DEPARTMENT OF AGRICULTURE

DEPARTMENT OF AGRICULTURE Forest Service forest research For necessary expenses of forest research as authorized by law, $147,182,000, to remain available until September 30, 1991. 103 STAT. 723 state and private forestry For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions, and others; and for forest pest management activities, $105,506,000, to remain available until expended, as authorized by law: Provided, That a grant of $3,000,000 shall be made to the State of Minnesota for the purposes authorized by section 6 of Public Law 95–495: Provided further, That notwithstanding any other provision of law, a grant of $3,600,000 shall be provided to the Washington State Parks and Recreation Commission for completion of the Spokane River Centennial Trail: Provided further, That a grant of $6,000,000 shall be made to the National Arbor Day Foundation as a matching grant for the construction of the National Arbor Day Center in Nebraska City, Nebraska. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for administrative expenses associated with the management of funds provided under the heads “Forest Research”, “State and Private Forestry”, “National Forest System”, “Construction”, and “Land Acquisition”, $1,149,232,000, to remain available for obligation until September 30, 1991, and including 65 per centum of all monies received during the prior fiscal year as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 4601—6a): Provided, That appropriations in this account remaining unobligated at the end of fiscal year 1989, both annual and two-year funds, and which would otherwise be returned to the general fund of the Treasury, shall be merged with and made a part of the fiscal year 1990 National Forest System appropriation, and shall remain available for obligation until September 30, 1991. forest service firefighting For necessary expenses for forest fire suppression and presuppression on or adjacent to National Forest System lands or Department of the Interior lands, and for forest fire protection and emergency forest fire rehabilitation of National Forest System lands, $561,139,000, to remain available until expended: Provided, That such funds are to be available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes. construction For necessary expenses of the Forest Service, not otherwise provided for, for construction, $221,960,000, to remain available until expended, of which $38,993,000 is for construction and acquisition of buildings and other facilities; and $182,967,000 is for construction 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 $1,500,000 shall be available for the Federal share of road reconstruction for the purpose of improved access to the Monongahela National Forest, West Virginia, which shall be matched on an equal basis by non-Federal participants: Provided, That funds becoming available in103 STAT. 724 fiscal year 1990 under the Act of March 4, 1913 (16 U.S.C. 501), shall be transferred to the General Fund of the Treasury of the United States: Provided further, That not to exceed $112,000,000, to remain available until expended, may be obligated for the construction of forest roads by timber purchasers. 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. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $63,433,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. acquisition of lands for national forest 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, $1,068,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, 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 funds For necessary expenses of range rehabilitation, protection, and improvement, 50 per centum of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the sixteen 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 per centum shall be available for administrative expenses associated with on–the–ground range rehabilitation, protection, and improvements. gifts, donations and request for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b), $30,000 to remain available until expended, to be derived from the fund established pursuant to the above Act: Provided, That unexpended balances of amounts previously appropriated for this purpose under the heading “Miscellaneous trust funds, Forest Service” may be transferred to and merged with this appropriation for the same time period as originally enacted. 103 STAT. 725 administrative provisions, forest service Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 185 passenger motor vehicles of which 11 will be used primarily for law enforcement purposes and of which 169 shall be for replacement only, of which acquisition of 132 passenger motor vehicles shall be from excess sources, and hire of such vehicles; operation and maintenance of aircraft the purchase of not to exceed two for replacement only, and acquisition of 43 aircraft from excess sources; notwithstanding other provisions 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; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniform allowances for each uniformed employee of the Forest Service, not in excess of $400 annually; (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (f) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (g) 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 change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives. Any appropriations or funds available to the Forest Service may be used for forest firefighting and the emergency rehabilitation of burned-over lands under its jurisdiction. The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their Forest Service position and that are necessary to comply with State laws, regulations, and requirements. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development 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 its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. Funds previously appropriated for timber salvage sales may be recovered from receipts deposited for use by the applicable national forest and credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest, and for timber sales preparation to replace sales lost to fire or other 103 STAT. 726causes, and sales preparation to replace sales inventory on the shelf for any national forest to a level sufficient to maintain new sales availability equal to a rolling five-year average of the total sales offerings, and for design, engineering, and supervision of construction of roads lost to fire or other causes associated with the timber sales programs described above: Provided, That notwithstanding any other provision of law, moneys received from the timber salvage sales program in fiscal year 1990 shall be considered as money received for purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended: Provided further, That amounts necessary shall be available from deposits into the salvage sale fund for salvage of timber damaged by Hurricane Hugo to the maximum extent possible without regard to the geographic origin of the funds. 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 unless the proposed transfer is approved in advance by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in House Report 99–714. No funds appropriated to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture without the approval of the Chief of the Forest Service. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to provide nonmonetary awards of nominal value to private individuals and organizations that make contributions to Forest Service programs. Funds available to the Forest Service shall be available to conduct a program of not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408 Notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Forest Service is authorized to negotiate and enter into cooperative arrangements with public and private agencies, organizations, institutions, and individuals to continue the Challenge Cost-Share Program. None of the funds made available to the Forest Service in this Act shall be expended for the purpose of issuing a special use authorization permitting land use and occupancy and surface disturbing activities for any project to be constructed on Lewis Fork Creek in Madera County, California, at the site above, and adjacent to, Corlieu Falls bordering the Lewis Fork Creek National Recreation Trail until the studies required in Public Law 100–202 have been submitted to the Congress: Provided, That any special use authorization shall not be executed prior to the expiration of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt of the required studies by the Speaker of the House of Representatives and the President of the Senate. Notwithstanding any other provision of law, the Secretary of the Treasury is directed to make available to the Secretary of Agriculture, to remain available until expended, all National Forest Fund timber receipts received by the Treasury during fiscal year 1989 from the harvesting of National Forest Timber in excess of103 STAT. 727 $920,000,000, the 1989 National Forest Fund timber receipts contained in the President’s Budget proposal for fiscal year 1990; Provided, That such excess amount made available for the overall purposes of this section shall not exceed $65,000,000: Provided further, That an additional $32,000,000 shall not be subject to the per centum allocations of subsequent provisions of this section and shall be made separately available solely for implementation of the timber sales program included in this Act as described in the accompanying statement of the managers and shall be used solely for the necessary expenses of such timber sales program including, but not limited to, timber sales administration and management (including all timber support costs) and construction and design of roads: Provided further, That the $32,000,000 shall only be provided after all other sources of funds, appropriated and nonappropriated, have been utilized to the fullest extent possible: Provided further, That this estimate of 1989 receipts shall not be adjusted for the purposes of this section: Provided further, That such funds shall be made available during fiscal year 1990, and shall be in addition to any funds appropriated in this Act: Provided further, That this transaction will be made without reductions for the payments to be made in accordance with the provisions of the Act of May 23, 1908, as amended (16 U.S.C. 500) or the Act of July 10, 1930 (16 U.S.C. 577g): Provided further, That funds made available to the Secretary of Agriculture pursuant to this provision shall be used for the necessary expenses, including support costs of the National Forest System programs as follows: 6 per centum for National Forest trail maintenance; 4 per centum for National Forest trail construction; 20 per centum for wildlife and fish habitat management; 20 per centum for soil, water, and air management; 5 per centum for cultural resource management; 5 per centum for wilderness management; 10 per centum for reforestation and timber stand improvement; and 30 per centum for timber sales administration and management, including all timber support costs, for advanced preparation work for fiscal year 1991 and fiscal year 1992 timber sale offerings: Provided further, That not later than 30 days after the submission of the President’s fiscal year 1991 budget, the Chief of the Forest Service shall provide a report to the House and Senate Committees on Appropriations on the final amount and distribution of funds made available under this section and shall include an assessment of National Forest resource outputs to be produced in fiscal year 1990, fiscal year 1991, and subsequent years, using funds made available under this section, and a comparison of the outputs achieved in fiscal year 1990 and proposed for fiscal year 1991, with the output levels for the program areas listed described in the Forest Service resource management plans in effect at the time of the report required by this section. Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111. Of the funds available to the Forest Service, $1,500 is available to the Chief of the Forest Service for official reception and representation expenses. Notwithstanding section 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(a)), $52,441,000 shall be103 STAT. 728 available for timber supply, protection and management, research, resource protection, and construction on the Tongass National Forest in fiscal year 1990: Provided, That all of the funds available from the Tongass Timber Supply Fund in fiscal year 1990 pursuant to section 705(a) of Public Law 96–487 shall be deemed obligated as of October 1, 1989 and shall remain available until expended: Provided further, That this funding limitation shall not include those funds available to the Forest Service as National Forest System (except for timber sales administration and management funds), Trust Funds, Permanent Funds (other than the Tongass Timber Supply Fund), Timber Receipts, or Purchaser Road Construction. Notwithstanding any other provision of law, the Forest Service is directed to compensate Davis Sheep Company, Monteview, Idaho, for reasonable expenses incurred as a result of mortality of permitted animals and moving permitted animals from one location to another as directed by the Forest Service: Provided, That in no event should expenses be less than $85,000; Provided further, That up to an additional $27,500 is authorized if the Forest Service, in conjunction with Davis Sheep Company, determines additional losses were incurred: Provided further, That no funds provided in this title may be expended by the Forest Service to implement a new fee schedule or increase the fees charged for communication site use of lands administered by the Forest Service above the levels in effect on January 1, 1989.