118 STAT. 3097 PUBLIC LAW 108–447—DEC. 8, 2004 of the balance in the special fund that the Secretary determined, before October 1, 2004, to be excess of the cost of doing work described in subsection (a), but which has not been transferred by that date) shall be transferred to miscellaneous receipts, National Forest Fund, as a National Forest receipt, but only if the Secretary also determines that— ‘‘(1) the excess amounts will not be needed for emergency wildfire suppression during the fiscal year in which the transfer would be made; and ‘‘(2) the amount to be transferred to miscellaneous receipts, National Forest Fund, exceeds the outstanding balance of unreimbursed funds transferred from the special fund in prior fiscal years for wildfire suppression.’’. SEC. 319. A project undertaken by the Forest Service under the Recreation Fee Demonstration Program as authorized by section 315 of the Department of the Interior and Related Agencies Appro priations Act for Fiscal Year 1996, as amended, shall not result in— (1) displacement of the holder of an authorization to provide commercial recreation services on Federal lands. Prior to initi ating any project, the Secretary shall consult with potentially affected holders to determine what impacts the project may have on the holders. Any modifications to the authorization shall be made within the terms and conditions of the authoriza tion and authorities of the impacted agency; and (2) the return of a commercial recreation service to the Secretary for operation when such services have been provided in the past by a private sector provider, except when— (A) the private sector provider fails to bid on such opportunities; (B) the private sector provider terminates its relation ship with the agency; or (C) the agency revokes the permit for non compliance with the terms and conditions of the authorization. In such cases, the agency may use the Recreation Fee Demonstra tion Program to provide for operations until a subsequent operator can be found through the offering of a new prospectus. SEC. 320. Prior to October 1, 2005, the Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. SEC. 321. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are 16 USC 1604 note. 16 USC 460l–6a note.
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