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planning approval, and similar expenses with respect to the convey-
ance under subsection (b), shall be borne by the Association.
(g) ASSUMPTION OF LIABILITY.—By acceptance of the conveyance
of the parcel of real property referred to in subsection (b), the
Association and its successors and assigns will indemnify and hold
harmless the United States for any and all liability to any party
that is associated with the parcel.
(h) TREATMENT OF RECEIPTS.—All funds received pursuant to
the conveyance of the parcel of real property referred to in sub-
section (b) shall be deposited in the fund established under Public
Law 90–171 (16 U.S.C. 484a; commonly known as the Sisk Act),
and the funds shall remain available to the Secretary, until
expended, for critical San Bernardino National Forest infrastructure
improvements or the acquisition of lands, waters, and interests
in land for inclusion in the San Bernardino National Forest.
SEC. 336. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106–291;
114 Stat. 996), is amended—
(1) in subsection (a), by striking ‘‘Until September 30, 2004,
the’’ and inserting ‘‘The’’; and
(2) by adding at the end the following new subsections:
‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The authority pro-
vided by this section shall also be available to the Secretary of
the Interior with respect to public lands in the State of Colorado
administered by the Secretary through the Bureau of Land Manage-
ment.
‘‘(e) EXPIRATION OF AUTHORITY.—The authority of the Secretary
of Agriculture and the Secretary of the Interior to enter into coopera-
tive agreements and contracts under this section expires September
30, 2009, and the term of any cooperative agreement or contract
entered into under this section shall not extend beyond that date.’’.
SEC. 337. FEDERAL AND STATE COOPERATIVE FOREST, RANGE-
LAND, AND WATERSHED RESTORATION IN UTAH. (a) AUTHORITY.—
Until September 30, 2006, the Secretary of Agriculture, via coopera-
tive agreement or contract (including sole source contract) as appro-
priate, may permit the State Forester of the State of Utah to
perform forest, rangeland, and watershed restoration services on
National Forest System lands in the State of Utah. Restoration
services provided are to be on a project to project basis as planned
or made ready for implementation under existing authorities of
the Forest Service. The types of restoration services that may
be contracted under this authority include treatment of insect
infected trees, reduction of hazardous fuels, and other activities
to restore or improve forest, rangeland, and watershed health
including fish and wildlife habitat.
(b) STATE AS AGENT.—Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of the State of Utah to serve as
agent for the Forest Service in providing services necessary to
facilitate the performance and treatment of insect infested trees,
reduction of hazardous fuels, and to restore or improve forest,
rangeland, and watershed health including fish and wildlife habitat
under subsection (a). The services to be performed by the State
Forester of Utah may be conducted with subcontracts utilizing
State of Utah contract procedures. Subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16 U.S.C.
H. R. 4818—295
472a) shall not apply to services performed under a cooperative
agreement or contract under subsection (a).
(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to
any treatment activity to restore and improve forest, rangeland,
and watershed health including fish and wildlife habitat services
on National Forest System lands programmed for treatment by
the State Forester of the State of Utah under subsection (a), any
decision required to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4821 et seq.) may not be delegated
to any officer or employee of the State of Utah.
SEC. 338. (a) IN GENERAL.—An entity that enters into a contract
with the United States to operate the National Recreation Reserva-
tion Service (as solicited by the solicitation numbered WO–04–
06vm) shall not carry out any duties under the contract using:
(1) a contact center located outside the United States;
or
(2) a reservation agent who does not live in the United
States.
(b) NO WAIVER.—The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is carrying out
duties under the contract described in subsection (a) may not tele-
commute from a location outside the United States.
(d) LIMITATIONS.—Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation agent
carrying out the duties under the contract described in subsection
(a) or who provides managerial or support services.
SEC. 339. For fiscal years 2005 through 2007, a decision made
by the Secretary of Agriculture to authorize grazing on an allotment
shall be categorically excluded from documentation in an environ-
mental assessment or an environmental impact statement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) if: (1) the decision continues current grazing management
of the allotment; (2) monitoring indicates that current grazing
management is meeting, or satisfactorily moving toward, objectives
in the land and resource management plan, as determined by
the Secretary; and (3) the decision is consistent with agency policy
concerning extraordinary circumstances. The total number of allot-
ments that may be categorically excluded under this section may
not exceed 900.
SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER HUNTING
CAMPS. Section 3(a)(24) of Public Law 90–542 (16 U.S.C. 1274)
is amended to add the following after paragraph (C) and redesignate
subsequent paragraphs accordingly:
‘‘(D) The established use and occupancy as of June
6, 2003, of lands and maintenance or replacement of facili-
ties and structures for commercial recreation services at
Stub Creek located in section 28, T24N, R14E, Boise Prin-
cipal Meridian, at Arctic Creek located in section 21, T25N,
R12E, Boise Principal Meridian and at Smith Gulch located
in section 27, T25N, R12E, Boise Principal Meridian shall
continue to be authorized, subject to such reasonable regu-
lation as the Secretary deems appropriate, including rules
that would provide for termination for non-compliance, and
if terminated, reoffering the site through a competitive
process.’’.
SEC. 341. (a) IN GENERAL.—
H. R. 4818—296
(1) The Secretary of Agriculture and the Secretary of the
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 pur-
poses.
(2) Notwithstanding 31 U.S.C. 6301–6308, 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.
SEC. 342. (a) FINDINGS.—
(1) In 1953, Public Land Order 899 (PLO 899) eliminated
approximately 80 acres from the Tongass National Forest, for
the Community of Elfin Cove, Alaska. From 1953 until 2001,
the USDA Forest Service believed two small islets within the
Elfin Cove Harbor (Lots 1 and 2 of U.S. Survey 13150, approxi-
mately 0.29 acres) were included as part of PLO 899. However,
due to a Bureau of Land Management rule in effect when
PLO 899 was issued, ownership of unsurveyed, unmapped islets
remained with the original landowner, in this case the United
States.
(2) These two islets are needed by the Community of Elfin
Cove to resolve public health and safety problems.
(3) The two islets serve no national forest purposes, but
the Forest Service has no authority to transfer ownership of
them to the Community of Elfin Cove, without receiving fair
market value for the land interests.
(4) Neither the Bureau of Land Management nor the Forest
Service intended to retain Federal ownership of these two islets,
and they remained in ownership of the United States only
through an inadvertent error.
(5) Conveyance of these two islets from the United States
to the Community of Elfin Cove, Alaska, without consideration,
is in the public interest.
(b) Based on the findings in subsection (a) and notwithstanding
any other provision of law, Congress hereby authorizes and directs
the Secretary of Agriculture to convey in fee simple without com-
pensation, Lots 1 and 2 of U.S. Survey 13150, comprising approxi-
mately 0.29 acres, to the Community of Elfin Cove, Alaska.
SEC. 343. (a) Notwithstanding any other provision of law, and
until October 1, 2007, the Indian Health Service may not disburse
funds for the provision of health care services pursuant to Public
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village
or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into
prior to May 1, 2004, or to prohibit the renewal of any such
agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes,
Inc., shall be treated as an Alaska Native regional health entity
to whom funds may be disbursed under this section.