H. R. 4818—264
‘‘(ii) it was extirpated after 1918 throughout its
range in the United States and its territories; and
‘‘(iii) after such extirpation, it was reintroduced
in the United States or its territories as a part of
a program carried out by a Federal agency.’’.
(c) PUBLICATION OF LIST.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this section, the Secretary of the Interior shall
publish in the Federal Register a list of all nonnative, human-
introduced bird species to which the Migratory Bird Treaty
Act (16 U.S.C. 703 et seq.) does not apply. As necessary, the
Secretary may update and publish the list of species exempted
from protection of the Migratory Bird Treaty Act.
(2) PUBLIC
COMMENT.—Before publishing the list under
paragraph (1), the Secretary shall provide adequate time for
public comment.
(3) EFFECT OF SECTION.—Nothing in this subsection shall
delay implementation of other provisions of this section or
amendments made by this section that exclude nonnative,
human-introduced bird species from the application of the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(d) RELATIONSHIP TO TREATIES.—It is the sense of Congress
that the language of this section is consistent with the intent
and language of the 4 bilateral treaties implemented by this section.
SEC. 144. (a) SHORT TITLE.—This section may be cited as the
‘‘Foundation for Nevada’s Veterans Land Transfer Act of 2004’’.
(b) TRANSFER OF ADMINISTRATIVE JURISDICTION, BUREAU OF
LAND MANAGEMENT LAND, CLARK COUNTY, NEVADA.—
(1) IN GENERAL.—Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary
of the Interior to the Secretary of Veterans Affairs.
(2) DESCRIPTION
OF
LAND.—The parcel of land referred
to in paragraph (1) is the approximately 150 acres of Bureau
of Land Management land in Clark County, Nevada, as gen-
erally depicted on the map entitled ‘‘Veterans Administration
Conveyance’’ and dated September 24, 2004.
(3) USE OF LAND.—The parcel of land described in para-
graph (2) shall be used by the Secretary of Veterans Affairs
for the construction and operation of medical and related facili-
ties, as determined to be appropriate by the Secretary of Vet-
erans Affairs.
SEC. 
145. 
CUMBERLAND
ISLAND
WILDERNESS
BOUNDARY
ADJUSTMENT. (a) IN GENERAL.—Public Law 97–250 (96 Stat. 709)
is amended by striking section 2 and inserting the following:
‘‘SEC. 2. CUMBERLAND ISLAND WILDERNESS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MAP.—The term ‘map’ means the map entitled ‘Cum-
berland Island Wilderness’, numbered 640/20,038I, and dated
September 2004.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(3) WILDERNESS.—The term ‘Wilderness’ means the Cum-
berland Island Wilderness established by subsection (b).
‘‘(4) POTENTIAL WILDERNESS.—The term ‘Potential Wilder-
ness’ means the 10,500 acres of potential wilderness described
in subsection (c)(2), but does not include the area at the north
H. R. 4818—265
end of Cumberland Island known as the ‘High Point Half-
Moon Bluff Historic District’.
‘‘(b) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Approximately 9,886 acres of land in
the Cumberland Island National Seashore depicted on the map
as ‘Wilderness’ is designated as a component of the National
Wilderness Preservation System and shall be known as the
‘Cumberland Island Wilderness’.
‘‘(2) EXCLUSIONS.—The 25-foot wide roadways depicted on
the map as the ‘Main Road’, ‘Plum Orchard’, and the ‘North
Cut Road’ shall not be included in the Wilderness and shall
be maintained by the Secretary for continued vehicle use.
‘‘(c) ADDITIONAL LAND.—In addition to the land designated
under subsection (b), the Secretary shall—
‘‘(1) on acquisition of the approximately 231 acres of land
identified on the map as ‘Areas Become Designated Wilderness
upon Acquisition by the NPS’; and
‘‘(2) on publication in the Federal Register of a notice
that all uses of the approximately 10,500 acres of land depicted
on the map as ‘Potential Wilderness’ that are prohibited under
the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust
the boundary of the Wilderness to include the land.
‘‘(d) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the National
Park Service.
‘‘(e) ADMINISTRATION.—Subject to valid existing rights, the
Wilderness shall be administered by the Secretary, in accordance
with the applicable provisions of the Wilderness Act (16 U.S.C.
1131 et seq.) governing areas designated by that Act as wilderness
areas, except that—
‘‘(1) any reference in such provisions to the effective date
of that Act shall be deemed to be a reference to the effective
date of this Act; and
‘‘(2) where appropriate, any reference in that Act to the
Secretary of Agriculture shall be deemed to be a reference
to the Secretary.
‘‘(f) EFFECT.—Any person with a right to utility service on
Cumberland Island on the date of enactment of this subsection
shall continue to have the right to utility service in the Wilderness
after the date of enactment of this subsection.
‘‘(g) MANAGEMENT PLAN FOR ACCESS TO MAIN ROAD AND NORTH
CUT ROAD.—Not later than 1 year after the date of the enactment
of the Cumberland Island Wilderness Boundary Adjustment Act
of 2004, the Secretary shall complete a management plan to ensure
that not more than 8 and not less than 5 round trips are made
available daily on the Main Road north of the Plum Orchard Spur
and the North Cut Road by the National Park Service or a conces-
sionaire for the purpose of transporting visitors to and from the
historic sites located adjacent to Wilderness.’’.
(b) TOURS OF CUMBERLAND ISLAND NATIONAL SEASHORE.—Sec-
tion 6 of Public Law 92–536 (86 Stat. 1066) is amended—
(1) in subsection (b), by inserting ‘‘, except as provided
in subsection (c),’’ before ‘‘no development of the project’’; and
(2) by adding at the end the following:
‘‘(c) TOURS OF THE SEASHORE.—Notwithstanding subsection (b),
the Secretary may enter into not more than 3 concession contracts,
H. R. 4818—266
as the Secretary determines appropriate, for the provision of tours
for visitors to the seashore that are consistent with—
‘‘(1) this Act;
‘‘(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and
‘‘(3) Public Law 97–250 (96 Stat. 709).’’.
(c) SHORT TITLE.—This section may be cited as the ‘‘Cumberland
Island Wilderness Boundary Adjustment Act of 2004’’.
SEC. 146. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in Part
VII of the Federal Register for November 10, 2004, 69 Fed. Reg.
65348 et seq., shall be in force and effect for the winter use season
of 2004–2005 that commences on or about December 15, 2004.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $280,278,000, to remain available until
expended: Provided, That of the funds provided, $56,714,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and 
conducting 
an 
international 
program 
as 
authorized,
$296,626,000, to remain available until expended, as authorized
by law of which $57,939,000 is to be derived from the Land and
Water Conservation Fund: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies the
House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share: Provided further, That
notwithstanding any other provision of law, of the funds provided
under this heading, $2,000,000 shall be made available to Kake
Tribal Corporation as an advance direct lump sum payment to
implement the Kake Tribal Corporation Land Transfer Act (Public
Law 106–283), and $1,500,000 shall be made available to Canton,
North Carolina, as an advance direct lump sum payment for wood
products wastewater treatment repairs.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,400,260,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land