[House Report 109-325]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-325
HOUSE OF REPRESENTATIVES
1st Session Part 1
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FOREST SERVICE PARTNERSHIP ENHANCEMENT ACT OF 2005
_______
December 6, 2005.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3818]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3818) to authorize the Secretary of Agriculture to enter
into partnership agreements with entities and local communities
to encourage greater cooperation in the administration of
Forest Service activities on and near National Forest System
lands, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Service
Partnership Enhancement Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authority for Forest Service agreements with cooperators.
Sec. 5. Cost sharing under agreements.
Sec. 6. Treatment of funds received under agreements.
Sec. 7. Repeal of superseded authorities.
Sec. 8. Regulations.
Sec. 9. Relation to agreements otherwise authorized by law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Forest Service, managing national forests and
grasslands covering 192,000,000 acres, plays an integral role
in the protection, enhancement, and conservation of the natural
resources of the United States.
(2) The Forest Service has a long history of successful
cooperation with non-Federal entities in fulfilling all mission
areas and responsibilities of the Forest Service.
(3) Such cooperation is becoming increasingly more important
in the research and development mission area of the Forest
Service as the number of staff research scientists has declined
from 985 scientists in 1985 to only 486 scientists in 2005. To
accomplish its research mission to meet current forestry
challenges and ensure that forest managers have the latest
science and technology to manage the National Forest System
sustainably over the long-term, it is critical that the Forest
Service cooperate with other research organizations, including
forestry schools, land-grant colleges and universities, and
1890 institutions.
(4) By expanding and clarifying Forest Service authorities to
work with cooperators, the Forest Service can improve the
ability of the Forest Service to administer National Forest
System lands by increasing local community involvement in
collaborative restoration and building the capacity of rural
public land communities in fulfilling the Forest Service's
mission.
(5) The Forest Service can benefit from maximizing use of
existing authorities and establishing new authority to improve
local community involvement in, and support of, fulfilling the
Forest Service's mission.
(6) Encouraging conservation education will increase public
awareness of Forest Service programs and activities, will
heighten public understanding of the need to sustain natural
and cultural resources, and will promote public participation
in the conservation of these resources.
(7) Encouraging partnerships with public land communities
will expedite the implementation of priority restoration
projects on National Forest System lands.
(b) Purposes.--The purposes of this Act are--
(1) to encourage agreements between the Forest Service and
cooperators to promote public awareness and participation in
the restoration and management of the resources and programs of
the Forest Service;
(2) to affirm Congress' support for agreements between the
Forest Service and cooperators that further the Forest
Service's mission by assisting the Forest Service in the
administration of all Forest Service programs;
(3) to clarify and create additional authority for the Forest
Service to work with cooperators; and
(4) to leverage Forest Service resources with the resources
of cooperators.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperator.--The term ``cooperator'' means any Federal
agency, State or local government, tribal government, public or
private agency, nonprofit organization, institution (including
educational institution), small and local business,
corporation, or other legal entity within the United States, or
individual.
(2) National forest system lands.--The term ``National Forest
System lands'' means lands included in 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))).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
SEC. 4. AUTHORITY FOR FOREST SERVICE AGREEMENTS WITH COOPERATORS.
(a) Agreement Authority.--Using amounts appropriated or otherwise
made available for the Forest Service, the Secretary of Agriculture,
acting through the Chief of the Forest Service, may enter into
agreements, including cost-share agreements, with cooperators for the
mutual benefit of the parties to the agreement for the following types
of activities:
(1) Developing, producing, publishing, distributing, or
selling education and interpretive materials and products.
(2) Developing, conducting, or selling educational and
interpretive programs and services.
(3) Constructing, maintaining, or improving facilities (not
under the jurisdiction, custody, or control of the
Administrator of General Services) on or in the vicinity of
National Forest System lands for the sale or distribution of
educational and interpretive materials, products, programs, and
services.
(4) Operating facilities, including providing the services of
Forest Service employees to staff facilities, in or on any
public or private building, facility, or land (not under the
jurisdiction, custody, or control of the Administrator of
General Services) for the sale or distribution of educational
materials, products, programs, and services pertaining to
National Forest System lands, private lands, and lands
administered by other public entities.
(5) Selling health and safety convenience products,
photography supplies, or other similar items, as determined by
the Secretary, on or in the vicinity of National Forest System
lands.
(6) Collecting funds from the sale of materials, products,
programs, and services on behalf of cooperators.
(7) Activities to restore and maintain the ecological
integrity and biodiversity of National Forest System lands.
(8) Watershed restoration and enhancement activities on
National Forest System lands, or on other lands that benefit
resources on National Forest System land within the same
watershed, for--
(A) protecting, restoring, and enhancing resources,
including fish and wildlife habitat; or
(B) reducing risk from natural disaster where public
safety is threatened.
(9) Such other cooperative activities as the Secretary
considers to be appropriate.
(b) Terms and Conditions.--The Secretary shall require such terms and
conditions in an agreement entered into under this section as the
Secretary considers to be necessary to protect the investments to be
made by the United States under the agreement, including terms related
to the ownership of any facilities or improvements constructed or
improved under such an agreement, and such additional terms and
conditions as are mutually agreed to by the Secretary and the
cooperator.
(c) Relation to Other Contract, Grant, and Agreement Requirements.--
The Secretary may enter into an agreement under this section
notwithstanding chapter 63 of title 31, United States Code.
SEC. 5. COST SHARING UNDER AGREEMENTS.
(a) Sharing of Costs.--The manner in which costs shall be shared
between the Secretary and a cooperator under an agreement entered into
under section 4, including the acceptance of in-kind contributions,
shall be provided for in terms and conditions imposed under subsection
(b) of such section in connection with the agreement. The Secretary
shall issue guidance for cost sharing with cooperators.
(b) Treatment of Contributions of Volunteers.--The value of services
performed by persons who volunteer their services to the Forest Service
and who are recruited, trained, and supported by a cooperator under an
agreement under section 4 may be considered an in-kind contribution of
the cooperator for purposes of cost sharing under subsection (a).
SEC. 6. TREATMENT OF FUNDS RECEIVED UNDER AGREEMENTS.
(a) Deposit of Funds.--Except as provided in subsection (b), all
monies received from a cooperator as contributions toward cooperative
activities under an agreement entered into under section 4 shall be--
(1) deposited in the Forest Service Cooperative Work Trust
Fund established pursuant to the penultimate paragraph under
the heading ``forest service'' in the Act of June 30, 1914 (16
U.S.C. 498), or the successor of that fund; and
(2) available to the Secretary, without further appropriation
and until expended, to carry out the agreement.
(b) Funds Collected on Behalf of Cooperator.--Funds collected under
an agreement entered into under section 4 from the sale of materials,
products, programs, and services on behalf of a cooperator, as
authorized by subsection (a)(6) of such section, are not the property
of the United States, and the Secretary shall forward such funds to the
cooperator.
(c) Advancement or Reimbursement of Funds.--In an agreement entered
into under section 4, the Secretary may advance or reimburse funds to a
cooperator from any Forest Service appropriation available for similar
work without regard to subsections (a) and (b) of section 3324 of title
31, United States Code, and may furnish or share supplies, facilities,
or equipment. The Secretary may advance funds under this subsection
only when the advancement represents the Secretary's share of costs of
activities or services under the agreement and the cooperator is not
obligated to reimburse the Secretary.
SEC. 7. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Educational Materials and Challenge Cost-Share Program.--The
thirteenth paragraph under the heading ``administrative provisions,
forest service'' in title II of the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105
Stat. 1018; 31 U.S.C. 6305 note), is repealed.
(b) Watershed Restoration and Enhancement Agreements.--Section 323 of
the Department of the Interior and Related Agencies Appropriations Act,
1999 (as contained in section 101(e) of division A of Public Law 105-
277; 112 Stat. 2681-290; 16 U.S.C. 1011 note), is repealed.
SEC. 8. REGULATIONS.
The Secretary shall issue such regulations as may be necessary to
accomplish the purposes of this Act.
SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHORIZED BY LAW.
Except in the case of the provisions of law repealed by section 7,
the authority of the Secretary to enter into agreements with
cooperators under section 4 is in addition to the authorities provided
the Secretary in any other provision of law, and nothing in this Act
shall be construed as limiting or modifying the authority of the
Secretary to enter into agreements otherwise authorized by law.
Purpose of the Bill
The purpose of H.R. 3818 is to authorize the Secretary of
Agriculture to enter into partnership agreements with entities
and local communities to encourage greater cooperation in the
administration of Forest Service activities on and near
National Forest System lands.
Background and Need for Legislation
The Forest Service has accumulated authorities for working
cooperatively, and at times the complex patchwork of existing
authorities has resulted in inconsistent interpretation and
time-consuming processes. In 2002, a Forest Service task force
determined that additional authorities were needed to clarify
and enhance the agency's ability to work with others to
leverage federal funds more efficiently. The task force
analysis resulted in development of H.R. 3818. The
Administration sent a similar bill to Congress in September
2004, but it was not introduced before the end of the 108th
Congress. H.R. 3818 provides clarification and updates
authorities to reflect new kinds of cooperative work
relationships.
H.R. 3818 would authorize the Secretary of Agriculture to
enter into mutual benefit agreements so that resources can be
more easily shared and costs leveraged. The Secretary could
enter into agreements with cooperators in which the parties
would share costs of activities or services otherwise
authorized by law. The Secretary may enter into agreements with
cooperators to enhance visitor awareness and knowledge, and for
various other purposes such as:
Developing, producing, publishing,
distributing, or selling education and interpretive
materials and products;
Developing, conducting, or selling
educational and interpretive programs and services;
Constructing, maintaining, or improving
facilities on or in the vicinity of National Forest
System lands for the sale or distribution of
educational and interpretive materials, products,
programs, and services;
Operating (and staffing) facilities in any
public or private building for the sale or distribution
of educational materials, products, programs, and
services;
Selling health and safety convenience
products, photography supplies, or other similar items
(as determined by the Secretary) on or in the vicinity
of National Forest System lands;
Collecting funds from the sale of materials,
products, programs, and services on behalf of
cooperators;
Restoring and maintaining ecological
integrity and biodiversity of National Forest System
lands;
Carrying out activities on National Forest
System lands or non-federal lands within a watershed,
for the protection, restoration, and enhancement of
resources, including fish and wildlife habitat.
The value of services performed by volunteers may be
considered an in-kind contribution. Cooperators would not be
required to provide matching contributions on a one-to-one
basis, or other preset formula. The intent is for cooperator's
contributions to be commensurate with the benefits gained.
Additionally, under the current challenge cost-share program,
requirements for advance payments limit participation by cash-
poor cooperators and those who otherwise cannot participate on
a reimbursable basis. Section 6(c) of the bill, relating to the
advancement or reimbursement of funds to a cooperator, would
address this practical concern.
The Forest Service has permanent authority to enter into
challenge cost-share agreements under a provision in the
Department of the Interior and Related Agencies Appropriations
Act, 1992. This provision would be repealed in section 8 of the
bill and replaced with the authority provided in section 4,
which would clarify the Forest Service's authority to enter
into cost-share agreements (formerly known as challenge-cost
share agreements).
The bill requires that the Secretary shall issue
regulations for implementation of the bill.
Committee Action
H.R. 3818 was introduced on September 15, 2005, by
Congressman Greg Walden (R-OR). The bill was primarily referred
to the Committee on Agriculture. The bill was additionally
referred to the Committee on Resources, and within the
Committee to the Subcommittee on Forests and Forest Health. On
September 27, 2005, the Subcommittee held a hearing on the
bill. On October 19, 2005, the Full Resources Committee met to
consider the bill. The Subcommittee was discharged from further
consideration of the bill by unanimous consent. Congressman
Walden offered an amendment in the nature of a substitute to
combine the watershed and enhancement agreements from section 7
into section 4. The amendment also contained technical
corrections requested by the Forest Service and a new finding.
It was adopted by unanimous consent, and the bill as amended
was then ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could change the timing of outlays and
thus would affect direct spending, but any change in the timing
of outlays would be ``negligible.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3818--Forest Service Partnership Enhancement Act of 2005
H.R. 3818 would expand the Forest Service's authority to
enter into agreements with nonfederal entities (state and local
governments, Indian tribes, or nonprofit organizations) to
perform certain activities on federal land administered by that
agency. (Funding for such agreements comes from annual
appropriations and, in some cases, from receipts from the sale
of timber on federal land.) H.R. 3818 would not change the
amount of funding that would be available to the Forest Service
to implement such agreements; however, it would allow the
agency to provide to such entities, in advance, its share of
costs. Relative to current law, which generally prohibits such
advance payments, that authority could accelerate spending of
funds that are currently available for cooperative projects on
land administered by the Forest Service. Any resulting change
in the timing of outlays would affect direct spending.
Based on information from the Forest Service, CBO expects
that the agency would provide advance payments only for
projects estimated to cost less than a few thousand dollars.
CBO estimates that the agency currently spends less than
$500,000 annually for such projects and that any resulting
changes in the timing of federal spending under the bill would
be negligible. Enacting H.R. 3818 would not affect revenues.
H.R. 3818 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Any costs incurred by state, local, or tribal governments to
participate in the partnership agreements authorized by this
bill would be incurred voluntarily.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, and
existing law in which no change is proposed is shown in roman):
TITLE II OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1992
* * * * * * *
DEPARTMENT OF AGRICULTURE
Forest Service
* * * * * * *
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
* * * * * * *
[Notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
Forest Service is authorized hereafter to negotiate and enter
into cooperative arrangements with public and private agencies,
organizations, institutions, and individuals to print
educational materials and to continue the Challenge Cost-Share
Program.]
* * * * * * *
----------
SECTION 323 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1999
(Division A of Public Law 105-277)
[Sec. 323. (a) Watershed Restoration and Enhancement
Agreements.--For each of fiscal years 2006 through 2011, to the
extent funds are otherwise available, appropriations for the
Forest Service may be used by the Secretary of Agriculture for
the purpose of entering into cooperative agreements with
willing Federal, tribal, State and local governments, private
and nonprofit entities and landowners for the protection,
restoration and enhancement of fish and wildlife habitat, and
other resources on public or private land, the reduction of
risk from natural disaster where public safety is threatened,
or a combination thereof or both that benefit these resources
within the watershed.
[(b) Direct and Indirect Watershed Agreements.--The Secretary
of Agriculture may enter into a watershed restoration and
enhancement agreement--
[(1) directly with a willing private landowner; or
[(2) indirectly through an agreement with a State,
local or tribal government or other public entity,
educational institution, or private nonprofit
organization.
[(c) Terms and Conditions.--In order for the Secretary to
enter into a watershed restoration and enhancement agreement--
[(1) the agreement shall--
[(A) include such terms and conditions
mutually agreed to by the Secretary and the
landowner, state or local government, or
private or nonprofit entity;
[(B) improve the viability of and otherwise
benefit the fish, wildlife, and other resources
on national forests lands within the watershed;
[(C) authorize the provision of technical
assistance by the Secretary in the planning of
management activities that will further the
purposes of the agreement;
[(D) provide for the sharing of costs of
implementing the agreement among the Federal
Government, the landowner(s), and other
entities, as mutually agreed on by the affected
interests; and
[(E) ensure that any expenditure by the
Secretary pursuant to the agreement is
determined by the Secretary to be in the public
interest; and
[(2) the Secretary may require such other terms and
conditions as are necessary to protect the public
investment on non-Federal lands, provided such terms
and conditions are mutually agreed to by the Secretary
and other landowners, State and local governments or
both.
[(d) Reporting Requirements.--Not later than December 31,
1999, the Secretary shall submit a report to the Committees on
Appropriations of the House and Senate, which contains--
[(1) A concise description of each project, including
the project purpose, location on federal and non-
federal land, key activities, and all parties to the
agreement.
[(2) the funding and/or other contributions provided
by each party for each project agreement.]