Union Calendar No. 37

104TH CONGRESS

1ST SESSION H. R. 1159

[Report No. 104–71]

A BILL

Making supplemental appropriations and rescissions

and for other purposes.for the fiscal year ending September 30, 1995,

MARCH 8, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 37

104TH CONGRESS

1ST SESSION H. R. 1159

[Report No. 104–71]

Making supplemental appropriations and rescissions for the fiscal year ending

September 30, 1995, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1995

Mr. LIVINGSTON, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on

the State of the Union and ordered to be printed

A BILL

Making supplemental appropriations and rescissions for the

fiscal year ending September 30, 1995, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, to pro5 vide supplemental appropriations and rescissions for the

6 fiscal year ending September 30, 1995, and for other pur7 poses, namely:
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1 TITLE I

2 SUPPLEMENTAL APPROPRIATIONS

3 CHAPTER I

4 DEPARTMENT OF AGRICULTURE, RURAL DE5 VELOPMENT, FOOD AND DRUG ADMINIS6 TRATION, AND RELATED AGENCIES

7 DEPARTMENT OF AGRICULTURE

8 FOOD SAFETY AND INSPECTION SERVICE

9 For an additional amount for salaries and expenses

10 of the Food Safety and Inspection Service, $9,048,000.

11 AGRICULTURAL STABILIZATION AND CONSERVATION

12 SERVICE

13 SALARIES AND EXPENSES

14 For an additional amount for salaries and expenses

15 of the Agricultural Stabilization and Conservation Service,

16 $10,000,000.

17 COMMODITY CREDIT CORPORATION FUND

18 (TRANSFER OF FUNDS)

19 Notwithstanding any other provision of law, no funds

20 of the Commodity Credit Corporation in excess of

21 $50,000,000 for fiscal year 1995 (exclusive of the cost of

22 commodities in the fiscal year), may be used to carry out

23 the Food for Progress Act of 1985 (7 U.S.C. 1736o) with

24 respect to commodities made available under section

25 416(b) of the Agricultural Act of 1949. The additional
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1 costs resulting from this provision shall be financed from

2 funds credited to the Corporation pursuant to section 426

3 of Public Law 103–465.

4 CHAPTER II

5 DEPARTMENTS OF COMMERCE, JUSTICE, AND

6 STATE, THE JUDICIARY, AND RELATED

7 AGENCIES

8 RELATED AGENCY

9 UNITED STATES INFORMATION AGENCY

10 INTERNATIONAL BROADCASTING OPERATIONS

11 For an additional amount for ‘‘International Broad12 casting Operations’’, $7,290,000, for transfer to the

13 Board for International Broadcasting.

14 CHAPTER III

15 FOREIGN OPERATIONS, EXPORT FINANCING,

16 AND RELATED PROGRAMS

17 BILATERAL ECONOMIC ASSISTANCE

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 DEBT RESTRUCTURING

20 DEBT RELIEF FOR JORDAN

21 For the cost, as defined in section 502 of the Con22 gressional Budget Act of 1974, as amended, of modifying

23 direct loans to Jordan issued by the Export-Import Bank

24 or by the Agency for International Development or by the

25 Department of Defense, as authorized under subsection
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1 (a) under the heading ‘‘Debt Relief for Jordan’’, in title

2 VI of Public Law 103–306, $50,000,000.

3 CHAPTER IV

4 LEGISLATIVE BRANCH

5 HOUSE OF REPRESENTATIVES

6 PAYMENTS TO WIDOWS AND HEIRS OF DECEASED

7 MEMBERS OF CONGRESS

8 For payment to the family trust of Dean A. Gallo,

9 late a Representative from the State of New Jersey,

10 $133,600.

11 BOTANIC GARDEN

12 SALARIES AND EXPENSES

13 (TRANSFER OF FUNDS)

14 Of the funds made available until expended by trans15 fer under this heading in Public Law 103–283,

16 $3,000,000 shall be transferred to the appropriation ‘‘Ar17 chitect of the Capitol, Capitol Buildings and Grounds,

18 Capitol Complex Security Enhancements’’, and shall re19 main available until expended.
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1 CHAPTER V

2 DEPARTMENT OF TRANSPORTATION AND

3 RELATED AGENCIES

4 DEPARTMENT OF TRANSPORTATION

5 FEDERAL RAILROAD ADMINISTRATION

6 OFFICE OF THE ADMINISTRATOR

7 (TRANSFER OF FUNDS)

8 Section 341 of Public Law 103–331 is amended by

9 deleting ‘‘and received from the Delaware and Hudson

10 Railroad,’’ after ‘‘amended,’’.

11 CHAPTER VI

12 TREASURY, POSTAL SERVICE, AND GENERAL

13 GOVERNMENT

14 DEPARTMENT OF THE TREASURY

15 DEPARTMENTAL OFFICES

16 SALARIES AND EXPENSES

17 (TRANSFER OF FUNDS)

18 In the paragraph under this heading in Public Law

19 103–329, delete ‘‘of which not less than $6,443,000 and

20 85 full-time equivalent positions shall be available for en21 forcement activities;’’.
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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 (TRANSFER OF FUNDS)

4 In the paragraph under this heading in Public Law

5 103–329, delete ‘‘first-aid and emergency’’ and insert

6 ‘‘short-term’’ before ‘‘medical services’’.

7 INTERNAL REVENUE SERVICE

8 INFORMATION SYSTEMS

9 (TRANSFER OF FUNDS)

10 In the paragraph under this heading in Public Law

11 103–329, delete ‘‘$650,000,000’’ and insert

12 ‘‘$640,000,000’’.

13 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

14 SERVICE

15 In the paragraph under this heading in Public Law

16 103–329, in section 3, after ‘‘$119,000,000’’, insert ‘‘an17 nually’’.

18 UNITED STATES MINT

19 SALARIES AND EXPENSES

20 (TRANSFER OF FUNDS)

21 In the paragraph under this heading in Public Law

22 103–329, insert ‘‘not to exceed’’ after ‘‘of which’’.
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1 INDEPENDENT AGENCIES

2 GENERAL SERVICES ADMINISTRATION

3 FEDERAL BUILDINGS FUND

4 (TRANSFER OF FUNDS)

5 Of the funds made available for the Federal Build6 ings Fund in Public Law 103–329, $5,000,000 shall be

7 made available by the General Services Administration to

8 implement an agreement between the Food and Drug Ad9 ministration and another entity for space, equipment and

10 facilities related to seafood research.

11 OFFICE OF PERSONNEL MANAGEMENT

12 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

13 LIFE INSURANCE BENEFITS

14 For an additional amount for ‘‘Government payment

15 for annuitants, employee life insurance’’, $9,000,000 to

16 remain available until expended.
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1 TITLE II

2 RESCISSIONS

3 CHAPTER I

4 DEPARTMENT OF AGRICULTURE, RURAL DE5 VELOPMENT, FOOD AND DRUG ADMINIS6 TRATION, AND RELATED AGENCIES

7 DEPARTMENT OF AGRICULTURE

8 PUBLIC LAW 480 PROGRAM ACCOUNTS

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 103–330, $20,000,000 for commodities sup12 plied in connection with dispositions abroad, pursuant to

13 title III of the Agricultural Trade Development and As14 sistance Act of 1954, as amended, are rescinded.

15 CHAPTER II

16 DEPARTMENTS OF COMMERCE, JUSTICE, AND

17 STATE, THE JUDICIARY, AND RELATED

18 AGENCIES

19 DEPARTMENT OF COMMERCE

20 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

21 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–317, $19,500,000 are rescinded.
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1 DEPARTMENT OF STATE

2 ADMINISTRATION OF FOREIGN AFFAIRS

3 DIPLOMATIC AND CONSULAR PROGRAMS

4 (RESCISSION)

5 Of the funds made available under this heading in

6 Public Law 103–317, $2,000,000 are rescinded.

7 ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–317 and prior appropriations Acts,

11 $20,000,000 are rescinded.

12 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

13 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

14 ACTIVITIES

15 (RESCISSION)

16 Of the funds made available under this heading in

17 Public Law 103–317, $14,617,000 are rescinded.

18 RELATED AGENCIES

19 ARMS CONTROL AND DISARMAMENT AGENCY

20 ARMS CONTROL AND DISARMAMENT ACTIVITIES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–317, $3,000,000 are rescinded, of which

24 $2,000,000 are from funds made available for activities

25 related to the implementation of the Chemical Weapons

26 Convention.
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1 UNITED STATES INFORMATION AGENCY

2 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–317, $5,000,000 are rescinded.

6 RADIO CONSTRUCTION

7 (RESCISSION)

8 Of the funds made available under this heading,

9 $6,000,000 are rescinded.

10 CHAPTER III

11 FOREIGN OPERATIONS, EXPORT FINANCING,

12 AND RELATED PROGRAMS

13 BILATERAL ECONOMIC ASSISTANCE

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 AGENCY FOR INTERNATIONAL DEVELOPMENT

16 DEBT RESTRUCTURING UNDER THE ENTERPRISE FOR

17 THE AMERICAS INITIATIVE

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 102–391, $2,400,000 are rescinded.

21 ECONOMIC SUPPORT FUND

22 (RESCISSIONS)

23 Of the unobligated balances of funds available under

24 this heading from funds provided in Public Law 103–306,

25 $7,500,000 are rescinded.
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1 Of the unobligated balances of funds available under

2 this heading from funds provided in Public Law 103–87,

3 $20,000,000 are rescinded.

4 Of the unobligated balances of funds currently avail5 able under this heading, including earmarked funds, from

6 funds provided in Public Law 102–391 and prior appro7 priations Acts, $15,475,000 are rescinded.

8 OPERATING EXPENSES OF THE AGENCY FOR

9 INTERNATIONAL DEVELOPMENT

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 103–306, $5,000,000 are rescinded.

13 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

14 THE FORMER SOVIET UNION

15 (RESCISSIONS)

16 Of the unobligated balances of funds available under

17 this heading from funds provided in Public Law 103–306,

18 $17,500,000 are rescinded.

19 Of the unobligated or unexpended balances of funds

20 available under this heading from funds provided in Public

21 Law 103–87 and Public Law 102–391, $30,200,000 are

22 rescinded.
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1 CHAPTER IV

2 LEGISLATIVE BRANCH

3 CONGRESSIONAL BUDGET OFFICE

4 SALARIES AND EXPENSES

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–283, $187,000 are rescinded.

8 TITLE III

9 GENERAL PROVISIONS

10 SEC. 301. None of the funds made available in any

11 appropriations Act for fiscal year 1995 may be used to

12 issue, implement, administer, or enforce any executive

13 order, or other rule or order, that prohibits Federal con14 tracts with companies that hire permanent replacements

15 for striking employees.

16 SEC. 302. Hereafter, the requirement pursuant to

17 section 18(b)(3) of the United States Housing Act of

18 1937, for the provision of an additional dwelling unit for

19 each public housing dwelling unit to be demolished or dis20 posed of under an application submitted by a public hous21 ing agency under section 18(a) of such Act, shall not apply

22 to any such application approved by the Secretary of

23 Housing and Urban Development in fiscal year 1995 or

24 in any prior fiscal year: Provided, That no such application

25 submitted by a public housing agency to implement a final
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1 order of a court issued, or a settlement approved by a

2 court, before the effective date of this public law, shall

3 be affected by this paragraph.

4 SEC. 303. None of the funds made available in any

5 appropriations Act for fiscal year 1995 may be used by

6 the Environmental Protection Agency to impose or enforce

7 any requirement that a State implement trip reduction

8 measures to reduce vehicular emissions.

9 SEC. 304. None of the funds made available in any

10 appropriations Act for fiscal year 1995 may be used by

11 the Environmental Protection Agency to impose or enforce

12 any requirement that a State implement an inspection and

13 maintenance program for vehicular emissions.

14 SEC. 305. The Congress finds that the 1990 amend15 ments to the Clean Air Act (Public Law 101–549) super16 seded prior requirements of the Clean Air Act regarding

17 the demonstration of attainment of national ambient air

18 quality standards and eliminated the obligation of the Ad19 ministrator of the Environmental Protection Agency to

20 promulgate a Federal implementation plan under section

21 110(e) of the Clean Air Act for the South Coast, Ventura,

22 or Sacramento areas of California. Upon the enactment

23 of this Act, any Federal implementation plan that has

24 been promulgated by the Administrator of the Environ25 mental Protection Agency under the Clean Air Act for the
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1 South Coast, Ventura, or Sacramento areas of California

2 pursuant to a court order or settlement shall be rescinded

3 and shall have no further force and effect.

4 LIMITATION ON FUNDING OF ABORTIONS

5 SEC. 306. None of the funds appropriated under Pub6 lic Laws 103–112 and 103–333 shall be expended for any

7 abortion except when it is made known to the Federal en8 tity or official to which funds are appropriated under this

9 Act that such procedure is necessary to save the life of

10 the mother or that the pregnancy is the result of an act

11 of rape or incest: Provided, That, effective October 1,

12 1993, and notwithstanding any other law, each State is

13 and remains free not to fund abortions to the extent that

14 the State in its sole discretion deems appropriate, except

15 where the life of the mother would be endangered if the

16 fetus were carried to term.

17 SEC. 307. EMERGENCY TWO-YEAR SALVAGE TIMBER SALE

18 PROGRAM.

19 (a) DEFINITIONS.—For purposes of this section:

20 (1) The term ‘‘emergency period’’ means the

21 two-year period beginning on the date of the enact22 ment of this section.

23 (2) The term ‘‘Federal lands’’ means—

24 (A) lands within the National Forest Sys25 tem, as defined in section 11(a) of the Forest
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1 and Rangeland Renewable Resources Planning

2 Act of 1974 (16 U.S.C. 1609(a)); and

3 (B) public lands, as defined in section

4 103(e) of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1702(e)).

6 (3) The term ‘‘land management plan’’

7 means—

8 (A) a land and resource management plan

9 (or, if no final plan is currently in effect, a

10 draft land and resource management plan) pre11 pared by the Forest Service pursuant to section

12 6 of the Forest and Rangeland Renewable Re13 sources Planning Act of 1974 (16 U.S.C. 1604)

14 for a unit or units of the Federal lands de15 scribed in paragraph (2)(A); or

16 (B) a land use plan prepared by the Bu17 reau of Land Management pursuant to section

18 202 of the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1712), or other

20 multiple-use plan in effect, for a unit of the

21 Federal lands described in paragraph (2)(B).

22 (4) The term ‘‘salvage timber sale’’ means a

23 timber sale for which an important reason for entry

24 includes the removal of disease- or insect-infested

25 trees, dead, damaged, or down trees, or trees af-
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1 fected by fire or imminently susceptible to fire or in2 sect attack. Such term also includes the removal of

3 associated trees or trees lacking the characteristics

4 of a healthy and viable ecosystem for the purpose of

5 ecosystem improvement or rehabilitation, except that

6 any such sale must include an identifiable salvage

7 component of trees described in the first sentence.

8 (5) The term ‘Secretary concerned’ means—

9 (A) with respect to Federal lands described

10 in paragraph (2)(A), the Secretary of Agri11 culture; and

12 (B) with respect to Federal lands described

13 in paragraph (2)(B), the Secretary of the Inte14 rior.

15 (b) TWO-YEAR EMERGENCY PROGRAM OF SALVAGE

16 TIMBER SALES FOR FEDERAL LANDS.—

17 (1) SALVAGE TIMBER SALES REQUIRED.—Using

18 the expedited procedures provided in subsection (c),

19 the Secretary concerned shall prepare, advertise,

20 offer, and award contracts during the emergency pe21 riod for salvage timber sales from Federal lands to

22 satisfy the volume requirements of paragraph (2).

23 (2) SALVAGE TIMBER SALE VOLUMES.—The

24 salvage timber sales sold under this subsection dur-
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1 ing the emergency period shall contain the following

2 total timber volumes (programmed or otherwise):

3 (A) For Federal lands described in sub4 section (a)(2)(A)—

5 (i) not less than 3,000,000,000 board

6 feet during the first year of the emergency

7 period; and

8 (ii) not less than 3,000,000,000 board

9 feet during the second year of the emer10 gency period.

11 (B) For Federal lands described in sub12 section (a)(2)(B)—

13 (i) not less than 115,000,000 board

14 feet during the first year of the emergency

15 period; and

16 (ii) not less than 115,000,000 board

17 feet during the second year of the emer18 gency period.

19 (3) USE OF SALVAGE SALE FUNDS.—To con20 duct salvage timber sales under this subsection, the

21 Secretary concerned may use salvage sale funds oth22 erwise available to the Secretary concerned.

23 (c) EXPEDITED PROCEDURES FOR EMERGENCY SAL24 VAGE TIMBER SALES.—
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1 (1) SALE DOCUMENTATION.—For each salvage

2 timber sale conducted under subsection (b) to meet

3 the minimum salvage timber sale volumes specified

4 in paragraph (2) of such subsection, the Secretary

5 concerned shall prepare a document that combines

6 an environmental assessment under section 102(2)

7 and implementing regulations of the National Envi8 ronmental Policy Act of 1969 (42 U.S.C.

9 4332(2)(E)) and a biological evaluation under sec10 tion 7(a)(2) of the Endangered Species Act of 1973

11 (16 U.S.C. 1536(a)(2)) and other applicable Federal

12 law and implementing regulations. The environ13 mental assessment and biological evaluation must

14 consider the environmental effects of the salvage

15 timber sale and consider the effect, if any, on threat16 ened or endangered species. In lieu of preparing a

17 new document under this paragraph, the Secretary

18 concerned may use a document prepared pursuant to

19 the National Environmental Policy Act of 1969 be20 fore the date of the enactment of this section, a bio21 logical evaluation written before such date, or infor22 mation collected for such a document or evaluation

23 if the document, evaluation, or information applies

24 to the Federal lands covered by the proposed sale.
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1 (2) TIME PERIODS FOR, AND REPORTING OF,

2 SALES.—

3 (A) FIRST YEAR.—For salvage timber

4 sales conducted pursuant to subsection (b) dur5 ing the first year of the emergency period, the

6 Secretary concerned shall—

7 (1) offer sales which contain fifty per8 cent of the total timber volume required

9 pursuant to subsection (b)(2)(A)(i) or

10 (b)(2)(B)(i), as the case may be, within the

11 first 3 months of the year; and

12 (2) offer sales which contain the re13 maining volume required pursuant to sub14 section (b)(2)(A)(i) or (b)(2)(B)(i), as the

15 case may be, evenly distributed throughout

16 the remainder of the year.

17 (B) SECOND YEAR.—For salvage timber

18 sales conducted pursuant to subsection (b) dur19 ing the second year of the emergency period,

20 the Secretary concerned shall—

21 (1) offer sales which contain fifty per22 cent of the total timber volume required

23 pursuant to subsection (b)(2)(A)(ii) or

24 (b)(2)(B)(ii), as the case may be, within
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1 15 months of the date of enactment of this

2 Act, and

3 (2) offer sales which contain the re4 maining volume required pursuant to sub5 section (b)(2)(A)(ii) or (b)(2)(B)(ii), as the

6 case may be, within the remainder of the

7 year.

8 (i) Each Secretary shall report to

9 the Committee on Resources of the

10 House of Representatives and the

11 Committee on Energy and Natural

12 Resources of the United States Senate

13 90 days after the date of enactment of

14 this Act and on the final day of each

15 90-day period thereafter throughout

16 the emergency period on the number

17 of sales and volumes contained therein

18 offered during such 90 day period and

19 expected to be offered during the next

20 90 day period.

21 (ii) SPECIAL RULES FOR SECOND

22 YEAR SALES.—The Secretary con23 cerned may begin salvage sales in24 tended for the second year of the

25 emergency period before the start of
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1 the second year if the Secretary con2 cerned determines that the prepara3 tion, advertisement, offering, award4 ing, and operation of such sales will

5 not interfere with salvage timber sales

6 required during the first year of the

7 emergency period.

8 (3) DECISIONS.—The Secretary concerned shall

9 design and select the specific salvage timber sales to

10 be offered under subsection (b) on the basis of the

11 analysis contained in the document or documents

12 prepared pursuant to paragraph (1) to satisfy the

13 applicable volume requirement in subsection (b)(2)

14 within the applicable schedule specified in paragraph

15 (2).

16 (4) SALE PREPARATION.—The Secretary con17 cerned shall make use of all available authority, in18 cluding the employment of private contractors and

19 the use of expedited fire contracting procedures, to

20 prepare and advertise salvage timber sales under

21 subsection (b) to meet the applicable schedule speci22 fied in paragraph (2). The provisions of section

23 3(d)(1) of the Federal Workforce Restructuring Act

24 of 1994 (Public Law 103–226) shall not apply to

25 any former employee of the Department of the Sec-
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1 retary concerned who received a voluntary separa2 tion incentive payment authorized by such Act or ac3 cepts employment pursuant to this paragraph.

4 (5) COST CONSIDERATIONS.—Salvage timber

5 sales undertaken pursuant to this section shall not

6 be precluded because the costs of such activities are

7 likely to exceed the revenues derived from such ac8 tivities.

9 (6) EFFECT ON OTHER LAWS.—The documents

10 and procedures required by this section for the prep11 aration, advertisement, offering, awarding, and oper12 ation of any salvage timber sale subject to sub13 section (b) shall be deemed to satisfy the require14 ments of all applicable Federal laws (and regulations

15 implementing such laws) including but not limited

16 to:

17 (A) The Forest and Rangeland Renewable

18 Resources Planning Act of 1974 (16 U.S.C.

19 1600 et seq.).

20 (B) The Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.).

22 (C) The National Environmental Policy

23 Act of 1969 (42 U.S.C. 4332).

24 (D) The Endangered Species Act of 1973

25 (16 U.S.C. 1531 et seq.).
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1 (7) EFFECT OF SALVAGE SALES.—The Sec2 retary of Agriculture shall not substitute salvage

3 timber sales conducted under subsection (b) for

4 planned non-salvage timber sales.

5 (8) EFFECT ON JUDICIAL DECISIONS.—The

6 Secretary concerned may conduct salvage timber

7 sales under the authority of this section during the

8 emergency period and the first year after the end of

9 the emergency period notwithstanding any decision,

10 restraining order, or injunction issued by a United

11 States court issued before the date of the enactment

12 of this section.

13 (d) REFORESTATION OF SALVAGE TIMBER SALE

14 PARCELS.—The Secretary concerned shall plan and imple15 ment reforestation of each parcel of land harvested under

16 a salvage timber sale conducted under subsection (b) as

17 expeditiously as possible after completion of the harvest

18 on the parcel, but in no case later than any applicable

19 restocking period required by law or regulation.

20 (e) ADMINISTRATIVE REVIEW.—Salvage timber sales

21 conducted under subsection (b), and any decision of the

22 Secretary concerned in connection with such sales, shall

23 not be subject to administrative review.

24 (f) JUDICIAL REVIEW.—
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1 (1) PLACE AND TIME OF FILING.—A salvage

2 timber sale to be conducted under subsection (b)

3 shall be subject to judicial review only in the United

4 States district court for the district in which the af5 fected Federal lands are located. Any challenge to

6 such sale must be filed in such district court within

7 15 days after the date of initial advertisement of the

8 challenged sale.

9 (2) EFFECT OF FILING ON AGENCY ACTION.—

10 For 45 days after the date of the filing of a chal11 lenge to a salvage timber sale to be conducted under

12 subsection (b), the Secretary concerned shall take no

13 action to award the challenged sale.

14 (3) PROHIBITION ON RESTRAINING ORDERS,

15 PRELIMINARY INJUNCTIONS, AND RELIEF PENDING

16 REVIEW.—No restraining order or preliminary in17 junction shall be issued by any court of the United

18 States with respect to any decision to prepare, ad19 vertise, offer, award, or operate a salvage timber

20 sale pursuant to subsection (b). Section 705 of title

21 5, United States Code, shall not apply to any chal22 lenge to such a sale.

23 (4) STANDARD OF REVIEW.—The courts shall

24 have authority to enjoin permanently, order modi25 fication of, or void an individual salvage timber sale
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1 if it is determined by a trial on the merits that the

2 decision to prepare, advertise, offer, award, or oper3 ate such sale was arbitrary and capricious or other4 wise not in accordance with applicable law (other

5 than those laws specified in subsection (c)(6)).

6 (5) TIME FOR DECISION.—Civil actions filed

7 under this subsection shall be assigned for hearing

8 at the earliest possible date and shall take prece9 dence over all other matters pending on the docket

10 of the court at that time except for criminal cases.

11 The court shall render its final decision relative to

12 any challenge within 45 days from the date such

13 challenge is brought, unless the court determines

14 that a longer period of time is required to satisfy the

15 requirement of the United States Constitution. In

16 order to reach a decision within 45 days, the district

17 court may assign all or part of any such case or

18 cases to one or more Special Masters, for prompt re19 view and recommendations to the court.

20 (6) PROCEDURES.—Notwithstanding any other

21 provision of law, the court may set rules governing

22 the procedures of any proceeding brought under this

23 subsection which set page limits on briefs and time

24 limits on filing briefs and motions and other actions
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1 which are shorter than the limits specified in the

2 Federal rules of civil or appellate procedure.

3 (7) APPEAL.—Any appeal from the final deci4 sion of a district court in an action brought pursu5 ant to this subsection shall be filed not later than 30

6 days after the date of decision.

7 (g) EXCLUSION OF CERTAIN FEDERAL LANDS.—

8 (1) EXCLUSION.—The Secretary concerned may

9 not select, authorize, or undertake any salvage tim10 ber sale under subsection (b) with respect to lands

11 described in paragraph (2).

12 (2) DESCRIPTION OF EXCLUDED LANDS.—The

13 lands referred to in paragraph (1) are as follows:

14 (A) Any area on Federal lands included in

15 the National Wilderness Preservation System.

16 (B) Any roadless area on Federal lands

17 designated by Congress for wilderness study in

18 Colorado or Montana.

19 (C) Any roadless area on Federal lands

20 recommended by the Forest Service or Bureau

21 of Land Management for wilderness designation

22 in its most recent land management plan in ef23 fect as of the date of the enactment of this Act.
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1 (D) Any area on Federal lands on which

2 timber harvesting for any purpose is prohibited

3 by statute.

4 (h) RULEMAKING.—The Secretary concerned is not

5 required to issue formal rules under section 553 of title

6 5, United States Code, to implement this section or carry

7 out the authorities provided by this section.

8 (i) AWARD AND RELEASE OF PREVIOUSLY OFFERED

9 AND UNAWARDED TIMBER SALE CONTRACTS.—

10 (1) AWARD AND RELEASE REQUIRED.—Not11 withstanding any other provision of law, within 30

12 days after the date of the enactment of this section,

13 the Secretary concerned shall act to award, release,

14 and permit to be completed in fiscal years 1995 and

15 1996, with no change in originally advertised terms

16 and volumes, all timber sale contracts offered or

17 awarded before that date in any unit of the National

18 Forest System or district of the Bureau of Land

19 Management subject to section 318 of Public Law

20 101–121 (103 Stat. 745).

21 (2) EFFECT ON LAND MANAGEMENT PLANS.—

22 Compliance with paragraph (1) shall not require or

23 permit any change in any land management plan in

24 existence on the date of the enactment of this Act.

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HR 1159 RH

HR 1159 RH——3