H. R. 4818—270
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $65,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,962,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 124 passenger
motor vehicles of which 21 will be used primarily for law enforce-
ment purposes and of which 124 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet at 195 aircraft for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other provi-
sions of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7 U.S.C.
2225, and not to exceed $100,000 for employment under 5 U.S.C.
3109; (3) purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land, waters,
and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses
pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms
as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions upon notification of the
House and Senate Committees on Appropriations and if and only
if all previously appropriated emergency contingent funds under
the heading ‘‘Wildland Fire Management’’ have been released by
the President and apportioned and all wildfire suppression funds
under the heading ‘‘Wildland Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the
State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
H. R. 4818—271
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b.
Not less than $20,000,000 of funds under section 8002 of the
Farm Security and Rural Investment Act of 2002 is hereby canceled.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the re-
programming procedures contained in House Report 108–330.
Not more than $72,467,000 of the funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, $3,300,000 may
be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Founda-
tion, $300,000 may be used for Forest Service Centennial activities
and, of the total available to the Foundation, no more than $350,000
shall be available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest Service:
Provided further, That the Foundation may transfer Federal funds
to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Pro-
vided further, That authorized investments of Federal funds held
by the Foundation may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be available
for matching funds to the National Fish and Wildlife Foundation,
as authorized by 16 U.S.C. 3701–3709, and may be advanced in
a lump sum to aid conservation partnership projects in support
of the Forest Service mission, without regard to when expenses
are incurred, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-one
H. R. 4818—272
basis funds advanced by the Forest Service: Provided further, That
the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law enforcement
emergencies as necessary to protect natural resources and public
or employee safety: Provided, That such amounts shall not exceed
$1,000,000.
For fiscal years 2005 and 2006, the Secretary of Agriculture
may authorize the sale of excess buildings, facilities, and other
properties owned by the Forest Service and located on the Green
Mountain National Forest, the revenues of which shall be retained
by the Forest Service and available to the Secretary without further
appropriation and until expended for maintenance and rehabilita-
tion activities on the Green Mountain National Forest.
For each fiscal year through 2009, the Secretary of Agriculture
may transfer or reimburse funds available to the Forest Service,
not to exceed $15,000,000, to the Secretary of the Interior or the
Secretary of Commerce to expedite conferencing and consultations
as required under section 7 of the Endangered Species Act, 16
U.S.C. 1536. The amount of the transfer or reimbursement shall
be as mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as applicable,
or their designees. The amount shall in no case exceed the actual
costs of consultation and conferencing.
Beginning on June 30, 2001 and concluding on December 31,
2005, an eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service in this Act may be used
for the purpose of expenses associated with primary and secondary
schooling for dependents of agency personnel stationed in Puerto
Rico prior to the date of enactment of this Act, who are subject
to transfer and reassignment to other locations in the United States,