TABLE OF CONTENTS:
Title I: Supplemental Appropriations
Title II: Rescissions
Title III: General Provisions
Title I: Supplemental Appropriations - Makes supplemental appropriations for FY 1995 available to the Department of Agriculture for the Food Safety and Inspection Service, the Agricultural Stabilization and Conservation Service, and the Commodity Credit Corporation Fund (through a fund transfer).
Makes supplemental appropriations available to the United States Information Agency for international broadcasting operations.
Makes additional funds available to the President for debt relief for Jordan.
Makes an appropriation to the family trust of Dean A. Gallo, late a Representative from New Jersey.
Makes additional funds available through a transfer of funds for: (1) the Botanic Garden; (2) the Federal Railroad Administration of the Department of Transportation; (3) the Department of the Treasury for department offices, the Federal Law Enforcement Training Center, the Internal Revenue Service, and the United States Mint; and (4) the General Services Administration.
Makes additional funds available to the Office of Personnel Management for employee life insurance benefits.
Title II: Rescissions - Rescinds appropriations made to: (1) the Department of Agriculture for Public Law 480 Programs Accounts; (2) the Department of Commerce for the National Institute of Standards and Technology; (3) the Department of State for the administration of foreign affairs and international organizations and conferences; (4) the Arms Control and Disarmament Agency; and (5) the United States Information Agency.
Rescinds funds made available to the President for the Agency for International Development and to the Congressional Budget Office for salaries and expenses.
Title III: General Provisions - Prohibits the use of funds to issue, implement, administer, or enforce any executive order, or other rule or order, that prohibits Federal contracts with companies that hire permanent replacements for striking employees.
(Sec. 302) Makes inapplicable in FY 1995 the requirement to replace each public housing dwelling unit that is disposed of or demolished.
(Sec. 303) Prohibits the Environmental Protection Agency from imposing or enforcing any requirement that a State implement trip reduction measures to reduce vehicular emissions.
(Sec. 304) Prohibits the Environmental Protection Agency from imposing or enforcing any requirement that a State implement an inspection and maintenance program for vehicular emissions.
(Sec. 305) Rescinds any Federal implementation plan under the Clean Air Act for the South Coast, Ventura, or Sacramento areas of California.
(Sec. 306) Prohibits the funding of an abortion except when necessary to save the life of the mother or when the pregnancy is the result of rape or incest. Declares that each State is and remains free to fund abortions to the extent that the State deems appropriate, except where the life of the mother would be endangered if the fetus were carried to term.
(Sec. 307) Establishes an emergency two-year salvage timber sale program beginning on the date of enactment of this section.
Establishes expedited procedures for the Secretary concerned to prepare, advertise, offer, and award contracts during the emergency period for salvage timber sales from Federal lands to satisfy salvage timber sale volume requirements.
Requires the Secretary concerned to plan and implement reforestation of each parcel of land harvested under a salvage timber sale as expeditiously as possible.
Subjects such sales to judicial review only in the United States district court for the district in which the affected Federal lands are located.
Excludes the following Federal lands from such sale: (1) any area included in the National Wilderness Preservation System; (2) any roadless area designated by Congress for wilderness study in Colorado or Montana; (3) any roadless area recommended by the Forest Service or Bureau of Land Management for wilderness designation in its most recent land management plan; and (4) any area on which timber harvesting for any purpose is prohibited by statute.
Releases certain timber sale contracts that have been previously awarded.
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 1159 Reported in House (RH)]
Union Calendar No. 37
104th CONGRESS
1st Session
H. R. 1159
[Report No. 104-71]
_______________________________________________________________________
A BILL
Making supplemental appropriations and rescissions for the fiscal year
ending September 30, 1995, and for other purposes.
_______________________________________________________________________
March 8, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 37
104th CONGRESS
1st Session
H. R. 1159
[Report No. 104-71]
Making supplemental appropriations and rescissions for the fiscal year
ending September 30, 1995, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 1995
Mr. Livingston, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making supplemental appropriations and rescissions for the fiscal year
ending September 30, 1995, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to provide supplemental appropriations and rescissions
for the fiscal year ending September 30, 1995, and for other purposes,
namely:
TITLE I
SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
For an additional amount for salaries and expenses of the Food
Safety and Inspection Service, $9,048,000.
Agricultural Stabilization and Conservation Service
salaries and expenses
For an additional amount for salaries and expenses of the
Agricultural Stabilization and Conservation Service, $10,000,000.
Commodity Credit Corporation Fund
(transfer of funds)
Notwithstanding any other provision of law, no funds of the
Commodity Credit Corporation in excess of $50,000,000 for fiscal year
1995 (exclusive of the cost of commodities in the fiscal year), may be
used to carry out the Food for Progress Act of 1985 (7 U.S.C. 1736o)
with respect to commodities made available under section 416(b) of the
Agricultural Act of 1949. The additional costs resulting from this
provision shall be financed from funds credited to the Corporation
pursuant to section 426 of Public Law 103-465.
CHAPTER II
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
RELATED AGENCY
United States Information Agency
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $7,290,000, for transfer to the Board for International
Broadcasting.
CHAPTER III
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
debt restructuring
debt relief for jordan
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, as amended, of modifying direct loans to Jordan issued by
the Export-Import Bank or by the Agency for International Development
or by the Department of Defense, as authorized under subsection (a)
under the heading ``Debt Relief for Jordan'', in title VI of Public Law
103-306, $50,000,000.
CHAPTER IV
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to the family trust of Dean A. Gallo, late a
Representative from the State of New Jersey, $133,600.
BOTANIC GARDEN
Salaries and Expenses
(transfer of funds)
Of the funds made available until expended by transfer under this
heading in Public Law 103-283, $3,000,000 shall be transferred to the
appropriation ``Architect of the Capitol, Capitol Buildings and
Grounds, Capitol Complex Security Enhancements'', and shall remain
available until expended.
CHAPTER V
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
FEDERAL RAILROAD ADMINISTRATION
Office of the Administrator
(transfer of funds)
Section 341 of Public Law 103-331 is amended by deleting ``and
received from the Delaware and Hudson Railroad,'' after ``amended,''.
CHAPTER VI
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(transfer of funds)
In the paragraph under this heading in Public Law 103-329, delete
``of which not less than $6,443,000 and 85 full-time equivalent
positions shall be available for enforcement activities;''.
Federal Law Enforcement Training Center
salaries and expenses
(transfer of funds)
In the paragraph under this heading in Public Law 103-329, delete
``first-aid and emergency'' and insert ``short-term'' before ``medical
services''.
Internal Revenue Service
information systems
(transfer of funds)
In the paragraph under this heading in Public Law 103-329, delete
``$650,000,000'' and insert ``$640,000,000''.
Administrative Provisions--Internal Revenue Service
In the paragraph under this heading in Public Law 103-329, in
section 3, after ``$119,000,000'', insert ``annually''.
United States Mint
salaries and expenses
(transfer of funds)
In the paragraph under this heading in Public Law 103-329, insert
``not to exceed'' after ``of which''.
INDEPENDENT AGENCIES
General Services Administration
federal buildings fund
(transfer of funds)
Of the funds made available for the Federal Buildings Fund in
Public Law 103-329, $5,000,000 shall be made available by the General
Services Administration to implement an agreement between the Food and
Drug Administration and another entity for space, equipment and
facilities related to seafood research.
Office of Personnel Management
government payment for annuitants, employee life insurance benefits
For an additional amount for ``Government payment for annuitants,
employee life insurance'', $9,000,000 to remain available until
expended.
TITLE II
RESCISSIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Public Law 480 Program Accounts
(rescission)
Of the funds made available under this heading in Public Law 103-
330, $20,000,000 for commodities supplied in connection with
dispositions abroad, pursuant to title III of the Agricultural Trade
Development and Assistance Act of 1954, as amended, are rescinded.
CHAPTER II
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
scientific and technical research and services
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $19,500,000 are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $2,000,000 are rescinded.
acquisition and maintenance of buildings abroad
(rescission)
Of the funds made available under this heading in Public Law 103-
317 and prior appropriations Acts, $20,000,000 are rescinded.
International Organizations and Conferences
contributions for international peacekeeping activities
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $14,617,000 are rescinded.
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $3,000,000 are rescinded, of which $2,000,000 are from funds made
available for activities related to the implementation of the Chemical
Weapons Convention.
United States Information Agency
educational and cultural exchange programs
(rescission)
Of the funds made available under this heading in Public Law 103-
317, $5,000,000 are rescinded.
radio construction
(rescission)
Of the funds made available under this heading, $6,000,000 are
rescinded.
CHAPTER III
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
BILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
Agency for International Development
debt restructuring under the enterprise for the americas initiative
(rescission)
Of the funds made available under this heading in Public Law 102-
391, $2,400,000 are rescinded.
economic support fund
(rescissions)
Of the unobligated balances of funds available under this heading
from funds provided in Public Law 103-306, $7,500,000 are rescinded.
Of the unobligated balances of funds available under this heading
from funds provided in Public Law 103-87, $20,000,000 are rescinded.
Of the unobligated balances of funds currently available under this
heading, including earmarked funds, from funds provided in Public Law
102-391 and prior appropriations Acts, $15,475,000 are rescinded.
operating expenses of the agency for international development
(rescission)
Of the funds made available under this heading in Public Law 103-
306, $5,000,000 are rescinded.
assistance for the new independent states of the former soviet union
(rescissions)
Of the unobligated balances of funds available under this heading
from funds provided in Public Law 103-306, $17,500,000 are rescinded.
Of the unobligated or unexpended balances of funds available under
this heading from funds provided in Public Law 103-87 and Public Law
102-391, $30,200,000 are rescinded.
CHAPTER IV
LEGISLATIVE BRANCH
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
(rescission)
Of the funds made available under this heading in Public Law 103-
283, $187,000 are rescinded.
TITLE III
GENERAL PROVISIONS
Sec. 301. None of the funds made available in any appropriations
Act for fiscal year 1995 may be used to issue, implement, administer,
or enforce any executive order, or other rule or order, that prohibits
Federal contracts with companies that hire permanent replacements for
striking employees.
Sec. 302. Hereafter, the requirement pursuant to section 18(b)(3)
of the United States Housing Act of 1937, for the provision of an
additional dwelling unit for each public housing dwelling unit to be
demolished or disposed of under an application submitted by a public
housing agency under section 18(a) of such Act, shall not apply to any
such application approved by the Secretary of Housing and Urban
Development in fiscal year 1995 or in any prior fiscal year: Provided,
That no such application submitted by a public housing agency to
implement a final order of a court issued, or a settlement approved by
a court, before the effective date of this public law, shall be
affected by this paragraph.
Sec. 303. None of the funds made available in any appropriations
Act for fiscal year 1995 may be used by the Environmental Protection
Agency to impose or enforce any requirement that a State implement trip
reduction measures to reduce vehicular emissions.
Sec. 304. None of the funds made available in any appropriations
Act for fiscal year 1995 may be used by the Environmental Protection
Agency to impose or enforce any requirement that a State implement an
inspection and maintenance program for vehicular emissions.
Sec. 305. The Congress finds that the 1990 amendments to the Clean
Air Act (Public Law 101-549) superseded prior requirements of the Clean
Air Act regarding the demonstration of attainment of national ambient
air quality standards and eliminated the obligation of the
Administrator of the Environmental Protection Agency to promulgate a
Federal implementation plan under section 110(e) of the Clean Air Act
for the South Coast, Ventura, or Sacramento areas of California. Upon
the enactment of this Act, any Federal implementation plan that has
been promulgated by the Administrator of the Environmental Protection
Agency under the Clean Air Act for the South Coast, Ventura, or
Sacramento areas of California pursuant to a court order or settlement
shall be rescinded and shall have no further force and effect.
limitation on funding of abortions
Sec. 306. None of the funds appropriated under Public Laws 103-112
and 103-333 shall be expended for any abortion except when it is made
known to the Federal entity or official to which funds are appropriated
under this Act that such procedure is necessary to save the life of the
mother or that the pregnancy is the result of an act of rape or incest:
Provided, That, effective October 1, 1993, and notwithstanding any
other law, each State is and remains free not to fund abortions to the
extent that the State in its sole discretion deems appropriate, except
where the life of the mother would be endangered if the fetus were
carried to term.
SEC. 307. EMERGENCY TWO-YEAR SALVAGE TIMBER SALE PROGRAM.
(a) Definitions.--For purposes of this section:
(1) The term ``emergency period'' means the two-year period
beginning on the date of the enactment of this section.
(2) The term ``Federal lands'' means--
(A) lands within 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)); and
(B) public lands, as defined in section 103(e) of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(e)).
(3) The term ``land management plan'' means--
(A) a land and resource management plan (or, if no
final plan is currently in effect, a draft land and
resource management plan) prepared by the Forest
Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) for a unit or units of the Federal lands
described in paragraph (2)(A); or
(B) a land use plan prepared by the Bureau of Land
Management pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), or
other multiple-use plan in effect, for a unit of the
Federal lands described in paragraph (2)(B).
(4) The term ``salvage timber sale'' means a timber sale
for which an important reason for entry includes the removal of
disease- or insect-infested trees, dead, damaged, or down
trees, or trees affected by fire or imminently susceptible to
fire or insect attack. Such term also includes the removal of
associated trees or trees lacking the characteristics of a
healthy and viable ecosystem for the purpose of ecosystem
improvement or rehabilitation, except that any such sale must
include an identifiable salvage component of trees described in
the first sentence.
(5) The term `Secretary concerned' means--
(A) with respect to Federal lands described in
paragraph (2)(A), the Secretary of Agriculture; and
(B) with respect to Federal lands described in
paragraph (2)(B), the Secretary of the Interior.
(b) Two-Year Emergency Program of Salvage Timber Sales for Federal
Lands.--
(1) Salvage timber sales required.--Using the expedited
procedures provided in subsection (c), the Secretary concerned
shall prepare, advertise, offer, and award contracts during the
emergency period for salvage timber sales from Federal lands to
satisfy the volume requirements of paragraph (2).
(2) Salvage timber sale volumes.--The salvage timber sales
sold under this subsection during the emergency period shall
contain the following total timber volumes (programmed or
otherwise):
(A) For Federal lands described in subsection
(a)(2)(A)--
(i) not less than 3,000,000,000 board feet
during the first year of the emergency period;
and
(ii) not less than 3,000,000,000 board feet
during the second year of the emergency period.
(B) For Federal lands described in subsection
(a)(2)(B)--
(i) not less than 115,000,000 board feet
during the first year of the emergency period;
and
(ii) not less than 115,000,000 board feet
during the second year of the emergency period.
(3) Use of salvage sale funds.--To conduct salvage timber
sales under this subsection, the Secretary concerned may use
salvage sale funds otherwise available to the Secretary
concerned.
(c) Expedited Procedures for Emergency Salvage Timber Sales.--
(1) Sale documentation.--For each salvage timber sale
conducted under subsection (b) to meet the minimum salvage
timber sale volumes specified in paragraph (2) of such
subsection, the Secretary concerned shall prepare a document
that combines an environmental assessment under section 102(2)
and implementing regulations of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(E)) and a biological
evaluation under section 7(a)(2) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(a)(2)) and other applicable Federal law
and implementing regulations. The environmental assessment and
biological evaluation must consider the environmental effects
of the salvage timber sale and consider the effect, if any, on
threatened or endangered species. In lieu of preparing a new
document under this paragraph, the Secretary concerned may use
a document prepared pursuant to the National Environmental
Policy Act of 1969 before the date of the enactment of this
section, a biological evaluation written before such date, or
information collected for such a document or evaluation if the
document, evaluation, or information applies to the Federal
lands covered by the proposed sale.
(2) Time periods for, and reporting of, sales.--
(A) First year.--For salvage timber sales conducted
pursuant to subsection (b) during the first year of the
emergency period, the Secretary concerned shall--
(1) offer sales which contain fifty percent
of the total timber volume required pursuant to
subsection (b)(2)(A)(i) or (b)(2)(B)(i), as the
case may be, within the first 3 months of the
year; and
(2) offer sales which contain the remaining
volume required pursuant to subsection
(b)(2)(A)(i) or (b)(2)(B)(i), as the case may
be, evenly distributed throughout the remainder
of the year.
(B) Second year.--For salvage timber sales
conducted pursuant to subsection (b) during the second
year of the emergency period, the Secretary concerned
shall--
(1) offer sales which contain fifty percent
of the total timber volume required pursuant to
subsection (b)(2)(A)(ii) or (b)(2)(B)(ii), as
the case may be, within 15 months of the date
of enactment of this Act, and
(2) offer sales which contain the remaining
volume required pursuant to subsection
(b)(2)(A)(ii) or (b)(2)(B)(ii), as the case may
be, within the remainder of the year.
(i) Each Secretary shall report to
the Committee on Resources of the House
of Representatives and the Committee on
Energy and Natural Resources of the
United States Senate 90 days after the
date of enactment of this Act and on
the final day of each 90-day period
thereafter throughout the emergency
period on the number of sales and
volumes contained therein offered
during such 90 day period and expected
to be offered during the next 90 day
period.
(ii) Special rules for second year
sales.--The Secretary concerned may
begin salvage sales intended for the
second year of the emergency period
before the start of the second year if
the Secretary concerned determines that
the preparation, advertisement,
offering, awarding, and operation of
such sales will not interfere with
salvage timber sales required during
the first year of the emergency period.
(3) Decisions.--The Secretary concerned shall design and
select the specific salvage timber sales to be offered under
subsection (b) on the basis of the analysis contained in the
document or documents prepared pursuant to paragraph (1) to
satisfy the applicable volume requirement in subsection (b)(2)
within the applicable schedule specified in paragraph (2).
(4) Sale preparation.--The Secretary concerned shall make
use of all available authority, including the employment of
private contractors and the use of expedited fire contracting
procedures, to prepare and advertise salvage timber sales under
subsection (b) to meet the applicable schedule specified in
paragraph (2). The provisions of section 3(d)(1) of the Federal
Workforce Restructuring Act of 1994 (Public Law 103-226) shall
not apply to any former employee of the Department of the
Secretary concerned who received a voluntary separation
incentive payment authorized by such Act or accepts employment
pursuant to this paragraph.
(5) 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 activities.
(6) 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) shall be deemed to satisfy the
requirements of all applicable Federal laws (and regulations
implementing such laws) including but not limited to:
(A) The Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(B) The Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(C) The National Environmental Policy Act of 1969
(42 U.S.C. 4332).
(D) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(7) Effect of salvage sales.--The Secretary of Agriculture
shall not substitute salvage timber sales conducted under
subsection (b) for planned non-salvage timber sales.
(8) Effect on judicial decisions.--The Secretary concerned
may conduct salvage timber sales under the authority of this
section during the emergency period and the first year after
the end of the emergency period notwithstanding any decision,
restraining order, or injunction issued by a United States
court issued before the date of the enactment of this section.
(d) Reforestation of Salvage Timber Sale Parcels.--The Secretary
concerned shall plan and implement reforestation of each parcel of land
harvested under a salvage timber sale conducted under subsection (b) as
expeditiously as possible after completion of the harvest on the
parcel, but in no case later than any applicable restocking period
required by law or regulation.
(e) Administrative Review.--Salvage timber sales conducted under
subsection (b), and any decision of the Secretary concerned in
connection with such sales, shall not be subject to administrative
review.
(f) Judicial Review.--
(1) Place and time of filing.--A salvage timber sale to be
conducted under subsection (b) 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
within 15 days after the date of initial advertisement of the
challenged sale.
(2) Effect of filing on agency action.--For 45 days after
the date of the filing of a challenge to a salvage timber sale
to be conducted under subsection (b), 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
or preliminary injunction shall be issued by any court of the
United States with respect to any decision to prepare,
advertise, offer, award, or operate a salvage timber sale
pursuant to subsection (b). 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 modification of, or void an
individual salvage timber sale if it is determined by a trial
on the merits that the decision to prepare, advertise, offer,
award, or operate such sale was arbitrary and capricious or
otherwise not in accordance with applicable law (other than
those laws specified in subsection (c)(6)).
(5) Time for decision.--Civil actions filed under this
subsection shall be assigned for hearing at the earliest
possible date and shall take precedence over all other matters
pending on the docket of the court at that time except for
criminal cases. 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 Special Masters, for prompt review
and recommendations to the court.
(6) Procedures.--Notwithstanding any other provision of
law, the court may set rules governing 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 decision of a
district court in an action brought pursuant 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 timber 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 in its most recent land
management plan in effect 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) Award and Release of Previously Offered and Unawarded Timber
Sale Contracts.--
(1) Award and release required.--Notwithstanding any other
provision of law, within 30 days after the date of the
enactment of this section, 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 and
volumes, all timber sale contracts offered 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).
(2) Effect on land management plans.--Compliance with
paragraph (1) shall not require or permit any change in any
land management plan in existence on the date of the enactment
of this Act.
HR 1159 RH----2
HR 1159 RH----3
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 104-71, by Mr. Livingston.
The House Committee on Appropriations reported an original measure, H. Rept. 104-71, by Mr. Livingston.
Placed on the Union Calendar, Calendar No. 37.
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