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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’’.
Passed the House of Representatives July 17, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate September 23, 2003. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.