Page:United States Statutes at Large Volume 118.djvu/3133

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118 STAT. 3103 PUBLIC LAW 108–447—DEC. 8, 2004 472a) shall not apply to services performed under a cooperative agreement or contract under subsection (a). (c) RETENTION OF NEPA RESPONSIBILITIES.—With respect to any treatment activity to restore and improve forest, rangeland, and watershed health including fish and wildlife habitat services on National Forest System lands programmed for treatment by the State Forester of the State of Utah under subsection (a), any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4821 et seq.) may not be delegated to any officer or employee of the State of Utah. SEC. 338. (a) IN GENERAL.—An entity that enters into a contract with the United States to operate the National Recreation Reserva tion Service (as solicited by the solicitation numbered WO–04– 06vm) shall not carry out any duties under the contract using: (1) a contact center located outside the United States; or (2) a reservation agent who does not live in the United States. (b) NO WAIVER.—The Secretary of Agriculture may not waive the requirements of subsection (a). (c) TELECOMMUTING.—A reservation agent who is carrying out duties under the contract described in subsection (a) may not tele commute from a location outside the United States. (d) LIMITATIONS.—Nothing in this Act shall be construed to apply to any employee of the entity who is not a reservation agent carrying out the duties under the contract described in subsection (a) or who provides managerial or support services. SEC. 339. For fiscal years 2005 through 2007, a decision made by the Secretary of Agriculture to authorize grazing on an allotment shall be categorically excluded from documentation in an environ mental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if: (1) the decision continues current grazing management of the allotment; (2) monitoring indicates that current grazing management is meeting, or satisfactorily moving toward, objectives in the land and resource management plan, as determined by the Secretary; and (3) the decision is consistent with agency policy concerning extraordinary circumstances. The total number of allot ments that may be categorically excluded under this section may not exceed 900. SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER HUNTING CAMPS. Section 3(a)(24) of Public Law 90–542 (16 U.S.C. 1274) is amended to add the following after paragraph (C) and redesignate subsequent paragraphs accordingly: ‘‘(D) The established use and occupancy as of June 6, 2003, of lands and maintenance or replacement of facili ties and structures for commercial recreation services at Stub Creek located in section 28, T24N, R14E, Boise Prin cipal Meridian, at Arctic Creek located in section 21, T25N, R12E, Boise Principal Meridian and at Smith Gulch located in section 27, T25N, R12E, Boise Principal Meridian shall continue to be authorized, subject to such reasonable regu lation as the Secretary deems appropriate, including rules that would provide for termination for non compliance, and if terminated, reoffering the site through a competitive process.’’. SEC. 341. (a) IN GENERAL.—