[House Report 108-109]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-109
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 1904, HEALTHY FORESTS RESTORATION
ACT OF 2003
_______
May 19, 2003.--Referred to the House Calendar and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 239]
The Committee on Rules, having had under consideration
House Resolution 239, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 1904,
the Healthy Forests Restoration Act of 2003, under a modified
closed rule.
The rule provides one hour of debate in the House, with 30
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Agriculture, 20
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Resources, and 10
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on the Judiciary. The
rule waives all points of order against consideration of the
bill. The rule provides that the amendment printed in Part A of
this report shall be considered as adopted.
The rule makes in order the amendment printed in Part B of
this report, if offered by Representative George Miller of
California or his designee, which shall be considered as read,
and shall be separately debatable for one hour equally divided
and controlled by the proponent and an opponent. The rule
waives all points of order against the amendment printed in
Part B of this report.
Finally, the rule provides one motion to recommit with or
without instructions.
The waiver of all points of order against consideration of
the bill in the rule includes a waiver of clause 4(a) of rule
XIII (requiring a three-day layover of the committee report),
which is necessary because the Committee on the Judiciary did
not file its report (H. Rept. 108-96, Part II) until Friday,
May 16, 2003, and the bill may be considered by the House as
early as Tuesday, May 20, 2003.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 72
Date: May 19, 2003.
Measure: H.R. 1904--Healthy Forest Restoration Act of 2003.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the amendment offered
by Mr. Inslee, which clarifies that the Secretary is not
required to consider more than one alternative and a ``no-
action'' alternative in addition to the proposed agency action
for authorized hazardous fuels reduction projects.
Results: Defeated 2 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay;
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea;
Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 73
Date: May 19, 2003.
Measure: H.R. 1904--Healthy Forest Restoration Act of 2003.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the appropriate waivers
for the amendment offered by Mr. Udall of New Mexico, which
strikes Sections 106, relating to special requirements
regarding judicial review of authorized hazardous fuels
reduction projects, and 107, relating to the standard for
injunctive relief for agency action to restore fire-adapted
forest or rangeland ecosystems, from the bill.
Results: Defeated 2 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay;
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea;
Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries derived from information provided by sponsors.)
Part A--Summary of amendment to be considered as adopted
Goodlatte: Manager's Amendment. Clarifies that condition
class 3 and condition class 2 lands include perennial streams
that feed a municipal water supply system which are at risk of
substantial adverse effects on water quality. Addresses
concerns that there would be no environmental assessment (EA)
or environmental impact statement (EIS) required on authorized
fire risk reduction projects. Makes explicit the requirement to
do an EA or an EIS. Addresses concerns that those who are
interested in challenging a fire risk reduction project
authorized would lose their eligibility because they didn't
submit specific and substantive written comments during the
preparation state of the authorized project because they didn't
know about the project. Requires the U.S. Forest Service to
notice a planned project in a manner sufficient to permit
interested persons to participate. Requires a court considering
a motion for an injunction to both balance the short-term
effects against the long-term benefits. Instead of giving
deference to the Secretary's decision that the long-term
benefits outweigh the short-term effects the court needs to
give the Secretary's decision weight. Addresses concerns that
all applicable endangered species and riparian protections are
complied with. Requires the silvicultural assessment projects
authorized in Title IV be peer reviewed for scientific merit.
The peer review team must include non-governmental experts
(i.e. the peer review team cannot be completely comprised of
USFS employees).
Part B--Summary of amendment to be made in order
Miller, George (CA)/DeFazio/Rahall/Conyers: Amendment in
the Nature of a Substitute. Allows for projects within \1/2\
mile of threatened communities to be ``categorically excluded''
from the National Environmental Policy Act. Codifies the Bush
Administration's guidance to regarding the preparation
environmental documents for projects in watersheds and outside
of the \1/2\ mile zone. Focuses critical federal resources on
the need to protect communities. Provides for an up-front
collaborative process that brings communities and federal land
managers together to identify and prioritize areas most in need
of thinning. Gives new authority to federal land managers to
enter into cooperative agreements with local and state
governments, local fire districts, and homeowner associations
to plan projects across ownership boundaries. Requires that 85
percent of funding be spent around homes, communities, or in a
watershed.
----------
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
(Page and line numbers refer to the introduced bill)
Page 8, line 14, strike ``the Secretary'' and insert ``the
`Secretary''.
Page 9, strike lines 16 through 23, and insert the following:
(3) Condition class 3 or condition class 2 Federal
lands located in such proximity to a municipal water
supply system, or to a perennial stream feeding a
municipal water supply system, that a significant risk
exists that a fire disturbance event would have
substantial 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.
Page 11, strike lines 7 through 14, and redesignate
subsequent subsections accordingly.
Page 12, strike lines 1 through 4.
Page 12, line 16, insert after the period at the end the
following new sentence: ``The Secretary concerned shall prepare
an environmental assessment or an environmental impact
statement for each authorized hazardous fuels reduction
project.''.
Page 14, line 22, strike ``subsection (c)'' and insert
``subsection (b)''.
Page 15, line 4, insert after the period at the end the
following new sentence: ``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 satisfy the requirements of this
subsection.''.
Page 17, beginning line 15, strike section 107 and insert the
following new section (and conform the table of contents
accordingly):
SEC. 107. INJUNCTIVE RELIEF FOR AGENCY ACTION TO RESTORE FIRE-ADAPTED
FOREST OR RANGELAND ECOSYSTEMS.
(a) Covered Projects.--This section applies with respect to a
motion for an injunction in an action brought against the
Secretary concerned under section 703 of title 5, United States
Code, that involves an agency action on Federal lands,
including an authorized hazardous fuels reduction project, that
is necessary to restore a fire-adapted forest or rangeland
system.
(b) Injunctive Relief.--When considering a motion described
in subsection (a), in determining whether there would be harm
to the defendant from the injunction and whether the injunction
would be in the public interest, the court reviewing the agency
action shall--
(1) balance the impact to the ecosystem of the short-
term and long-term effects of undertaking the agency
action against the short-term and long-term effects of
not undertaking the agency action; and
(2) give weight to a finding by the Secretary
concerned in the administrative record of the agency
action concerning the short-term 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.
Page 25, after line 4, insert the following new subsection
and redesignate the subsequent subsection accordingly:
(c) Relation to Other Endangered Species and Riparian
Protections.--The Secretary concerned shall comply with
applicable endangered species and riparian protections in
making grants under this section. Projects funded using grant
proceeds shall be required to comply with such protections.
Page 39, line 24, strike ``sole''.
Page 40, after line 23, insert the following new paragraph:
(4) Peer review.--Each applied silvicultural
assessment under this title, prior to being carried
out, shall be peer reviewed by scientific experts
selected by the Secretary concerned, which shall
include non-Federal experts. The Secretary concerned
may use existing peer review processes to the extent
they comply with the preceding sentence.
----------
PART B--TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Hazardous
Fuels Reduction Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Hazardous fuels reduction projects authorized.
Sec. 4. Collaboration and public input process.
Sec. 5. Expedited planning and implementation process.
Sec. 6. Development of definitions of old and large trees.
Sec. 7. Ongoing projects and existing authorities.
Sec. 8. Preference to communities with fire prevention ordinances.
Sec. 9. Sunset.
Sec. 10. Authorization of appropriations.
SEC. 2. DEFINITIONS.
(a) Land Type and Fire Regime Definitions From Forest Service
Rocky Mountain Research Station.--In this Act:
(1) Condition class 2.--The term ``condition class
2'' refers to lands on which--
(A) fire regimes have been moderately altered
from their historical fire return intervals;
(B) there exists a moderate risk of losing
key ecosystem components; and
(C) vegetation attributes have been
moderately altered from their historical range.
(2) Condition class 3.--The term ``condition class
3'' refers to lands on which--
(A) fire regimes have been significantly
altered from their historical fire return
intervals; and
(B) there exists a high risk of losing key
ecosystem components.
(3) Fire regime i.--The term ``fire regime I'' refers
to lands--
(A) on which historically there are low
severity fires with a frequency of 0-35 years;
and
(B) are located primarily in low elevation
forests of pine, oak, and pinyon-juniper.
(4) Fire regime ii.--The term ``fire regime II''
refers to lands--
(A) on which historically there are stand
replacement severity fires with a frequency of
0-35 years; and
(B) are located primarily in low- to mid-
elevation forests, rangelands, grasslands, or
shrublands.
(5) Fire regime iii.--The term ``fire regime III''
refers to lands--
(A) on which historically there are mixed
severity fires with a frequency of 35-100
years; and
(B) are located primarily in forests of mixed
conifer, dry Douglas Fir, and wet Ponderosa
pine.
(b) Other Definitions.--In this Act:
(1) Administrative unit.--The term ``administrative
unit'', with respect to Federal lands, means a unit of
the National Forest System or a land management
district of the Bureau of Land Management.
(2) At-risk community.--The term ``at-risk
community'' means a geographic area designated by the
Secretary concerned as any area--
(A) defined as an interface community on page
753 of volume 66 of the Federal Register, as
published on January 4, 2001, or consisting of
a collection of homes or other structures with
basic infrastructure and services, such as
utilities, collectively maintained
transportation routes, and emergency services;
(B) on which conditions are conducive to
large-scale fire disturbance events; and
(C) for which a significant risk exists of a
resulting spread of the fire disturbance event,
after ignition, which would threaten human life
and property.
(3) Best value contracting.--The term ``best value
contracting'' means the contracting process described
in section 15.101 of title 48, Code of Federal
Regulations, which allows the inclusion of non-cost
factors in the contract process.
(4) Comprehensive strategy.--The term ``Comprehensive
Strategy'' means the 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
to accompany the Department of the Interior and Related
Agencies Appropriations Act, 2001 (House Report 106-
646).
(5) Federal lands.--Except as provided in subsection
(c), 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.
(6) Goods for service contracting.--The term ``goods
for service contracting'' means the contracting process
described in section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999
(as contained in section 101(e) of division A of Public
Law 105-277; 16 U.S.C. 2104 note).
(7) Hazardous fuels reduction project.--The term
``hazardous fuels reduction project'' means a project--
(A) undertaken for the purpose of reducing
the amount of hazardous fuels resulting from
alteration of a natural fire regime as a result
of fire suppression or other activities; and
(B) accomplished through the use of
prescribed burning or mechanical treatment, or
a combination thereof.
(8) Inventoried roadless area.--The term
``inventoried roadless area'' means one of the areas
identified in the set of inventoried roadless areas
maps contained in the Forest Service Roadless Areas
Conservation, Final Environmental Impact Statement,
Volume 2, dated November 2000.
(9) Local preference contracting.--The term ``local
preference contracting'' means the contracting process
described in section 333 of the Department of the
Interior and Related Agencies Appropriations Act, 2003
(division F of Public Law 108-7; 117 Stat. 277), that
gives preference to local businesses.
(10) Municipal water supply system.--The term
``municipal water supply'' means 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--
(A) the Secretary of Agriculture (or the
designee of the Secretary) with respect to
National Forest System lands; and
(B) the Secretary of the Interior (or the
designee of the Secretary) with respect to
public lands administered by the Secretary
through the Bureau of Land Management.
(c) Excluded Federal Lands.--This Act, including the
expedited process described in section 5, does not apply to any
Federal lands--
(1) included as a component of the National
Wilderness Preservation System;
(2) where logging is prohibited or restricted by Act
of Congress, presidential proclamation, or agency
determination;
(3) included in a wilderness study area; or
(4) included in an inventoried roadless area.
SEC. 3. HAZARDOUS FUELS REDUCTION PROJECTS AUTHORIZED.
(a) Consistency With Implementation Plan.--The processes
authorized or required by this Act shall be consistent with the
implementation plan for the Comprehensive Strategy to reduce
hazardous fuels on Federal lands.
(b) Priority Hazardous Fuels Reduction Projects.--
(1) Projects on certain lands.--In implementing
hazardous fuels reduction projects under this Act, the
Secretary concerned shall give priority to projects on
the following Federal lands and other lands:
(A) Lands that are located within one-half
mile of an at-risk community where fire regime
I, fire regime II, or fire regime III exists
and that are in condition class 2 or condition
class 3.
(B) Lands where fire regime I, fire regime
II, or fire regime III exists that are in
condition class 3, or condition class 2 if the
lands are intermingled with condition class 3
lands, and that are located in such proximity
to a municipal water supply system that a
hazardous fuels reduction project should be
carried out in order to reduce the risk of harm
to such system or the quality of a municipal
water supply resulting from an unusually severe
wildfire.
(2) Limitation on other projects pending completion
of priority projects.--With respect to projects on
Federal lands in a State, the Secretary concerned shall
complete all projects on Federal lands identified in
paragraph (1) in that State before carrying out
projects in areas outside of those Federal lands in
that State.
(c) Compliance With Land Management Plans.--A hazardous fuels
reduction project planned and conducted under this Act must be
consistent with the land and resource management plan, land use
plan, and other agency plans and regulations applicable to the
Federal lands covered by the project.
(d) Project Contracting.--To conduct a hazardous fuels
reduction project under this Act, the Secretary concerned shall
use local preference contracting and best value contracting.
Payments under a contract entered into to implement a project
under this Act shall only be made on a fee-for-service basis.
The Secretary concerned shall not use goods-for-service
contracting to implement a project under this Act.
(e) Old Growth and Other Limitations.--In conducting a
hazardous fuels reduction project under this Act, the Secretary
concerned--
(1) shall not construct new permanent or temporary
roads;
(2) shall maintain all old and large trees and the
structure, function, and composition of late-
successional forest stands appropriate for each
ecosystem type, until the process required by section 6
is complete and Congress formally adopts or rejects the
recommendations by Act of Congress;
(3) shall focus on thinning from below when using
mechanical treatment.
(f) Acreage Limitation.--Not more than 20,000,000 acres of
Federal land may be treated using the authorities provided by
this Act.
(g) Funding Priority.--Of funds expended for hazardous fuels
reduction projects under this Act, at least 85 percent shall be
expended on projects on lands described in subparagraphs (A)
and (B) of subsection (b)(1). Upon forming cooperative
agreements with the appropriate parties, the Secretary
concerned may use these funds for treatment of non-Federal
lands.
(h) Monitoring.--
(1) Monitoring required.--The Secretary concerned
shall establish a balanced multiparty monitoring
process in order for Congress to assess a
representative sampling of the hazardous fuels
reduction projects implemented under this Act.
(2) Report required.--Not later than one year after
the expiration of this Act, as provided in section 9,
the Secretary concerned shall submit to Congress a
report containing, at a minimum, the following:
(A) An assessment of the cumulative
accomplishments or adverse impacts of the fuels
reduction projects conducted under this Act.
(B) A description of the ecological effects
of the projects conducted under this Act.
(C) A description of the economic viability,
impacts, and costs of the projects conducted
under this Act.
SEC. 4. COLLABORATION AND PUBLIC INPUT PROCESS.
(a) Process Required.--
(1) Development.--As a condition on the selection of
hazardous fuels reduction projects under section 3, the
Secretary of Agriculture and the Secretary of the
Interior shall jointly develop a collaborative process
with interested parties, consistent with the
implementation plan for the Comprehensive Strategy. The
collaborative process developed by the Secretaries may
be the process set forth in title II of the Secure
Rural Schools and Community Self-Determination Act of
2000 (Public Law 106-393; 16 U.S.C. 500 note).
(2) Required maps and public meetings.--As part of
the process developed under subsection (a), the
Secretaries shall--
(A) produce maps, at the appropriate
landscape scale, designating the condition
class of Federal lands and other lands and
including a fire risk assessment based on
natural and human-caused factors, including
insect and disease mortality, associated with
those lands;
(B) make such maps readily available for
public inspection; and
(C) hold a public meeting by administrative
unit to discuss condition class and associated
fire risk factors and to identify priority
areas for the hazardous fuels reduction
projects.
(b) Public Notice.--
(1) Quarterly notice.--The Secretary concerned shall
provide quarterly notice of each hazardous fuels
reduction project proposed to be conducted using the
expedited process described in section 5. The quarterly
notice shall be provided in the Federal Register, in a
local paper of record, and on an agency website. The
Secretary concerned may combine this quarterly notice
with other quarterly notices otherwise issued regarding
Federal land management.
(2) Content.--The notice required by paragraph (1)
shall include, at a minimum, the following information
regarding each hazardous fuels reduction project
contained in the notice:
(A) Specific identification that the project
is a hazardous fuels reduction project for
which the expedited process described in
section 5 will be used, including a clear
statement whether the agency intends to use a
categorical exclusion or to prepare an
environmental assessment or environmental
impact statement.
(B) A description of the project, including
as much information on its geographic location
as practicable.
(C) The approximate date on which scoping for
the project will begin.
(D) Information regarding how interested
members of the public can take part in the
development of the project pursuant to the
expedited process described in section 5.
(c) Public Meeting.--Following publication of each quarterly
notice under subsection (b), but before the beginning of
scoping for the project pursuant to the expedited process
described in section 5, the Secretary concerned shall conduct a
public meeting at an appropriate location in each
administrative unit of the Federal lands regarding those
hazardous fuels reduction projects contained in the quarterly
notice that are proposed to be conducted in that administrative
unit. The Secretary concerned shall provide advance notice of
the date and time of the meeting in the quarterly notice or
using the same means described in subsection (b)(1).
(d) Final Agency Action.--The Secretary concerned shall
provide notice in the local paper of record and on an agency
website of any final agency action regarding a hazardous fuels
reduction project for which the expedited process described in
section 5 are used.
(e) Public Petitions for Inclusion or Exclusion of Lands.--
(1) Right to petition.--An entity referred to in
paragraph (4) may submit to the Secretary concerned a
petition, with supporting evidence, that requests the
inclusion or exclusion of an area of Federal lands in
subsection (a) with regard to condition class.
(2) Evaluation.--The Secretary concerned shall
respond to a petition under paragraph (1) by public
notice of a public viewing of the area in question,
within 90 days of receipt the petition, with the
petitioner and any other interested parties.
(3) Response.--The Secretary concerned shall accept
or deny the petition within 180 days of its receipt,
based on the site evaluation under paragraph (2) and a
specific review of the historical conditions, forest
type, and present fuel loads of the Federal lands
covered by the petition.
(4) Authorized petitioners.--A petition under
paragraph (1) may be submitted by any of the following:
(A) A political subdivision of a State.
(B) A federally formed resource advisory
council or provincial advisory committee.
(C) A resource advisory committee established
under section 205 of the Secure Rural Schools
and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note).
SEC. 5. EXPEDITED PLANNING AND IMPLEMENTATION PROCESS.
(a) Scoping.--The Secretary concerned shall conduct scoping
with respect to each hazardous fuels reduction project for
which the expedited process established by this section are to
be used.
(b) Categorical Exclusions.--
(1) Presumption near communities.--If a hazardous
fuels reduction project covered by section 3, for which
the collaborative and public input process required by
section 4 is used, covers Federal lands located within
one-half mile of an at-risk community, the project is
deemed to be categorically excluded from further
analysis under the National Environmental Policy Act of
1969 (42 U.S.C. 4331 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. However, within one-half
mile of an at-risk community, the Secretary concerned
shall vary the treatments used to achieve heterogeneity
of forest conditions and to ensure forest health.
(2) Extraordinary circumstances exception.--Paragraph
(1) shall not apply to Federal lands located within
one-half mile of an at-risk community if extraordinary
circumstances exist with respect to the lands.
(3) Extraordinary circumstances.--In the case of a
hazardous fuels reduction project for which a
categorical exclusion applies under paragraph (1), if
extraordinary circumstances exist with respect to the
project, the Secretary concerned shall follow agency
procedures (as contained in CEQ regulation 1508.4,
Forest Service Handbook 1909.15, chapters 30-33, as of
August 22, 2002, and Bureau of Land Management Handbook
H-1790-1, 516 DM 2.1-2.10) related to categorical
exclusions and extraordinary circumstances.
(4) Appeals.--Hazardous fuels reduction projects
implemented using a categorical exclusion under
paragraph (1) are not subject to appeal requirements
imposed by section 322 of the Department of the
Interior and Related Agencies Appropriations Act, 1993
(Public Law 102-381; 16 U.S.C. 1612 note), or the
Department of the Interior Office of Hearings and
Appeals.
(c) Environmental Assessments.--
(1) In general.--With respect to priority lands
identified in section 3(b), if a categorical exclusion
does not apply under subsection (b) to a hazardous
fuels reduction project under section 3 for the lands,
the Secretary concerned shall determine, consistent
with the National Environmental Policy Act of 1969,
whether an environmental assessment will be sufficient
to meet the requirements for the project under such
Act.
(2) Content.--An environmental assessment prepared
for a hazardous fuels reduction project under section 3
shall--
(A) be concise, if possible not more than 10-
15 pages;
(B) describe sufficient information and
analyses for determining whether to prepare an
environmental impact statement or a finding of
no significant impact;
(C) state the need for the proposed action;
(D) describe alternative actions, as required
by section 102(2)(E) of the National
Environmental Policy Act of 1969;
(E) briefly describe the environmental
impacts of the proposed action and
alternatives;
(F) list the agencies and persons consulted,
as required by section 1508.9 of title 40, Code
of Federal Regulations, with respect to
National Forest System lands;
(G) reference supporting data, inventories
and other documents on which the Secretary
concerned relied to make the decision; and
(H) involve interested agencies and the
public in the preparation of the environmental
assessment.
(3) Availability of decision document.--When the
decision document is complete for a hazardous fuels
reduction project under section 3 for which an
environmental assessment or categorical exclusion memo
is prepared, the Secretary concerned shall--
(A) provide notice of the decision document
in the Federal Register, the local paper of
record, and an agency website, including notice
stating how the documentation listed in
subparagraph (B) will be available; and
(B) make the environmental analysis document,
administrative record, and decision document or
memo for the project, pursuant to section 215.2
of title 36, Code of Federal Regulations,
readily available for public review.
(4) Appeals.--Notwithstanding the appeal requirements
imposed by section 322 of the Department of the
Interior and Related Agencies Appropriations Act, 1993
(Public Law 102-381; 16 U.S.C. 1612 note), or the
Department of the Interior Office of Hearings and
Appeals--
(A) persons must file any administrative
appeal of a project under this subsection
within 30 days after the date of issuance of
the decision document for the project;
(B) the Secretary concerned shall resolve any
appeal not later than 20 days after the closing
date for filing an appeal; and
(C) the Secretary concerned shall stay
implementation of the project until the end of
the 15-day period beginning on date on which
the Secretary concerned resolves any
administrative appeal that complies with the
requirements in subsection (d).
(d) Additional Limitation on Administrative Appeals.--
Notwithstanding section 322 of the Department of the Interior
and Related Agencies Appropriations Act, 1993 (Public Law 102-
381; 16 U.S.C. 1612 note), if a draft document prepared
pursuant to the National Environmental Policy Act of 1969 for a
hazardous fuels reduction project covered by section 3 was
available for public comment, the Secretary of Agriculture may
require that a person filing an administrative appeal with
respect to the project must have been involved in the public
comment process for the project by submitting written comments
raising specific issues with regard to the project.
(e) Statement of Compliance.--A catagorical exclusion memo or
environmental assessment decision document prepared under this
section shall include a short statement as to how the hazardous
fuels reduction project complies with the requirement of
section 3(c).
SEC. 6. DEVELOPMENT OF DEFINITIONS OF OLD AND LARGE TREES.
(a) Use of National Academy of Sciences.--The Secretary of
Agriculture and the Secretary of the Interior shall jointly
enter into a contract with the National Academy of Sciences for
the preparation of recommended definitions of old and large
trees appropriate for each ecosystem type to be used for
purposes of this Act.
(b) Qualifications.--To be eligible to serve on the panel of
the National Academy of Sciences used to prepare the
recommended definitions of old and large trees, a member of the
panel shall have scientific expertise in the characteristics of
old growth and the seral stages of forest types.
(c) Submission of Recommended Definitions.--Not later than
one year after the date of the enactment of this Act, the
National Academy of Sciences shall submit to the Secretary of
Agriculture, the Secretary of the Interior, and Congress the
recommended definitions of old and large trees appropriate for
each ecosystem type.
SEC. 7. ONGOING PROJECTS AND EXISTING AUTHORITIES.
Nothing in this Act shall affect a hazardous fuels reduction
projects for which scoping has begun before the date of the
enactment of this Act or affect authorities otherwise granted
to the Secretary concerned under existing law.
SEC. 8. PREFERENCE TO COMMUNITIES WITH FIRE PREVENTION ORDINANCES.
In determining the allocation of funding for the Community
and Private Land Fire Assistance program under section 10A(b)
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C
2106c(b)), the Secretary of Agriculture shall prioritize
funding to those communities that have taken proactive steps
through the enactment of ordinances and other means to
encourage property owners to reduce fire risk on private
property.
SEC. 9. SUNSET.
The provisions of this Act shall expire at the end of the
five-year period beginning on the date of the enactment of this
Act, except that a hazardous fuels reduction project for which
a decision notice, or memo in the case of a categorical
exclusion, has been issued before the end of such period may
continue to be implemented using the provisions of this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) National Forest System Lands.--For the purpose of
planning and conducting hazardous fuels reduction projects
under this Act on National Forest System Lands, there are
authorized to be appropriated to the Secretary of Agriculture
$1,943,100,000 during the five-fiscal year period beginning
October 1, 2003. Subject to section 9, amounts appropriated in
one fiscal year and unobligated before the end of that fiscal
year shall remain available for use in subsequent fiscal years.
(b) BLM Lands.--For the purpose of planning and conducting
hazardous fuels reduction projects under this Act on Federal
lands described in section 2(b)(2)(B), there are authorized to
be appropriated to the Secretary of the Interior $1,888,000,000
during the five-fiscal year period beginning October 1, 2003.
Subject to section 9, amounts appropriated in one fiscal year
and unobligated before the end of that fiscal year shall remain
available for use in subsequent fiscal years.
(c) Other Lands.--For the purpose of planning and conducting
hazardous fuels reduction projects under this Act on tribal
lands, nonindustrial private lands, and State lands, there are
authorized to be appropriated to the Secretary of the Interior
$500,000,000 during the five-fiscal year period beginning
October 1, 2003. Subject to section 9, amounts appropriated in
one fiscal year and unobligated before the end of that fiscal
year shall remain available for use in subsequent fiscal years.