(D) SCOPE AND CONTENT.—The scope and
content of the documentation and information
prepared, considered, and relied on under this
paragraph is at the sole discretion of the Sec-
retary concerned.
(4) VOLUME.—In each of fiscal years 1995 and
1996—
(A) the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall—
(i) prepare, offer, and award salvage
timber sale contracts under paragraph (1)
on Forest Service lands to the maximum
extent feasible to reduce the backlogged
volume of salvage timber as described in
paragraph (i); and
(B) the Secretary of the Interior, acting
through the Director of the Bureau of Land
Management, shall—
(i) prepare, offer, and award salvage
timber sale contracts under paragraph (1)
on Bureau of Land Management lands to
the maximum extent feasible to reduce the
backlogged volume of salvage timber as de-
scribed in paragraph (i).
(5) EFFECT ON OTHER LAWS.—Any timber sale
prepared, advertised, offered, awarded, or operated
in accordance with paragraph (1) shall be deemed to
satisfy the requirements of all applicable Federal
laws (including regulations), including—
(A) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.);
(B) the Federal Land Policy Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(C) the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.);
(D) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(E) the National Forest Management Act
(16 U.S.C. 472a et seq.);
(F) the Multiple-Use Sustained Yield Act
(16 U.S.C. 528 et seq.); and
(G) other Federal environmental laws.
(6) SALE PREPARATION.—The Secretary con-
cerned shall make use of all available authority, in-
cluding the employment of private contractors and
the use of expedited fire contracting procedures, to
prepare and advertise salvage timber sales under
this subsection. The provisions of section 3(d)(1) of
the Federal Workforce Restructuring Act of 1994
(Public Law 103–226) shall not apply to any former
employee of the Department of the Secretary con-
cerned who received a voluntary separation incentive
payment authorized by such Act and accepts employ-
ment pursuant to this paragraph. The Director of
the Office of Personnel Management, and the Sec-
retary of the relevant Department, shall provide a
summary report to the governmental affairs commit-
tees of the House and Senate regarding the number
of incentive payment recipients who were rehired,
their terms of reemployment, their job classifica-
tions, and an explanation, in the judgment of the
agencies, of how such reemployment without repay-
ment of the incentive payments received is consistent
with the original waiver provision of Public Law
103–226.
This report shall not be conducted in a manner that
would delay the rehiring of any former employees under
this Act, or effect the normal confidentiality of Federal
employees.
(7) REPORTING
REQUIREMENTS.—Each Sec-
retary shall report to the Committee on Appropria-
tions and the Committee on Resources of the House
of Representatives, and the Committee on Appro-
priations and the Committee on Energy and Natural
Resources of the United States Senate, 90 days
after the date of enactment of this Act and on the
final day of each 90 day period thereafter through-
out each of fiscal years 1995 and 1996, on the num-
ber of sales and volumes contained therein offered
during such 90 day period and expected to be of-
fered during the next 90 day period.
(b) OPTION 9.—
(1) 
DIRECTION
TO
COMPLETE
TIMBER
SALES.—Notwithstanding any other law (including a
law under the authority of which any judicial order
may be outstanding on or after the date of enact-
ment of this Act), the Secretary of the Interior, act-
ing through the Director of the Bureau of Land
Management, and the Secretary of Agriculture, act-
ing through the Chief of the Forest Service, shall ex-
peditiously prepare, offer, and award timber sale
contracts on Federal lands in the forests specified
within Option 9, as selected by the Secretary of the
Interior and the Secretary of Agriculture on April
13, 1994.
(2) EFFECT ON OTHER LAWS.—Any timber sale
prepared, advertised, offered, awarded, or operated
in accordance with paragraph (1) shall be deemed to
satisfy the requirements of all applicable Federal
laws (including regulations), including—
(A) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.);
(B) the Federal Land Policy Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(C) the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.);
(D) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(E) the National Forest Management Act
(16 U.S.C. 472a et seq.);
(F) the Multiple-Use Sustained Yield Act
(16 U.S.C. 528 et seq.); and
(G) other Federal environmental laws.
(c) JUDICIAL AND ADMINISTRATIVE REVIEW.—
(1) JUDICIAL AUTHORITY.—
(A) RESTRAINING ORDERS AND PRELIMI-
NARY INJUNCTIONS.—No restraining order or
preliminary injunction shall be issued by any
court of the United States with respect to a de-
cision to prepare, advertise, offer, award, or op-
erate any timber sale offered under subsection
(a) or (b).
(B) 
PERMANENT
INJUNCTIONS.—The
courts of the United States shall have authority
to enjoin permanently, order modification of, or
void an individual sale under subsection (a) or
(b) if, at a trial on the merits, it has been de-
termined that the decision to prepare, advertise,
offer, award, or operate the sale was arbitrary,
capricious, or otherwise not in accordance with
law.
(2) TIME AND VENUE FOR CHALLENGE.—
(A) IN GENERAL.—Any challenge to a tim-
ber sale under subsection (a) or (b) shall be
brought as a civil action in the United States
district court for the district in which the af-
fected Federal lands are located within 15 days
after the date of the initial advertisement of the
challenged timber sale.
(B) NO WAIVER.—The Secretary of the In-
terior and the Secretary of Agriculture may not
agree to, and a court may not grant, a waiver
the requirements of subparagraph (A).
(3) STAY OF ADMINISTRATIVE ACTION.—Dur-
ing the 45-day period after the date of filing of a
civil action under paragraph (2), the affected agency
shall take no action to award a challenged timber
sale.
(4) TIME FOR DECISION.—A civil action filed
under this section shall be assigned for hearing at
the earliest possible date, and the court shall render
its final decision relative to any challenge within 45
days after the date on the action is brought, unless
the court determines that a longer period of time is
required to satisfy the requirements of the United
States Constitution.
(5) EXPEDITING RULES.—The court may estab-
lish rules governing the procedures for a civil action
under paragraph (2) that set page limits on briefs
and time limits on filing briefs, motions, and other
papers that are shorter than the limits specified in
the Federal Rules of Civil Procedure or Federal
Rules of Appellate Procedure.
(6) SPECIAL MASTERS.—In order to reach a de-
cision within 45 days, the court may assign all or
part of any proceeding under this subsection to 1 or
more special masters for prompt review and rec-
ommendations to the court.
(7) NO
ADMINISTRATIVE
REVIEW.—A timber
sale conducted under subsection (a) or (b), and any
decision of the Secretary of Agriculture or the Sec-
retary of the Interior in connection with the sale,
shall not be subject to administrative review.
(d) EXPIRATION DATE.—Subsections (a) and (b)
shall expire effective as of September 30, 1996, but the
terms and conditions of those subsections shall continue
in effect with respect to timber sale contracts offered
under this Act until the completion of performance of the
contracts.
(e) AWARD AND RELEASE OF PREVIOUSLY OFFERED
AND UNAWARDED TIMBER SALE CONTRACTS.—
(1) AWARD
AND
RELEASE
REQUIRED.—Not-
withstanding any other law, within 30 days after the
date of the enactment of this Act, the Secretary con-
cerned shall act to award, release, and permit to be
completed in fiscal years 1995 and 1996, with no
change in originally advertised terms and volumes,
all timber sale contracts offered or awarded before
that date in any unit of the National Forest System
or district of the Bureau of Land Management sub-
ject to section 318 of Public Law 101–121 (103
Stat. 745).
(2) THREATENED OR ENDANGERED SPECIES.—
No sale unit shall be released or completed under
this subsection if any threatened or endangered spe-
cies is known to be nesting within the acreage that
is the subject of the sale unit.
(3) ALTERNATIVE OFFER IN CASE OF DELAY.—
If for any reason a sale cannot be released and com-
pleted under the terms of this subsection within 45
days after the date of enactment of this Act, the
Secretary of Agriculture or the Secretary of the In-
terior, as the case may be, shall provide the pur-
chaser an equal volume of timber, of like kind and
value, which shall be subject to the terms of the
original contract, and shall not count against cur-
rent allowable sale quantities.
(f) EFFECT
ON PLANS, POLICIES, AND ACTIVI-
TIES.—Compliance with this section shall not require or
permit 
any 
revisions, 
amendment, 
consultation,
supplementation, or other administrative action in or for
any land management plan, standard, guideline, policy, re-
gional guide or multi-forest plan because of implementa-
tion or impacts, site-specific or cumulative, of activities
authorized or required by this section. No project decision
shall be required to be halted or changed by such docu-
ments or guidance, implementation, or impacts.
SEC. 2002. Section 633 of the Treasury, Postal Serv-
ice and General Government Appropriations Act, 1995
(Public Law 103–329; 108 Stat. 2428) is amended by
adding at the end of the section the following new sub-
section:
‘‘(g) Notwithstanding the provisions of subsection
(e)(1), any Office of Inspector General that employed less
than four criminal investigators on the date of the enact-
ment of this Act, and whose criminal investigators were
not receiving administratively uncontrollable overtime be-
fore such date of enactment, may provide availability pay
to those criminal investigators at any time after Septem-
ber 30, 1995.’’.
SEC. 2003. Section 5542 of title 5, United States
Code, is amended by striking subsection (d).
SEC. 2004. Section 5545a(c) of title 5, United States
Code, is amended by adding after the last sentence, ‘‘An
agency may direct a criminal investigator to work un-
scheduled duty hours on days when regularly scheduled
overtime is provided under section 5542, and that duty
may be related to the duties for which the investigator
was scheduled or other duties based on the needs of the
agency.
SEC. 2005. Notwithstanding any other provision of
law, beginning 30 days from the date of enactment of this
Act and continuing thereafter, United States Customs
Service Pilots compensated for administratively uncontrol-
lable overtime under the provisions of section 5545(c) of
title 5, United States Code, shall be provided availability
pay authorized under the provisions of section 5545(a) of
title 5, United States Code, and all other provisions of
such title shall apply to such Customs Service pilots.
SEC. 2006. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by
the Environmental Protection Agency to require any State
to comply with the requirement of section 182 of the Clean
Air Act by adopting or implementing a test-only or IM240
enhanced vehicle inspection and maintenance program, ex-
cept that EPA may approve such a program if a State
chooses to submit one to meet that requirement.
SEC. 2007. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by
the Environmental Protection Agency to impose or enforce
any requirement that a State implement trip reduction
measures to reduce vehicular emissions.
SEC. 2008. None of the funds made available in any
appropriations Act for fiscal year 1995 may be used by
the Environmental Protection Agency for listing or to list
any additional facilities on the National Priorities List es-
tablished by section 105 of the Comprehensive Environ-
mental Response Compensation and Liability Act
(CERCLA), 42 U.S.C. 9605, unless the Administrator re-
ceives a written request to propose for listing or to list
a facility from the governor of the State in which the facil-
ity is located, or unless legislation to reauthorize CERCLA
is enacted.
SEC. 2009. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 2010. (a) SENSE OF THE SENATE REGARDING
TAX AVOIDANCE.—It is the sense of the Senate that Con-
gress should act as quickly as possible to amend the Inter-
nal Revenue Code of 1986, to eliminate the ability of per-
sons to avoid taxes by relinquishing their United States
citizenship.
(b) EFFECTIVE DATE.—It is the sense of the Senate
that the amendment referred to in subsection (a) should
take effect as if enacted on February 6, 1995.
SEC. 2011. (a) As provided in subsection (b), an envi-
ronmental impact statement prepared pursuant to the Na-
tional Environmental Policy Act or a subsistence evalua-
tion prepared pursuant to the Alaska National Interest
Lands Conservation Act for a timber sale or offering to
one party shall be deemed sufficient if the Forest Service
sells the timber to an alternate buyer.
(b) The provision of this section shall apply to the
timber specified in the Final Supplement to 1981–86 and
1986–90 Operating Period EIS (‘‘1989 SEIS’’), Novem-
100
ber 1989; in the North and East Kuiu Final Environ-
mental Impact Statement, January 1993; in the Southeast
Chichagof Project Area Final Environmental Impact
Statement, September 1992; and in the Kelp Bay Envi-
ronmental Impact Statement, February 1992, and supple-
mental evaluations related thereto.
(RESCISSION)
SEC. 2012. Of the funds available to the agencies of
the Federal Government, $437,000,000 are hereby re-
scinded: Provided, That rescissions pursuant to this para-
graph shall be taken only from administrative and travel
accounts: Provided further, That rescissions shall be taken
on a pro rata basis from funds available to every Federal
agency, department, and office, including the Office of the
President, including Congress.
SEC. 2013. (a) SCHEDULE
FOR NEPA COMPLI-
ANCE.—Each National Forest System unit shall establish
and adhere to a schedule for the completion of National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) analysis and decisions on all allotments within the
National Forest System unit for which NEPA analysis is
needed. The schedule shall provide that not more than 20
percent of the allotments shall undergo NEPA analysis
and decisions through fiscal year 1996.
(b) REISSUANCE PENDING NEPA COMPLIANCE.—
Notwithstanding any other law, term grazing permits
101
which expire or are waived before the NEPA analysis and
decision pursuant to the schedule developed by individual
Forest Service System units, shall be issued on the same
terms and conditions and for the full term of the expired
or waived permit. Upon completion of the scheduled
NEPA analysis and decision for the allotment, the terms
and conditions of existing grazing permits may be modi-
fied or re-issued, if necessary to conform to such NEPA
analysis.
(c) EXPIRED PERMITS.—This section shall only apply
to permits which were not extended or replaced with a new
term grazing permit solely because the analysis required
by NEPA and other applicable laws has not been com-
pleted and also shall include permits that expired in 1994
and 1995 before the date of enactment of this Act.
SEC. 2014. Notwithstanding any other provision of
this Act, administrative expenses and travel shall further
be reduced by $5,500,000.
SEC. 2015. This Act may be cited as the ‘‘Second
Supplemental Appropriations and Rescissions Act, 1995’’.
TITLE III—DEFICIT REDUCTION
DOWNWARD ADJUSTMENTS IN DISCRETIONARY SPENDING
LIMITS
SEC. 3001. Upon the enactment of this Act, the Di-
rector of the Office of Management and Budget shall
102
make downward adjustments in the discretionary spending
limits (new budget authority and outlays) specified in sec-
tion 601(a)(2) of the Congressional Budget Act of 1974
for each of the fiscal years 1995 through 1998 by the ag-
gregate amount of estimated reductions in new budget au-
thority and outlays for discretionary programs resulting
from the provisions of this Act (other than emergency ap-
propriations) for such fiscal year, as calculated by the Di-
rector.
PROHIBITION ON USE OF SAVINGS TO OFFSET DEFICIT
INCREASES RESULTING FROM DIRECT SPENDING OR
RECEIPTS LEGISLATION
SEC. 3002. Reductions in outlays, and reductions in
the discretionary spending limits specified in section
601(a)(2) of the Congressional Budget Act of 1974, re-
sulting from the enactment of this Act shall not be taken
into account for purposes of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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