H. R. 2691—78
of 1998 Implementation Agreement to implement this
section, which shall include a mechanism to ensure
appropriate stakeholders from the States of California
and Nevada participate in the process to recommend
projects for funding; and’’.
SEC. 343. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative
functions or headquarters, regional or central office operations shall
be presented in annual budget justifications. Changes to such esti-
mates shall be presented to the Committees on Appropriations
for approval.
SEC. 344. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.646 percent of—
(1) the budget authority provided for fiscal year 2004 for
any discretionary account in this Act; and
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2004 for any discretionary account in the
Department of the Interior and Related Agencies Appropria-
tions Act, 2003.
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
TITLE IV—THE FLATHEAD AND KOOTENAI NATIONAL
FOREST REHABILITATION ACT
SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Flathead
and Kootenai National Forest Rehabilitation Act of 2003’’.
SEC. 402. FINDINGS
AND PURPOSE. (a) FINDINGS.—Congress
finds that—
(1) the Robert Fire and Wedge Fire of 2003 caused exten-
sive resource damage in the Flathead National Forest;
(2) the fires of 2000 caused extensive resource damage
on the Kootenai National Forest and implementation of
rehabilitation and recovery projects developed by the agency
for the Forest is critical;
(3) the environmental planning and analysis to restore
areas affected by the Robert Fire and Wedge Fire will be
completed through a collaborative community process;
(4) the rehabilitation of burned areas needs to be completed
in a timely manner in order to reduce the long-term environ-
mental impacts; and
(5) wildlife and watershed resource values will be main-
tained in areas affected by the Robert Fire and Wedge Fire
while exempting the rehabilitation effort from certain applica-
tions of the National Environmental Policy Act (NEPA) and
the Clean Water Act (CWA).
H. R. 2691—79
(b) The purpose of this title is to accomplish in a collaborative
environment, the planning and rehabilitation of the Robert Fire
and Wedge Fire and to ensure timely implementation of recovery
and rehabilitation projects on the Kootenai National Forest.
SEC. 403. REHABILITATION PROJECTS. (a) IN GENERAL.—The
Secretary of Agriculture (in this title referred to as the ‘‘Secretary’’)
may conduct projects that the Secretary determines are necessary
to rehabilitate and restore, and may conduct salvage harvests on,
National Forest System lands in the North Fork drainage on the
Flathead National Forest, as generally depicted on a map entitled
‘‘North Fork Drainage’’ which shall be on file and available for
public inspection in the Office of Chief, Forest Service, Washington,
D.C.
(b) PROCEDURE.—
(1) IN GENERAL.—Except as otherwise provided by this
title, the Secretary shall conduct projects under this title in
accordance with—
(A) the National Environmental Policy Act (42 U.S.C.
4321 et seq.); and
(B) other applicable laws.
(2) ENVIRONMENTAL ASSESSMENT OR IMPACT STATEMENT.—
If an environmental assessment or an environmental impact
statement (pursuant to section 102(2) of the National Environ-
mental Policy Act (42 U.S.C. 4332(2)) is required for a project
under this title, the Secretary shall not be required to study,
develop, or describe any alternative to the proposed agency
action in the environmental assessment or the environmental
impact statement.
(3) PUBLIC
COLLABORATION.—To encourage meaningful
participation during preparation of a project under this title,
the Secretary shall facilitate collaboration among the State
of Montana, local governments, and Indian tribes, and partici-
pation of interested persons, during the preparation of each
project in a manner consistent with the Implementation Plan
for the 10-year Comprehensive Strategy of a Collaborative
Approach for Reducing Wildland Fire Risks to Communities
and the Environment, dated May 2002, which was developed
pursuant to the conference report for the Department of the
Interior and Related Agencies Appropriations Act, 2001 (House
Report 106–646).
(4) COMPLIANCE WITH CLEAN WATER ACT.—Consistent with
the Clean Water Act (33 U.S.C. 1251 et seq.) and Montana
Code 75–5–703(10)(b), the Secretary is not prohibited from
implementing projects under this title due to the lack of a
Total Maximum Daily Load as provided for under section 303(d)
of the Clean Water Act (33 U.S.C. 1313(d)), except that the
Secretary shall comply with any best management practices
required by the State of Montana.
(5) ENDANGERED
SPECIES
ACT
CONSULTATION.—If a con-
sultation is required under section 7 of the Endangered Species
Act (16 U.S.C. 1536) for a project under this title, the Secretary
of the Interior shall expedite and give precedence to such con-
sultation over any similar requests for consultation by the
Secretary.
(6) ADMINISTRATIVE APPEALS.—Section 322 of the Depart-
ment of the Interior and Related Agencies Appropriations Act,
1993 (Public Law 102–381; 16 U.S.C. 1612 note) and section
H. R. 2691—80
215 of title 36, Code of Federal Regulations shall apply to
projects under this title.
SEC. 404. CONTRACTING AND COOPERATIVE AGREEMENTS. (a)
IN GENERAL.—Notwithstanding chapter 63 of title 31, United States
Code, the Secretary may enter into contract or cooperative agree-
ments to carry out a project under this title.
(b) EXEMPTION.—Notwithstanding any other provisions of law,
the Secretary may limit competition for a contract or a cooperative
agreement under subsection (a).
SEC. 405. MONITORING REQUIREMENTS. (a) IN GENERAL.—The
Secretary shall establish a multiparty monitoring group consisting
of a representative number of interested parties, as determined
by the Secretary, to monitor the performance and effectiveness
of projects conducted under this title.
(b) REPORTING REQUIREMENTS.—The multiparty monitoring
group shall prepare annually a report to the Secretary on the
progress of the projects conducted under this title in rehabilitating
and restoring the North Fork drainage. The Secretary shall submit
the report to the Senate Subcommittee on Interior Appropriations
of the Senate Committee on Appropriations.
SEC. 406. SUNSET. The authority for the Secretary to issue
a decision to carry out a project under this title shall expire 5
years from the date of enactment.
SEC. 407. IMPLEMENTATION OF RECORDS OF DECISION. The Sec-
retary of Agriculture shall publish new information regarding forest
wide estimates of old growth from volume 103 of the administrative
record in the case captioned Ecology Center v. Castaneda, CV–
02–200–M–DWM (D. Mont.) for public comment for a 30-day period.
The Secretary shall review any comments received during the com-
ment period and decide whether to modify the Records of Decision
(hereinafter referred to as the ‘‘ROD’s’’) for the Pinkham, White
Pine, Kelsey-Beaver, Gold/Boulder/Sullivan, and Pink Stone projects
on the Kootenai National Forest. The ROD’s, whether modified
or not, shall not be deemed arbitrary and capricious under the
NFMA, NEPA or other applicable law as long as each project
area retains 10 percent designated old growth below 5,500 feet
elevation in third order watersheds in which the project is located
as specified in the forest plan.
H. R. 2691—81
This Act may be cited as the ‘‘Department of the Interior
and Related Agencies Appropriations Act, 2004’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.