Page:United States Statutes at Large Volume 118.djvu/3126

 118 STAT. 3096 PUBLIC LAW 108–447—DEC. 8, 2004 machines include an option that enables callers to reach promptly an individual on duty with the agency being contacted. SEC. 317. No timber sale in Region 10 shall be advertised if the indicated rate is deficit when appraised using a residual value approach that assigns domestic Alaska values for western redcedar. Program accomplishments shall be based on volume sold. Should Region 10 sell, in the current fiscal year, the annual average portion of the decadal allowable sale quantity called for in the current Tongass Land Management Plan in sales which are not deficit when appraised using a residual value approach that assigns domestic Alaska values for western redcedar, all of the western redcedar timber from those sales which is surplus to the needs of domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. Should Region 10 sell, in the current fiscal year, less than the annual average portion of the decadal allowable sale quantity called for in the Tongass Land Management Plan in sales which are not deficit when appraised using a residual value approach that assigns domestic Alaska values for western redcedar, the volume of western redcedar timber available to domestic processors at prevailing domestic prices in the contiguous 48 United States shall be that volume: (1) which is surplus to the needs of domestic processors in Alaska; and (2) is that percent of the surplus western redcedar volume determined by calculating the ratio of the total timber volume which has been sold on the Tongass to the annual average portion of the decadal allowable sale quantity called for in the current Tongass Land Management Plan. The percentage shall be calculated by Region 10 on a rolling basis as each sale is sold (for purposes of this amendment, a ‘‘rolling basis’’ shall mean that the determination of how much western redcedar is eligible for sale to various markets shall be made at the time each sale is awarded). Western redcedar shall be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ when the timber sale holder has presented to the Forest Service documentation of the inability to sell western redcedar logs from a given sale to domestic Alaska processors at a price equal to or greater than the log selling value stated in the contract. All additional western redcedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. SEC. 318. Section 3 of the Act of June 9, 1930 (commonly 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’’; ‘‘(b) Amounts deposited under subsection (a)’’; (2) by striking ‘‘may direct:’’ and all that follows through ‘‘That the Secretary of Agriculture’’ and inserting ‘‘may direct. The Secretary of Agriculture’’; and (3) by adding at the end the following new subsection: ‘‘(c) Any portion of the balance at the end of a fiscal year in the special fund established pursuant to this section 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

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