Pub.L. 108-149 To designate the facility of the United States Postal Service located at 514 17th Street in Moline, Illinois, as the ``David Bybee Post Office Building''. <> ...

	Web GovRecords.org

[[Page 117 STAT. 1887]]

Public Law 108-148
108th Congress

                                 An Act


 
    To improve the capacity of the Secretary of Agriculture and the 
Secretary of the Interior to conduct hazardous fuels reduction projects 
  on National Forest System lands and Bureau of Land Management lands 
 aimed at protecting communities, watersheds, and certain other at-risk 
    lands from catastrophic wildfire, to enhance efforts to protect 
watersheds and address threats to forest and rangeland health, including 
       catastrophic wildfire, across the landscape, and for other 
            purposes. <<NOTE: Dec. 3, 2003 -  [H.R. 1904]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Healthy Forests Restoration 
Act of 2003.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 16 USC 6501 note.>> Act may be cited 
as the ``Healthy Forests Restoration Act of 2003''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

            TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

Sec. 101. Definitions.
Sec. 102. Authorized hazardous fuel reduction projects.
Sec. 103. Prioritization.
Sec. 104. Environmental analysis.
Sec. 105. Special administrative review process.
Sec. 106. Judicial review in United States district courts.
Sec. 107. Effect of title.
Sec. 108. Authorization of appropriations.

                            TITLE II--BIOMASS

Sec. 201. Improved biomass use research program.
Sec. 202. Rural revitalization through forestry.
Sec. 203. Biomass commercial utilization grant program.

                TITLE III--WATERSHED FORESTRY ASSISTANCE

Sec. 301. Findings and purposes.
Sec. 302. Watershed forestry assistance program.
Sec. 303. Tribal watershed forestry assistance.

           TITLE IV--INSECT INFESTATIONS AND RELATED DISEASES

Sec. 401. Findings and purpose.
Sec. 402. Definitions.
Sec. 403. Accelerated information gathering regarding forest-damaging 
           insects.
Sec. 404. Applied silvicultural assessments.
Sec. 405. Relation to other laws.
Sec. 406. Authorization of appropriations.

                TITLE V--HEALTHY FORESTS RESERVE PROGRAM

Sec. 501. Establishment of healthy forests reserve program.
Sec. 502. Eligibility and enrollment of lands in program.
Sec. 503. Restoration plans.

[[Page 117 STAT. 1888]]

Sec. 504. Financial assistance.
Sec. 505. Technical assistance.
Sec. 506. Protections and measures
Sec. 507. Involvement by other agencies and organizations.
Sec. 508. Authorization of appropriations.

                         TITLE VI--MISCELLANEOUS

Sec. 601. Forest stands inventory and monitoring program to improve 
           detection of and response to environmental threats.

SEC. 2. <<NOTE: 16 USC 6501.>> PURPOSES.

    The purposes of this Act are--
            (1) to reduce wildfire risk to communities, municipal water 
        supplies, and other at-risk Federal land through a collaborative 
        process of planning, prioritizing, and implementing hazardous 
        fuel reduction projects;
            (2) to authorize grant programs to improve the commercial 
        value of forest biomass (that otherwise contributes to the risk 
        of catastrophic fire or insect or disease infestation) for 
        producing electric energy, useful heat, transportation fuel, and 
        petroleum-based product substitutes, and for other commercial 
        purposes;
            (3) to enhance efforts to protect watersheds and address 
        threats to forest and rangeland health, including catastrophic 
        wildfire, across the landscape;
            (4) to promote systematic gathering of information to 
        address the impact of insect and disease infestations and other 
        damaging agents on forest and rangeland health;
            (5) to improve the capacity to detect insect and disease 
        infestations at an early stage, particularly with respect to 
        hardwood forests; and
            (6) to protect, restore, and enhance forest ecosystem 
        components--
                    (A) to promote the recovery of threatened and 
                endangered species;
                    (B) to improve biological diversity; and
                    (C) to enhance productivity and carbon 
                sequestration.

SEC. 3. <<NOTE: 16 USC 6502.>> 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).

[[Page 117 STAT. 1889]]

            TITLE I--HAZARDOUS FUEL REDUCTION ON FEDERAL LAND

SEC. 101. <<NOTE: 16 USC 6511.>> DEFINITIONS.

    In this title:
            (1) At-risk community.--The term ``at-risk community'' means 
        an area--
                    (A) that is comprised of--
                          (i) an interface community as defined in the 
                      notice entitled ``Wildland Urban Interface 
                      Communities Within the Vicinity of Federal Lands 
                      That Are at High Risk From Wildfire'' issued by 
                      the Secretary of Agriculture and the Secretary of 
                      the Interior in accordance with title IV of the 
                      Department of the Interior and Related Agencies 
                      Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. 
                      Reg. 753, January 4, 2001); or
                          (ii) a group of homes and other structures 
                      with basic infrastructure and services (such as 
                      utilities and collectively maintained 
                      transportation routes) within or adjacent to 
                      Federal land;
                    (B) in which conditions are conducive to a large-
                scale wildland fire disturbance event; and
                    (C) for which a significant threat to human life or 
                property exists as a result of a wildland fire 
                disturbance event.
            (2) Authorized hazardous fuel reduction project.--The term 
        ``authorized hazardous fuel reduction project'' means the 
        measures and methods described in the definition of 
        ``appropriate tools'' contained in the glossary of the 
        Implementation Plan, on Federal land described in section 102(a) 
        and conducted under sections 103 and 104.
            (3) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' means a plan for an at-
        risk community that--
                    (A) is developed within the context of the 
                collaborative agreements and the guidance established by 
                the Wildland Fire Leadership Council and agreed to by 
                the applicable local government, local fire department, 
                and State agency responsible for forest management, in 
                consultation with interested parties and the Federal 
                land management agencies managing land in the vicinity 
                of the at-risk community;
                    (B) identifies and prioritizes areas for hazardous 
                fuel reduction treatments and recommends the types and 
                methods of treatment on Federal and non-Federal land 
                that will protect 1 or more at-risk communities and 
                essential infrastructure; and
                    (C) recommends measures to reduce structural 
                ignitability throughout the at-risk community.
            (4) Condition class 2.--The term ``condition class 2'', with 
        respect to an area of Federal land, means the condition class 
        description developed by the Forest Service Rocky Mountain 
        Research Station in the general technical report entitled 
        ``Development of Coarse-Scale Spatial Data for Wildland Fire and 
        Fuel Management'' (RMRS-87), dated April 2000 (including any 
        subsequent revision to the report), under which--

[[Page 117 STAT. 1890]]

                    (A) fire regimes on the land have been moderately 
                altered from historical ranges;
                    (B) there exists a moderate risk of losing key 
                ecosystem components from fire;
                    (C) fire frequencies have increased or decreased 
                from historical frequencies by 1 or more return 
                intervals, resulting in moderate changes to--
                          (i) the size, frequency, intensity, or 
                      severity of fires; or
                          (ii) landscape patterns; and
                    (D) vegetation attributes have been moderately 
                altered from the historical range of the attributes.
            (5) Condition class 3.--The term ``condition class 3'', with 
        respect to an area of Federal land, means the condition class 
        description developed by the Rocky Mountain Research Station in 
        the general technical report referred to in paragraph (4) 
        (including any subsequent revision to the report), under which--
                    (A) fire regimes on land have been significantly 
                altered from historical ranges;
                    (B) there exists a high risk of losing key ecosystem 
                components from fire;
                    (C) fire frequencies have departed from historical 
                frequencies by multiple return intervals, resulting in 
                dramatic changes to--
                          (i) the size, frequency, intensity, or 
                      severity of fires; or
                          (ii) landscape patterns; and
                    (D) vegetation attributes have been significantly 
                altered from the historical range of the attributes.
            (6) Day.--The term ``day'' means--
                    (A) a calendar day; or
                    (B) if a deadline imposed by this title would expire 
                on a nonbusiness day, the end of the next business day.
            (7) Decision document.--The term ``decision document'' 
        means--
                    (A) a decision notice (as that term is used in the 
                Forest Service Handbook);
                    (B) a decision record (as that term is used in the 
                Bureau of Land Management Handbook); and
                    (C) a record of decision (as that term is used in 
                applicable regulations of the Council on Environmental 
                Quality).
            (8) Fire regime i.--The term ``fire regime I'' means an 
        area--
                    (A) in which historically there have been low-
                severity fires with a frequency of 0 through 35 years; 
                and
                    (B) that is located primarily in low elevation 
                forests of pine, oak, or pinyon juniper.
            (9) Fire regime ii.--The term ``fire regime II'' means an 
        area--
                    (A) in which historically there are stand 
                replacement severity fires with a frequency of 0 through 
                35 years; and
                    (B) that is located primarily in low- to mid-
                elevation rangeland, grassland, or shrubland.

[[Page 117 STAT. 1891]]

            (10) Fire regime iii.--The term ``fire regime III'' means an 
        area--
                    (A) in which historically there are mixed severity 
                fires with a frequency of 35 through 100 years; and
                    (B) that is located primarily in forests of mixed 
                conifer, dry Douglas fir, or wet Ponderosa pine.
            (11) Implementation plan.--The term ``Implementation Plan'' 
        means the Implementation Plan for the Comprehensive Strategy for 
        a Collaborative Approach for Reducing Wildland Fire Risks to 
        Communities and the Environment, dated May 2002, developed 
        pursuant to the conference report to accompany the Department of 
        the Interior and Related Agencies Appropriations Act, 2001 
        (House Report No. 106-64) (and subsequent revisions).
            (12) Municipal water supply system.--The term ``municipal 
        water supply system'' means the reservoirs, canals, ditches, 
        flumes, laterals, pipes, pipelines, and other surface facilities 
        and systems constructed or installed for the collection, 
        impoundment, storage, transportation, or distribution of 
        drinking water.
            (13) Resource management plan.--The term ``resource 
        management plan'' means--
                    (A) a land and resource management plan prepared for 
                1 or more units of land of the National Forest System 
                described in section 3(1)(A) under section 6 of the 
                Forest and Rangeland Renewable Resources Planning Act of 
                1974 (16 U.S.C. 1604); or
                    (B) a land use plan prepared for 1 or more units of 
                the public land described in section 3(1)(B) under 
                section 202 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1712).
            (14) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land of the National Forest System described in section 
                3(1)(A); and
                    (B) the Secretary of the Interior, with respect to 
                public lands described in section 3(1)(B).
            (15) Threatened and endangered species habitat.--The term 
        ``threatened and endangered species habitat'' means Federal land 
        identified in--
                    (A) a determination that a species is an endangered 
                species or a threatened species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.);

Other Popular 108th Congressional Public Laws Documents:

Other Documents:

108th Congressional Public Laws Records and Documents