H. R. 2691—69
SEC. 329. None of the funds made available in this Act may
be used for the planning, design, or construction of improvements
to Pennsylvania Avenue in front of the White House without the
advance approval of the Committees on Appropriations.
SEC. 330. 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,
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 the Secretaries
may award grants or cooperative agreements to local non-profit
entities, Youth Conservation Corps or related partnerships 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 reduction, watershed or
water quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ‘‘rural community’’ and ‘‘economically disadvan-
taged’’ 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 procurement laws, except as provided
in this section.
SEC. 331. 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. 332. Section 315(f) 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) by striking ‘‘September 30, 2004’’ and inserting
‘‘December 31, 2005’’; and
(2) by striking ‘‘2007’’ and inserting ‘‘2008’’.
SEC. 333. IMPLEMENTATION OF GALLATIN LAND CONSOLIDATION
ACT OF 1998. (a) DEFINITIONS.—For purposes of this section:
(1) ‘‘Gallatin Land Consolidation Act of 1998’’ means Public
Law 105–267 (112 Stat. 2371).
(2) ‘‘Option Agreement’’ has the same meaning as defined
in section 3(6) of the Gallatin Land Consolidation Act of 1998.
(3) ‘‘Secretary’’ means the Secretary of Agriculture.
(4) ‘‘Excess receipts’’ means National Forest Fund receipts
from the National Forests in Montana, which are identified
and adjusted by the Forest Service within the fiscal year,
and which are in excess of funds retained for: the Salvage
Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/
Specified Road Credits; the Twenty-Five Percent Fund, as
H. R. 2691—70
amended; the Ten Percent Road and Trail Fund; the Timber
Sale Pipeline Restoration Fund; the Fifty Percent Grazing Class
A Receipts Fund; and the Land and Water Conservation Fund
Recreation User Fees Receipts—Class A Fund.
(5) ‘‘Special Account’’ means the special account referenced
in section 4(c)(2) of the Gallatin Land Consolidation Act of
1998.
(6) ‘‘Eastside National Forests’’ has the same meaning as
in section 3(4) of the Gallatin Land Consolidation Act of 1998.
(b) SPECIAL ACCOUNT.—
(1) The Secretary is authorized and directed, without fur-
ther appropriation or reprogramming of funds, to transfer to
the Special Account these enumerated funds and receipts in
the following order:
(A) timber sale receipts from the Gallatin National
Forest and other Eastside National Forests, as such
receipts are referenced in section 4(a)(2)(C) of the Gallatin
Land Consolidation Act of 1998;
(B) any available funds heretofore appropriated for
the acquisition of lands for National Forest purposes in
the State of Montana through fiscal year 2003;
(C) net receipts from the conveyance of lands on the
Gallatin National Forest as authorized by subsection (c);
and
(D) excess receipts for fiscal years 2003 through 2008.
(2) All funds in the Special Account shall be available
to the Secretary until expended, without further appropriation,
and will be expended prior to the end of fiscal year 2008
for the following purposes:
(A) the completion of the land acquisitions authorized
by the Gallatin Land Consolidation Act of 1998 and fulfill-
ment of the Option Agreement, as may be amended from
time to time; and
(B) the acquisition of lands for which acquisition funds
were transferred to the Special Account pursuant to sub-
section (b)(1)(B).
(3) The Special Account shall be closed at the end of fiscal
year 2008 and any monies remaining in the Special Account
shall be transferred to the fund established under Public Law
90–171 (commonly known as the ‘‘Sisk Act’’, 16 U.S.C. 484a)
to remain available, until expended, for the acquisition of lands
for National Forest purposes in the State of Montana.
(4) Funds deposited in the Special Account or eligible for
deposit shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purposes.
(c) LAND
CONVEYANCES
WITHIN
THE
GALLATIN
NATIONAL
FOREST.—
(1) CONVEYANCE AUTHORITY.—The Secretary is authorized,
under such terms and conditions as the Secretary may prescribe
and without requirements for further administrative or environ-
mental analyses or examination, to sell or exchange any or
all rights, title, and interests of the United States in the fol-
lowing lands within the Gallatin National Forest in the State
of Montana:
(A) SMC East Boulder Mine Portal Tract: Principal
Meridian, T.3S., R.11E., Section 4, lots 3 to 4 inclusive,
W1⁄2SE1⁄4NW1⁄4, containing 76.27 acres more or less.
H. R. 2691—71
(B) Forest Service West Yellowstone Administrative
Site: United States Forest Service Administrative Site
located within the NE1⁄4 of Block 17 of the Townsite of
West Yellowstone which is situated in the N1⁄2 of Section
34, T.13S., R.5E., Principal Meridian, Gallatin County,
Montana, containing 1.04 acres more or less.
(C) Mill Fork Mission Creek Tract: Principal Meridian,
T.13S., R.5E., Section 34, NW1⁄4SW1⁄4, containing 40 acres
more or less.
(D) West Yellowstone Town Expansion Tract #1: Prin-
cipal Meridian, T.13S., R.5E., Section 33, E1⁄2E1⁄2NE1⁄4,
containing 40 acres more or less.
(E) West Yellowstone Town Expansion Tract #2: Prin-
cipal Meridian, T.13S., R.5E., Section 33, NE1⁄4SE1⁄4, con-
taining 40 acres more or less.
(2) DESCRIPTIONS.—The Secretary may modify the descrip-
tions in subsection (c)(1) to correct errors or to reconfigure
the properties in order to facilitate a conveyance.
(3) CONSIDERATION.—Consideration for a sale or exchange
of land under this subsection may include cash, land, or a
combination of both.
(4) VALUATION.—Any appraisals of land deemed necessary
or desirable by the Secretary to carry out the purposes of
this section shall conform to the Uniform Appraisal Standards
for Federal Land Acquisitions.
(5) CASH EQUALIZATION.—Notwithstanding any other provi-
sion of law, the Secretary may accept a cash equalization pay-
ment in excess of 25 percent of the value of any land exchanged
under this subsection.
(6) SOLICITATIONS OF OFFERS.—The Secretary may—
(A) solicit offers for sale or exchange of land under
this subsection on such terms and conditions as the Sec-
retary may prescribe; or
(B) reject any offer made under this subsection if the
Secretary determines that the offer is not adequate or
not in the public interest.
(7) METHODS OF SALE.—The Secretary may sell land at
public or private sale, including competitive sale by auction,
bid, or otherwise, in accordance with such terms, conditions,
and procedures as the Secretary determines will be in the
best interests of the United States.
(8) BROKERS.—The Secretary may utilize brokers or other
third parties in the disposition of the land authorized by this
subsection and, from the proceeds of the sale, may pay reason-
able commissions or fees on the sale or sales.
(9) RECEIPTS
FROM
SALE
OR
EXCHANGE.—The Secretary
shall deposit the net receipts of a sale or exchange under
this subsection in the Special Account.
(d) MISCELLANEOUS PROVISIONS.—
(1) Receipts from any sale or exchange pursuant to sub-
section (c) of this section:
(A) Shall not be deemed excess receipts for purposes
of this section.
(B) Shall not be paid or distributed to the State or
counties under any provision of law, or otherwise deemed
as moneys received from the National Forest for purposes
of the Act of May 23, 1908 or the Act of March 1, 1911
H. R. 2691—72
(16 U.S.C. 500, as amended), or the Act of March 4, 1913
(16 U.S.C. 501, as amended).
(2) As of the date of enactment of this section, any public
land order withdrawing land described in subsection (c)(1) from
all forms of appropriation under the public land laws is revoked
with respect to any portion of the land conveyed by the Sec-
retary under this section.
(3) Subject to valid existing rights, all lands described
in section (c)(1) are withdrawn from location, entry, and patent
under the mining laws of the United States.
(4) The Agriculture Property Management Regulations
shall not apply to any action taken pursuant to this section.
(e) OPTION AGREEMENT AMENDMENT.—The Amendment No. 1
to the Option Agreement is hereby ratified as a matter of Federal
law and the parties to it are authorized to effect the terms and
conditions thereof.
SEC. 334. Subsection (c) of section 551 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll–61) is amended
to read as follows:
‘‘(c) USE OF FUNDS.—The Secretary of Agriculture may expend
amounts appropriated or otherwise made available to carry out
this title in a manner consistent with the authorities exercised
by the Tennessee Valley Authority before the transfer of the Recre-
ation Area to the administrative jurisdiction of the Secretary,
including campground management and visitor services, paid
advertisement, and procurement of food and supplies for resale
purposes.’’.
SEC. 335. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000, as enacted into law
by section 1000(a)(3) of Public Law 106–113 (113 Stat. 1501A–
204; 16 U.S.C. 528 note), is amended—
(1) in subsection (b)—
(A) in the first sentence, by striking ‘‘not less than
the fair market value’’ and inserting ‘‘fees under subsection
(c)’’; and
(B) by striking the second sentence and inserting the
following: ‘‘The Secretary shall establish appraisal methods
and bidding procedures to determine the fair market value
of forest botanical products harvested under the pilot pro-
gram.’’;
(2) in subsection (c), by striking paragraph (1) and inserting
the following new paragraph (1):
‘‘(1) IMPOSITION
AND
COLLECTION.—Under the pilot pro-
gram, the Secretary of Agriculture shall charge and collect
from a person who harvests forest botanical products on
National Forest System lands a fee in an amount established
by the Secretary to recover at least a portion of the fair market
value of the harvested forest botanical products and a portion
of the costs incurred by the Department of Agriculture associ-
ated with granting, modifying, or monitoring the authorization
for harvest of the forest botanical products, including the costs
of any environmental or other analysis.’’;
(3) in subsection (d)(1), by striking ‘‘charges and fees under
subsections (b) and’’ and inserting ‘‘a fee under subsection’’;
(4) in subsection (f)—
(A) in paragraph (1), by striking ‘‘subsections (b) and’’
and inserting ‘‘subsection’’;
H. R. 2691—73
(B) in paragraph (2), by striking ‘‘in excess of the
amounts collected for forest botanical products during fiscal
year 1999’’;
(C) in paragraph (3), by striking ‘‘charges and fees
collected at that unit under the pilot program to pay for’’
and all that follows through the period at the end and
inserting ‘‘fees collected at that unit under subsection (c)
to pay for the costs of conducting inventories of forest
botanical products, determining sustainable levels of har-
vest, monitoring and assessing the impacts of harvest levels
and methods, conducting restoration activities, including
any necessary vegetation, and covering costs of the Depart-
ment of Agriculture described in subsection (c)(1).’’; and
(D) in paragraph (4), by striking ‘‘subsections (b) and’’
and inserting ‘‘subsection’’;
(5) in subsection (g)—
(A) by striking ‘‘charges and fees under subsections
(b) and’’ and inserting ‘‘fees under subsection’’; and
(B) by striking ‘‘subsections (b) and’’ the second place
it appears and inserting ‘‘subsection’’; and
(6) in subsection (h), by striking paragraph (1) and inserting
the following new paragraph (1):
‘‘(1) COLLECTION OF FEES.—The Secretary of Agriculture
may collect fees under the authority of subsection (c) until
September 30, 2009.’’.
SEC. 336. TRANSFER OF FOREST LEGACY PROGRAM LAND. Section
7(l) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c(l)) is amended by inserting after paragraph (2) the following:
‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM LAND—
‘‘(A) IN GENERAL.—Subject to any terms and conditions
that the Secretary may require (including the requirements
described in subparagraph (B)), the Secretary may, at the
request of the State of Vermont, convey to the State, by
quitclaim deed, without consideration, any land or interest
in land acquired in the State under the Forest Legacy
Program.
‘‘(B) REQUIREMENTS.—In conveying land or an interest
in land under subparagraph (A), the Secretary may require
that—
‘‘(i) the deed conveying the land or interest in
land include requirements for the management of the
land in a manner that—
‘‘(I) conserves the land or interest in land;
and
‘‘(II) is consistent with any other Forest Legacy
Program purposes for which the land or interest
in land was acquired;
‘‘(ii) if the land or interest in land is subsequently
sold, exchanged, or otherwise disposed of by the State
of Vermont, the State shall—
‘‘(I) reimburse the Secretary in an amount that
is based on the current market value of the land
or interest in land in proportion to the amount
of consideration paid by the United States for the
land or interest in land; or
H. R. 2691—74
‘‘(II) convey to the Secretary land or an
interest in land that is equal in value to the land
or interest in land conveyed.
‘‘(C) DISPOSITION OF FUNDS.—Amounts received by the
Secretary under subparagraph (B)(ii) shall be credited to
the Wildland Fire Management account, to remain avail-
able until expended.’’.
SEC. 337. Notwithstanding section 9(b) of Public Law 106–
506, funds hereinafter appropriated under Public Law 106–506
shall require matching funds from non-Federal sources on the basis
of aggregate contribution to the Environmental Improvement Pro-
gram, as defined in Public Law 106–506, rather than on a project-
by-project basis, except for those activities provided under section
9(c) of that Act, to which this amendment shall not apply.
SEC. 338. Any application for judicial review of a Record of
Decision for any timber sale in Region 10 of the Forest Service
that had a Notice of Intent prepared on or before January 1,
2003 shall—
(1) be filed in the Alaska District of the Federal District
Court within 30 days after exhaustion of the Forest Service
administrative appeals process (36 CFR 215) or within 30 days
of enactment of this Act if the administrative appeals process
has been exhausted prior to enactment of this Act, and the
Forest Service shall strictly comply with the schedule for
completion of administrative action; and
(2) be completed and a decision rendered by the court
not later than 180 days from the date such request for review
is filed; if a decision is not rendered by the court within 180
days as required by this subsection, the Secretary of Agriculture
shall petition the court to proceed with the action.
SEC. 339. (a) IN GENERAL.—The Secretary of Agriculture may
cancel, with the consent of the timber purchaser, a maximum of
70 contracts for the sale of timber awarded between October 1,
1995 and January 1, 2002 on the Tongass National Forest in
Alaska if—
(1) the Secretary determines, in the Secretary’s sole discre-
tion, that the sale would result in a financial loss to the pur-
chaser and the costs to the government of seeking a legal
remedy against the purchaser would likely exceed the cost
of terminating the contract; and
(2) the timber purchaser agrees to—
(A) terminate its rights under the contract; and
(B) release the United States from all liability,
including further consideration or compensation resulting
from such cancellation.
(b) EFFECT OF CANCELLATION.—
(1) IN GENERAL.—The United States shall not surrender
any claim against a timber purchaser that arose under a con-
tract before cancellation under this section not in connection
with the cancellation.
(2) LIMITATION.—Cancellation of a contract under this sec-
tion shall release the timber purchaser from liability for any
damages resulting from cancellation of such contract.
(c) TIMBER AVAILABLE FOR RESALE.—Timber included in a con-
tract cancelled under this section shall be available for resale by
the Secretary of Agriculture.
H. R. 2691—75
SEC. 340. (a) JUSTIFICATION OF COMPETITIVE SOURCING ACTIVI-
TIES.—(1) In each budget submitted by the President to Congress
under section 1105 of title 31, United States Code, for a fiscal
year, beginning with fiscal year 2005, amounts requested to perform
competitive sourcing studies for programs, projects, and activities
listed in paragraph (2) shall be set forth separately from other
amounts requested.
(2) Paragraph (1) applies to programs, projects, and activities—
(A) of the Department of the Interior for which funds
are appropriated by this Act;
(B) of the Forest Service; and
(C) of the Department of Energy for which funds are appro-
priated by this Act.
(b) ANNUAL
REPORTING
REQUIREMENTS
ON
COMPETITIVE
SOURCING ACTIVITIES.—(1) Not later than December 31 of each
year, beginning with December 31, 2003, the Secretary concerned
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report, covering the preceding
fiscal year, on the competitive sourcing studies conducted by the
Department of the Interior, the Forest Service, or the Department
of Energy, as appropriate, and the costs and cost savings to the
citizens of the United States of such studies.
(2) In this subsection, the term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior, with respect to the Depart-
ment of the Interior programs, projects, and activities for which
funds are appropriated by this Act;
(B) the Secretary of Agriculture, with respect to the Forest
Service; and
(C) the Secretary of Energy, with respect to the Department
of Energy programs, projects, and activities for which funds
are appropriated by this Act.
(3) The report under this subsection shall include, for the
fiscal year covered—
(A) the total number of competitions completed;
(B) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(C) the total number of full-time equivalent Federal
employees studied under completed competitions;
(D) the total number of full-time equivalent Federal
employees being studied under competitions announced, but
not completed;
(E) the incremental cost directly attributable to conducting
the competitions identified under subparagraphs (A) and (B),
including costs attributable to paying outside consultants and
contractors;
(F) an estimate of the total anticipated savings, or a quan-
tifiable description of improvements in service or performance,
derived from completed competitions;
(G) actual savings, or a quantifiable description of improve-
ments in service or performance, derived from the implementa-
tion of competitions;
(H) the total projected number of full-time equivalent Fed-
eral employees covered by competitions scheduled to be
announced in the fiscal year; and
(I) a description of how the competitive sourcing decision
making processes are aligned with strategic workforce plans.
H. R. 2691—76
(c) DECLARATION
OF COMPETITIVE SOURCING STUDIES.—For
fiscal year 2004, each of the Secretaries of executive departments
referred to in subsection (b)(2) shall submit a detailed competitive
sourcing proposal to the Committees on Appropriations of the
Senate and the House of Representatives not later than 60 days
after the date of the enactment of this Act. The proposal shall
include, for each competitive sourcing study proposed to be carried
out by or for the Secretary concerned, the number of positions
to be studied, the amount of funds needed for the study, and
the program, project, and activity from which the funds will be
expended.
(d) 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 for fiscal year 2004,
not more than the maximum amount specified in paragraph (2)(A)
may be used by the Secretary of Energy or the Secretary of the
Interior to initiate or continue competitive sourcing studies in fiscal
year 2004 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 fiscal
year 2004 reprogramming guidelines.
(2) For the purposes of paragraph (1)—
(A) the maximum amount—
(i) with respect to the Department of Energy is
$500,000; and
(ii) with respect to the Department of the Interior
is $2,500,000; and
(B) the fiscal year 2004 reprogramming guidelines referred
to in such paragraph are the reprogramming guidelines set
forth in the joint explanatory statement accompanying the Act
(H.R. 2691, 108th Congress, 1st session), making appropriations
for the Department of the Interior and related agencies for
the fiscal year ending September 30, 2004, and for other pur-
poses.
(3) Of the funds appropriated by this Act, not more than
$5,000,000 may be used in fiscal year 2004 for competitive sourcing
studies and related activities by the Forest Service.
(e) LIMITATION
ON CONVERSION
TO CONTRACTOR PERFORM-
ANCE.—(1) None of the funds made available in this or any other
Act may be used to convert to contractor performance an activity
or function of the Forest Service, an activity or function of the
Department of the Interior performed under programs, projects,
and activities for which funds are appropriated by this Act, or
an activity or function of the Department of Energy performed
under programs, projects, and activities for which funds are appro-
priated by this Act, if such activity or function is performed on
or after the date of the enactment of this Act by more than 10
Federal employees unless—
(A) the conversion is based on the result of a public-private
competition that includes a more efficient and cost effective
organization plan developed by such activity or function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
H. R. 2691—77
to the Federal Government by an amount that equals or exceeds
the lesser of—
(i) 10 percent of the more efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a commercial or industrial
type function that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function under the
authority provided by this subsection shall be credited toward any
competitive or outsourcing goal, target, or measurement that may
be established by statute, regulation, or policy.
(f) COMPETITIVE SOURCING STUDY DEFINED.—In this subsection,
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.
SEC. 341. Section 4(e)(3)(A)(vi) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007)
is amended by striking ‘‘under this Act’’ and inserting ‘‘under this
Act, including costs incurred under paragraph (2)(A)’’.
SEC. 342. LAKE
TAHOE
RESTORATION
PROJECTS. Section
4(e)(3)(A) of the Southern Nevada Public Land Management Act
of 1998 (112 Stat. 2346; 116 Stat. 2007) is further amended—
(1) in clause (v), by striking ‘‘and’’ at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
‘‘(vi) transfer to the Secretary of Agriculture, or,
if the Secretary of Agriculture enters into a cooperative
agreement with the head of another Federal agency,
the head of the Federal agency, for Federal environ-
mental restoration projects under sections 6 and 7
of the Lake Tahoe Restoration Act (114 Stat. 2354),
environmental improvement payments under section
2(g) of Public Law 96–586 (94 Stat. 3382), and any
Federal environmental restoration project included in
the environmental improvement program adopted by
the Tahoe Regional Planning Agency in February 1998
(as amended), in an amount equal to the cumulative
amounts authorized to be appropriated for such
projects under those Acts, in accordance with a revision
to the Southern Nevada Public Land Management Act