H. R. 4578—86
available until expended, of which $21,829,000 is for hazardous
fuels reduction, $120,300,000 is for removal of hazardous fuels
to alleviate immediate emergency threats to urban wildland inter-
face areas as defined by the Secretary of Interior, $116,611,000
is for wildfire suppression, $85,000,000 is for burned areas
rehabilitation, and $10,000,000 is for rural fire assistance: Provided,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement contracts,
grants, or cooperative agreements, for hazardous fuels reduction
activities, and for training and monitoring associated with such
hazardous fuels reduction activities, on Federal land, or on adjacent
non-Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any coopera-
tive agreement between the Federal government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in entering into such grants or
cooperative agreements, the Secretary may consider the enhance-
ment of local and small business employment opportunities for
rural communities, and that in entering into procurement contracts
under this section on a best value basis, the Secretary may take
into account the ability of an entity to enhance local and small
business employment opportunities in rural communities, and that
the Secretary may award procurement contracts, grants, or coopera-
tive agreements under this section to entities that include local
non-profit entities, Youth Conservation Corps or related partner-
ships, or small or disadvantaged businesses: Provided further, That
funds in this account are also available for repayment of advances
to other appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That unobligated
balances of amounts previously appropriated to the ‘‘Fire Protection’’
and ‘‘Emergency Department of the Interior Firefighting Fund’’
may be transferred and merged with this appropriation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding
42 U.S.C. 1856d, sums received by a bureau or office of the Depart-
ment of the Interior for fire protection rendered pursuant to 42
U.S.C. 1856 et seq., Protection of United States Property, may
be credited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal year
limitation: Provided further, That the entire amount appropriated
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
this amount shall be made available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement
as defined by such Act, is transmitted by the President to the
Congress.
H. R. 4578—87
RELATED AGENY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For an additional amount to cover necessary expenses for emer-
gency rehabilitation, hazard reduction activities in the urban-
wildland interface, support to federal emergency response, repaying
firefighting funds borrowed from programs, and wildfire suppression
activities of the Forest Service, $619,274,000, to remain available
until expended, of which $179,000,000 is for wildfire suppression,
$120,000,000 is for removal of hazardous fuels to alleviate imme-
diate emergency threats to urban wildland interface areas as
defined by the Secretary of Agriculture, $142,000,000 is for emer-
gency rehabilitation, $44,000,000 is for capital improvement and
maintenance of fire facilities, $16,000,000 is for research activities
and to make competitive research grants pursuant to the Forest
and Rangeland Renewable Resources Research Act, as amended
(16 U.S.C. 1641 et seq.), $50,494,000 is for state fire assistance,
$8,280,000 is for volunteer fire assistance, $12,000,000 is for forest
health activities on state, private, and federal lands, $12,500,000
is for economic action programs, and $35,000,000 is for assistance
to non-federal entities most affected by fire using all existing
authorities under the State and Private Forestry appropriation;
and of which $320,274,000 may be transferred to the ‘‘State and
Private Forestry’’, ‘‘National Forest System’’, ‘‘Forest and Rangeland
Research’’, and ‘‘Capital Improvement and Maintenance’’ accounts
to fund state fire assistance, volunteer fire assistance, and forest
health management, vegetation and watershed management, herit-
age site rehabilitation, wildlife and fish habitat management, trails
and facilities maintenance and restoration: Provided, That transfers
of any amounts in excess of those authorized in this title, shall
require approval of the House and Senate Committees on Appropria-
tions in compliance with reprogramming procedures contained in
House Report No. 105–163: Provided further, That the costs of
implementing any cooperative agreement between the Federal
government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That in entering
into such grants or cooperative agreements, the Secretary may
consider the enhancement of local and small business employment
opportunities for rural communities, and that in entering into
procurement contracts under this section on a best value basis,
the Secretary may take into account the ability of an entity to
enhance local and small business employment opportunities in rural
communities, and that the Secretary may award procurement con-
tracts, grants, or cooperative agreements under this section to enti-
ties that include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth groups,
or small or disadvantaged businesses: Provided further, That the
entire amount appropriated is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be made avail-
able only to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount as
H. R. 4578—88
an emergency requirement as defined by such Act, is transmitted
by the President to the Congress: Provided further, That:
(1) In expending the funds provided with respect to this
title for hazardous fuels reduction, the Secretary of the Interior
and the Secretary of Agriculture may conduct fuel reduction
treatments on Federal lands using all contracting and hiring
authorities available to the Secretaries applicable to hazardous
fuel reduction activities under the wildland fire management
accounts. Notwithstanding Federal government procurement
and contracting laws, the Secretaries may conduct fuel reduc-
tion treatments on Federal lands using grants and cooperative
agreements. Notwithstanding Federal government procurement
and contracting laws, in order to provide employment and
training opportunities to people in rural communities, the Sec-
retaries may award contracts, including contracts for moni-
toring activities, to—
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partner-
ships, with State, local and non-profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a significant
percentage of local people to complete such contracts. The
authorities described above relating to contracts, grants,
and cooperative agreements are available until all funds
provided in this title for hazardous fuels reduction activities
in the urban wildland interface are obligated.
(2) Within 60 days after enactment, the Secretary of Agri-
culture and the Secretary of the Interior shall, after consulta-
tion with State and local fire-fighting agencies, jointly publish
in the Federal Register a list of all urban wildland interface
communities, as defined by the Secretaries, within the vicinity
of Federal lands that are at high risk from wildfire, as defined
by the Secretaries. This list shall include:
(A) an identification of communities around which haz-
ardous fuel reduction treatments are ongoing; and
(B) an identification of communities around which the
Secretaries are preparing to begin treatments in fiscal year
2001.
(3) Prior to May 1, 2001, the Secretary of Agriculture
and the Secretary of the Interior shall jointly publish in the
Federal Register a list of all urban wildland interface commu-
nities, as defined by the Secretaries, within the vicinity of
Federal lands and at high risk from wildfire that are included
in the list published pursuant to paragraph (2) but that are
not included in subparagraphs (A) and (B) of paragraph (2),
along with an identification of reasons, including but not limited
to lack of available funds, why there are no treatments ongoing
or being prepared for these communities.
(4) Within 30 days after enactment of this Act, the Sec-
retary of Agriculture shall publish in the Federal Register
the Forest Service’s Cohesive Strategy for Protecting People
and Sustaining Resources in Fire-Adapted Ecosystems. The
documentation required by section 102(2)(C) of the National
Environmental Policy Act accompanying the proposed regula-
tions revising the National Forest System transportation policy;
proposed roadless area protection regulation; and proposed
H. R. 4578—89
Interior Columbia Basin Project; and the Sierra Nevada Frame-
work/Sierra Nevada Forest Plan shall contain an analysis and
explanation of any differences between the Cohesive Strategy
and the policies and rule-making listed in this paragraph.
Nothing in this title is intended or should require a delay
in the rule-makings listed in this paragraph.
(5)(A) Funds provided to the Secretary of Agriculture by
this title and to the Secretary of the Interior, the Secretary
of Commerce, and the Council on Environmental Quality by
this Act and any other applicable act appropriating funds for
fiscal year 2001 shall be used as necessary to establish and
implement the expedited procedures set forth in this paragraph
for decisions to conduct hazardous fuel reduction treatments
pursuant to paragraphs (1) and (2), and any post-burn treat-
ments within the perimeters of areas burned by wildfire, on
federal lands.
(B) The Secretary of Agriculture, the Secretary of the
Interior, the Secretary of Commerce, and the Chairman of
the Council on Environmental Quality shall use such funds
specified in subparagraph (A) as necessary to evaluate the
need for revised or expedited environmental compliance proce-
dures including expedited procedures for the preparation of
documentation required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 4332(2)) for treatment
decisions referred to in subparagraph (A). The Secretary of
Agriculture, the Secretary of the Interior, the Chairman of
the Council on Environmental Quality shall report to the rel-
evant congressional committee of jurisdiction within 60 days
of enactment of this Act to apprise the Congress of the decision
to develop any expedited procedures or adopt or recommend
any other measures. Each Secretary may employ any expedited
procedures developed pursuant to this subsection for a treat-
ment decision when the Secretary determines the procedures
to be appropriate for the decision. These procedures shall ensure
that the period of preparation for environmental documentation
be expedited to the maximum extent practicable. Each Sec-
retary and the Council shall effect any modifications to existing
regulations and guidance as may be necessary to provide for
the expedited procedures within 180 days of the date of enact-
ment of this Act.
(C) With the funds specified in subparagraph (A), the Sec-
retary, as defined in section 3(15) of the Endangered Species
Act of 1973 (16 U.S.C. 1532(15)), may accord priority as appro-
priate to consultation or conferencing under section 7 of such
Act (16 U.S.C. 1536) concerning any treatment decision referred
to in subparagraph (A) for which consultation or conferencing
is required.
(D) With the funds specified in subparagraph (A), adminis-
trative review of any treatment decision referred to in subpara-
graph (A) shall be conducted as expeditiously as possible but
under no circumstances shall exceed any statutory deadline
applicable to such review.
(E) No provision in this title shall be construed to override
any existing environmental law.