H. R. 4818—290
allowed under the Presidential proclamation establishing such
monument.
SEC. 322. EXTENSION OF FOREST SERVICE CONVEYANCES PILOT
PROGRAM.—Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note;
Public Law 107–63) is amended—
(1) in subsection (b), by striking ‘‘30’’ and inserting ‘‘40’’;
(2) in subsection (c) by striking ‘‘8’’ and inserting ‘‘13’’;
and
(3) in subsection (d), by striking ‘‘2007’’ and inserting
‘‘2008’’.
SEC. 323. Section 3(c) of the Harriet Tubman Special Resource
Study Act (Public Law 106–516; 114 Stat. 2405) is amended by
striking ‘‘section 8 of section 8’’ and inserting ‘‘section 8.’’.
SEC. 324. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign country (either
directly or through its fire organization) agrees to assume any
and all liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while fighting
fires shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country: Provided further,
That neither the sending country nor any legal organization associ-
ated with the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role in fire
suppression.
SEC. 325. Notwithstanding any other provision of law or regula-
tion, to promote the more efficient use of the health care funding
allocation for fiscal year 2005, the Eagle Butte Service Unit of
the Indian Health Service, at the request of the Cheyenne River
Sioux Tribe, may pay base salary rates to health professionals
up to the highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruitment
or retention bonus of up to 25 percent above the base pay rate.
SEC. 326. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 327. None of the funds in this Act may be used to prepare
or issue a permit or lease for oil or gas drilling in the Finger
Lakes National Forest, New York, during fiscal year 2005.
SEC. 328. In awarding a Federal contract with funds made
available by this Act, the Secretary of Agriculture and the Secretary
of the Interior (the ‘‘Secretaries’’) may, in evaluating bids and
proposals, give consideration to local contractors who are from,
H. R. 4818—291
and who provide employment and training for, dislocated and dis-
placed workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have been
affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant alter-
native employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the Secre-
taries may award contracts, grants or cooperative agreements to
local non-profit entities, Youth Conservation Corps or related part-
nerships with State, local or non-profit youth groups, or small
or disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels reduc-
tion, watershed or water quality monitoring or restoration, wildlife
or fish population monitoring, or habitat restoration or manage-
ment: Provided further, That the terms ‘‘rural community’’ and
‘‘economically disadvantaged’’ shall have the same meanings as
in section 2374 of Public Law 101–624: Provided further, That
the Secretaries shall develop guidance to implement this section:
Provided further, That nothing in this section shall be construed
as relieving the Secretaries of any duty under applicable procure-
ment laws, except as provided in this section.
SEC. 329. No funds appropriated in this Act for the acquisition
of lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated
to implement the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
SEC. 330. Section 338 of Public Law 108–108 is amended by
striking ‘‘2003’’ and inserting ‘‘2004’’.
SEC. 331. Section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104–134; 110 Stat. 1321–200; 16 U.S.C. 460l–
6a note), is amended—
(1) in subsection (b), by inserting ‘‘subject to subsection
(g) but’’ before ‘‘notwithstanding’’ in the matter preceding para-
graph (1); and
(2) by adding at the end the following new subsection:
‘‘(g) The Secretary of Agriculture may not charge or collect
fees under this section for the following:
‘‘(1) Admission to a unit of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
‘‘(2) The use either singly or in any combination, of the
following—
‘‘(A) undesignated parking along roads;
‘‘(B) overlook sites or scenic pullouts;
‘‘(C) information offices and centers that only provide
general area information and limited services or interpre-
tive exhibits; and
‘‘(D) dispersed areas for which expenditures in facilities
or services are limited.’’.
SEC. 332. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.—
(1) Of the funds made available by this or any other Act
to the Department of Energy or the Department of the Interior
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for fiscal year 2005, not more than the maximum amount
specified in paragraph (2) may be used by the Secretary of
Energy or the Secretary of the Interior to initiate or continue
competitive sourcing studies in fiscal year 2005 for programs,
projects, and activities for which funds are appropriated by
this Act until such time as the Secretary concerned submits
a reprogramming proposal to the Committees on Appropriations
of the Senate and the House of Representatives, and such
proposal has been processed consistent with the reprogramming
guidelines in House Report 108–330.
(2) For the purposes of paragraph (1) the maximum
amount—
(A) with respect to the Department of Energy is
$500,000; and
(B) with respect to the Department of the Interior
is $3,250,000.
(3) Of the funds appropriated by this Act, not more than
$2,000,000 may be used in fiscal year 2005 for competitive
sourcing studies and related activities by the Forest Service.
(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,
the term ‘‘competitive sourcing study’’ means a study on subjecting
work performed by Federal Government employees or private con-
tractors to public-private competition or on converting the Federal
Government employees or the work performed by such employees
to private contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative regulation,
directive, or policy.
(c) Section 340(b) of Public Law 108–108 is hereby repealed.
(d) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE
STUDIES
CONDUCTED
PRIOR
TO
FISCAL
YEAR
2005.—Notwith-
standing requirements of Office of Management and Budget Cir-
cular A–76, Attachment B, the Forest Service is hereby exempted
from implementing the Letter of Obligation and post-competition
accountability guidelines where a competitive sourcing study
involved 65 or fewer full-time equivalents, the performance decision
was made in favor of the agency provider; no net savings was
achieved by conducting the study, and the study was completed
prior to the date of this Act.
(e) In preparing any reports to the Committees on Appropria-
tions on competitive sourcing activities, agencies funded in this
Act shall include the incremental cost directly attributable to con-
ducting the competitive sourcing competitions, including costs
attributable to paying outside consultants and contractors and,
in accordance with full cost accounting principles, all costs attrib-
utable to developing, implementing, supporting, managing, moni-
toring, and reporting on competitive sourcing, including personnel,
consultant, travel, and training costs associated with program
management.
SEC. 333. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative
functions or headquarters, regional or central office operations shall
be presented in annual budget justifications. Changes to such esti-
mates shall be presented to the Committees on Appropriations
for approval.
H. R. 4818—293
SEC. 334. None of the funds in this Act or prior Acts making
appropriations for the Department of the Interior and Related Agen-
cies may be provided to the managing partners or their agents
for the SAFECOM or Disaster Management projects.
SEC. 335. CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN
LAND IN THE SAN BERNARDINO NATIONAL FOREST IN THE STATE
OF CALIFORNIA. (a) FINDINGS.—The Congress finds that—
(1) a select area of the San Bernardino National Forest
in California is heavily developed with recreation residences
and is immediately adjacent to comparably developed private
property;
(2) it is in the public interest to convey the above referenced
area to the owners of the recreation residences; and
(3) the Secretary of Agriculture should use the proceeds
of such conveyance for critical San Bernardino National Forest
infrastructure improvements or to acquire additional lands
within the boundaries of the San Bernardino National Forest.
(b) CONVEYANCE REQUIRED.—Subject to valid existing rights
and such terms, conditions, and restrictions as the Secretary deems
necessary or desirable in the public interest, the Secretary of Agri-
culture shall convey to the Mill Creek Homeowners Association
(hereinafter Association) all right, title, and interest of the United
States in and to the Mill Creek parcel of real estate described
in subsection (c)(1). In the event the Secretary and the Association
for any reason do not complete the sale within 2 years from the
date of enactment of this Act, this authority shall expire.
(c) LEGAL DESCRIPTION AND CORRECTION AUTHORITY.—
(1) DESCRIPTION.—The Mill Creek parcel, approximately
35 acres, as shown on a map ‘‘The Mill Creek Conveyance
Parcel—San Bernardino National Forest, dated June 1, 2004’’
generally located in the northeast quarter of Section 8, T.1S.,
R.1W., San Bernardino Meridian, of the United States Public
Lands Survey System, California. The map shall be on file
and available for inspection in the office of the Chief, Forest
Service, Washington, DC and in the office of the Forest Super-
visor, San Bernardino National Forest until such time as the
lands are conveyed.
(2) CORRECTIONS.—The Secretary is authorized to make
minor corrections to this map and may modify the description
to correct errors or to reconfigure the property in order to
facilitate conveyance. In the event of a conflict between the
map description and the USPLSS description of the land in
paragraph (1), the map will be considered the definitive descrip-
tion of the land.
(d) CONSIDERATION.—Consideration for the conveyance under
subsection (b) shall be equal to the appraised fair market value
of the parcel of real property to be conveyed. Such appraisal shall
be prepared in conformity with the Uniform Appraisal Standards
for Federal Land Acquisition.
(e) ACCESS REQUIREMENTS.—Notwithstanding section 1323(a)
of the Alaska National Interest Lands Conservation Act (16 U.S.C.
3210(a)) or any other law, the Secretary is not required to provide
access over National Forest System lands to the parcel of real
estate to be conveyed under subsection (b).
(f) ADMINISTRATIVE COSTS.—All costs incurred by the Secretary
of Agriculture and any costs associated with the creation of a
subdivided parcel, conducting and recordation of a survey, zoning,