H. R. 2217—33
Report No. 105–163: Provided further, That the costs of imple-
menting any cooperative agreement between the Federal govern-
ment and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That in entering
into such grants or cooperative agreements, the Secretary may
consider the enhancement of local and small business employment
opportunities for rural communities, and that in entering into
procurement contracts under this section on a best value basis,
the Secretary may take into account the ability of an entity to
enhance local and small business employment opportunities in rural
communities, and that the Secretary may award procurement con-
tracts, grants, or cooperative agreements under this section to enti-
ties that include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth groups,
or small or disadvantaged businesses: Provided further, That in
addition to funds provided for State Fire Assistance programs,
and subject to all authorities available to the Forest Service under
the State and Private Forestry Appropriation, up to $15,000,000
may be used on adjacent non-Federal lands for the purpose of
protecting communities when hazard reduction activities are
planned on national forest lands that have the potential to place
such communities at risk: Provided further, That included in
funding for hazardous fuel reduction is $5,000,000 for implementing
the Community Forest Restoration Act, Public Law 106–393, title
VI, and any portion of such funds shall be available for use on
non-Federal lands in accordance with authorities available to the
Forest Service under the State and Private Forestry Appropriation:
Provided further, That:
(1) In expending the funds provided with respect to this
Act for hazardous fuels reduction, the Secretary of the Interior
and the Secretary of Agriculture may conduct fuel reduction
treatments on Federal lands using all contracting and hiring
authorities available to the Secretaries applicable to hazardous
fuel reduction activities under the wildland fire management
accounts. Notwithstanding Federal government procurement
and contracting laws, the Secretaries may conduct fuel reduc-
tion treatments on Federal lands using grants and cooperative
agreements. Notwithstanding Federal government procurement
and contracting laws, in order to provide employment and
training opportunities to people in rural communities, the Sec-
retaries may award contracts, including contracts for moni-
toring activities, to—
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partner-
ships, with State, local and non-profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a significant
percentage of local people to complete such contracts. The
authorities described above relating to contracts, grants,
and cooperative agreements are available until all funds
provided in this title for hazardous fuels reduction activities
in the urban wildland interface are obligated.
(2)(A) The Secretary of Agriculture may transfer or
reimburse funds to the United States Fish and Wildlife Service
of the Department of the Interior, or the National Marine
Fisheries Service of the Department of Commerce, for the costs
of carrying out their responsibilities under the Endangered
H. R. 2217—34
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference as required by section 7 of such Act in connection
with wildland fire management activities in fiscal years 2001
and 2002.
(B) Only those funds appropriated for fiscal years 2001
and 2002 to Forest Service (USDA) for wildland fire manage-
ment are available to the Secretary of Agriculture for such
transfer or reimbursement.
(C) 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 in
connection with wildland fire management activities affecting
National Forest System lands.
For an additional amount to cover necessary expenses for emer-
gency rehabilitation, wildfire suppression and other fire operations
of the Forest Service, $346,000,000, to remain available until
expended, of which $200,000,000 is for repayment of prior year
advances from other appropriations and accounts within the
Wildland Fire appropriation previously transferred for fire suppres-
sion, $66,000,000 is for wildfire suppression operations, $59,000,000
is for land rehabilitation and restoration, $5,000,000 is for research
activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $10,000,000 is for capital improve-
ment and maintenance of fire facilities, $6,000,000 is for state
fire assistance: Provided, That the Congress designates the entire
amount as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $346,000,000 shall
be available only to the extent that an official budget request,
that includes designation of the $346,000,000 as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
For an additional amount, to liquidate obligations previously
incurred, $274,147,000.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $546,188,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
repair and maintenance of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101
and 205, of which, $61,000,000 is for conservation activities defined
in section 250(c)(4)(E) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended, for the purposes of such
Act: Provided, That fiscal year 2001 balances in the Federal Infra-
structure Improvement account for the Forest Service shall be trans-
ferred to and merged with this appropriation and shall remain
available until expended: Provided further, That up to $15,000,000
of the funds provided herein for road maintenance shall be available
for the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer needed:
H. R. 2217—35
Provided further, That no funds shall be expended to decommission
any system road until notice and an opportunity for public comment
has been provided on each decommissioning project: Provided fur-
ther, That the Forest Service shall transfer $300,000, appropriated
in Public Law 106–291 within the Capital Improvement and Mainte-
nance appropriation, to the State and Private Forestry appropria-
tion, and shall provide these funds in an advance direct lump
sum payment to Purdue University for planning and construction
of a hardwood tree improvement and generation facility: Provided
further, That from funds provided to the Forest Service in Public
Law 106–291, $500,000 is hereby transferred from the Capital
Improvement and Maintenance appropriation to the State and Pri-
vate Forestry appropriation.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$149,742,000 to be derived from the Land and Water Conservation
Fund, to remain available until expended, and to be for the con-
servation activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act
of December 4, 1967, as amended (16 U.S.C. 484a), to remain
available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
H. R. 2217—36
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, 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),
$5,488,000, 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 132 passenger
motor vehicles of which eight will be used primarily for law enforce-
ment purposes and of which 130 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed seven for replacement only, and acquisition of
sufficient 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; (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 if and only if all previously
appropriated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the President
and apportioned.
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
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