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garding the number of incentive payment recipi-
ents who were rehired, their terms of reemploy-
ment, their job classifications, and an expla-
nation, in the judgment of the agencies involved
of how such reemployment without repayment
of the incentive payments received is consistent
with the original waiver provisions of such Act.
This report shall not be conducted in a manner
that would delay the rehiring of any former em-
ployees under this paragraph, or affect the nor-
mal confidentiality of Federal employees.
(6) COST
CONSIDERATIONS.—Salvage timber
sales undertaken pursuant to this section shall not
be precluded because the costs of such activities are
likely to exceed the revenues derived from such ac-
tivities.
(7) EFFECT
OF
SALVAGE
SALES.—The Sec-
retary concerned shall not substitute salvage timber
sales conducted under subsection (b) for planned
non-salvage timber sales.
(8) REFORESTATION OF SALVAGE TIMBER SALE
PARCELS.—The Secretary concerned shall plan and
implement reforestation of each parcel of land har-
vested under a salvage timber sale conducted under
subsection (b) as expeditiously as possible after com-
HR 1944 RDS
pletion of the harvest on the parcel, but in no case
later than any applicable restocking period required
by law or regulation.
(9) EFFECT
ON
JUDICIAL
DECISIONS.—The
Secretary concerned may conduct salvage timber
sales under subsection (b) notwithstanding any deci-
sion, restraining order, or injunction issued by a
United States court before the date of the enactment
of this section.
(d) DIRECTION TO COMPLETE TIMBER SALES ON
LANDS COVERED BY OPTION 9.—Notwithstanding any
other law (including a law under the authority of which
any judicial order may be outstanding on or after the date
of enactment of this Act), the Secretary concerned shall
expeditiously prepare, offer, and award timber sale con-
tracts on Federal lands described in the ‘‘Record of Deci-
sion for Amendments to Forest Service and Bureau of
Land Management Planning Documents Within the
Range of the Northern Spotted Owl’’, signed by the Sec-
retary of the Interior and the Secretary of Agriculture on
April 13, 1994. The Secretary concerned may conduct
timber sales under this subsection notwithstanding any de-
cision, restraining order, or injunction issued by a United
States court before the date of the enactment of this sec-
tion. The issuance of any regulation pursuant to section
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4(d) of the Endangered Species Act of 1973 (16 U.S.C.
1533(d)) to ease or reduce restrictions on non-Federal
lands within the range of the northern spotted owl shall
be deemed to satisfy the requirements of section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)), given the analysis included
in the Final Supplemental Impact Statement on the Man-
agement of the Habitat for Late Successional and Old
Growth Forest Related Species Within the Range of the
Northern Spotted Owl, prepared by the Secretary of Agri-
culture and the Secretary of the Interior in 1994, which
is, or may be, incorporated by reference in the administra-
tive record of any such regulation. The issuance of any
such regulation pursuant to section 4(d) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(d)) shall not
require the preparation of an environmental impact state-
ment under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(e) ADMINISTRATIVE REVIEW.—Salvage timber sales
conducted under subsection (b), timber sales conducted
under subsection (d), and any decision of the Secretary
concerned in connection with such sales, shall not be sub-
ject to administrative review.
(f) JUDICIAL REVIEW.—
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(1) PLACE AND TIME OF FILING.—A salvage
timber sale to be conducted under subsection (b),
and a timber sale to be conducted under subsection
(d), shall be subject to judicial review only in the
United States district court for the district in which
the affected Federal lands are located. Any challenge
to such sale must be filed in such district court with-
in 15 days after the date of initial advertisement of
the challenged sale. The Secretary concerned may
not agree to, and a court may not grant, a waiver
of the requirements of this paragraph.
(2) EFFECT OF FILING ON AGENCY ACTION.—
For 45 days after the date of the filing of a chal-
lenge to a salvage timber sale to be conducted under
subsection (b) or a timber sale to be conducted
under subsection (d), the Secretary concerned shall
take no action to award the challenged sale.
(3) PROHIBITION
ON
RESTRAINING
ORDERS,
PRELIMINARY INJUNCTIONS, AND RELIEF PENDING
REVIEW.—No restraining order, preliminary injunc-
tion, or injunction pending appeal shall be issued by
any court of the United States with respect to any
decision to prepare, advertise, offer, award, or oper-
ate a salvage timber sale pursuant to subsection (b)
or any decision to prepare, advertise, offer, award,
HR 1944 RDS
or operate a timber sale pursuant to subsection (d).
Section 705 of title 5, United States Code, shall not
apply to any challenge to such a sale.
(4) STANDARD OF REVIEW.—The courts shall
have authority to enjoin permanently, order modi-
fication of, or void an individual salvage timber sale
if it is determined by a review of the record that the
decision to prepare, advertise, offer, award, or oper-
ate such sale was arbitrary and capricious or other-
wise not in accordance with applicable law (other
than those laws specified in subsection (i)).
(5) TIME
FOR
DECISION.—Civil actions filed
under this subsection shall be assigned for hearing
at the earliest possible date. The court shall render
its final decision relative to any challenge within 45
days from the date such challenge is brought, unless
the court determines that a longer period of time is
required to satisfy the requirement of the United
States Constitution. In order to reach a decision
within 45 days, the district court may assign all or
part of any such case or cases to one or more Spe-
cial Masters, for prompt review and recommenda-
tions to the court.
(6) PROCEDURES.—Notwithstanding any other
provision of law, the court may set rules governing
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the procedures of any proceeding brought under this
subsection which set page limits on briefs and time
limits on filing briefs and motions and other actions
which are shorter than the limits specified in the
Federal rules of civil or appellate procedure.
(7) APPEAL.—Any appeal from the final deci-
sion of a district court in an action brought pursu-
ant to this subsection shall be filed not later than 30
days after the date of decision.
(g) EXCLUSION OF CERTAIN FEDERAL LANDS.—
(1) EXCLUSION.—The Secretary concerned may
not select, authorize, or undertake any salvage tim-
ber sale under subsection (b) with respect to lands
described in paragraph (2).
(2) DESCRIPTION OF EXCLUDED LANDS.—The
lands referred to in paragraph (1) are as follows:
(A) Any area on Federal lands included in
the National Wilderness Preservation System.
(B) Any roadless area on Federal lands
designated by Congress for wilderness study in
Colorado or Montana.
(C) Any roadless area on Federal lands
recommended by the Forest Service or Bureau
of Land Management for wilderness designation
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in its most recent land management plan in ef-
fect as of the date of the enactment of this Act.
(D) Any area on Federal lands on which
timber harvesting for any purpose is prohibited
by statute.
(h) RULEMAKING.—The Secretary concerned is not
required to issue formal rules under section 553 of title
5, United States Code, to implement this section or carry
out the authorities provided by this section.
(i) EFFECT ON OTHER LAWS.—The documents and
procedures required by this section for the preparation,
advertisement, offering, awarding, and operation of any
salvage timber sale subject to subsection (b) and any tim-
ber sale under subsection (d) shall be deemed to satisfy
the requirements of the following applicable Federal laws
(and regulations implementing such laws):
(1) The Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.);
(2) The Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(3) The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(4) The Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
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(5) The National Forest Management Act of
1976 (16 U.S.C. 472a et seq.);
(6) The Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.);
(7) Any compact, executive agreement, conven-
tion, treaty, and international agreement, and imple-
menting legislation related thereto; and
(8) All other applicable Federal environmental
and natural resource laws.
(j) EXPIRATION DATE.—The authority provided by
subsections (b) and (d) shall expire on December 31,
1996. The terms and conditions of this section shall con-
tinue in effect with respect to salvage timber sale contracts
offered under subsection (b) and timber sale contracts of-
fered under subsection (d) until the completion of per-
formance of the contracts.
(k) AWARD AND RELEASE OF PREVIOUSLY OFFERED
AND UNAWARDED TIMBER SALE CONTRACTS.—
(1) AWARD
AND
RELEASE
REQUIRED.—Not-
withstanding any other provision of law, within 45
days after the date of the enactment of this Act, the
Secretary concerned shall act to award, release, and
permit to be completed in fiscal years 1995 and
1996, with no change in originally advertised terms,
volumes, and bid prices, all timber sale contracts of-
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fered or awarded before that date in any unit of the
National Forest System or district of the Bureau of
Land Management subject to section 318 of Public
Law 101–121 (103 Stat. 745). The return of the bid
bond of the high bidder shall not alter the respon-
sibility of the Secretary concerned to comply with
this paragraph.
(2) THREATENED OR ENDANGERED BIRD SPE-
CIES.—No sale unit shall be released or completed
under this subsection if any threatened or endan-
gered bird species is known to be nesting within the
acreage that is the subject of the sale unit.
(3) ALTERNATIVE OFFER IN CASE OF DELAY.—
If for any reason a sale cannot be released and com-
pleted under the terms of this subsection within 45
days after the date of the enactment of this Act, the
Secretary concerned shall provide the purchaser an
equal volume of timber, of like kind and value, which
shall be subject to the terms of the original contract
and shall not count against current allowable sale
quantities.
(l) EFFECT ON PLANS, POLICIES, AND ACTIVITIES.—
Compliance with this section shall not require or permit
any administrative action, including revisions, amend-
ment, consultation, supplementation, or other action, in
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or for any land management plan, standard, guideline,
policy, regional guide, or multiforest plan because of im-
plementation or impacts, site-specific or cumulative, of ac-
tivities authorized or required by this section, except that
any such administrative action with respect to salvage tim-
ber sales is permitted to the extent necessary, at the sole
discretion of the Secretary concerned, to meet the salvage
timber sale goal specified in subsection (b)(1) of this sec-
tion or to reflect the effects of the salvage program. The
Secretary concerned shall not rely on salvage timber sales
as the basis for administrative action limiting other mul-
tiple use activities nor be required to offer a particular
salvage timber sale. No project decision shall be required
to be halted or delayed by such documents or guidance,
implementation, or impacts.
SEC. 2002. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
DOWNWARD ADJUSTMENTS IN DISCRETIONARY SPENDING
LIMITS
SEC. 2003. Upon the enactment of this Act, the Di-
rector of the Office of Management and Budget shall
make downward adjustments in the discretionary spending
limits (new budget authority and outlays) specified in sec-
tion 601(a)(2) of the Congressional Budget Act of 1974
for each of the fiscal years 1995 through 1998 by the ag-
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gregate amount of estimated reductions in new budget au-
thority and outlays for discretionary programs resulting
from the provisions of this Act (other than emergency ap-
propriations) for such fiscal year, as calculated by the Di-
rector.
PROHIBITION ON USE OF SAVINGS TO OFFSET DEFICIT
INCREASES RESULTING FROM DIRECT SPENDING OR
RECEIPTS LEGISLATION
SEC. 2004. Reductions in outlays, and reductions in
the discretionary spending limits specified in section
601(a)(2) of the Congressional Budget Act of 1974, re-
sulting from the enactment of this Act shall not be taken
into account for purposes of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 2005. July 27 of each year until the year 2003
is designated as ‘‘National Korean War Veterans Armi-
stice Day’’, and the President is authorized and requested
to issue a proclamation calling upon the people of the
United States to observe such day with appropriate cere-
monies and activities, and to urge the departments and
agencies of the United States and interested organiza-
tions, groups, and individuals to fly the American flag at
half staff on July 27 of each year until the year 2003
in honor of the Americans who died as a result of their
service in Korea.