H. R. 2691—44
319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided fur-
ther, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities
in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $236,392,000 is for
hazardous fuels reduction activities, $7,000,000 is for rehabilitation
and restoration, $22,300,000 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.), $51,700,000 is for State fire assistance, $8,240,000 is for
volunteer fire assistance, $25,000,000 is for forest health activities
on State, private, and Federal lands: Provided further, That
amounts in this paragraph may be transferred to the ‘‘State and
Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund State fire assistance, volun-
teer fire assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and res-
toration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in the statement of man-
agers accompanying this Act: 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 addition
to funds provided for State Fire Assistance programs, and subject
to all authorities available to the Forest Service under the State
and Private Forestry Appropriations, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of protecting
communities when hazard reduction activities are planned on
national forest lands that have the potential to place such commu-
nities at risk: Provided further, That included in funding for haz-
ardous fuel reduction is $5,000,000 for implementing the Commu-
nity Forest Restoration Act, Public Law 106–393, title VI, and
any portion of such funds shall be available for use on non-Federal
lands in accordance with authorities available to the Forest Service
under the State and Private Forestry Appropriation: Provided fur-
ther, That in using the funds provided in this Act for hazardous
fuels reduction activities, the Secretary of Agriculture may conduct
fuel reduction treatments on Federal lands using all contracting
and hiring authorities available to the Secretary applicable to haz-
ardous fuel reduction activities under the wildland fire management
accounts: Provided further, That notwithstanding Federal Govern-
ment procurement and contracting laws, the Secretaries may con-
duct fuel reduction treatments, rehabilitation and restoration, and
other activities authorized under this heading on and adjacent
to Federal lands using grants and cooperative agreements: Provided
further, That notwithstanding Federal Government procurement
H. R. 2691—45
and contracting laws, in order to provide employment and training
opportunities to people in rural communities, the Secretaries may
award contracts, including contracts for monitoring activities, to
local private, non-profit, or cooperative entities; Youth Conservation
Corps crews or related partnerships, with State, local and non-
profit youth groups; small or micro-businesses; or other entities
that will hire or train a significant percentage of local people
to complete such contracts: Provided further, That the authorities
described above relating to contracts, grants, and cooperative agree-
ments are available until all funds provided in this title for haz-
ardous fuels reduction activities in the urban wildland interface
are obligated: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $12,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects.
For an additional amount, $301,000,000, to repay prior year
advances from other appropriations from which funds were trans-
ferred for wildfire suppression and emergency rehabilitation activi-
ties: Provided, That this additional amount is designated by the
Congress as an emergency requirement pursuant to section 502
of H. Con. Res. 95 (108th Congress), the concurrent resolution
on the budget for fiscal year 2004: Provided further, That this
additional amount and $253,000,000 of the funds appropriated to
the Forest Service for the repayment of advances for fire suppres-
sion in Public Law 108–83, shall be transferred to the following
Forest Service accounts: $96,000,000 to the Land Acquisition
account, $95,000,000 to the Capital Improvement and Maintenance
account, $9,000,000 to the Working Capital Fund, $52,000,000 to
the National Forest System account, $31,000,000 to the State and
Private Forestry account, $10,000,000 to the Forest and Rangeland
Research 
account, 
$35,000,000 
to 
the 
Salvage 
Sale 
fund,
$28,000,000 to the Timber Purchaser Election account, $154,000,000
to the Knutson Vandenburg fund, $20,000,000 to the Brush Disposal
account, $14,000,000 to the Forest Service Recreation Fee Dem-
onstration fund, and $10,000,000 to the Forest Land Enhancement
Program account.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $562,154,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
repair, decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532–538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the
funds provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to decommission
any system road until notice and an opportunity for public comment
has been provided on each decommissioning project: Provided fur-
ther, That the Forest Service shall transfer $350,000 appropriated
H. R. 2691—46
in Public Law 108–7 within the Capital Improvement and Mainte-
nance appropriation to the State and Private Forestry appropria-
tion, and shall provide these funds for planning and construction
of backcountry huts in Alaska.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$67,191,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That not-
withstanding any limitations of the Land and Water Conservation
Fund Act (16 U.S.C. 460l–9), the Secretary of Agriculture is hence-
forth authorized to utilize any funds appropriated under this
heading from the Land and Water Conservation Fund to acquire
Mental Health Trust lands in Alaska and, upon Federal acquisition,
the boundaries of the Tongass National Forest shall be deemed
modified to include such lands.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
H. R. 2691—47
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,535,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 124 passenger
motor vehicles of which 21 will be used primarily for law enforce-
ment purposes and of which 124 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft to maintain
the operable fleet at 195 aircraft for use in Forest Service wildland
fire programs and other Forest Service programs; notwithstanding
other provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft; (2) services pursuant
to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note);
(6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902;
and (7) for debt collection contracts in accordance with 31 U.S.C.
3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions if and only if all previously
appropriated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the President
and apportioned and all wildfire suppression funds under the
heading ‘‘Wildland Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the
State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section