Oct. 30, 2003 sees Congressional Record publish “TEXT OF AMENDMENTS”

Friday, Sep 24, 2021 @ 7:05pm By EP News Wire Reports

Volume 149, No. 155 covering the 1st Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S13681-S13695 on Oct. 30, 2003.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2030. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill H.R. 1904, 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; as follows:

On page 17, line 16, after ``(3)'' insert ``(4)''

On page 18, line 23, strike ``by implementing'' and insert

``and implement''

On page 19, line 11, strike ``by implementing'' and insert

``and implement''

______

SA 2031. Mr. BINGAMAN (for himself, Mr. Reid, and Ms. Cantwell) proposed an amendment to the bill H.R. 1904, 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; as follows:

At the appropriate place, insert the following two new sections:

SEC. . BORROWING AUTHORITY FOR FIRE SUPPRESSION.

(a) In General.--The Secretary of the Treasury shall, upon the request of the Secretary of Agriculture, make available to the Secretary of Agriculture, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary in each fiscal year to carry out fire suppression activities. The Secretary of Agriculture may make such request only if fire suppression costs exceed the amount of funding available to the Forest Service for fire suppression in a fiscal year.

(b) Audit.--Not later than 180 days after the Secretary of Agriculture exercises the authority provided by this section, the Inspector General of the Department of Agriculture shall submit to the Secretary and to the Congress an audit of expenditures of funds provided under this section. Upon a determination by the Inspector General that specific amounts of such funds were used for purposes other than fire suppression, or upon a determination that specific expenditures of such funds were both unreasonable and excessive, the Secretary, not later than 30 days after receiving the audit of the Inspector General, shall reimburse the Treasury, out of unobligated balances for the Forest Service for the fiscal year in which the funds were provided, for the amounts so identified by the Inspector General.

SEC. . COMMUNITY PROTECTION AND BURNED AREA RESTORATION.

(a) In General.--During fiscal years 2004 through 2008, the Secretaries shall carry out a joint program to reduce the risk of wildfire to structures and restore burned areas on non-Federal lands, including county-owned lands, tribal lands, nonindustrial private lands, and State lands, using the authorities available pursuant to this section, the National Fire Plan and the Emergency Watershed Protection program.

(b) Cost Share Grants.--In implementing this section, the Secretaries may make cost-share grants to Indian tribes, local fire districts, municipalities, homeowner associations, and counties, to remove, transport, and dispose of hazardous fuels around homes and property to--

(1) prevent structural damage as a result of wildfire, or

(2) to restore or rehabilitate burned areas on non-Federal lands.

(c) Non-Federal Contribution.--The non-Federal contribution may be in the form of cash or in-kind contribution.

(d) Appropriation and Availability of Funds.--The Secretary of the Treasury shall make available to the Secretaries out of any money in the Treasury not otherwise appropriated

$100,000,000 for each of fiscal years 2004 through 2008 to carry out this section, which shall remain available until expended.

______

SA 2032. Mr. SANTORUM (for himself and Mr. Biden) submitted an amendment intended to be proposed by him to the bill H.R. 2800, making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2004, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC

INITIATIVE.

Section 1625(a)(1)(B)(ii) of the International Financial Institutions Act (as added by section 501 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25)) is amended by striking

``subparagraph (A)'' and inserting ``clause (i)''.

______

SA 2033. Ms. COLLINS (for herself, Mr. Reed, Mr. Harkin, and Ms. Snowe) submitted an amendment intended to be proposed by her to the bill H.R. 1904, 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; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8__. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE

PROGRAM; FOREST LEGACY PROGRAM.

(a) Suburban and Community Forestry and Open Space Program.--The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) is amended by adding at the end the following:

``SEC. 21. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE

PROGRAM.

``(a) Definitions.--In this section:

``(1) Committee.--The term `Committee' means a State Forest Stewardship Coordinating Committee established under section 19(b).

``(2) Eligible entity.--The term `eligible entity' means a unit of local government or a nonprofit organization that--

``(A) the Secretary determines, in accordance with the criteria established under subsection (c)(1)(A)(ii)(II) is eligible to receive a grant under subsection (c)(2); and

``(B) the State forester, in consultation with the Committee, determines--

``(i) has the abilities necessary to acquire and manage interests in real property; and

``(ii) has the resources necessary to monitor and enforce any terms applicable to the eligible project.

``(3) Eligible project.--The term `eligible project' means a fee purchase, easement, or donation of land to conserve private forest land identified for conservation under subsection (c)(1)(A)(ii)(I).

``(4) 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).

``(5) Nonprofit organization.--The term `nonprofit organization' means any organization that is--

``(A) described in section 501(c) of the Internal Revenue Code of 1986; and

``(B) exempt from taxation under 501(a) of the Internal Revenue Code of 1986.

``(6) Private forest land.--The term `private forest land' means land that is--

``(A) capable of producing commercial forest products; and

``(B) owned by--

``(i) a private entity; or

``(ii) an Indian tribe.

``(7) Program.--The term `program' means the Suburban and Community Forestry and Open Space Program established by subsection (b).

``(8) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service.

``(b) Establishment.--

``(1) In general.--There is established within the Forest Service a program to be known as the `Suburban and Community Forestry and Open Space Program'.

``(2) Purpose.--The purpose of the program is to provide assistance to eligible entities to carry out eligible projects in States in which less than 25 percent of the land is owned by the United States to--

``(A) conserve private forest land and maintain working forests in areas threatened by significant suburban sprawl or by conversion to nonforest uses; and

``(B) provide communities a means by which to address significant suburban sprawl.

``(c) Grant Program.--

``(1) Identification of eligible private forest land.--

``(A) Criteria.--

``(i) National criteria.--The Secretary shall establish national eligibility criteria for the identification of private forest land that may be conserved under this section.

``(ii) State criteria.--The State forester, in consultation with the Committee, shall, based on the criteria established under clause (i), and subject to the approval of the Secretary, establish criteria for--

``(I) the identification, subject to subparagraph (B), of private forest land in each State that may be conserved under this section; and

``(II) the identification of eligible entities.

``(B) Conditions for eligible private forest land.--Private forest land identified for conservation under subparagraph

(A)(ii)(I) shall be land that--

``(i) is located in a State in which less than 25 percent of the land is owned by the United States; and

``(ii) as determined by the State forester, in consultation with the Committee and subject to the approval of the Secretary--

``(I) is located in an area that is affected, or threatened to be affected, by significant suburban sprawl, taking into account housing needs in the area; and

``(II) is threatened by present or future conversion to nonforest use.

``(2) Grants.--

``(A) Eligible projects.--

``(i) In general.--In carrying out this section, the Secretary shall award competitive grants to eligible entities to carry out eligible projects.

``(ii) Public access.--Eligible entities are encouraged to provide public access to land on which an eligible project is carried out.

``(B) Application; stewardship plan.--An eligible entity that seeks to receive a grant under this section shall submit to the State forester--

``(i) at such time and in such form as the Secretary shall prescribe, an application for the grant (including a description of any private forest land to be conserved using funds from the grant and a description of the extent of the threat of conversion to nonforest use); and

``(ii) a stewardship plan that describes the manner in which--

``(I) any private forest land to be conserved using funds from the grant will be managed in accordance with this section;

``(II) the stewardship plan will be implemented; and

``(III) the public benefits to be achieved from implementation of the stewardship plan.

``(C) Assessment of need.--With respect to an application submitted under subparagraph (B), the State forester shall--

``(i) assess the need for preserving suburban forest land and open space and containing suburban sprawl in the State, taking into account the housing needs of the area in which the eligible project is to be carried out; and

``(ii) submit to the Secretary--

``(I) the application submitted under subparagraph (B); and

``(II) the assessment of need.

``(D) Approval or disapproval.--

``(i) In general.--Subject to clause (ii), as soon as practicable after the date on which the Secretary receives an application under subparagraph (C)(ii) or a resubmission under subclause (II)(bb)(BB), the Secretary shall--

``(I) review the application; and

``(II)(aa) award a grant to the applicant; or

``(bb)(AA) disapprove the application; and

``(BB) provide the applicant a statement that describes the reasons why the application was disapproved (including a deadline by which the applicant may resubmit the application).

``(ii) Considerations; priority.--In awarding grants under this section, the Secretary shall--

``(I) consider the need for the eligible project based on the assessment of need submitted under subparagraph (C) and subject to any criteria under paragraph (1); and

``(II) give priority to applicants that propose to fund eligible projects that promote--

``(aa) the preservation of suburban forest land and open space;

``(bb) the containment of suburban sprawl;

``(cc) the sustainable management of private forest land;

``(dd) community involvement in determining the objectives for eligible projects that are funded under this section; and

``(ee) community and school education programs and curricula relating to sustainable forestry.

``(3) Cost sharing.--

``(A) In general.--The amount of a grant awarded under this section to carry out an eligible project shall not exceed 50 percent of the total cost of the eligible project.

``(B) Assurances.--As a condition of receipt of a grant under this section, an eligible entity shall provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.

``(C) Form.--The share of the cost of carrying out any eligible project described in subparagraph (A) that is not funded by a grant awarded under this section may be provided in cash or in kind (including a donation of land).

``(d) Use of Grant Funds for Purchases of Land or Easements.--

``(1) Purchases.--

``(A) In general.--Except as provided in subparagraph (B), funds made available, and grants awarded, under this section may be used to purchase private forest land or interests in private forest land (including conservation easements) only from willing sellers at fair market value.

``(B) Sales at less than fair market value.--A sale of private forest land or an interest in private forest land at less than fair market value shall be permitted only on certification by the landowner that the sale is being entered into willingly and without coercion.

``(2) Title.--Title to private forest land or an interest in private forest land purchased under paragraph (1) may be held, as determined appropriate by the Secretary, by--

``(A) a State;

``(B) a unit of local government; or

``(C) a nonprofit organization.

``(3) Termination of easement.--

``(A) In general.--Except as provided in subparagraph (B), all right, title, and interest of a unit of local government or nonprofit organization in and to a conservation easement shall terminate and vest in the State if the State determines that--

``(i) the unit of local government or nonprofit organization is unable or unwilling to enforce the terms of the conservation easement; or

``(ii) the conservation easement has been modified in a way that is inconsistent with the purposes of the program.

``(B) Conveyance to another unit of local government or nonprofit organization.--If the State makes a determination under subparagraph (A), the State may convey or authorize the unit of local government or nonprofit organization to convey the conservation easement to another unit of local government or nonprofit organization.

``(e) Administrative Costs.--The State, on approval of the Secretary and subject to any regulations promulgated by the Secretary, may use amounts made available under subsection

(g) to pay the administrative costs of the State relating to the program.

``(f) Report.--The Secretary shall submit to Congress a report on the eligible projects carried out under this section in accordance with section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)).

``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--

``(1) $50,000,000 for fiscal year 2004; and

``(2) such sums as are necessary for each fiscal year thereafter.''.

(b) Forest Legacy Program.--Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended--

(1) in subsection (c), by striking the last sentence;

(2) in subsection (i), by striking ``subsection (b)'' and inserting ``this section'';

(3) in subsection (j)(1), by inserting ``(other than by donation)'' after ``acquired'';

(4) in subsection (k)(2), by striking ``the United States or its'' and inserting ``the United States, a State, or other entity, or their''; and

(5) in subsection (l), by adding at the end the following:

``(3) State authorization.--

``(A) Definition of state forester.--The term `State forester' has the meaning given the term in section 4(k).

``(B) In general.--Notwithstanding subsection (c) and paragraph (2)(B), the Secretary shall, on request by a State, authorize the State to allow a qualified organization (as defined in section 170(h)(3) of the Internal Revenue Code of 1986) and that is organized for at least 1 of the purposes described in section 170(h)(4)(A) of that Code, using amounts granted to a State under this paragraph, to acquire 1 or more conservation easements to carry out the Forest Legacy Program in the State.

``(C) Eligibility.--To be eligible to acquire and manage conservation easements under this paragraph, a qualified organization described in subparagraph (B) shall, as determined by the Secretary, acting through the State forester, demonstrate the abilities necessary to acquire, monitor, and enforce interests in forest land consistent with the Forest Legacy Program and the assessment of need for the State.

``(D) Monitoring and enforcement.--

``(i) In general.--A qualified organization that acquires a conservation easement under this paragraph shall be responsible for monitoring and enforcing the terms of the conservation easement and any of the costs of the qualified organization associated with such monitoring and enforcement.

``(ii) Contingent rights.--If a qualified organization that acquires a conservation easement under this paragraph fails to enforce the terms of the conservation easement, as determined by the State, the State or the Secretary shall have the right to enforce the terms of the conservation easement under Federal or State law.

``(iii) Amendments.--Any amendments to a conservation easement that materially affect the terms of the conservation easement shall be subject to approval by the Secretary or the State, as appropriate.

``(E) Termination of easement.--

``(i) In general.--Except as provided in clause (ii), all right, title, and interest of a qualified organization described in subparagraph (B) in and to a conservation easement shall terminate and vest in the State or a qualified designee if the State determines that--

``(I) the qualified organization fails to enforce the terms of the conservation easement;

``(II) the conservation easement has been modified in a way that is inconsistent with the purposes of the Forest Legacy Program or the assessment of need for the State; or

``(III) the conservation easement has been conveyed to another person (other than to a qualified organization).

``(ii) Conveyance to another qualified organization.--If the State makes a determination under clause (i), the State may convey or authorize the qualified organization to convey the conservation easement to another qualified organization.

``(F) Implementation.--The Secretary, acting through the State forester, shall implement this paragraph in accordance with the assessment of need for the State as approved by the Secretary.''.

______

SA 2034. Mr. BROWNBACK submitted an amendment intended to be proposed by him to the bill H.R. 1904, 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; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8__. SOIL AND FOREST CARBON SEQUESTRATION PROGRAM

(a) Definitions.--In this section:

(1) Advisory panel.--The term ``Advisory Panel'' means the Soil and Forestry Carbon Sequestration Panel established under subsection (d).

(2) Eligible forest carbon activity.--The term ``eligible forest carbon activity'' means a forest management action that--

(A)(i) helps restore forest land that has been underproducing or understocked for more than 5 years; or

(ii) maintains natural forest under a permanent conservation easement;

(B) provides for protection of a forest from nonforest use;

(C) allows a variety of sustainable management alternatives;

(D) maintains or improves a watershed or fish and wildlife habitat; or

(E) demonstrates permanence of carbon sequestration and promotes and sustains native species.

(3) Forest carbon reservoir.--The term ``forest carbon reservoir'' means carbon that is stored in aboveground or underground soil and other biomass that are associated with a forest ecosystem.

(4) Forest carbon sequestration program.--The term ``forest carbon sequestration program'' means the program established under subsection (b).

(5) Forest land.--

(A) In general.--The term ``forest land'' means a parcel of land that is, or has been, at least 10 percent stocked by forest trees of any size.

(B) Inclusions.--The term ``forest land'' includes--

(i) land on which forest cover may be naturally or artificially regenerated; and

(ii) a transition zone between a forested area and nonforested area that is capable of sustaining forest cover.

(6) Forest management action.--

(A) In general.--The term ``forest management action'' means an action that--

(i) applies forestry principles to the regeneration, management, use or conservation of forests to meet specific goals and objectives;

(ii) demonstrates permanence of carbon sequestration and promotes and sustains native species; and

(iii) maintains the ecological sustainability and productivity of the forests or protects natural forests under a permanent conservation easement.

(B) Inclusions.--The term ``forest management action'' includes management and use of forest land for the benefit of aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products, or other forest values.

(7) Reforestation.--

(A) In general.--The term ``reforestation'' means the reestablishment of forest cover naturally or artificially.

(B) Inclusions.--The term ``reforestation'' includes planned replanting, reseeding, and natural regeneration.

(8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

(9) Soil carbon sequestration program.--The term ``soil carbon sequestration program'' means the program established under subsection (c).

(10) State.--The term ``State'' includes a political subdivision of a State.

(11) Willing owner.--The term ``willing owner'' means a State or local government, Indian tribe, private entity, or other person or non-Federal organization that owns forest land and is willing to participate in the forest carbon sequestration program.

(b) Forest Carbon Sequestration Program.--

(1) In general.--The Secretary, acting through the Chief of the Forest Service and in collaboration with State foresters, State resource management agencies, and interested nongovernmental organizations, shall establish a forest carbon sequestration program under which the Secretary, directly or through agreements with 1 or more States, may enter into cooperative agreements with willing owners of forest land to carry out forest management actions or eligible forest carbon activities on not more than a total of 5,000 acres of forest land holdings to create or maintain a forest carbon reservoir.

(2) Assistance to states.--

(A) In general.--The Secretary shall provide assistance to States for the purpose of entering into cooperative agreements with willing owners of forest land to carry out eligible forest carbon activities on forest land.

(B) Reporting.--As a condition of receiving assistance under subparagraph (A), a State shall annually submit to the Secretary a report disclosing the estimated quantity of carbon stored through the cooperative agreement.

(3) Bonneville power administration.--Each of the States of Washington, Oregon, Idaho, and Montana may apply for funding from the Bonneville Power Administration for purposes of funding a cooperative agreement that meets the fish and wildlife objectives and priorities of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), but only to the extent the cooperative agreement also meets the objectives of this subsection.

(c) Soil Carbon Sequestration Program.--

(1) Establishment.--

(A) In general.--The Secretary, acting through the Natural Resources Conservation Service and in cooperation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall carry out 4 or more pilot programs to--

(i) develop, demonstrate, and verify the best management practices for enhanced soil carbon sequestration on agricultural land; and

(ii) evaluate and establish standardized monitoring and verification methods and protocols.

(B) Criteria.--The Secretary shall select a pilot program based on--

(i) the merit of the proposed program; and

(ii) the diversity of soil types, climate zones, crop types, cropping patterns, and sequestration practices available at the site of the proposed program.

(2) Requirements.--A pilot program carried out under this subsection shall--

(A) involve agricultural producers in--

(i) the development and verification of best management practices for carbon sequestration; and

(ii) the development and evaluation of carbon monitoring and verification methods and protocols on agricultural land;

(B) involve research and testing of the best management practices and monitoring and verification methods and protocols in various soil types and climate zones;

(C) analyze the effects of the adoption of the best management practices on--

(i) greenhouse gas emissions, water quality, and other aspects of the environment at the watershed level; and

(ii) the full range of greenhouse gases; and

(D) use the results of the research conducted under the program to--

(i)(I) develop best management practices for use by agricultural producers;

(II) provide a comparison of the costs and net greenhouse effects of the best management practices; and

(III) encourage agricultural producers to adopt the best management practices; and

(ii) develop best management practices on a regional basis for use in watersheds and States not participating in the pilot programs.

(d) Soil and Forestry Carbon Sequestration Panel.--

(1) Establishment.--The Secretary (acting through the Chief of the Forest Service and the Natural Resources Conservation Service) shall establish a Soil and forestry Carbon Sequestration Panel for the purposes of--

(A) advising the Secretary in the development and updating of guidelines for accurate voluntary reporting of greenhouse gas sequestration from forest management actions and agricultural best management practices;

(B) evaluating the potential effectiveness (including cost effectiveness) of the guidelines, in verifying carbon inputs and outputs and assessing impacts on other greenhouse gases from various forest management strategies and agricultural best management practices;

(C) estimating the effect of proposed implementation of the guidelines on--

(i) carbon sequestration and storage; and

(ii) the net emissions of other greenhouse gases;

(D) providing estimates on the rates of carbon sequestration and net nitrous oxide and methane impacts for forests and various plants, agricultural commodities, and agricultural practices for the purpose of assisting the Secretary in determining the acceptability of the cooperative agreement offers made by willing owners;

(E) proposing to the Secretary the standardized methods for--

(i) measuring carbon sequestered in soils and in forests; and

(ii) estimating the impacts of the forest carbon sequestration program and the soil carbon sequestration program on other greenhouse gases; and

(F) assisting the Secretary in reporting to Congress on the results of the forest carbon sequestration program and the soil carbon sequestration program.

(2) Membership.--The Advisory Panel shall be composed of the following members with interest and expertise in soil carbon sequestration and forestry management, appointed jointly by the Secretary:

(A) 1 member representing national professional forestry organizations.

(B) 1 member representing national agriculture organizations.

(C) 2 members representing environmental or conservation organizations.

(D) 1 member representing Indian tribes.

(E) 3 members representing the academic scientific community.

(F) 2 members representing State forestry organizations.

(G) 2 members representing State agricultural organizations.

(H) 1 member representing the Environmental Protection Agency.

(I) 1 member representing the Department of Agriculture.

(3) Terms.--

(A) In general.--Except as provided in subparagraph (B) a member of the Advisory Panel shall be appointed for a term of 3 years.

(B) Initial terms.--Of the members first appointed to the Advisory Panel--

(i) 1 member appointed under each paragraphs (B), (D), (F), and (H) shall serve an initial term of 1 year; and

(ii) 1 member appointed under each of paragraphs (A), (C),

(E), (G), and (I) shall serve an initial term of 2 years.

(C) Vacancies.--

(i) In general.--A vacancy on the Advisory Panel shall be filled in the manner in which the original appointment was made.

(ii) Partial term.--A member appointed to fill a vacancy occurring before the expiration of the term shall be appointed only for the remainder of the term.

(iii) Successive terms.--An individual may not be appointed to serve on the Advisory Panel for more than 2 full consecutive terms.

(4) Existing councils.--The Secretary may use an existing council to perform the tasks of the Advisory Panel if--

(A) representation on the council, the terms and background of members of the council, and the responsibilities of the council reflect those of the Advisory Panel; and

(B) those responsibilities are a priority for the council.

(e) Standardization of Carbon Sequestration Measurement Protocols.--

(1) Accurate monitoring, measurement, and reporting.--

(A) In general.--The Secretary, in collaboration with the States, shall--

(i) develop standardized measurement protocols for--

(I) carbon sequestered in soils and trees; and

(II) impacts on other greenhouse gases;

(ii)(I) develop standardized forms to monitor sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program; and

(II) distribute the forms to participants in the forest carbon sequestration program and the soil carbon sequestration program; and

(iii) at least once every 5 years, submit to the appropriate committees of Congress a report on the forest carbon sequestration program and the soil carbon sequestration program.

(B) Contents of report.--A report under subparagraph

(A)(iii) shall describe--

(i) carbon sequestration improvements made as a result of the forest carbon sequestration program and the soil carbon sequestration program;

(ii) carbon sequestration practices on land owned by participants in the forest carbon sequestration program and the soil carbon sequestration program; and

(iii) the degree of compliance with any cooperative agreements, contracts, or other arrangements entered into under this section.

(2) Educational outreach.--The Secretary, acting through the Cooperative State Research, Education, and Extension Service, and in consultation with the Consortium for Agricultural Soils Mitigation of Greenhouse Gases, shall conduct an educational outreach program to collect and disseminate to owners and operators of agricultural and forest land research-based information on agriculture and forest management practices that will increase the sequestration of carbon, without threat to the social and economic well-being of communities.

(3) Periodic review.--At least once every 2 years, the Secretary shall--

(A) convene the Advisory Panel to evaluate the latest scientific and observational information on reporting, monitoring, and verification of carbon storage from forest management and soil sequestration actions; and

(B) issue revised recommendations for reporting, monitoring, and verification of carbon storage from forest management actions and agricultural best management practices as necessary.

(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

______

SA 2035. Mr. BINGAMAN proposed an amendment to the bill H.R. 1904, 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; as follows:

At the appropriate place, insert the following new section:

``SEC. . LONG-TERM FUEL MANAGEMENT.

In implementing hazardous fuels reduction projects, the Secretaries shall ensure that--

(1) a slash treatment plan is completed;

(2) acres are not identified as treated, in annual program accomplishment reports, until all phases of a multi-year project such as thinning, slash reduction, and prescribed burning are completed; and

(3) a system to track the budgeting and implementation of follow-up treatments shall be used to account for the long-term maintenance of areas managed to reduce hazardous fuels.''

______

SA 2036. Mr. BINGAMAN proposed an amendment to the bill H.R. 1904, 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; as follows:

At the appropriate place, insert the following new section:

``SEC. . COLLABORATIVE MONITORING.

(a) In General.--The Secretaries shall establish a collaborative monitoring, evaluation, and accountability process in order to assess the positive or negative ecological and social effects of a representative sampling of projects implemented pursuant to title I and section 404 of this Act. The Secretaries shall include diverse stakeholders, including interested citizens and Indian tribes, in the monitoring and evaluation process.

(b) Means.--The Secretaries may collect monitoring data using cooperative agreements, grants or contracts with small or micro-businesses, cooperatives, non-profit organizations, Youth Conservation Corps work crews or related partnerships with State, local, and other non-Federal conservation corps.

(c) Funds.--Funds to implement this section shall be derived from hazardous fuels operations funds.''

______

SA 2037. Mr. BAUCUS (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill H.R. 1904, 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; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8__. BUREAU OF LAND MANAGEMENT EMERGENCY FIREFIGHTING

FUND.

(a) Establishment.--There is established in the Treasury of the United States a fund to be used to pay 80 percent of the cost to the United States for Bureau of Land Management emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities (referred to in this section as the ``Fund''), consisting of--

(1) such amounts as are appropriated to the Fund under subsection (e);

(2) such amounts as are appropriated but not expended for fire suppression activities, to be transferred to the Fund by the Secretary of the Interior; and

(3) any interest earned on investment of amounts in the Fund under subsection (c).

(b) Expenditures From Fund.--Subject to paragraph (2), upon request by the Secretary of the Interior, the Secretary of the Treasury shall transfer from the Fund to the Secretary of the Interior such amounts as the Secretary of the Interior determines is necessary for wildland fire suppression activities under subsection (a).

(c) Investment of Amounts.--

(1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

(2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired--

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

(4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(d) Accounting and Reporting System.--The Secretary of the Interior shall establish an accounting and reporting system for the Fund in accordance with National Fire Plan reporting procedures.

(e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund--

(1) for fiscal year 2004, $160,000,000 for emergency wildland fire suppression activities carried out by the Bureau of Land Management that exceed amounts annually appropriated for wildland fire suppression activities; and

(2) for each subsequent fiscal year, such amount as is necessary to maintain in the Fund the amount that is equal to 80 percent of the greatest of the amounts incurred by the Secretary of the Interior for emergency fire suppression during any of the 5 preceding fiscal years that exceed amounts annually appropriated for wildland fire suppression activities.

SEC. 8__. FOREST SERVICE EMERGENCY FIREFIGHTING FUND.

(a) Establishment.--There is established in the Treasury of the United States a fund to be used to pay 80 percent of the cost to the United States for Forest Service emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities (referred to in this section as the ``Fund''), consisting of--

(1) such amounts as are appropriated to the Fund under subsection (e);

(2) such amounts as are appropriated but not expended for fire suppression activities, to be transferred to the Fund by the Secretary of Agriculture; and

(3) any interest earned on investment of amounts in the Fund under subsection (c).

(b) Expenditures From Fund.--Subject to paragraph (2), upon request by the Secretary of Agriculture, the Secretary of the Treasury shall transfer from the Fund to the Secretary of Agriculture such amounts as the Secretary of Agriculture determines is necessary for wildland fire suppression activities under subsection (a).

(c) Investment of Amounts.--

(1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

(2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired--

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

(4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(d) Accounting and Reporting System.--The Secretary of Agriculture shall establish an accounting and reporting system for the Fund in accordance with National Fire Plan reporting procedures.

(e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund--

(1) for fiscal year 2004, $510,000,000 for emergency wildland fire suppression activities carried out by the Forest Service that exceed amounts annually appropriated for wildland fire suppression activities; and

(2) for each subsequent fiscal year, such amount as is necessary to maintain in the Fund the amount that is equal to 80 percent of the greatest of the amounts incurred by the Secretary of Agriculture for emergency fire suppression during any of the 5 preceding fiscal years that exceed amounts annually appropriated for wildland fire suppression activities.

______

SA 2038. Ms. CANTWELL (for herself and Mr. Jeffords) submitted an amendment intended to be proposed by her to the bill H.R. 1904, 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; as follows:

In section 104, strike subsection (b) and insert the following:

(b) Study of the Analysis of Alternatives.--

(1) In general.--The Comptroller General of the United States shall study the environmental and economic costs and benefits of the analysis of alternatives in environmental assessments and environmental impact statements (pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))) prepared for any authorized hazardous fuel reduction project, including the extent to which the analysis of alternatives delays or otherwise affects the preparation and completion of authorized hazardous fuel reduction projects.

(2) Report.--Not later than 120 days after the date of enactment of this Act, the Comptroller General shall submit a report describing the results of the study under paragraph

(1) to--

(A) the Committee on Energy and Natural Resources of the Senate;

(B) the Committee on Resources of the House of Representatives;

(C) the Committee on Agriculture of the House of Representatives;

(D) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(E) the Subcommittee on Interior of the Committee on Appropriations of the Senate; and

(F) the Subcommittee on Interior and Related Agencies of the Committee on Appropriations of the House of Representatives.

______

SA 2039. Mr. LEAHY (for himself, Mrs. Boxer, Mr. Harkin, Mr. Bingaman, and Mr. Durbin) proposed an amendment to the bill H.R. 1904, 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; as follows:

Strike sections 105 and 106.

______

SA 2040. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill H.R. 1904, 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; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 8__. WILDLAND FIREFIGHTER SAFETY.

(a) Definition of Secretary.--In this section, the term

``Secretary'' means--

(1) the Secretary of Agriculture, with respect to land of the National Forest System described in section 3(1)(A); and

(2) the Secretary of the Interior, with respect to public lands described in section 3(1)(B).

(b) Firefighter Safety and Training Budget.--The Secretary shall--

(1) track funds expended for firefighter safety and training programs and activities; and

(2) include a line item for such expenditures in each budget request submitted after the date of enactment of this Act.

(c) Annual Report to Congress.--The Secretaries shall, on an annual basis, jointly submit to Congress a report on the implementation and efficacy of wildland firefighter safety and training programs and activities.-

(d) Safety Qualification of Private Contractors.--

(1) In general.--The Secretaries shall ensure that any Federal contract or agreement entered into with a private entity for wildland firefighting services requires the entity to provide firefighter training that is consistent with qualification standards established by the National Wildfire Coordinating Group.

(2) Compliance.--The Secretaries shall develop a program to monitor and enforce compliance with the requirements of paragraph (1).

______

SA 2041. Mr. ENSIGN (for himself, Ms. Cantwell, and Mr. Santorum) submitted an amendment intended to be proposed by him to the bill H.R. 1904. 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; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

SEC. 8__. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER

THE ANIMAL WELFARE ACT.

(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--

(1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively;

(2) by inserting after subsection (b) the following:

``(c) Sharp Instruments.--It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture.'';

(3) in subsection (e) (as redesignated by paragraph (1)), by striking ``(c)'' and inserting ``(d)'';

(4) in subsection (f) (as redesignated by paragraph (1))--

(A) by striking ``(a), (b), or (c)'' and inserting ``(a),

(b), (c), or (d)''; and

(B) by striking ``1 year'' and inserting ``2 years'';

(5) by striking subsection (g) (as redesignated by paragraph (1)) and inserting the following:

``(g) Investigations.--

``(1) In general.--The Secretary or any person authorized by the Secretary shall make such investigations as the Secretary considers necessary to determine whether any person has violated or is violating any provision of this section.

``(2) Assistance.--Through cooperative agreements, the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, and other law enforcement agencies of the United States and of State, tribal, and local governmental agencies in the conduct of an investigation under paragraph (1).

``(3) Warrants.--

``(A) Issuance.--A judge of the United States, United States magistrate judge, or judge of a State or tribal court of competent jurisdiction in the district in which is located an animal, paraphernalia, instrument, or other property or thing that there is probable cause to believe was involved, is about to be involved, or is intended to be involved in a violation of this section shall issue a warrant to search for and seize the animal or other property or thing.

``(B) Application; execution.--A United States marshal or any person authorized under this section to conduct an investigation may apply for and execute a warrant issued under subparagraph (A), and any animal, paraphernalia, instrument, or other property or thing seized under such a warrant shall be held by the authorized person pending disposition of the animal, paraphernalia, instrument, or other property or thing by a court in accordance with this subsection.

``(4) Storage of animals.--

``(A) In general.--An animal seized by a United States marshal or other authorized person under paragraph (3) shall be taken promptly to an animal housing facility in which the animal shall be stored humanely.

``(B) No facility available.--If there is not available a suitable animal storage facility sufficient in size to hold all of the animals involved in a violation, a United States marshal or other authorized person shall--

``(i) seize a representative sample of the animals for evidentiary purposes to be transported to an animal storage facility in which the animals shall be stored humanely; and

``(ii)(I) keep the remaining animals at the location where the animals were seized;

``(II) provide for the humane care of the animals; and

``(III) cause the animals to be banded, tagged, or marked by microchip and photographed or videotaped for evidentiary purposes.

``(5) Care.--While a seized animal is held in custody, a United States marshal or other authorized person shall ensure that the animal is provided necessary care (including housing, feeding, and veterinary treatment).

``(6) Forfeiture.--

``(A) In general.--Any animal, paraphernalia, instrument, vehicle, money, or other property or thing involved in a violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal, paraphernalia, instrument, vehicle, money, or other property or thing is found.

``(B) Disposition.--On entry of a judgment of forfeiture, a forfeited animal shall be disposed of by humane means, as the court may direct.

``(C) Costs.--Costs incurred by the United States for care of an animal seized and forfeited under this section shall be recoverable from the owner of the animal--

``(i) in the forfeiture proceeding, if the owner appears in the forfeiture proceeding; or

``(ii) in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business.

``(D) Claim to property.--

``(i) In general.--The owner, custodian, or other person claiming an interest in a seized animal may prevent disposition of the animal by posting, or may be ordered by any United States district court or other court of the United States, or by any tribal court, for any jurisdiction in which the animal is found to post, not later than 10 days after the animal is seized, a bond with the court in an amount sufficient to provide for the care of the animal (including housing, feeding, and veterinary treatment) for not less than 30 days.

``(ii) Renewal.--The owner, custodian, or other person claiming an interest in a seized animal may renew a bond, or be ordered to renew a bond, by posting a new bond, in an amount sufficient to provide for the care of the animal for at least an additional 30 days, not later than 10 days after the expiration of the period for which a previous bond was posted.

``(iii) Disposition.--If a bond expires and is not renewed, the animal may be disposed of as provided in subparagraph

(A).

``(7) Euthanization.--Notwithstanding paragraphs (1) through (6), an animal may be humanely euthanized if a veterinarian determines that the animal is suffering extreme pain.''; and

(6) in subsection (h) (as redesignated by paragraph (1))--

(A) in subparagraphs (A) and (B) of paragraph (2), by inserting before the semicolon the following: ``(including a movement to, from, or within land under the jurisdiction of an Indian tribe)''; and

(B) in paragraph (3), by striking ``telephone, radio, or television'' and inserting ``telephone, the Internet, radio, television, or any technology''.

(b) Authorization of Appropriations.--Section 23 of the Animal Welfare Act (7 U.S.C. 2153) is amended--

(1) by striking ``Sec. 23. The Secretary'' and inserting the following:

``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.

``(a) Fees.--The Secretary''; and

(2) by striking the third sentence and inserting the following:

``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

(c) Effective Date.--The amendments made by this section take effect on the later of--

(1) the date of enactment of this Act; or

(2) May 13, 2003.

______

SA 2042. Mr. BINGAMAN proposed an amendment to the bill H.R. 1904, 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; as follows:

At the appropriate place insert the following--

SEC. . BEST-VALUE CONTRACTING.

(a) To conduct a project under this Act, the Secretaries may use best value contracting criteria in awarding contracts and agreements. Best value contracting criteria includes--

(1) the ability of the contractor to meet the ecological goals of the projects;

(2) the use of equipment that will minimize or eliminate impacts on soils; and

(3) benefits to local communities such as ensuring that the byproducts are processed locally.

______

SA 2043. Mrs. BOXER (for herself and Mr. Reid) proposed an amendment to the bill H.R. 1904, 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; as follows:

On page 25 of Amendment No. 1828 (previously agreed to), line 7, strike ``50 percent'' and insert ``70 percent''.

______

SA 2044. Mr. LUGAR (for himself and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 1904, 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; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PUERTO RICO KARST CONSERVATION.

(a) Short Title.--This section may be cited as the ``Puerto Rico Karst Conservation Act of 2003''.

(b) Findings.--Congress finds that--

(1) in the Karst Region of the Commonwealth of Puerto Rico there are--

(A) some of the largest areas of tropical forests in Puerto Rico, with a higher density of tree species than any other area in the Commonwealth; and

(B) unique geological formations that are critical to the maintenance of aquifers and watersheds that constitute a principal water supply for much of the Commonwealth;

(2) the Karst Region is threatened by development that, if unchecked, could permanently damage the aquifers and cause irreparable damage to natural and environmental assets that are unique to the United States;

(3) the Commonwealth has 1 of the highest population densities in the United States, which makes the protection of the Karst Region imperative for the maintenance of the public health and welfare of the citizens of the Commonwealth;

(4) the Karst Region--

(A) possesses extraordinary ecological diversity, including the habitats of several endangered and threatened species and tropical migrants; and

(B) is an area of critical value to research in tropical forest management; and

(5) coordinated efforts at land protection by the Federal Government and the Commonwealth are necessary to conserve the environmentally critical Karst Region.

(c) Purposes.--The purposes of this section are--

(1) to authorize and support conservation efforts to acquire, manage, and protect the tropical forest areas of the Karst Region, with particular emphasis on water quality and the protection of the aquifers that are vital to the health and wellbeing of the citizens of the Commonwealth; and

(2) to promote cooperation among the Commonwealth, Federal agencies, corporations, organizations, and individuals in those conservation efforts.

(d) Definitions.--In this section:

(1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico.

(2) Forest legacy program.--The term ``Forest Legacy Program'' means the program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).

(3) Fund.--The term ``Fund'' means the Puerto Rico Karst Conservation Fund established by subsection (f).

(4) Karst region.--The term ``Karst Region'' means the areas in the Commonwealth generally depicted on the map entitled ``Karst Region Conservation Area'' and dated March 2001, which shall be on file and available for public inspection in--

(A) the Office of the Secretary, Puerto Rico Department of Natural and Environmental Resources; and

(B) the Office of the Chief of the Forest Service.

(5) Land.--The term ``land'' includes land, water, and an interest in land or water.

(6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

(e) Conservation of the Karst Region.--

(1) Federal cooperation and assistance.--In furtherance of the acquisition, protection, and management of land in and adjacent to the Karst Region and in implementing related natural resource conservation strategies, the Secretary may--

(A) make grants to and enter into contracts and cooperative agreements with the Commonwealth, other Federal agencies, organizations, corporations, and individuals; and

(B) use all authorities available to the Secretary, including--

(i) the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.);

(ii) section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318); and

(iii) section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

(2) Funding sources.--The activities authorized by this subsection may be carried out using--

(A) amounts in the Fund;

(B) amounts in the fund established by section 4(b) of the Forest and Rangeland Renewable Resources Research Act of 1978

(16 U.S.C. 1643(b));

(C) funds appropriated from the Land and Water Conservation Fund;

(D) funds appropriated for the Forest Legacy Program; and

(E) any other funds made available for those activities.

(3) Management.--

(A) In general.--Land acquired under this subsection shall be managed, in accordance with the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.), in a manner to protect and conserve the water quality and aquifers and the geological, ecological, fish and wildlife, and other natural values of the Karst Region.

(B) Failure to manage as required.--In any deed, grant, contract, or cooperative agreement implementing this subsection and the Forest Legacy Program in the Commonwealth, the Secretary may require that, if land acquired by the Commonwealth or other cooperating entity under this section is sold or conveyed in whole or part, or is not managed in conformity with subparagraph (A), title to the land shall, at the discretion of the Secretary, vest in the United States.

(4) Willing sellers.--Any land acquired by the Secretary in the Karst Region shall be acquired only from a willing seller.

(5) Relation to other authorities.--Nothing in this subsection--

(A) diminishes any other authority that the Secretary may have to acquire, protect, and manage land and natural resources in the Commonwealth; or

(B) exempts the Federal Government from Commonwealth water laws.

(f) Puerto Rico Karst Conservation Fund.--

(1) Establishment.--There is established in the Treasury an interest-bearing account to be known as the ``Puerto Rico Karst Conservation Fund''.

(2) Credits to fund.--There shall be credited to the Fund--

(A) amounts appropriated to the Fund;

(B) all amounts donated to the Fund;

(C) all amounts generated from the Caribbean National Forest that would, but for this paragraph, be deposited as miscellaneous receipts in the Treasury of the United States, but not including amounts authorized by law for payments to the Commonwealth or authorized by law for retention by the Secretary for any purpose;

(D) all amounts received by the Administrator of General Services from the disposal of surplus real property in the Commonwealth under subtitle I of title 40, United States Code; and

(E) interest derived from amounts in the Fund.

(3) Use of fund.--Amounts in the Fund shall be available to the Secretary until expended, without further appropriation, to carry out subsection (e).

(g) Miscellaneous Provisions.--

(1) Donations.--

(A) In general.--The Secretary may accept donations, including land and money, made by public and private agencies, corporations, organizations, and individuals in furtherance of the purposes of this subsection.

(B) Conflicts of interest.--The Secretary may accept donations even if the donor conducts business with or is regulated by the Department of Agriculture or any other Federal agency.

(C) Applicable law.--Public Law 95-442 (7 U.S.C. 2269) shall apply to donations accepted by the Secretary under this paragraph.

(2) Relation to forest legacy program.--

(A) In general.--All land in the Karst Region shall be eligible for inclusion in the Forest Legacy Program.

(B) Cost sharing.--The Secretary may credit donations made under paragraph (1) to satisfy any cost-sharing requirements of the Forest Legacy Program.

(h) Authorization of Appropriations.--

There are authorized to be appropriated such sums as are necessary to carry out this section.

______

SA 2045. Mr. HARKIN (for himself, Mr. Lautenberg, Mr. Kennedy, Mrs. Boxer, Mr. Leahy, and Mr. Durbin) proposed an amendment to the bill H.R. 1904, 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; as follows:

At the end of title I, add the following:

SEC. 109. AUTHORIZATION.

The authority provided by this title applies during the 5-year period beginning on the date of enactment of this Act.

______

SA 2046. Mr. COCHRAN proposed an amendment to the bill H.R. 1904, 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; as follows:

On page 5 of Amendment No. 1828 previously agreed to

(END03.775), line 23, strike ``Urban Wildlife'' and insert

``Wildland Urban''.

On page 7 of Amendment No. 1828, line 9, strike ``natural resources department'' and insert ``agency responsible for forest management''.

On page 17 of Amendment No. 1828, strike lines 6 through 8 and insert the following:

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

On page 18 of Amendment No. 1828, line 23, insert ``in carrying out a covered project'' after ``paragraph (2)''.

On page 19 of Amendment No. 1828, line 5, insert ``for the purpose of carrying out covered projects'' before the period.

On page 19 of Amendment No. 1828, line 11, insert ``in carrying out a covered project'' after ``paragraph (2)''.

On page 20 of Amendment No. 1828, line 12, strike ``period described in clause (ii)'' and insert ``applicable period described in subparagraph (A)''.

Beginning on page 20 of Amendment No. 1828, strike line 24 and all that follows through page 21, line 2, and insert the following:

(II) ending on the earlier of--

(aa) the date the Secretary completes the action required by subparagraph (B) for the standards; or

(bb) the date on which the acreage limitation specified in subsection (c) (as that limitation may be adjusted by subsequent Act of Congress) is reached.

On page 21 of Amendment No. 1828, strike lines 3 through 12.

On page 21 of Amendment No. 1828, lines 13 and 14, strike

``Subject to subsection (e), the'' and insert ``Except in old growth stands where the standards are consistent with subsection (e)(2), the''.

On page 25 of Amendment No. 1828, lines 20 and 21, strike

``authorized''.

On page 28 of Amendment No. 1828, strike lines 22 through 25.

On page 33 of Amendment No. 1828, line 6, strike

``Nothing'' and insert ``For projects and activities of the National Forest System other than authorized hazardous fuel reduction projects, nothing''.

On page 80 of the Committee amendment, strike lines 1 through 9 and insert the following:

(b) Funding.--Section 310(b) of the Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended by striking ``$49,000,000'' and inserting

``$54,000,000''.

On page 85 of the Committee amendment, line 11, strike

``The'' and insert ``In the case of a participating State, the''.

On page 85 of the Committee amendment, line 22, insert ``in participating States'' after ``officials''.

On page 85 of the Committee amendment, line 24, insert ``to participating States'' after ``provided''.

On page 86 of the Committee amendment, line 5, insert

``participating'' after ``official of a''.

On page 106 of the Committee amendment, strike lines 15 and 16 and insert the following:

(C) an agreement of not more than 99 years.

On page 107 of the Committee amendment, line 14, strike

``agreement and easement, and their'' and insert ``agreement, and''.

Beginning on page 108 of the Committee amendment, strike line 9 and all that follows through page 109, line 21, and insert the following:

(a) Agreements of Not More Than 99 Years.--In the case of land enrolled in the healthy forests reserve program using an agreement of not more than 99 years described in section 502(f)(1)(C), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)--

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

(2) the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the agreement.

On page 111 of the Committee amendment, line 1, strike

``and easements''.

On page 118 of the Committee amendment, line 1, insert

``and collaboration'' after ``incentives''.

On page 121 of the Committee amendment, line 2, insert

``and'' after the semicolon.

On page 121 of the Committee amendment, line 3, strike the semicolon and insert a period.

On page 121 of the Committee amendment, strike lines 4 through 9.

On page 121 of the Committee amendment, line 20, strike

``Coordination'' and insert ``Consultation''.

On page 121 of the Committee amendment, line 21, strike

``coordinate'' and insert ``consult''.

On page 122 of the Committee amendment, strike lines 1 through 4 and insert the following:

(D) 1890 institutions;

(E) research stations and laboratories of the Forest Service;

(F) other agencies of the Department of Agriculture that administer rural development programs; and

(G) private nonprofit organizations.

On page 123 of the Committee amendment, strike lines 3 through 20 and insert the following:

(c) Forest Enterprise Centers.--

(1) In general.--The Secretary shall establish Forest Enterprise Centers to provide services to rural forest-dependent communities.

(2) Location.--A Center shall be located within close proximity of rural forest-dependent communities served by the Center, with at least 1 center located in each of the States of California, Idaho, Oregon, Montana, New Mexico, Vermont, and Washington.

(3) Duties.--A Center shall--

(A) carry out eligible projects; and

(B) coordinate assistance provided to small forest products businesses with--

(i) the Small Business Administration, including the timber set-aside program carried out by the Small Business Administration;

(ii) the Rural Utilities Service, the Rural Housing Service, and the Rural Business-Cooperative Service of the Department of Agriculture;

(iii) the Economic Development Administration, including the local technical assistance program of the Economic Development Administration; and

(iv) research stations and laboratories of the Forest Service.

Beginning on page 124 of the Committee amendment, strike line 21 and all that follows through page 126, line 22, and insert the following:

SEC. 801. FOREST INVENTORY AND MANAGEMENT.

Section 17 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 note; Public Law 95313) is amended to read as follows:

``SEC. 17. FOREST INVENTORY AND MANAGEMENT.

``(a) In General.--The Secretary shall carry out a program using geospatial and information management technologies

(including remote sensing imaging and decision support systems) to inventory, monitor, characterize, assess, and identify forest stands and potential forest stands on--

``(1) units of the National Forest System; and

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

``(b) Means.--The Secretary shall carry out the program through the use of--

``(1) remote sensing technology of the National Aeronautics and Space Administration and the United States Geological Survey;

``(2) emerging geospatial capabilities in research activities;

``(3) validating techniques, including coordination and reconciliation with existing data through field verification, using application demonstrations; and

``(4) integration of results into pilot operational systems.

``(c) Issues To Be Addressed.--In carrying out the program, the Secretary shall address issues including--

``(1) early detection, identification, and assessment of environmental threats (including insect, disease, invasive species, fire, acid deposition, and weather-related risks and other episodic events);

``(2) loss or degradation of forests;

``(3) degradation of the quality forest stands caused by inadequate forest regeneration practices;

``(4) quantification of carbon uptake rates;

``(5) management practices that focus on preventing further forest degradation; and

``(6) characterization of vegetation types, density, fire regimes, post-fire effects, and condition class.

``(d) Early Warning System.--In carrying out the program, the Secretary shall develop a comprehensive early warning system for potential catastrophic environmental threats to forests to increase the likelihood that forest managers will be able to--

``(1) isolate and treat a threat before the threat gets out of control; and

``(2) prevent epidemics, such as the American chestnut blight in the first half of the twentieth century, that could be environmentally and economically devastating to forests.

``(e) Administration.--To carry out this section, the Secretary shall--

``(1) designate a facility within Forest Service Region 8 that--

``(A) is best-suited to take advantage of existing resources to coordinate and carry out the program through the means described in subsection (b); and

``(B) will address the issues described in subsection (c), with a particular emphasis on hardwood forest stands in the Eastern United States; and

``(2) designate a facility in the Ochoco National Forest headquarters within Forest Service Region 6 that will address the issues described in subsection (c), with a particular emphasis on coniferous forest stands in the Western United States.

``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.

On page 134 of the Committee amendment, line 20, strike

``each of fiscal years 2004 through 2008'' and insert ``each fiscal year''.

On page 134 of the Committee amendment, between lines 20 and 21, insert the following:

SEC. 805. EMERGENCY FUEL REDUCTION GRANTS.

(a) In General.--The Secretary of Agriculture shall establish an emergency fuel reduction grant program under which the Secretary shall provide grants to State and local agencies to carry out hazardous fuel reduction projects addressing threats of catastrophic fire that pose a serious threat to human life, as determined by the Forest Service.

(b) Eligible Projects.--To be eligible to be carried out with a grant under the program, a hazardous fuel reduction project shall--

(1) be surrounded by or immediately adjacent to the boundary of a national forest;

(2) be determined to be of paramount urgency, as indicated by declarations to that effect by both local officials and the Governor of the State in which in the project is to be carried out; and

(3) remove fuel loading that poses a serious threat to human life, as determined by the Forest Service.

(c) Uses of Grants.--A grant under the program may be used only--

(1) to remove trees, shrubs, or other potential fuel adjacent to a primary evacuation route;

(2) to remove trees, shrubs, or other potential fuel that are adjacent to an emergency response center, emergency communication facility, or site designated as a shelter-in-place facility; or

(3) to conduct an evacuation drill or preparation.

(d) Revolving Fund.--

(1) In general.--In the case of a grant under the program that is used to carry out a project on private or county land, the grant recipient shall deposit in a revolving fund maintained by the Secretary any proceeds from the sale of timber or biomass as a result of the project.

(2) Use.--The Secretary shall use amounts in the revolving fund to make other grants under this section, without further appropriation.

(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture to carry out this section $50,000,000 for each fiscal year.

At the appropriate place insert:

SEC. XX. EASTERN NEVADA LANDSCAPE COALITION.

(a) In General.--(i) The Secretary of Agriculture and the Secretary of Interior are authorized to make grants to the Eastern Nevada Landscape Coalition for the study and restoration of rangeland and other lands in Nevada's Great Basin in order to help assure the reduction of hazardous fuels and for related purposes.

(ii) Notwithstanding sections 6301 through 6308 of title 31, United States Code, the Director of the Bureau of Land Management shall enter into a cooperative agreement with the Eastern Nevada Landscape Coalition for the Great Basin Restoration Project, including hazardous fuels and mechanical treatments and related work.

(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

On page 134 of the Committee amendment, line 21, strike

``805'' after ``807''.