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RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
For necessary expenses to repay advances from other
appropriations transferred in fiscal year 2003 for wildfire
suppression and emergency rehabilitation activities of the
Forest Service, $325,000,000 to remain available until ex-
pended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to sec-
tion 502 of House Concurrent Resolution 95, the concurrent
resolution on the budget for fiscal year 2004: Provided fur-
ther, That the entire amount shall be available only to the
extent that an official budget request for $325,000,000, that
includes designation of the entire amount of $325,000,000
as an emergency requirement as defined in House Concur-
rent Resolution 95, the concurrent resolution on the budget
for fiscal year 2004, is transmitted by the President to the
Congress.
TITLE V—THE FLATHEAD AND KOOTENAI
NATIONAL FOREST REHABILITATION ACT
SEC. 501. SHORT TITLE. This title may be cited as
the ‘‘Flathead and Kootenai National Forest Rehabilitation
Act of 2003’’.
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SEC. 502. FINDINGS AND PURPOSE. (a) FINDINGS.—
Congress finds that—
(1) the Robert Fire and Wedge Fire of 2003
caused extensive resource damage in the Flathead Na-
tional Forest;
(2) the fires of 2000 caused extensive resource
damage on the Kootenai National Forest and imple-
mentation of rehabilitation and recovery projects de-
veloped 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 com-
munity process;
(4) the rehabilitation of burned areas needs to be
completed in a timely manner in order to reduce the
long-term environmental impacts; and
(5) wildlife and watershed resource values will be
maintained in areas affected by the Robert Fire and
Wedge Fire while exempting the rehabilitation effort
from certain applications of the National Environ-
mental Policy Act (NEPA) and the Clean Water Act
(CWA).
(b) The purpose of this title is to accomplish in a col-
laborative environment, the planning and rehabilitation of
the Robert Fire and Wedge Fire and to ensure timely imple-
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mentation of recovery and rehabilitation projects on the
Kootenai National Forest.
SEC. 503. REHABILITATION PROJECTS. (a) IN GEN-
ERAL.—The Secretary of Agriculture (in this title referred
to as the ‘‘Secretary’’) may conduct projects that the Sec-
retary determines are necessary to rehabilitate and restore,
and may conduct salvage harvests on, National Forest Sys-
tem lands in the North Fork drainage on the Flathead Na-
tional 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 Environmental Policy Act (42
U.S.C. 4332(2)) is required for a project under this
title, the Secretary shall not be required to study, de-
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velop, 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 gov-
ernments, and Indian tribes, and participation of in-
terested persons, during the preparation of each
project in a manner consistent with the Implementa-
tion 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 con-
ference 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 Sec-
retary 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
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the Secretary shall comply with any best management
practices required by the State of Montana.
(5) ENDANGERED
SPECIES
ACT
CONSULTA-
TION.—If a consultation 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 consulta-
tion over any similar requests for consultation by the
Secretary.
(6) ADMINISTRATIVE APPEALS.—Section 322 of
the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102–381; 16
U.S.C. 1612 note) and section 215 of title 36, Code
of Federal Regulations shall apply to projects under
this title, except that—
(A) to be eligible to file an appeal, an indi-
vidual or organization shall submit specific and
substantive written comments during the com-
ment period; and
(B) a determination that an emergency sit-
uation exists pursuant to section 215.10 of title
36, Code of Federal Regulations, shall be made
where it is determined that implementation of
all or part of a decision for a project under this
title is necessary for relief from—
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(i) adverse affects on soil stability and
water quality resulting from vegetation loss;
or
(ii) loss of fish and wildlife habitat.
SEC. 504. CONTRACTING AND COOPERATIVE AGREE-
MENTS. (a) IN GENERAL.—Notwithstanding chapter 63 of
title 31, United States Code, the Secretary may enter into
contract or cooperative agreements to carry out a project
under this title.
(b) EXEMPTION.—Notwithstanding any other provi-
sions of law, the Secretary may limit competition for a con-
tract or a cooperative agreement under subsection (a).
SEC. 505. MONITORING REQUIREMENTS. (a) IN GEN-
ERAL.—The Secretary shall establish a multiparty moni-
toring group consisting of a representative number of inter-
ested 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 Sen-
ate Subcommittee on Interior Appropriations of the Senate
Committee on Appropriations.
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SEC. 506. 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. 507. IMPLEMENTATION OF RECORDS OF DECI-
SION. The Secretary of Agriculture shall publish new infor-
mation regarding forest wide estimates of old growth from
volume 103 of the administrative record in the case cap-
tioned 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
comment 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/Sul-
livan, 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 in the project area.
This Act may be cited as the ‘‘Department of the Inte-
rior and Related Agencies Appropriations Act, 2004’’.
Attest:
Secretary.