in program.

Sec. 503. Restoration plans.

Sec. 504. Financial assistance.

Sec. 505. Technical assistance.

Sec. 506. Assurances and measures.

Sec. 507. Involvement by other agencies and organizations.

Sec. 508. Authorization of appropriations.

TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Program for emergency treatment and reduction of nonnative invasive plants.

Sec. 602. Sense of Congress regarding enhanced community fire protection.

SEC. 2. PURPOSES.

The purposes of this Act are--

(1) to reduce the risks and severity of damage to communities, municipal water supplies, and certain at-risk Federal land from catastrophic wildfires, insects, disease, and other damaging agents;

(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 fuels, and petroleum-based product substitutes, and for other commercial purposes;

(3) to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape;

(4) to promote systematic gathering of information to address the impact of fire, 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;

(6) to advance research to improve the use of biomass and hardwood species;

(7) to restore and enhance components of the forest ecosystem--

(A) to promote the recovery of threatened and endangered species;

(B) to improve biological diversity; and

(C) to enhance productivity and carbon sequestration; and

(8) to authorize a grant program to address the threat of catastrophic fire resulting from infestation by nonnative species.

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).

SEC. 101. FINDINGS.

Congress finds that--

(1) thousands of communities in the United States, many of which are located near Federal land, are at risk of wildfire;

(2) 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;

(3) the accumulation of heavy forest and rangeland fuel loads continues to increase as a result of fire exclusion disease, insect infestations, and drought, further raising the risk of fire each year and increasing the threats to homes, businesses, and community watersheds;

(4) more than 70,000,000 acres of publicly and privately owned land are at risk of experiencing higher-than-normal mortality rates over the next 15 years as a result of insect infestation and disease;

(5) high rates of tree mortality from insects and disease result in increased fire risk, degraded watershed conditions, and changes in species diversity and productivity, as well as diminished fish and wildlife habitat and decreased timber values;

(6) preventive treatments, such as reducing fuel loads, crown density, ladder fuels, and hazard trees, planting proper species mixtures, restoring, protecting, and maintaining habitats in a diverse array of seral stages, 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; and

(7) those prevention treatments are widely acknowledged to be more successful and cost-effective than suppression treatments in the case of insects, disease, and fire.

SEC. 102. DEFINITIONS.

In this title:

(1) AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECT- The term `authorized hazardous fuels reduction project' means a hazardous fuels reduction project on Federal land described in section 103(a) that is planned and conducted in accordance with sections 105 and 106.

(2) CONDITION CLASS 2- The term `condition class 2', with respect to an area of Federal land, means the condition class description developed by the Forest Service Rocky Mountain Research Station in the general technical report entitled `Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management' (RMRS-87), dated April 2000 (including any subsequent revision to the report), under which--

(A) fire regimes on the land have been moderately altered from historical ranges;

(B) there exists a moderate risk of losing key ecosystem components from fire;

(C) fire frequencies have increased or decreased from historical frequencies by 1 or more return intervals, resulting in moderate changes to--

(i) the size, frequency, intensity, or severity of fires; or

(ii) landscape patterns; and

(D) vegetation attributes have been moderately altered from the historical range of the attributes.

(3) 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 (2) (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.

(4) 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.

(5) DECISION DOCUMENT- The term `decision document' means a decision notice or record of decision, as those terms are used in applicable regulations of the Council on Environmental Quality and the Forest Service Handbook.

(6) HAZARDOUS FUELS REDUCTION PROJECT- The term `hazardous fuels reduction

(7) 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 in accordance with the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291) (including any subsequent revision to the Plan).

(8) INTERFACE COMMUNITY- The term `interface community' has the meaning given the term in the notice published at 66 Fed. Reg. 751 (January 4, 2001) (including any subsequent revision to the notice).

(9) INTERMIX COMMUNITY- The term `intermix community' has the meaning given the term in the notice published at 66 Fed. Reg. 751 (January 4, 2001) (including any subsequent revision to the notice).

(10) MUNICIPAL WATERSHED- The term `municipal watershed' means the land, waterways, impoundments, and storage areas used to collect and distribute drinking water to a community.

(11) 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 paragraph (6)(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 paragraph (6)(B) under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

(12) 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).

(13) 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.

SEC. 103. AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.

(a) AUTHORIZED PROJECTS- The Secretary may prepare and conduct hazardous fuels reduction projects on--

(1) Federal land located in an interface community or intermix community;

(2) Federal land 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 that land would threaten human life or property in proximity to or within the interface community or intermix community;

(3) condition class 3 or condition class 2 Federal land located in such proximity to a municipal watershed, 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 or the maintenance of the system, including the risk to water quality posed by erosion following such a fire disturbance event;

(4) Federal land on which the existence or threat of disease or insect infestation, or the aftermath of a severe weather event poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent private land;

(5) Federal land not described in paragraph (1), (2), (3), or (4) that contains threatened and endangered species habitat, if--

(A)(i) 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--

(I) a species recovery plan prepared under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or

(II) a notice published in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat;

(ii) the threatened or endangered species habitat contains land in condition class 2 or condition class 3;

(B) the project will provide enhanced protection from catastrophic wildfire for the endangered species, threatened species, or habitat of the endangered species or threatened species; and

(C) the Secretary complies with any applicable guidelines specified in any recovery plan described in subparagraph (A).

(b) RELATION TO AGENCY PLANS- An authorized hazardous fuels reduction project shall be prepared and conducted in a manner consistent with the resource management plan applicable to the Federal land covered by the project.

(c) EXCLUSION OF CERTAIN FEDERAL LAND- The Secretary may not prepare or conduct an authorized hazardous fuels reduction project that would occur on--

(1) a component of the National Wilderness Preservation System;

(2) Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is prohibited or restricted; or

(3) a Wilderness Study Area.

SEC. 104. PRIORITIZATION FOR COMMUNITIES AND WATERSHEDS.

As provided for in the Implementation Plan, the Secretary shall give priority to authorized hazardous fuel reduction projects that provide for the protection of communities and watersheds.

SEC. 105. ENVIRONMENTAL ANALYSIS.

(a) HAZARDOUS FUELS REDUCTION PROJECTS-

(1) IN GENERAL- Except as otherwise provided in this title, the Secretary shall prepare and conduct authorized hazardous fuels reduction projects in accordance with--

(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.); and

(B) other applicable laws.

(2) ENVIRONMENTAL ASSESSMENT OR 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 fuels reduction project.

(b) ALTERNATIVES- 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 in accordance with subsection (a)(2).

(c) PUBLIC NOTICE AND MEETING-

(1) PUBLIC NOTICE- The Secretary shall provide notice of each authorized hazardous fuels reduction project in accordance with applicable regulations and administrative guidelines, including a clear reference to applicable appeals requirements.

(2) PUBLIC MEETING- During the preparation stage of each authorized hazardous fuels 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 fuels reduction project will be conducted; and

(B) provide advance notice of the date, time, and location 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 shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation 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 applicable regulations and administrative guidelines, the Secretary 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 shall sign a decision document for each authorized hazardous fuels reduction project and provide notice of the decision document.

(g) PROJECT MONITORING- In accordance with the Implementation Plan, the Secretary shall monitor the implementation of authorized hazardous fuels reduction projects.

SEC. 106. 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 promulgate final regulations to establish an administrative process that will serve as the sole means by which a person described in subsection (b) can seek administrative redress regarding an authorized hazardous fuels reduction project.

(b) ELIGIBLE PERSONS-

(1) IN GENERAL- To be eligible to participate in the administrative process established under subsection (a) with respect to an authorized hazardous fuels reduction project, a person shall submit specific and substantive written comments during the preparation stage of the authorized hazardous fuels reduction project.

(2) NOTICE AND COMMENT- The Secretary of Agriculture shall ensure that, during the preparation stage of each authorized hazardous fuels reduction project, notice and comment is provided in a manner sufficient to permit interested persons a reasonable opportunity to comply with this subsection.

(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. 107. SPECIAL REQUIREMENTS REGARDING JUDICIAL REVIEW OF AUTHORIZED HAZARDOUS FUELS REDUCTION PROJECTS.

(a) FILING DEADLINE-

(1) TIME LIMIT ESTABLISHED FOR FILING-

(A) IN GENERAL- 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 publishes notice of the final agency action regarding the authorized hazardous fuels reduction project.

(B) APPLICABILITY- The time limitation under subparagraph (A) supersedes any requirement regarding notice of intent to file a lawsuit, or filing deadline, otherwise applicable

(2) WAIVER PROHIBITED- The Secretary may not agree to, and a court of the United States may not grant, a waiver of the requirements of this subsection.

(b) DURATION OF PRELIMINARY INJUNCTION-

(1) DURATION; EXTENSION-

(A) DURATION- Any preliminary injunction, or injunction pending appeal, granted by a court of the United States regarding an authorized hazardous fuels reduction project shall be limited to 45 days.

(B) EXTENSION- 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, or injunction pending appeal, granted regarding an authorized hazardous fuels reduction project, the parties involved shall present to the court a description of 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, or injunction pending appeal, regarding an authorized hazardous fuels reduction project, the Secretary shall submit notice of the renewal to--

(A) the Committee on Resources and the Committee on Agriculture of the House of Representatives; and

(B) 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 an action or appeal of an action challenging a lawsuit or appeal of a lawsuit challenging an authorized hazardous fuels reduction project to expedite, to the maximum extent practicable, the proceedings in the lawsuit or appeal with the goal of rendering, not later than 100 days after the date on which the lawsuit or appeal is filed--

(1) a final determination on jurisdiction; and

(2) if jurisdiction exists, a final determination on the merits.

SEC. 108. STANDARD FOR INJUNCTIVE RELIEF FOR AGENCY ACTION TO RESTORE FIRE-ADAPTED FOREST OR RANGELAND ECOSYSTEMS.

If a civil action brought against the Secretary under section 703 of title 5, United States Code, involves an agency action on Federal land on which the Secretary 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) balance the impact to the ecosystem and forest resources likely affected by the project of the short- and long-term effects of undertaking the agency action against the short- and long-term effects of not undertaking the agency action; and

(2) give weight to a finding by the Secretary in the administrative record of the agency action concerning the short- and long-term effects of undertaking the agency action and of not undertaking the agency action, unless the court finds that the finding was arbitrary and capricious.

SEC. 109. LOCAL PREFERENCE CONTRACTING.

Notwithstanding any Federal procurement or contracting law, to provide employment and training and opportunities to individuals in rural communities, the Secretaries may award contracts, including contracts for monitoring activities, to entities that operate in a rural area and agree to hire or train a significant percentage of local individuals to complete the contracts, such as--

(1) local private, nonprofit, and cooperative entities;

(2) Youth Conservation Corps crews and related State, local, and nonprofit youth groups; and

(3) small businesses and microbusinesses.

SEC. 110. EFFECT OF TITLE.

(a) RELATION TO OTHER AUTHORITY- Nothing in this title affects, or otherwise biases, the use by the Secretary of other statutory or administrative authority to prepare or conduct a hazardous fuels reduction project on Federal land (including Federal land identified in section 102(d)) that is not prepared or conducted using the process authorized by section 104.

(b) RELATION TO LEGAL ACTION- Nothing in this title prejudices or otherwise affects the consideration or disposition of any legal action concerning the Roadless Area Conservation Rule contained in part 294 of title 36, Code of Federal Regulations, and amended in the final rule and record of decision published in the Federal Register on January 12, 2001 (66 Fed. Reg. 3244).

SEC. 201. FINDINGS.

Congress finds that--

(1)(A) the byproducts of vegetation management treatment (such as trees, brush, thinnings, chips, slash, and other hazardous fuels) removed from forest and rangeland represent an abundant supply of--

(i) biomass for biomass-to-energy facilities;

(ii) raw material for business; and

(iii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and

(B) 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; and

(2) the United States should--

(A) promote economic and entrepreneurial opportunities in using by-products removed through vegetation management treatment activities relating 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 vegetation management treatment activities.

SEC. 202. DEFINITIONS.

In this title:

(1) BIOMASS- The term `biomass' means trees and woody plants (including limbs, tops, needles, other woody parts, and wood waste) and byproducts of vegetation management 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) PERSON- The term `person' includes--

(A) an individual;

(B) a community (as determined by the Secretary);

(C) an Indian tribe;

(D) a small business, microbusiness, or a corporation that is incorporated in the United States; and

(E) a nonprofit organization.

(3) PREFERRED COMMUNITY- The term `preferred community' means--

(A) any town, township, municipality, or other similar unit of local government (as determined by the Secretary) that--

(i) has a population of not more than 50,000 individuals; and

(ii) the Secretary, in the sole discretion of the Secretary, determines contains or is located near, or has a municipal watershed that contains or is located near, land that--

(I) is at significant risk of catastrophic wildfire, disease, or insect infestation; or

(II) suffers from disease or insect infestation; or

(B) any county that--

(i) is not wholly contained within a metropolitan statistical area; and

(ii) the Secretary, in the sole discretion of the Secretary, determines contains or is located near, or has a water supply system that contains or is located near, land--

(I) the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation; or

(II) that suffers from disease or insect infestation.

(4) SECRETARY- The term `Secretary' means--

(A) the Secretary of Agriculture, with respect to National Forest System land; and

(B) the Secretary of the Interior, with respect to Federal land under the jurisdiction of the Secretary of the Interior (including land held in trust for the benefit of an Indian tribe).

SEC. 203. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, PETROLEUM-BASED PRODUCT SUBSTITUTES, AND FOR OTHER COMMERCIAL PURPOSES.

(a) BIOMASS COMMERCIAL USE GRANT PROGRAM-

(1) IN GENERAL- The Secretary 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 or for other commercial purposes to offset the costs incurred to purchase biomass for use by the 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-

(A) IN GENERAL- As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass.

(B) ACCESS- On notice by a representative of the Secretary, the grant recipient shall afford the representative--

(i) reasonable access to the facility that purchases or uses biomass; and

(ii) an opportunity to examine the inventory and records of the facility.

(b) VALUE-ADDED GRANT PROGRAM-

(1) IN GENERAL- The Secretary--

(A) may make grants to persons to offset the cost of projects to improve the use of, or add value to, biomass; and

(B) in making a grant under subparagraph (A), shall give preference to persons in preferred communities.

(2) SELECTION- The Secretary shall select a grant recipient under paragraph (1)(A) after giving consideration to--

(A) the anticipated public benefits of the project;

(B) opportunities for the creation or expansion of small businesses and microbusinesses resulting from the project; and

(C) the potential for new job creation as a result of the project.

(3) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000.

(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2004 through 2008.

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--

(1) an identification of the source, size, type, and the end-use of biomass by persons that receive grants under section 203;

(2) a statement of the haul costs incurred and the distance between the land from which the biomass was removed and the facilities that used the biomass; and

(3) a description of the economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

SEC. 301. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) there has been a dramatic shift in public attitudes and perceptions about forest management, particularly in the understanding and practice of sustainable forest management;

(2) it is commonly recognized that the proper stewardship of forest land is essential to sustaining and restoring the health of watersheds;

(3) forests can provide essential ecological services in filtering pollutants, buffering important rivers and estuaries, and minimizing flooding, which makes forest restoration worthy of special focus; and

(4) strengthened education, technical assistance, and financial assistance for nonindustrial private forest landowners and communities, relating to the protection of watershed health, is needed to realize the expectations of the general public.

(b) PURPOSES- The purposes of this title are--

(1) to improve landowner and public understanding of the connection between forest management and watershed health;

(2) to encourage landowners to maintain tree cover on property and to use tree plantings and vegetative treatments as creative solutions to watershed problems associated with varying land uses;

(3) to enhance and complement forest management and buffer use for watersheds, with an emphasis on urban 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 necessary restoration of those forests.

SEC. 302. WATERSHED FORESTRY ASSISTANCE PROGRAM.

The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 5 (16 U.S.C. 2103a) the following:

`SEC. 6. WATERSHED FORESTRY ASSISTANCE PROGRAM.

`(a) DEFINITIONS- In this section:

`(1) 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).

`(2) NONINDUSTRIAL PRIVATE FOREST LAND- The term `nonindustrial private forest land' means rural land, as determined by the Secretary, that--

`(A) has existing tree cover or that is suitable for growing trees; and

`(B) is owned by any nonindustrial private individual, group, association, corporation, Indian tribe, 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, 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 nonindustrial private forest land.

`(c) TECHNICAL ASSISTANCE TO ENHANCE 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 enhance water quality described in paragraph (2).

`(2) PURPOSE OF PROGRAM- The program under this subsection shall be designed--

`(A) to build and strengthen watershed partnerships that focus on forested landscapes at the State, regional, and local levels;

`(B) to provide State forestry best-management practices and water quality technical assistance directly to owners of nonindustrial private forest land;

`(C) to provide technical guidance to land managers and policymakers for water quality protection through forest management;

`(D) to complement State and local efforts to enhance 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- 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; and

`(B) under which funds or other support provided 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 (or an equivalent committee), shall make awards to communities, nonprofit groups, and owners of nonindustrial private forest land under the program for watershed forestry projects described in paragraph (3).

`(3) PROJECT ELEMENTS AND OBJECTIVES- A watershed forestry project shall accomplish critical forest stewardship, watershed protection, and restoration needs within a State by demonstrating the value of trees and forests to watershed health and condition through--

`(A) the use of trees as solutions to water quality problems in urban and rural areas;

`(B) community-based planning, involvement, and action through State, local and nonprofit partnerships;

`(C) application of and dissemination of monitoring information on forestry best-management practices relating to watershed forestry;

`(D) watershed-scale forest management activities and conservation planning; and

`(E)(i) the restoration of wetland (as defined by the States) and stream-side forests; and

`(ii) the establishment of riparian vegetative buffers.

`(4) COST-SHARING-

`(A) FEDERAL SHARE-

`(i) FUNDS UNDER THIS SUBSECTION- Funds provided under this subsection for a watershed forestry project may not exceed 75 percent of the cost of the project.

`(ii) OTHER FEDERAL FUNDS- The percentage of the cost of a project described in clause (i) that is not covered by funds made available under this subsection may be paid using other Federal funding sources, except that the total Federal share of the costs of the project may not exceed 90 percent.

`(B) FORM- The non-Federal share of the costs of a project may be provided in the form of cash, services, or other in-kind contributions.

`(5) PRIORITIZATION- The State Forest Stewardship Coordinating Committee for a State (or an equivalent 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 forester to--

`(A) lead statewide programs; and

`(B) coordinate small 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 nonindustrial private forest land and highly erodible land in each State;

`(B) the efforts of each State to conserve forests;

`(C) the acreage of forests in each State that has been lost or degraded, or that may be used to facilitate the restoration of watersheds; and

`(D) the number of owners of nonindustrial private forest land in each State.

`(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 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. 401. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) high levels of tree mortality resulting from insect infestation result in--

(A) increased fire risk;

(B) loss of threatened and endangered species;

(C) loss of species diversity;

(D) degraded watershed conditions;

(E) increased potential for damage from other agents of disturbance, including exotic, invasive species; and

(F) decreased timber values;

(2)(A) previous silvicultural research, 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 research; and

(3) only through the full funding, development, and assessment of potential applied silvicultural research 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.

(b) PURPOSES- The purposes of this title are--

(1) to require the Secretary to develop an accelerated basic and applied research program to combat infestations by insects and disease;

(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 research.

SEC. 402. DEFINITIONS.

In this title:

(1) APPLIED SILVICULTURAL RESEARCH-

(A) IN GENERAL- The term `applied silvicultural research' means any vegetative or other treatment carried out for a purpose described in section 412.

(B) INCLUSIONS- The term `applied silvicultural research' includes timber harvesting, thinning, prescribed burning, use of chemical treatments, 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) ELIGIBLE INSTITUTION- The term `eligible institution' means--

(A) an 1890 institution;

(B) a college or university other than an 1890 institution that is maintained, in whole or in part, using funds made available under--

(i) the Act of July 2, 1862 (7 U.S.C. 301 et seq.); and

(ii) the Act of August 30, 1890 (7 U.S.C. 321 et seq.); and

(C) a forestry school that is authorized to receive funding under the McIntire-Stennis Cooperative Forestry Research Act (16 U.S.C. 582a et seq.).

(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. COOPERATION AND ASSISTANCE.

The Secretary shall--

(1) establish and carry out the programs under this title in cooperation with--

(A) scientists from eligible institutions;

(B) State agencies; and

(C) private and industrial landowners; and

(2) designate eligible institutions to assist in carrying out the programs.

SEC. 404. RELATION TO OTHER LAWS.

The authority provided to each Secretary under this title is supplemental to, and not in lieu of, any authority provided to the Secretaries under any other law.

SEC. 411. ACCELERATED INFORMATION GATHERING.

The Secretary, acting through the Forest Service and United States Geological Survey, as appropriate, shall establish an accelerated program--

(1) to prepare, conduct, and promote comprehensive and systematic information gathering on the response to insect and disease infestation and the aftermath of severe weather events, including an evaluation of--

(A) prevention and control methods;

(B) effects on forest ecosystems;

(C) forest ecosystem restoration;

(D) use options regarding infested and damaged trees; and

(E) models to predict the occurrence, distribution, and impact of outbreaks of insects and disease and susceptibility to other damaging agents;

(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 insects and disease on Federal land and State and private land; and

(3) to disseminate the results of the information gathering, treatments, and strategies.

SEC. 412. APPLIED SILVICULTURAL RESEARCH.

(a) ASSESSMENT EFFORTS- For information gathering and research purposes, the Secretary may conduct applied silvicultural research on Federal land, on such a scale as is appropriate with respect to the damaging agent, that the Secretary determines is--

(1) at risk of infestation by, or is infested with, insects or disease;

(2) at risk of catastrophic fire; or

(3) damaged as a result of a severe weather event.

(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; or

(C) Wilderness Study Area.

(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 research project 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).

(4) COMPLIANCE WITH FOREST AND RESOURCE MANAGEMENT PLANS- Each applied silvicultural research project and related silvicultural treatment carried out under this title shall comply with--

(A) the applicable forest or resource management plan in place for land to be assessed or treated; and

(B) regulations promulgated under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).

(c) PUBLIC NOTICE AND COMMENT-

(1) PUBLIC NOTICE- The Secretary shall provide notice of each applied silvicultural research project 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 research project proposed to be carried out under this section, the Secretary shall provide an opportunity for public input.

(d) CATEGORICAL EXCLUSION-

(1) IN GENERAL- An applied silvicultural research project or silvicultural treatment carried out under this section shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2) NO ADDITIONAL FINDINGS REQUIRED- In accordance with paragraph (1), the Secretary shall not be required to make any findings as to whether the an applied silvicultural research project, either individually or cumulatively, has a significant effect on the environment.

(e) FOREST HEALTH RESTORATION OBJECTIVES-

(1) IN GENERAL- Each silvicultural research project carried out under this title shall establish specific, measurable objectives for restoring forest health that are directed toward restoring ecological conditions within the historical range of natural variability.

(2) CATEGORIES OF OBJECTIVES- Forest health restoration objectives of a silvicultural research project should include, as appropriate--

(A) the reduction of hazardous fuel loads;

(B) the restoration of ecosystem structure, function, and composition;

(C) the reintroduction of fire as a natural process;

(D) the protection and restoration of at-risk species, such as--

(i) species that are listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.);

(ii) candidate, State-listed species; and

(iii) special concern species identified by the Secretary;

(E) detection and control of ecologically-harmful nonnative species; and

(F) prevention of severe native insect or disease epidemics.

(3) LANDSCAPE CONTEXT- To the maximum extent practicable, forest health restoration objectives should be determined in a landscape context.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this subtitle $25,000,000 for each of fiscal years 2004 through 2008.

SEC. 421. FOREST LAND INVENTORY AND MONITORING PROGRAM TO IMPROVE DETECTION OF AND RESPONSE TO ENVIRONMENTAL THREATS.

(a) IN GENERAL- The Secretary of Agriculture (on land under the jusisdiction of the Secretary of Agriculture) and the Secretary of Interior (on land under the jurisdiction of the Secretary of the Interior) (referred to in this section as the `Secretaries') shall carry out a comprehensive program to inventory, monitor, characterize, assess, and identify forest land (with emphasis on hardwood forest land) and potential forest land--

(1) on Federal land; and

(2) on private forest land, with the consent of the owner of the land.

(b) ADMINISTRATION- In carrying out the program, the Secretaries 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 quality forest land caused by inadequate forest regeneration practices and type conversion;

(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 Secretaries 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 becomes 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.

SEC. 431. 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--

(1) by striking `$49,000,000' and inserting `$54,000,000'; and

(2) by inserting before the period at the end the following: `, of which not less than $5,000,000 shall be used for each fiscal year to carry out section 307(d)(5)'.

SEC. 441. 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 fiscal year.'.

SEC. 442. UPLAND HARDWOODS RESEARCH CENTER.

(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the `Secretary') shall establish an Upland Hardwood Research Center.

(b) LOCATION- The Secretary shall locate the Research Center in an area that, as determined by the Secretary, would best use and study the upland hardwood resources of the Ozark Mountains and the South.

(c) DUTIES- The Upland Hardwood Research Center shall, in conjunction with the Southern Forest Research Station of the Department of Agriculture--

(1) provide the scientific basis for sustainable management of southern upland hardwood forests, particularly in the Ozark Mountains and associated mountain and upland forests; and

(2) conduct research in all areas to emphasize practical application toward the rehabilitation, restoration, and use of upland hardwood forests, particularly--

(A) the effects of pests and pathogens on upland hardwoods;

(B) hardwood stand regeneration and reproductive biology;

(C) upland hardwood stand management and forest health;

(D) threatened, endangered and sensitive aquatic and terrestrial fauna;

(E) ecological processes and hardwood ecosystem restoration; and

(F) education and outreach to nonindustrial private forest landowners and associations.

(d) RESEARCH- In carrying out the duties under subsection (c), the Upland Hardwood Research Center shall cooperate with--

(1) the Center for Bottomland Hardwood Research of the Southern Forest Research Station of the Department of Agriculture, located in Stoneville, Mississippi; and

(2) the Upland Forests Ecosystems Unit of the Southern Forest Research Station of the Department of Agriculture, located in Monticello, Arkansas.

(e) PARTICIPATION OF PRIVATE LANDOWNERS- The Secretary shall encourage and facilitate the participation of private landowners in the program under this section.

(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $2,500,000 for each fiscal year.

SEC. 501. ESTABLISHMENT OF HEALTHY FORESTS RESERVE PROGRAM.

The Secretary of Agriculture (referred to in this title as the `Secretary') shall establish a 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.

SEC. 502. ELIGIBILITY AND ENROLLMENT OF LAND IN PROGRAM.

(a) ELIGIBLE LAND-

(1) DESIGNATION- The Secretary shall designate forest ecosystem types for enrollment in the healthy forests reserve program.

(2) CONSULTATION- In designating land under paragraph (1), the Secretary shall consult with (as appropriate)--

(A) the Secretary of the Interior;

(B) the Secretary of Commerce; and

(C) representatives of State agencies and Indian tribes.

(3) ELIGIBILITY- To be eligible for enrollment in the healthy forests reserve program, land shall be--

(A) private land the enrollment of which would (as determined by the Secretary) restore, enhance, or otherwise measurably increase the likelihood of recovery of a species that is listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and

(B) private land the enrollment of which would (as determined by the Secretary) 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 under the Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.), such as candidate species, State-listed species, and special concern species.

(b) OTHER CONSIDERATIONS- In enrolling land that satisfies the criteria under subsection (a)(3), the Secretary shall give additional consideration to land the enrollment of which would--

(1) improve biological diversity; and

(2) increase carbon sequestration.

(c) ENROLLMENT BY WILLING OWNERS- The Secretary shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.

(d) MAXIMUM ENROLLMENT- The total number of acres enrolled in the healthy forests reserve program shall not, to the maximum extent practicable, exceed 1,000,000 acres at any 1 time.

(e) METHODS OF ENROLLMENT- Land may be enrolled in the healthy forests reserve program in accordance with--

(1) a 10-year cost-sharing agreement;

(2) a 30-year easement; or

(3) a permanent easement with a landowner choice option.

(f) ENROLLMENT PRIORITY- In carrying out the program, the Secretary shall give priority to the enrollment of land that the Secretary determines would provide the best opportunity to resolve conflicts between--

(1) the presence of an animal or plant species referred to in subsection (a); and

(2) otherwise permissible land use activities.

SEC. 503. RESTORATION PLANS.

(a) IN GENERAL- A landowner seeking to enroll eligible land in the healthy forests reserve program shall submit, for the approval of the Secretary, a restoration plan that identifies and describes--

(1) projects and activities to be carried out on the enrolled land to meet the purposes of section 501; and

(2) land use practices that are permissible on the enrolled land.

(b) COST EFFECTIVENESS- A restoration plan shall, to the maximum extent practicable, optimize the environmental benefits per dollar expended.

SEC. 504. FINANCIAL ASSISTANCE.

(a) PERMANENT EASEMENT WITH LANDOWNER CHOICE OPTION-

(1) PAYMENT AMOUNT- In the case of land enrolled in the healthy forests reserve program using a permanent easement with a landowner choice option, the Secretary shall pay the owner of the land an amount equal to the sum of--

(A) the fair market value of the enrolled land during the period the land is subject to the permanent easement, less the fair market value of the land encumbered by the easement; and

(B) the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period the land is subject to the permanent easement, as determined by the Secretary.

(2) LANDOWNER CHOICE OPTION- In the case of land enrolled in the healthy forests reserve program using a permanent easement with a landowner choice option, beginning on date that is 50 years after the date of enrollment of the land, and every 10 years thereafter, the owner of the land shall be permitted to purchase the easement back from the United States for an amount equal to the sum of--

(A) the fair market value of the land less the fair market value of the land encumbered by the easement; and

(B) the costs, adjusted by the Secretary in accordance with the Consumer Price Index for all-urban consumers, as published by the Bureau of Labor Statistics, of the conservation practices necessary for establishing the restored forest and funded by the healthy forests reserve program.

(b) 30-YEAR EASEMENT- In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary shall pay the owner of the land an amount equal to the sum of--

(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 for the land, as determined 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 for the land, as determined by the Secretary; or

(2) 75 percent of the average cost of approved conservation practices for the land, as determined by the Secretary.

(d) ACCEPTANCE OF CONTRIBUTIONS- The Secretary may accept and use contributions of non-Federal funds to make payments under this section.

SEC. 505. TECHNICAL ASSISTANCE.

(a) IN GENERAL- The Secretary shall provide landowners with technical assistance to assist the landowners in complying with the terms of agreements and easements under the healthy forests reserve program and restoration plans under this title.

(b) TECHNICAL SERVICE PROVIDERS- The Secretary may request the services of, and enter into cooperative agreements with, individuals or entities certified as technical service providers under section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842), to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program.

SEC. 506. ASSURANCES AND MEASURES.

(a) ASSURANCES- A landowner that enrolls land in the healthy forests reserve program may seek appropriate protection under section 7(b)(4) or 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4), 1536(a)(1)).

(b) MEASURES- If the protection under subsection (a) requires the taking of measures for species conservation in addition to the measures covered by the applicable restoration plan agreed to under section 503, the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for the purpose of receiving financial assistance under section 504.

SEC. 507. INVOLVEMENT BY OTHER AGENCIES AND ORGANIZATIONS.

In carrying out this title, the Secretary may consult with other individuals and entities with relevant expertise in the development and implementation of the healthy forests reserve program, including--

(1) private forest landowners;

(2) other Federal agencies;

(3) State agencies;

(4) forestry schools and other schools in colleges and universities (including land grant colleges and 1890 institutions); and

(5) nonprofit conservation organizations.

SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title $15,000,000 for each of fiscal years 2004 through 2008.

SEC. 601. PROGRAM FOR EMERGENCY TREATMENT AND REDUCTION OF NONNATIVE INVASIVE PLANTS.

(a) DEFINITIONS- In this section:

(1) INTERFACE COMMUNITY- The term `interface community' has the meaning given the term in the notice published at 66 Fed. Reg. 751 (January 4, 2001) (including any subsequent revision to the notice).

(2) INTERMIX COMMUNITY- The term `intermix community' has the meaning given the term in the notice published at 66 Fed. Reg. 751 (January 4, 2001) (including any subsequent revision to the notice).

(3) PLANT- The term `plant' includes--

(A) a tree;

(B) a shrub; and

(C) a vine.

(4) PROGRAM- The term `program' means the program for emergency treatment and reduction of nonnative invasive plants established under subsection (b)(1).

(5) SECRETARIES- The term `Secretaries' means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.

(b) ESTABLISHMENT-

(1) IN GENERAL- The Secretaries shall establish a program for emergency treatment and reduction of nonnative invasive plants to provide to State and local governments and agencies, conservation districts, tribal governments, and willing private landowners grants for use in carrying out hazardous fuel reduction projects to address threats of catastrophic fires that have been determined by the Secretaries to pose a serious threat to--

(A) property;

(B) human life; or

(C) the ecological stability of an area.

(2) COORDINATION- In carrying out the program, the Secretaries shall coordinate with such Federal agencies, State and local governments and agencies, and conservancy districts as are affected by projects under the program.

(c) ELIGIBLE LAND- A project under the program shall--

(1) be carried out only on land that is located--

(A) in an interface community or intermix community;

(B) in such proximity to an interface community or intermix community as would pose a significant risk in the event of the spread of a fire disturbance event from the land (including a risk that would threaten human life or property in proximity to or within the interface community or intermix community), as determined by the Secretaries; or

(C) in an area in which the existence of nonnative invasive plants poses a significant threat to an ecosystem component;

(2) remove fuel loads determined by the Secretaries, a State or local government, a tribal government, or a private landowner to pose a serious threat to--

(A) property;

(B) human life; or

(C) the ecological stability of an area; and

(3) involve the removal of nonnative invasive plants.

(c) USE OF FUNDS- Funds made available for a project under the program shall be used only for--

(1) the removal of plants or other potential fuels that are--

(A) in proximity to or within an interface community or intermix community; or

(B) in proximity to a municipal watershed, river, or water course;

(2) the removal of erosion structures that impede the removal of nonnative plants; or

(3) the replanting of native vegetation to reduce the reestablishment of nonnative invasive plants in a treatment area.

(d) REIMBURSEMENT OF GRANTS- As a condition for receiving assistance for a project under the program, the recipient of the assistance shall agree that all proceeds from the sale of timber or biomass removed from land under the project, not to exceed the amount of funds provided for the project under this section, shall be--

(1) deposited in a revolving fund established by the State; and

(2) used to provide additional grants to carry out projects that are consistent with the program.

(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

SEC. 602. SENSE OF CONGRESS REGARDING ENHANCED COMMUNITY FIRE PROTECTION.

It is the sense of Congress to reaffirm the importance of the enhanced community fire protection program under section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c).