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public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
SEC. 312. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the 5-year
program under the Forest and Rangeland Renewable Resources
Planning Act.
SEC. 313. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions
are justified in the budget process and funding is approved by
the House and Senate Committees on Appropriations.
SEC. 314. Notwithstanding any other provision of law, for fiscal
year 2005 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts
as part of the ‘‘Jobs in the Woods’’ Program established in Region
10 of the Forest Service to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secre-
taries shall consider the benefits to the local economy in evaluating
bids and designing procurements which create economic opportuni-
ties for local contractors.
SEC. 315. Amounts deposited during fiscal year 2004 in the
roads and trails fund provided for in the 14th paragraph under
the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and trails
on National Forest System lands or to carry out and administer
projects to improve forest health conditions, which may include
the repair or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface where
there is an abnormally high risk of fire. The projects shall empha-
size reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed in a subse-
quent fiscal year. Funds shall not be expended under this section
to replace funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section shall
be construed to exempt any project from any environmental law.
SEC. 316. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
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machines include an option that enables callers to reach promptly
an individual on-duty with the agency being contacted.
SEC. 317. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in the current fiscal year, the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the needs
of domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at prevailing
domestic prices. Should Region 10 sell, in the current fiscal year,
less than the annual average portion of the decadal allowable
sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (1) which is surplus to
the needs of domestic processors in Alaska; and (2) is that percent
of the surplus western redcedar volume determined by calculating
the ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Management
Plan. The percentage shall be calculated by Region 10 on a rolling
basis as each sale is sold (for purposes of this amendment, a
‘‘rolling basis’’ shall mean that the determination of how much
western redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar shall
be deemed ‘‘surplus to the needs of domestic processors in Alaska’’
when the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs from
a given sale to domestic Alaska processors at a price equal to
or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous
48 United States domestic processors may be exported to foreign
markets at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election of
the timber sale holder.
SEC. 318. Section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended—
(1) by striking ‘‘The Secretary of Agriculture may, when
in his’’ and inserting ‘‘(a) The Secretary of Agriculture may,
when in his or her’’;
‘‘(b) Amounts deposited under subsection (a)’’;
(2) by striking ‘‘may direct:’’ and all that follows through
‘‘That the Secretary of Agriculture’’ and inserting ‘‘may direct.
The Secretary of Agriculture’’; and
(3) by adding at the end the following new subsection:
‘‘(c) Any portion of the balance at the end of a fiscal year
in the special fund established pursuant to this section that the
Secretary of Agriculture determines to be in excess of the cost
of doing work described in subsection (a) (as well as any portion
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of the balance in the special fund that the Secretary determined,
before October 1, 2004, to be excess of the cost of doing work
described in subsection (a), but which has not been transferred
by that date) shall be transferred to miscellaneous receipts, National
Forest Fund, as a National Forest receipt, but only if the Secretary
also determines that—
‘‘(1) the excess amounts will not be needed for emergency
wildfire suppression during the fiscal year in which the transfer
would be made; and
‘‘(2) the amount to be transferred to miscellaneous receipts,
National Forest Fund, exceeds the outstanding balance of
unreimbursed funds transferred from the special fund in prior
fiscal years for wildfire suppression.’’.
SEC. 319. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating any project, the Secretary shall consult with potentially
affected holders to determine what impacts the project may
have on the holders. Any modifications to the authorization
shall be made within the terms and conditions of the authoriza-
tion and authorities of the impacted agency; and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when—
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relation-
ship with the agency; or
(C) the agency revokes the permit for non-compliance
with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstra-
tion Program to provide for operations until a subsequent operator
can be found through the offering of a new prospectus.
SEC. 320. Prior to October 1, 2005, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 321. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are