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contract. All additional western red cedar volume not sold
to Alaska or contiguous 48 United States domestic proc-
essors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber
sale holder.
SEC. 328. For fiscal year 2000, the Secretary of Agri-
culture, with respect to lands within the National Forest
System, and the Secretary of the Interior, with respect to
lands under the jurisdiction of the Bureau of Land Manage-
ment, shall use the best available scientific and commercial
data in amending or revising resource management plans
for, and offering sales, issuing leases, or otherwise author-
izing or undertaking management activities on, lands
under their respective jurisdictions: Provided, That the Sec-
retaries may at their discretion determine whether any ad-
ditional information concerning wildlife resources shall be
collected prior to approving any such plan, sale, lease or
other activity, and, if so, the type of, and collection proce-
dures for, such information.
SEC. 329. The Secretary of Agriculture and the Sec-
retary of the Interior shall:
(a) prepare the report required of them by sec-
tion 323(a) of the Fiscal Year 1998 Interior and Re-
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lated Agencies Appropriations Act (Public Law 105–
83; 111 Stat. 1543, 1596–7);
(b) make the report available for public comment
for a period of not less than 120 days; and
(c) include the information contained in the re-
port and a detailed response or responses to any such
public comment in any final environmental impact
statement associated with the Interior Columbia
Basin Ecosystem Project.
SEC. 330. Section 7 of the Service Contract Act (SCA),
41 U.S.C. section 356 is amended by adding the following
paragraph:
‘‘(8) any concession contract with Federal land
management agencies, the principal purpose of which
is the provision of recreational services to the general
public, including lodging, campgrounds, food, stores,
guiding, recreational equipment, fuel, transportation,
and skiing, provided that this exemption shall not af-
fect the applicability of the Davis-Bacon Act, 40
U.S.C. section 276a et seq., to construction contracts
associated with these concession contracts.’’.
SEC. 331. TIMBER AND SPECIAL FOREST PRODUCTS.
(a) DEFINITION OF SPECIAL FOREST PRODUCT.—For pur-
poses of this section, the term ‘‘special forest product’’
means any vegetation or other life forms, such as mush-
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rooms and fungi that grows on National Forest System
lands, excluding trees, animals, insects, or fish except as
provided in regulations issued under this section by the Sec-
retary of Agriculture.
(b) FAIR MARKET VALUE FOR SPECIAL FOREST PROD-
UCTS.—The Secretary of Agriculture shall develop and im-
plement a pilot program to charge and collect not less than
the fair market value for special forest products harvested
on National Forest System lands. The authority for this
pilot program shall be for fiscal years 2000 through 2004.
The Secretary of Agriculture shall establish appraisal meth-
ods and bidding procedures to ensure that the amounts col-
lected for special forest products are not less than fair mar-
ket value.
(c) FEES.—
(1) IN GENERAL.—The Secretary of Agriculture
shall charge and collect from persons who harvest spe-
cial forest products all costs to the Department of Ag-
riculture associated with the granting, modifying, or
monitoring the authorization for harvest of the special
forest products, including the costs of any environ-
mental or other analysis.
(2) SECURITY.—The Secretary of Agriculture
may require a person that is assessed a fee under this
subsection to provide security to ensure that the Sec-
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retary of Agriculture receives fees authorized under
this subsection from such person.
(d) WAIVER.—The Secretary of Agriculture may waive
the application of subsection (b) or subsection (c) pursuant
to such regulations as the Secretary of Agriculture may pre-
scribe.
(e) COLLECTION AND USE OF FUNDS.—
(1) Funds collected in accordance with subsection
(b) and subsection (c) shall be deposited into a special
account in the Treasury of the United States.
(2) Funds deposited into the special account in
the Treasury in accordance with this section in excess
of the amounts collected for special forest products
during fiscal year 1999 shall be available for expendi-
ture by the Secretary of Agriculture on October 1,
2000 without further appropriation, and shall remain
available until expended to pay for—
(A) in the case of funds collected pursuant
to subsection (b), the costs of conducting inven-
tories of special forest products, monitoring and
assessing the impacts of harvest levels and meth-
ods, and for restoration activities, including any
necessary vegetation; and
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(B) in the case of fees collected pursuant to
subsection (c), the costs for which the fees were
collected.
(3) Amounts collected in accordance with sub-
section (b) and subsection (c) shall not be taken into
account for the purposes of the sixth paragraph under
the heading of ‘‘Forest Service’’ of the Act of May 23,
1908 (16 U.S.C. § 500); section 13 of the Act of
March 1, 1911 (16 U.S.C. § 500); the Act of March
4, 1913 (16 U.S.C. § 501); the Act of July 22, 1937
(7 U.S.C. § 1012); the Acts of August 8, 1937 and of
May 24, 1939 (43 U.S.C. §§ 1181 et. seq.); the Act
of June 14, 1926 (43 U.S.C. § 869–4); chapter 69 of
title 31 United States Code; section 401 of the Act of
June 15, 1935 (16 U.S.C. § 715s); the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. §
460l–6a); and any other provision of law relating to
revenue allocation.
SEC. 332. Title III, section 3001 of Public Law 106–
31 is amended by inserting after the word ‘‘Alabama,’’ the
following phrase ‘‘in fiscal year 1999 or 2000’’.
SEC. 333. The authority to enter into stewardship and
end result contracts provided to the Forest Service in ac-
cordance with Section 347 of Title III of Section 101(e)
of Division A of Public Law 105–825 is hereby expanded
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to authorize the Forest Service to enter into an additional
9 contracts in Region One.
SEC. 334. LOCAL EXEMPTIONS FROM FOREST SERV-
ICE DEMONSTRATION PROGRAM FEES. Section 6906 of Title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL
EXEMPTIONS
FROM
DEMONSTRATION
PROGRAM FEES.—
‘‘(1) IN GENERAL.—Each unit of general local
government that lies in whole or in part within the
White Mountain National Forest and persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a Demonstration Pro-
gram Fee (parking permit or passport) imposed by
the Secretary of Agriculture for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from paying user fees under para-
graph (1). This method may include valid form of
identification including a drivers license.’’.
SEC. 335. MILLSITES OPINION. PROHIBITION
ON
MILLSITE
LIMITATIONS.—Notwithstanding the opinion
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dated November 7, 1997, by the Solicitor of the Department
of the Interior concerning millsites under the general min-
ing law (referred to in this section as the ‘‘opinion’’), in
accordance with the millsite provisions of the Bureau of
Land Management’s Manual Sec. 3864.1.B (dated 1991),
the Bureau of Land Management Handbook for Mineral
Examiners H–3890–1, page III–8 (dated 1989), and section
2811.33 of the Forest Service Manual (dated 1990), the De-
partment of the Interior and the Department of Agriculture
shall not limit the number or acreage of millsites based on
the ratio between the number or acreage of millsites and
the number or acreage of associated lode or placer claims
for any fiscal year.
SEC. 336. Notwithstanding section 343 of Public Law
105–83, increases in recreation residence fees may be imple-
mented in fiscal year 2000: Provided, That such an increase
would not result in a fee that exceeds 125 percent of the
fiscal year 1998 fee.
SEC. 337. No federal monies appropriated for the pur-
chase of land by the Forest Service in the Columbia River
Gorge National Scenic Area (‘‘CRGNSA’’) may be used un-
less the Forest Service complies with the acquisition pro-
tocol set out in this section:
(a) PURCHASE OPTION REQUIREMENT.—Upon
the Forest Service making a determination that the
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agency intends to pursue purchase of land or an in-
terest in land located within the boundaries of the
CRGNSA, the Forest Service and the owner of the
land or interest in land to be purchased shall enter
into a written purchase option agreement in which
the landowner agrees to retain ownership of the inter-
est in land to be acquired for a period not to exceed
one year. In return, the Forest Service shall agree to
abide by the bargaining and arbitration process set
out in this section.
(b) OPT OUT.—After the Forest Service and
landowner have entered into the purchase option
agreement, the landowner may at any time prior to
federal acquisition voluntarily opt out of the purchase
option agreement.
(c) SELECTION OF APPRAISERS.—Once the land-
owner and Forest Service both have executed the re-
quired purchase option, the landowner and Forest
Service each shall select an appraiser to appraise the
land or interest in land described in the purchase op-
tion. The landowner and Forest Service both shall in-
struct their appraiser to estimate the fair market
value of the land or interest in land to be acquired.
The landowner and Forest Service both shall instruct
their appraiser to comply with the Uniform Ap-
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praisal Standards for Federal Land Acquisitions
(Interagency Land Acquisition Conference 1992) and
Public Law 91–646 as amended. Both appraisers
shall possess qualifications consistent with state regu-
latory requirements that meet the intent of Title XI,
Financial Institutions Reform, Recovery, and En-
forcement Act of 1989.
(d) PERIOD
TO COMPLETE APPRAISALS.—The
landowner and Forest Service each shall be allowed a
period of 180 days to provide to the other an ap-
praisal of the land or interest in land described in the
purchase option. This 180-day period shall commence
upon execution of a purchase option by the landowner
and the Forest Service.
(e) BARGAINING PERIOD.—Once the landowner
and Forest Service each have provided to the other a
completed appraisal, a 45-day period of good faith
bargaining and negotiation shall commence. If the
landowner and Forest Service cannot agree within
this period on the proper purchase price to be paid
by the United States for the land or interest in land
described in the purchase option, the landowner may
request arbitration under subsection (f) of this section.
(f) ARBITRATION PROCESS.—If a landowner and
the Forest Service are unable to reach a negotiated
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settlement on value within the 45-day period of good
faith bargaining and negotiation, during the 10 days
following this period of good faith bargaining and ne-
gotiation the landowner may request arbitration. The
process for arbitration shall commence with each
party submitting its appraisal and a copy of this leg-
islation, and only its appraisal and a copy of this
legislation, to the arbitration panel within 10 days
following the receipt by the Forest Service of the re-
quest for arbitration. The arbitration panel shall
render a written advisory decision on value within 45
days of receipt of both appraisals. This advisory deci-
sion shall be forwarded to the Secretary of Agriculture
by the arbitration panel with a recommendation to
the Secretary that if the land or interest in land at
issue is to be purchased that the United States pay
a sum certain for the land or interest in land. This
sum certain shall fall within the value range estab-
lished by the two appraisals. Costs of employing the
arbitration panel shall be divided equally between the
Forest Service and the landowner, unless the arbitra-
tion panel recommends either the landowner or the
Forest Service bear the entire cost of employing the
arbitration panel. The arbitration panel shall not
make such a recommendation unless the panel finds
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that one of the appraisals submitted fails to conform
to the Uniform Appraisal Standard for Federal Land
Acquisition (Interagency Land Acquisition Conference
1992). In no event, shall the cost of employing the ar-
bitration panel exceed $10,000.
(g) ARBITRATION PANEL.—The arbitration panel
shall consist of one appraiser and two lawyers who
have substantial experience working with the purchase
of land and interests in land by the United States.
The Secretary is directed to ask the Federal Center for
Dispute Resolution at the American Arbitration Asso-
ciation to develop lists of no less than ten appraisers
and twenty lawyers who possess substantial experi-
ence working with federal land purchases to serve as
third-party neutrals in the event arbitration is re-
quested by a landowner. Selection of the arbitration
panel shall be made by mutual agreement of the For-
est Service and landowner. If mutual agreement can-
not be reached on one or more panel members, selec-
tion of the remaining panel members shall be by blind
draw once each party has been allowed the oppor-
tunity to strike up to 25 percent of the third-party
neutrals named on either list. Of the funds available
to the Forest Service, up to $15,000 shall be available
to the Federal Center for Dispute Resolution to cover
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the initial cost of establishing this program. Once es-
tablished, costs of administering the program shall be
borne by the Forest Service, but shall not exceed
$5,000 a year.
(h) 
QUALIFICATIONS
OF
THIRD-PARTY
NEUTRALS.—Each appraiser selected by the Federal
Dispute Resolution Center, in addition to possessing
substantial experience working with federal land pur-
chases, shall possess qualifications consistent with
state regulatory requirements that meet the intent of
Title XI, Financial Institutions Reform, Recovery &
Enforcement Act of 1989. Each lawyer selected by the
Federal Dispute Resolution Center, in addition to
possessing substantial experience working with federal
land purchases, shall be an active member in good
standing of the bar of one of the 50 states or the Dis-
trict of Columbia.
(i) DECISION REQUIRED BY THE SECRETARY OF
AGRICULTURE.—Upon receipt of a recommendation
by an arbitration panel appointed under subsection
(g), the Secretary of Agriculture shall notify the land-
owner and the CRGNSA of the day the recommenda-
tion was received. The Secretary shall make a deter-
mination to adopt or reject the arbitration panel’s
advisory decision and notify the landowner and the