H. R. 4578—74
expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental
law.
SEC. 326. None of the funds provided in this or previous appro-
priations Acts for the agencies funded by this Act or provided
from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this
Act, shall be transferred to and used to fund personnel, training,
or other administrative activities of the Council on Environmental
Quality or other offices in the Executive Office of the President
for purposes related to the American Heritage Rivers program.
SEC. 327. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach promptly
an individual on-duty with the agency being contacted.
SEC. 328. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised under the transaction
evidence appraisal system using domestic Alaska values for western
red cedar: Provided, That sales which are deficit when appraised
under the transaction evidence appraisal system using domestic
Alaska values for western red cedar may be advertised upon receipt
of a written request by a prospective, informed bidder, who has
the opportunity to review the Forest Service’s cruise and harvest
cost estimate for that timber. Program accomplishments shall be
based on volume sold. Should Region 10 sell, in fiscal year 2001,
the annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan in sales
which are not deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red
cedar, all of the western red cedar timber from those sales which
is surplus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. Should Region 10 sell,
in fiscal year 2001, less than the annual average portion of the
decadal allowable sale quantity called for in the current Tongass
Land Management Plan in sales which are not deficit when
appraised under the transaction evidence appraisal system using
domestic Alaska values for western red cedar, the volume of western
red cedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that
volume: (i) which is surplus to the needs of domestic processors
in Alaska; and (ii) is that percent of the surplus western red
cedar volume determined by calculating the ratio of the total timber
volume which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan. The percentage shall
be calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ‘‘rolling basis’’ shall mean
that the determination of how much western red cedar is eligible
for sale to various markets shall be made at the time each sale
is awarded). Western red cedar shall be deemed ‘‘surplus to the
needs of domestic processors in Alaska’’ when the timber sale holder
has presented to the Forest Service documentation of the inability
to sell western red cedar logs from a given sale to domestic Alaska
processors at price equal to or greater than the log selling value
stated in the contract. All additional western red cedar volume
H. R. 4578—75
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. 329. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or orders
for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on
December 11, 1997, in Kyoto, Japan at the Third Conference of
the Parties to the United Nations Framework Convention on Cli-
mate Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
SEC. 330. In fiscal years 2001 through 2005, the Secretaries
of the Interior and Agriculture may pilot test agency-wide joint
permitting and leasing programs, subject to annual review of Con-
gress, and promulgate special rules as needed to test the feasibility
of issuing unified permits, applications, and leases. The Secretaries
of the Interior and Agriculture may make reciprocal delegations
of their respective authorities, duties and responsibilities in support
of the ‘‘Service First’’ initiative agency-wide to promote customer
service and efficiency. Nothing herein shall alter, expand or limit
the applicability of any public law or regulation to lands adminis-
tered by the Bureau of Land Management or the Forest Service.
SEC. 331. FEDERAL AND STATE COOPERATIVE WATERSHED RES-
TORATION AND PROTECTION IN COLORADO. (a) USE OF COLORADO
STATE FOREST SERVICE.—Until September 30, 2004, the Secretary
of Agriculture, via cooperative agreement or contract (including
sole source contract) as appropriate, may permit the Colorado State
Forest Service to perform watershed restoration and protection
services on National Forest System lands in the State of Colorado
when similar and complementary watershed restoration and protec-
tion services are being performed by the State Forest Service on
adjacent State or private lands. The types of services that may
be extended to National Forest System lands include treatment
of insect infected trees, reduction of hazardous fuels, and other
activities to restore or improve watersheds or fish and wildlife
habitat across ownership boundaries.
(b) STATE AS AGENT.—Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of Colorado to serve as the agent
for the Forest Service in providing all services necessary to facilitate
the performance of watershed restoration and protection services
under subsection (a). The services to be performed by the Colorado
State Forest Service may be conducted with subcontracts utilizing
State contract procedures. Subsections (d) and (g) of section 14
of the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to services performed under a cooperative agreement
or contract under subsection (a).
(c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to
any watershed restoration and protection services on National
Forest System lands proposed for performance by the Colorado
State Forest Service under subsection (a), any decision required
to be made under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) may not be delegated to the State Forester
H. R. 4578—76
of Colorado or any other officer or employee of the Colorado State
Forest Service.
SEC. 332. None of the funds appropriated or otherwise made
available by this Act may be used to issue a record of decision
implementing the Interior Columbia Basin Ecosystem Management
Project until the Secretaries of Agriculture and the Interior submit
to Congress a report evaluating, for the area to be covered by
the project, both the effect of the year 2000 wildfires and the
President’s initiative for managing the impact of wildfires on
communities and the environment.
SEC. 333. The Forest Service, in consultation with the Depart-
ment of Labor, shall review Forest Service campground concessions
policy to determine if modifications can be made to Forest Service
contracts for campgrounds so that such concessions fall within
the regulatory exemption of 29 CFR 4.122(b). The Forest Service
shall offer in fiscal year 2001 such concession prospectuses under
the regulatory exemption, except that, any prospectus that does
not meet the requirements of the regulatory exemption shall be
offered as a service contract in accordance with the requirements
of 41 U.S.C. 351–358.
SEC. 334. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by section
315 of the Department of the Interior and Related Agencies Appro-
priations Act for Fiscal Year 1996, as amended, shall not result
in—
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to initi-
ating any project, the Secretary shall consult with potentially
affected holders to determine what impacts the project may
have on the holders. Any modifications to the authorization
shall be made within the terms and conditions of the authoriza-
tion and authorities of the impacted agency.
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when—
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relation-
ship with the agency; or
(C) the agency revokes the permit for non-compliance
with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstra-
tion Program to provide for operations until a subsequent operator
can be found through the offering of a new prospectus.
SEC. 335. Section 801 of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)(2)(D)(iii)) is amended by striking
‘‘$750,000’’ and inserting ‘‘$10,000,000’’.
SEC. 336. In section 315(f) of title III of section 101(c) of
Public Law 104–134 (16 U.S.C. 460l–6a note), as amended, strike
‘‘September 30, 2001’’ and insert ‘‘September 30, 2002’’, and strike
‘‘September 30, 2004’’ and insert ‘‘September 30, 2005’’.
SEC. 337. None of the funds in this Act may be used by
the Secretary of the Interior to issue a prospecting permit for
hardrock mineral exploration on Mark Twain National Forest land
in the Current River/Jack’s Fork River—Eleven Point Watershed
(not including Mark Twain National Forest land in Townships
H. R. 4578—77
31N and 32N, Range 2 and Range 3 West, on which mining activi-
ties are taking place as of the date of the enactment of this Act):
Provided, That none of the funds in this Act may be used by
the Secretary of the Interior to segregate or withdraw land in
the Mark Twain National Forest, Missouri under section 204 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1714).
SEC. 338. The authority to enter into stewardship and end
result contracts provided to the Forest Service in accordance with
section 347 of title III of section 101(e) of division A of Public
Law 105–825 is hereby expanded to authorize the Forest Service
to enter into an additional 28 contracts subject to the same terms
and conditions as provided in that section: Provided, That of the
additional contracts authorized by this section at least 9 shall
be allocated to Region 1 and at least 3 to Region 6.
SEC. 339. Any regulations or policies promulgated or adopted
by the Departments of Agriculture or the Interior regarding recovery
of costs for processing authorizations to occupy and use Federal
lands under their control shall adhere to and incorporate the fol-
lowing principle arising from Office of Management and Budget
Circular, A–25; no charge should be made for a service when the
identification of the specific beneficiary is obscure, and the service
can be considered primarily as benefiting broadly the general public.
SEC. 340. None of the funds made available in this Act may
be used by the Secretary of the Interior or the Secretary of Agri-
culture to implement a final rule for estimating fair market value
land use rental fees for fiberoptic communications rights-of-way
on Federal lands that amends or replaces the linear right-of-way
rental fee schedule published on July 8, 1987 (43 CFR 2803.1–
2(c)(1)(I)). In determining rental fees for fiberoptic rights-of-way,
the Secretaries shall use the rates contained in the linear right-
of-way rental fee schedules in place on May 1, 2000.
SEC. 341. Notwithstanding any other provision of law, for fiscal
year 2001, the Secretary of Agriculture is authorized to limit com-
petition for fire and fuel treatment and watershed restoration con-
tracts in the Giant Sequoia National Monument and the Sequoia
National Forest. Preference for employment shall be given to dis-
located and displaced workers in Tulare, Kern and Fresno Counties,
California, for work associated with the establishment of the Giant
Sequoia National Monument.
SEC. 344. From funds previously appropriated under the
heading ‘‘DEPARTMENT OF ENERGY, FOSSIL ENERGY RESEARCH
AND DEVELOPMENT’’, $4,000,000 is available for computational serv-
ices at the National Energy Technology Laboratory.
SEC. 345. BACKCOUNTRY LANDING STRIP ACCESS. (a) IN GEN-
ERAL.—Funds made available by this Act shall not be used to
permanently close aircraft landing strips, officially recognized by
State or Federal aviation officials, without public notice, consulta-
tion with cognizant State and Federal aviation officials and the
consent of the Federal Aviation Administration.
(b) AIRCRAFT
LANDING
STRIPS.—An aircraft landing strip
referred to in subsection (a) is a landing strip on Federal land
administered by the Secretary of the Interior or the Secretary
of Agriculture that is commonly known, and is consistently used
for aircraft landing and departure activities.