Page:United States Statutes at Large Volume 117.djvu/1333

 117 STAT. 1314

Deadlines. Alaska. Timber.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

PUBLIC LAW 108–108—NOV. 10, 2003

‘‘(II) convey to the Secretary land or an interest in land that is equal in value to the land or interest in land conveyed. ‘‘(C) DISPOSITION OF FUNDS.—Amounts received by the Secretary under subparagraph (B)(ii) shall be credited to the Wildland Fire Management account, to remain available until expended.’’. SEC. 337. Notwithstanding section 9(b) of Public Law 106– 506, funds hereinafter appropriated under Public Law 106–506 shall require matching funds from non-Federal sources on the basis of aggregate contribution to the Environmental Improvement Program, as defined in Public Law 106–506, rather than on a projectby-project basis, except for those activities provided under section 9(c) of that Act, to which this amendment shall not apply. SEC. 338. Any application for judicial review of a Record of Decision for any timber sale in Region 10 of the Forest Service that had a Notice of Intent prepared on or before January 1, 2003 shall— (1) be filed in the Alaska District of the Federal District Court within 30 days after exhaustion of the Forest Service administrative appeals process (36 CFR 215) or within 30 days of enactment of this Act if the administrative appeals process has been exhausted prior to enactment of this Act, and the Forest Service shall strictly comply with the schedule for completion of administrative action; and (2) be completed and a decision rendered by the court not later than 180 days from the date such request for review is filed; if a decision is not rendered by the court within 180 days as required by this subsection, the Secretary of Agriculture shall petition the court to proceed with the action. SEC. 339. (a) IN GENERAL.—The Secretary of Agriculture may cancel, with the consent of the timber purchaser, a maximum of 70 contracts for the sale of timber awarded between October 1, 1995 and January 1, 2002 on the Tongass National Forest in Alaska if— (1) the Secretary determines, in the Secretary’s sole discretion, that the sale would result in a financial loss to the purchaser and the costs to the government of seeking a legal remedy against the purchaser would likely exceed the cost of terminating the contract; and (2) the timber purchaser agrees to— (A) terminate its rights under the contract; and (B) release the United States from all liability, including further consideration or compensation resulting from such cancellation. (b) EFFECT OF CANCELLATION.— (1) IN GENERAL.—The United States shall not surrender any claim against a timber purchaser that arose under a contract before cancellation under this section not in connection with the cancellation. (2) LIMITATION.—Cancellation of a contract under this section shall release the timber purchaser from liability for any damages resulting from cancellation of such contract. (c) TIMBER AVAILABLE FOR RESALE.—Timber included in a contract cancelled under this section shall be available for resale by the Secretary of Agriculture.

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