S.Amdt. 2033

TEXT OF AMENDMENTS

SA 2030. Mrs. MURRAY submitted an amendment intended to be proposed
by

[[Page S13682]]

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

[[Page S13683]]

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

[[Page S13684]]

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.--

[[Page S13685]]

(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

[[Page S13686]]

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.'';

[[Page S13687]]

(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;

[[Page S13688]]

(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:

[[Page S13689]]

(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.

[[Page S13690]]

(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''.
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

[[Page S13691]]

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.''.
At the end, add the following:
TITLE __--HIGHLANDS REGION CONSERVATION

SEC. __01. SHORT TITLE.

This title may be cited as the ``Highlands Conservation
Act''.

SEC. __02. FINDINGS.

Congress finds the following:
(1) The Highlands region is a physiographic province that
encompasses more than 2,000,000 acres extending from eastern
Pennsylvania through the States of New Jersey and New York to
northwestern Connecticut.
(2) The Highlands region is an environmentally unique area
that--
(A) provides clean drinking water to over 15,000,000 people
in metropolitan areas in the States of Connecticut, New
Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including habitat
for 247 threatened and endangered species;
(C) maintains an important historic connection to early
Native American culture, colonial settlement, the American
Revolution, and the Civil War;
(D) contains recreational resources for 14 million visitors
annually;
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic benefits;
and
(F) provides homeownership opportunities and access to
affordable housing that is safe, clean, and healthy;
(3) An estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region.
(4) More than 1,400,000 residents live in the Highlands
region.
(5) The Highlands region forms a greenbelt adjacent to the
Philadelphia-New York City-Hartford urban corridor that
offers the opportunity to preserve water, forest and
agricultural resources, wildlife habitat, recreational areas,
and historic sites, while encouraging sustainable economic
growth and development in a fiscally and environmentally
sound manner.
(6) Continued population growth and land use patterns in
the Highlands region--
(A) reduce the availability and quality of water;
(B) reduce air quality;
(C) fragment the forests;
(D) destroy critical migration corridors and forest
habitat; and
(E) result in the loss of recreational opportunities and
scenic, historic, and cultural resources;
(7) The water, forest, wildlife, recreational,
agricultural, and cultural resources of the Highlands region,
in combination with the proximity of the Highlands region to
the largest metropolitan areas in the United States, make the
Highlands region nationally significant.
(8) The national significance of the Highlands region has
been documented in--
(A) the New York-New Jersey Highlands Regional Study
conducted by the Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional Study: 2002
Update conducted by the Forest Service;
(C) the bi-State Skylands Greenway Task Force Report;
(D) the New Jersey State Development and Redevelopment
Plan;
(E) the New York State Open Space Conservation Plan;
(F) the Connecticut Green Plan: Open Space Acquisition FY
2001-2006;
(G) the open space plans of the State of Pennsylvania; and
(H) other open space conservation plans for States in the
Highlands region;
(9) The Highlands region includes or is adjacent to
numerous parcels of land owned by the Federal Government or
federally designated areas that protect, conserve, or restore
resources of the Highlands region, including--
(A) the Wallkill River National Wildlife Refuge;
(B) the Shawanagunk Grasslands Wildlife Refuge;
(C) the Morristown National Historical Park;
(D) the Delaware and Lehigh Canal Corridors;
(E) the Hudson River Valley National Heritage Area;
(F) the Delaware River Basin;
(G) the Delaware Water Gap National Recreation Area;
(H) the Upper Delaware Scenic and Recreational River;
(I) the Appalachian National Scenic Trail;
(J) the United States Military Academy at West Point, New
York;
(K) the Highlands National Millenium Trail;
(L) the Great Swamp National Wildlife Refuge;
(M) the proposed Crossroads of the Revolution National
Heritage Area;
(N) the proposed Musconetcong National Scenic and
Recreational River in New Jersey; and
(O) the Farmington River Wild and Scenic Area in
Connecticut;

[[Page S13692]]

(10) It is in the interest of the United States to protect,
conserve, and restore the resources of the Highlands region
for the residents of, and visitors to, the Highlands region.
(11) The States of Connecticut, New Jersey, New York, and
Pennsylvania, and units of local government in the Highlands
region have the primary responsibility for protecting,
conserving, preserving, restoring and promoting the resources
of the Highlands region.
(12) Because of the longstanding Federal practice of
assisting States in creating, protecting, conserving, and
restoring areas of significant natural and cultural
importance, and the national significance of the Highlands
region, the Federal Government should, in partnership with
the Highlands States and units of local government in the
Highlands region, protect, restore, and preserve the water,
forest, agricultural, wildlife, recreational and cultural
resources of the Highlands region.

SEC. __03. PURPOSES.

The purposes of this title are as follows:
(1) To recognize the importance of the water, forest,
agricultural, wildlife, recreational and cultural resources
of the Highlands, and the national significance of the
Highlands region to the United States.
(2) To authorize the Secretary of Interior to work in
partnership with the Secretary of Agriculture to provide
financial assistance to the Highlands States to preserve and
protect high priority conservation lands in the Highlands
region.
(3) To continue the ongoing Forest Service programs in the
Highlands region to assist the Highlands States, local units
of government and private forest and farm landowners in the
conservation of lands and natural resources in the Highlands
region.

SEC. __04. DEFINITIONS.

In this title:
(1) Highlands region.--The term ``Highlands region'' means
the physiographic province, defined by the Reading Prong and
ecologically similar adjacent upland areas, that encompasses
more than 2,000,000 acres extending from eastern Pennsylvania
through the States of New Jersey and New York to northwestern
Connecticut.
(2) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York;
(D) the State of Pennsylvania; and
(E) any agency or department of any Highlands State.
(3) Land conservation partnership project.--The term ``land
conservation partnership project'' means a land conservation
project located within the Highlands region identified as
having high conservation value by the Forest Service in which
a non-Federal entity acquires land or an interest in land
from a willing seller for the purpose of permanently
protecting, conserving, or preserving the land through a
partnership with the Federal Government.
(4) Non-federal entity.--The term ``non-Federal entity''
means any Highlands State, or any agency or department of any
Highlands State with authority to own and manage land for
conservation purpose, including the Palisades Interstate Park
Commission.
(5) Study.--The term ``study'' means the New York-New
Jersey Highlands Regional Study conducted by the Forest
Service in 1990.
(6) Update.--The term ``update'' means the New York-New
Jersey Highlands Regional Study: 2002 Update conducted by the
Forest Service.

SEC. __05. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE
HIGHLANDS REGION.

(a) Submission of Proposed Projects.--Annually, the
Governors of the Highlands States, with input from pertinent
units of local government and the public, may jointly
identify land conservation partnership projects in the
Highlands region that shall be proposed for Federal financial
assistance and submit a list of those projects to the
Secretary of the Interior.
(b) Consideration of Projects.--The Secretary of the
Interior, in consultation with the Secretary of Agriculture,
shall annually submit to Congress a list of those land
conservation partnership projects submitted under subsection
(a) that are eligible to receive financial assistance under
this section.
(c) Eligibility Conditions.--To be eligible for financial
assistance under this section for a land conservation
partnership project, a non-Federal entity shall enter into an
agreement with the Secretary of the Interior that--
(1) identifies the non-Federal entity that shall own or
hold and manage the land or interest in land;
(2) identifies the source of funds to provide the non-
Federal share required under subsection (d);
(3) describes the management objectives for the land that
will assure permanent protection and use of the land for the
purpose for which the assistance will be provided;
(4) provides that, if the non-Federal entity converts,
uses, or disposes of the land conservation partnership
project for a purpose inconsistent with the purpose for which
the assistance was provided, as determined by the Secretary
of the Interior, the United States may seek specific
performance of the conditions of financial assistance in
accordance with paragraph (3) in Federal court and shall be
entitled to reimbursement from the non-Federal entity in an
amount that is, as determined at the time of conversion, use,
or disposal, the greater of--
(A) the total amount of the financial assistance provided
for the project by the Federal Government under this section;
or
(B) the amount by which the financial assistance increased
the value of the land or interest in land; and
(5) provides that land conservation partnership projects
will be consistent with areas identified as having high
conservation value in the following:
(A) Important Areas portion of the Forest Service study.
(B) Conservation Focal Areas portion of the Forest Service
update.
(C) Conservation Priorities portion of the update.
(D) Lands identified as having higher or highest resource
value in the Conservation Values Assessment portion of the
update.
(d) Non-Federal Share Requirement.--The Federal share of
the cost of carrying out a land conservation partnership
project under this section shall not exceed 50 percent of the
total cost of the land conservation partnership project.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior from the
general funds of the Treasury or the Land and Water
Conservation Fund to carry out this section $10,000,000 for
each of the fiscal years 2005 through 2014. Amounts
appropriated pursuant to this authorization of appropriations
shall remain available until expended.

SEC. __06. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS
REGION.

(a) In General.--In order to meet the land resource goals
of, and the scientific and conservation challenges identified
in, the study, update, and any future study that the Forest
Service may undertake in the Highlands region, the Secretary
of Agriculture, acting through the Chief of the Forest
Service and in consultation with the Chief of the Natural
Resource Conservation Service, shall continue to assist the
Highlands States, local units of government, and private
forest and farm landowners in the conservation of lands and
natural resources in the Highlands region.
(b) Duties.--The Forest Service shall--
(1) in consultation with the Highlands States, undertake
other studies and research as appropriate in the Highlands
region consistent with the purposes of this title;
(2) communicate the findings of the study and update and
maintain a public dialogue regarding implementation of the
study and update; and
(3) assist the Highland States, local units of government,
individual landowners, and private organizations in
identifying and using Forest Service and other technical and
financial assistance programs of the Department of
Agriculture.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out this section $1,000,000 for each of the fiscal years 2005
through 2014.

SEC. __07. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY
EFFECT.

(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to permit public
access (including Federal, State, or local government access)
to such private property; and
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private lands.
(b) Liability.--Nothing in this title shall be construed to
create any liability, or to have any effect on any liability
under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this title shall be construed to modify any authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners.--Nothing in
this title shall be construed to require the owner of any
private property located in the Highlands region to
participate in the land conservation, financial, or technical
assistance or any other programs established under this
title.
(e) Purchase of Lands or Interests in Lands From Willing
Sellers Only.--Funds appropriated to carry out this title
shall be used to purchase lands or interests in lands only
from willing sellers.
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.-

[[Page S13693]]

(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).
At the appropriate place, insert the following:

GREEN MOUNTAIN NATIONAL FOREST BOUNDARY ADJUSTMENT.

(a) In General.--The boundaries of the Green Mountain
National Forest are modified to include all parcels of land
depicted on the forest maps entitled `Green Mountain
Expansion Area Map I' and `Green Mountain Expansion Area Map
II', each dated February 20, 2002, which shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service Washington this act shall be considered to
be the boundaries of the national forest as of January 1,
1965.
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.
Section 10806(b)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d; 116 Stat. 526), is
deemed to have first become effective 15 days after the date
of the enactment of this Act.
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

[[Page S13694]]

(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.
At the end of title VIII, add the following:

SEC. 8__. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC
LAND REGULATIONS AND ESTABLISHMENT OF MINIMUM
FINE FOR VIOLATION OF PUBLIC LAND FIRE
REGULATIONS DURING FIRE BAN.

(a) Lands Under Jurisdiction of Bureau of Land
Management.--Section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)) is amended--
(1) in the second sentence, by striking ``no more than
$1,000'' and inserting ``as provided in title 18, United
States Code,''; and
(2) by inserting after the second sentence the following:
``In the case of a regulation issued under this section
regarding the use of fire by individuals on the public lands,
if the violation of the regulation was the result of reckless
conduct and occurred in an area subject to a complete ban on
open fires, the fine may not be less than $500.''.
(b) National Park System Lands.--
(1) Fines.--Section 3 of the Act of August 25, 1916
(popularly known as the National Park Service Organic Act; 16
U.S.C. 3) is amended--
(A) by striking ``That the Secretary'' at the beginning of
the section and inserting ``(a) Regulations for Use and
Management of National Park System; Enforcement.--The
Secretary'';
(B) by striking ``$500'' and inserting ``$10,000''; and
(C) by inserting after the first sentence the following:
``In the case of a rule or regulation issued under this
subsection regarding the use of fire by individuals on such
lands, if the violation of the rule or regulation was the
result of reckless conduct and occurred in an area subject to
a complete ban on open fires, the fine may not be less than
$500.''.
(2) Conforming amendments.--Such section is further
amended--
(A) by striking ``He may also'' the first place it appears
and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(B) by striking ``He may also'' the second place it appears
and inserting ``The Secretary may''; and
(C) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''.
(c) National Forest System Lands.--The eleventh
undesignated paragraph under the heading ``surveying the
public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is
amended--
(1) by striking ``$500'' and inserting ``$10,000''; and
(2) by inserting after the first sentence the following:
``In the case of such a rule or regulation regarding the use
of fire by individuals on such lands, if the violation of the
rule or regulation was the result of reckless conduct and
occurred in an area subject to a complete ban on open fires,
the fine may not be less than $500.''.
______

SA 2047. Mr. DURBIN (for himself, Mr. Daschle, Mr. Corzine, Mr.
Bingaman, Ms. Stabenow, and Mr. Leahy) proposed an amendment 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; as follows:

At the appropriate place, insert the following:
Sec. __. For an additional amount for the Global AIDS
Initiative, $589,700,000, to remain available until September
30, 2006, for programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, and
malaria, which may include additional contributions to the
Global Fund to Fight AIDS, Tuberculosis, and Malaria.
______

SA 2048. Mr. BINGAMAN (for himself and Mr. Daschle) proposed an
amendment 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; as follows:

On page 22, line 7, strike ``$700,000,000'' and insert
``$900,000,000''.

On page 45, line 8, strike ``$1,000,000,000'' and insert
``$800,000,000''.

[[Page S13695]]

______

SA 2049. Mr. McCONNELL (for himself and Mr. Leahy) proposed an
amendment 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; as follows:

In Senate Amendment 1968, strike the following:
On page 18, line 10, after ``Jordan'' insert the following:
``, which sum shall be disbursed within 30 days of enactment
of this Act''.
Strike amendments 1995 and 2004 to H.R. 2800, which were
adopted by unanimous consent on October 28, 2003.
At the appropriate place in the bill, insert the following:

international military training assistance for indonesia

Sec.   . (a) Subject to subsection (b), none of the funds
appropriated under the heading ``INTERNATIONAL MILITARY
EDUCATION AND TRAINING'' shall be made available for
Indonesia, except that such prohibition shall not apply to
expanded military education and training.
(b) The President may waive the application of subsection
(a) if the President determines that important national
security interests of the United States justify such a waiver
and the President submits notice of such a waiver and
justification to the Committees on Appropriations in
accordance with the regular notification procedures of such
Committees.
(c) Respect of the Indonesian military for human rights and
the normalization of the military relationship between the
United States and Indonesia is in the interests of both
countries. The normalization process cannot begin until the
Federal Bureau of Investigation has received full cooperation
from the Government of Indonesia and the Indonesian armed
forces with respect to its investigation into the August 31,
2002, murders of two American citizens and one Indonesian
citizen in Timika, Indonesia, and the individuals responsible
for those murders have been prosecuted and appropriately
punished.
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 2050. Mr. McCONNELL (for Mr. Stevens) proposed an amendment 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; as follows:

On page 27, line 4 after the colon, insert the following:
``Provided further, That of the funds appropriated under this
heading, $500,000 shall be made available to support
democracy building programs in Russia through the Sakharov
Archives:''.

____________________