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(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or 
are able to tour several States; 
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds 
to any single State, excluding grants made under the 
authority of paragraph (1); 
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by 
the Chairperson in each grant category under sec-
tion 5 of such Act; and 
(4) the Chairperson shall encourage the use of 
grants to improve and support community-based 
music performance and education. 
SEC. 312. No part of any appropriation contained in 
this Act shall be expended or obligated to complete and 
issue the 5-year program under the Forest and Rangeland 
Renewable Resources Planning Act. 
SEC. 313. None of the funds in this Act may be used 
to support Government-wide administrative functions un-
less such functions are justified in the budget process and 
funding is approved by the House and Senate Committees 
on Appropriations.
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SEC. 314. Notwithstanding any other provision of 
law, for fiscal year 2005 the Secretaries of Agriculture and 
the Interior are authorized to limit competition for water-
shed restoration project contracts as part of the ‘‘Jobs in 
the Woods’’ Program established in Region 10 of the For-
est Service to individuals and entities in historically tim-
ber-dependent areas in the States of Washington, Oregon, 
northern California, Idaho, Montana, and Alaska that 
have been affected by reduced timber harvesting on Fed-
eral lands. The Secretaries shall consider the benefits to 
the local economy in evaluating bids and designing pro-
curements which create economic opportunities for local 
contractors. 
SEC. 315. Amounts deposited during fiscal year 2004 
in the roads and trails fund provided for in the 14th para-
graph under the heading ‘‘FOREST SERVICE’’ of the 
Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 
be used by the Secretary of Agriculture, without regard 
to the State in which the amounts were derived, to repair 
or reconstruct roads, bridges, and trails on National For-
est System lands or to carry out and administer projects 
to improve forest health conditions, which may include the 
repair or reconstruction of roads, bridges, and trails on 
National Forest System lands in the wildland-community 
interface where there is an abnormally high risk of fire.
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The projects shall emphasize reducing risks to human 
safety and public health and property and enhancing eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under 
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund. 
Nothing in this section shall be construed to exempt any 
project from any environmental law. 
SEC. 316. 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. 317. Section 3 of the Act of June 9, 1930 (com-
monly known as the Knutson-Vandenberg Act; 16 U.S.C. 
576b), is amended— 
(1) by striking ‘‘The Secretary of Agriculture 
may, when in his’’ and inserting ‘‘(a) The Secretary 
of Agriculture may, when in his or her’’; 
(2) by striking ‘‘Such deposits’’ and inserting 
the following: ‘‘Each of these 4 purposes shall be of 
equal priority. 
‘‘(b) Amounts deposited under subsection (a)’’;
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(3) by striking ‘‘may direct:’’ and all that fol-
lows through ‘‘That the Secretary of Agriculture’’ 
and inserting ‘‘may direct. The Secretary of Agri-
culture’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(c) Any portion of the balance at the end of a fiscal 
year in the special fund established pursuant to this sec-
tion that the Secretary of Agriculture determines to be 
in excess of the cost of doing work described in subsection 
(a) (as well as any portion of the balance in the special 
fund that the Secretary determined, before October 1, 
2004, to be excess of the cost of doing work described in 
subsection (a), but which has not been transferred by that 
date) shall be transferred to miscellaneous receipts, Na-
tional Forest Fund, as a National Forest receipt, but only 
if the Secretary also determines that— 
‘‘(1) the excess amounts will not be needed for 
emergency wildfire suppression during the fiscal year 
in which the transfer would be made; and 
‘‘(2) the amount to be transferred to miscella-
neous receipts, National Forest Fund, exceeds the 
outstanding balance of unreimbursed funds trans-
ferred from the special fund in prior fiscal years for 
wildfire suppression.’’.
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SEC. 318. A project undertaken by the Forest Service 
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior 
and Related Agencies Appropriations Act for Fiscal Year 
1996, as amended, shall not result in— 
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on 
Federal lands. Prior to initiating 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 au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the 
impacted agency; and 
(2) the return of a commercial recreation serv-
ice 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 relationship with the agency; or 
(C) the agency revokes the permit for non- 
compliance with the terms and conditions of the 
authorization.
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In such cases, the agency may use the Recreation Fee 
Demonstration Program to provide for operations until a 
subsequent operator can be found through the offering of 
a new prospectus. 
SEC. 319. Prior to October 1, 2005, the Secretary 
of Agriculture shall not be considered to be in violation 
of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have 
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law. 
SEC. 320. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities 
under either the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) within the boundaries of a National Monu-
ment established pursuant to the Act of June 8, 1906 (16 
U.S.C. 431 et seq.) as such boundary existed on January 
20, 2001, except where such activities are allowed under 
the Presidential proclamation establishing such monu-
ment.
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SEC. 321. Extension of Forest Service Conveyances 
Pilot Program.—Section 329 of the Department of the In-
terior and Related Agencies Appropriations Act, 2002 (16 
U.S.C. 580d note; Public Law 107–63) is amended— 
(1) in subsection (b), by striking ‘‘30’’ and in-
serting ‘‘40’’; 
(2) in subsection (c) by striking ‘‘8’’ and insert-
ing ‘‘13’’; and 
(3) in subsection (d), by striking ‘‘2006’’ and 
inserting ‘‘2008’’. 
SEC. 322. Employees of the foundations established 
by Acts of Congress to solicit private sector funds on be-
half of Federal land management agencies shall, hereafter, 
qualify for General Service Administration contract air-
fares. 
SEC. 323. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance 
Act (42 U.S.C. 1856m) the Secretary of Agriculture and 
the Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished 
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the 
country receiving said services when the individuals are 
engaged in fire suppression: Provided, That the Secretary 
of Agriculture or the Secretary of the Interior shall not
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enter into any agreement under this provision unless the 
foreign country (either directly or through its fire organi-
zation) agrees to assume any and all liability for the acts 
or omissions of American firefighters engaged in fire-
fighting in a foreign country: Provided further, That when 
an agreement is reached for furnishing fire fighting serv-
ices, the only remedies for acts or omissions committed 
while fighting fires shall be those provided under the laws 
of the host country, and those remedies shall be the exclu-
sive remedies for any claim arising out of fighting fires 
in a foreign country: Provided further, That neither the 
sending country nor any legal organization associated with 
the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role 
in fire suppression. 
SEC. 324. Notwithstanding any other provision of law 
or regulation, to promote the more efficient use of the 
health care funding allocation for fiscal year 2005, the 
Eagle Butte Service Unit of the Indian Health Service, 
at the request of the Cheyenne River Sioux Tribe, may 
pay base salary rates to health professionals up to the 
highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruit-
ment or retention bonus of up to 25 percent above the 
base pay rate.
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SEC. 325. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 326. None of the funds in this Act may be used 
to prepare or issue a permit or lease for oil or gas drilling 
in the Finger Lakes National Forest, New York, during 
fiscal year 2005. 
SEC. 327. None of the funds made available in this 
Act may be used for the planning, design, or construction 
of improvements to Pennsylvania Avenue in front of the 
White House without the advance approval of the Commit-
tees on Appropriations. 
SEC. 328. In awarding a Federal Contract with funds 
made available by this Act, the Secretary of Agriculture 
and the Secretary of the Interior (the ‘‘Secretaries’’) may, 
in evaluating bids and proposals, give consideration to 
local contractors who are from, and who provide employ-
ment and training for, dislocated and displaced workers 
in an economically disadvantaged rural community, in-
cluding those historically timber-dependent areas that 
have been affected by reduced timber harvesting on Fed-
eral lands and other forest-dependent rural communities 
isolated from significant alternative employment opportu-
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nities: Provided, That the Secretaries may award grants 
or cooperative agreements to local non-profit entities, 
Youth Conservation Corps or related partnerships with 
State, local or non-profit youth groups, or small or dis-
advantaged business: Provided further, That the contract, 
grant, or cooperative agreement is for forest hazardous 
fuels reduction, watershed or water quality monitoring or 
restoration, wildlife or fish population monitoring, or habi-
tat restoration or management: Provided further, That the 
terms ‘‘rural community’’ and ‘‘economically disadvan-
taged’’ shall have the same meanings as in section 2374 
of Public Law 101–624: Provided further, That the Secre-
taries shall develop guidance to implement this section: 
Provided further, That nothing in this section shall be con-
strued as relieving the Secretaries of any duty under appli-
cable procurement laws, except as provided in this section. 
SEC. 329. No funds appropriated in this Act for the 
acquisition of lands or interests in lands may be expended 
for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Sen-
ate Committees on Appropriations: Provided, That this 
provision shall not apply to funds appropriated to imple-
ment the Everglades National Park Protection and Ex-
pansion Act of 1989, or to funds appropriated for Federal
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assistance to the State of Florida to acquire lands for Ev-
erglades restoration purposes. 
SEC. 330. Section 315(f) of the Department of the 
Interior and Related Agencies Appropriations Act, 1996 
(as contained in section 101(c) of Public Law 104–134; 
110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend-
ed— 
(1) in subsection (b), by inserting ‘‘subject to 
subsection (g) but’’ before ‘‘notwithstanding’’ in the 
matter preceding paragraph (1); and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) The Secretary of Agriculture may not charge or 
collect fees under this section for the following: 
‘‘(1) Admission to a unit of the National Forest 
System (as defined in section 11(a) of the Forest 
and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)). 
‘‘(2) the use of, either singly or in any combina-
tion, of the following: 
‘‘(A) undesignated parking along roads; 
‘‘(B) overlook sites or scenic pullouts; 
‘‘(C) information offices and centers that 
only provide general area information and lim-
ited services or interpretive exhibits; and
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‘‘(D) dispersed areas for which expendi-
tures in facilities or services are limited.’’. 
SEC. 331. (a) ANNUAL REPORTING REQUIREMENTS 
ON COMPETITIVE SOURCING ACTIVITIES.— 
(1) Not later than December 31 of each year, 
beginning with December 31, 2004, the Secretary 
concerned shall submit to the Committees on Appro-
priations of the Senate and the House of Represent-
atives a report, covering the preceding fiscal year, on 
the competitive sourcing studies conducted by the 
Department of the Interior, the Forest Service, or 
the Department of Energy, as appropriate, and the 
costs and cost savings to the citizens of the United 
States of such studies. 
(2) In this subsection, the term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of the Interior, with re-
spect to the Department of the Interior pro-
grams, projects, and activities for which funds 
are appropriated by this Act; 
(B) the Secretary of Agriculture, with re-
spect to the Forest Service; and 
(C) the Secretary of Energy, with respect 
to the Department of Energy programs,
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el, and training costs associated with program 
management; 
(F) an estimate of the total anticipated 
savings, or a quantifiable description of im-
provements in service or performance, derived 
from completed competitions; 
(G) actual savings, or a quantifiable de-
scription of improvements in service or perform-
ance, derived from the implementation of com-
petitions; 
(H) the total projected number of full-time 
equivalent Federal employees covered by com-
petitions scheduled to be announced in the fis-
cal year; and 
(I) a description of how the competitive 
sourcing decision making processes are aligned 
with strategic workforce plans. 
(b) COMPETITIVE SOURCING EXEMPTION FOR FOR-
EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL 
YEAR 2005.—Notwithstanding requirements of Office of 
Management and Budget Circular A–76, Attachment B, 
the Forest Service is hereby exempted from implementing 
the Letter of Obligation and post-competition account-
ability guidelines where a competitive sourcing study in-
volved 65 or fewer full-time equivalents, the performance
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decision was made in favor of the agency provider; no net 
savings was achieved by conducting the study, and the 
study was completed prior to the date of this Act. 
(c) LIMITATION ON COMPETITIVE SOURCING STUD-
IES.— 
(1) Of the funds made available by this or any 
other Act to the Department of Energy or the De-
partment of the Interior for fiscal year 2005, not 
more than the maximum amount specified in para-
graph (2)(A) may be used by the Secretary of En-
ergy or the Secretary of the Interior to initiate or 
continue competitive sourcing studies in fiscal year 
2005 for programs, projects, and activities for which 
funds are appropriated by this Act until such time 
as the Secretary concerned submits a reprogram-
ming proposal to the Committees on Appropriations 
of the Senate and the House of Representatives, and 
such proposal has been processed consistent with the 
reprogramming guidelines in House Report 108– 
330. 
(2) For the purposes of paragraph (1), the 
maximum amount— 
(A) with respect to the Department of En-
ergy is $500,000; and
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(B) with respect to the Department of the 
Interior is $2,500,000; and 
(3) Of the funds appropriated by this Act, not 
more than $2,000,000 may be used in fiscal year 
2005 for competitive sourcing studies and related 
activities by the Forest Service. 
(d) LIMITATION ON CONVERSION TO CONTRACTOR 
PERFORMANCE.— 
(1) None of the funds made available in this or 
any other Act may be used to convert to contractor 
performance an activity or function of the Forest 
Service, an activity or function of the Department of 
the Interior performed under programs, projects, 
and activities for which funds are appropriated by 
this Act, or an activity or function of the Depart-
ment of Energy performed under programs, projects, 
and activities for which funds are appropriated by 
this Act, if such activity or function is performed on 
or after the date of the enactment of this Act by 
more than 10 Federal employees unless— 
(A) the conversion is based on the result of 
a public-private competition that includes a 
more efficient and cost effective organization 
plan developed by such activity or function; and
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(B) the Competitive Sourcing Official de-
termines that, over all performance periods 
stated in the solicitation of offers for perform-
ance of the activity or function, the cost of per-
formance of the activity or function by a con-
tractor would be less costly to the Federal Gov-
ernment by an amount that equals or exceeds 
the lesser of— 
(i) 10 percent of the more efficient or-
ganization’s personnel-related costs for 
performance of that activity or function by 
Federal employees; or 
(ii) $10,000,000. 
(2) This subsection shall not apply to a com-
mercial or industrial type function that— 
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
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cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization, 
as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(3) The conversion of any activity or function 
under the authority provided by this subsection shall 
be credited toward any competitive or outsourcing 
goal, target, or measurement that may be estab-
lished by statute, regulation, or policy. 
(e) COMPETITIVE SOURCING STUDY DEFINED.—In 
this subsection, the term ‘‘competitive sourcing study’’ 
means a study on subjecting work performed by Federal 
Government employees or private contractors to public- 
private competition or on converting the Federal Govern-
ment employees or the work performed by such employees 
to private contractor performance under the Office of 
Management and Budget Circular A–76 or any other ad-
ministrative regulation, directive, or policy. 
SEC. 332. Estimated overhead charges, deductions, 
reserves or holdbacks from programs, projects and activi-
ties to support governmentwide, departmental, agency or 
bureau administrative functions or headquarters, regional 
or central office operations shall be presented in annual