[House Report 109-490]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-490
HOUSE OF REPRESENTATIVES
2d Session Part 1
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RETENTION AND USE OF FOREST SERVICE MARINA PERMIT FEES FROM NATIONAL
FOREST SYSTEM UNITS DERIVED FROM THE PUBLIC DOMAIN
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June 7, 2006.--Ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4084]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4084) to amend the Forest Service use and occupancy
permit program to restore the authority of the Secretary of
Agriculture to utilize the special use permit fees collected by
the Secretary in connection with the establishment and
operation of marinas in units of the National Forest System
derived from the public domain, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 4084 is to amend the Forest Service use
and occupancy permit program to restore the authority of the
Secretary of Agriculture to utilize the special use permit fees
collected by the Secretary in connection with the establishment
and operation of marinas in units of the National Forest System
derived from the public domain, and for other purposes.
Background and Need for Legislation
H.R. 4084 would amend the Act of March 4, 1915 (16 U.S.C.
497). This Act authorizes most U.S. Forest Service long-term
permits for hotels, resorts, stores, marinas and facilities for
industrial, commercial, education or public purposes. Generally
speaking, such permits are 20 years or more in duration. The
bill would allow permit fees associated with marinas to be
retained by the local Forest Service and used for the
maintenance and management of those facilities. This long-
standing Forest Service authority was inadvertently repealed by
the 108th Congress. H.R. 4084 would reinstate it.
Committee Action
H.R. 4084 was introduced on October 19, 2005, by
Congressman Wally Herger (R-CA). The bill was primarily
referred to the Committee on Agriculture, and additionally
referred to the Committee on Resources. Within the Resources
Committee, the bill was referred to the Subcommittee on Forests
and Forest Health. On October 27, 2005, the Subcommittee held a
hearing on the bill. On March 29, 2006, the Full Resources
Committee met to consider the bill. The Subcommittee was
discharged from further consideration of the bill by unanimous
consent. No amendments were offered and the bill was 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,
enacting H.R. 4084 would increase direct spending by about $1
million per year.
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. 4084--A bill to amend the Forest Service use and occupancy permit
program to restore the authority of the Secretary of
Agriculture to utilize the special use permit fees collected by
the Secretary in connection with the establishment and
operation of marinas in units of the National Forest System
derived from the public domain
H.R. 4084 would authorize the Secretary of Agriculture to
spend without further appropriation any special-use fees
collected from marinas operated in national forests. Based on
information provided by the Forest Service, CBO estimates that
enacting H.R. 4084 would increase direct spending by about $1
million annually beginning in fiscal year 2007.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no significant costs on state, local, or tribal
governments.
H.R. 4084 would direct that offsetting receipts collected
from special-use fees imposed on marina operators be deposited
into an existing Forest Service special account for recreation
management. The receipts would be used primarily for visitor
and recreational activities. Under existing law, such
offsetting receipts--about $1.3 million annually--are deposited
into the National Forest Fund, and 25 percent of the amounts
deposited each year are paid without further appropriation to
states with national forest land. Based on information provided
by the Forest Service, we assume that, under H.R. 4084, the
agency would no longer make those payments.
The CBO staff contact for this estimate is Deborah Reis.
The 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, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF MARCH 4, 1915
CHAP. 144. AN ACT Making appropriations for the Department of
Agriculture for the fiscal year ending June thirtieth, nineteen hundred
and sixteen.
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FOREST SERVICE
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[The Secretary of Agriculture]
(A) Permits for Use and Occupancy of National Forest System
Lands.--The Secretary of Agriculture is authorized, under such
regulations as he may make and upon such terms and conditions
as he may deem proper, (a) to permit the use and occupancy of
suitable areas of land within the national forests, not
exceeding eighty acres and for periods not exceeding thirty
years, for the purpose of constructing or maintaining hotels,
resorts, and any other structures or facilities necessary or
desirable for recreation, public convenience, or safety; (b) to
permit the use and occupancy of suitable areas of land within
the national forests, not exceeding five acres and for periods
not exceeding thirty years, for the purpose of constructing or
maintaining summer homes and stores; (c) to permt the use and
occupancy of suitable areas of land within the national forest,
not exceeding eighty acres and for periods not exceeding thirty
years, for the purpose of constructing or maintaining
buildings, structures, and facilities for industrial or
commercial purposes whenever such use is related to or
consistent with other uses on the national forests; (d) to
permit any State or political subdivision thereof, or any
public or nonprofit agency, to use and occupy suitable areas of
land within the national forests not exceeding eighty acres and
for periods not exceeding thirty years, for the purpose of
constructing or maintaining any buildings, structures, or
facilities necessary or desirable-for education or for any
public use or in connection with any public activity. [The
authority]
(B) Limitation on Use of Permits.--The authority provided by
this paragraph shall be exercised in such manner as not to
preclude the general public from full enjoyment of the natural,
scenic, recreational, and other aspects of the national
forests.
(C) Special Rules Regarding Marina Permits.--Amounts
collected in connection with the issuance of a special use
permit under this paragraph for a marina at a unit of the
National Forest System derived from the public domain shall be
deposited in an existing special account in the Treasury
established for the Secretary of Agriculture for recreation
management purposes. Amounts so deposited shall be available to
the Secretary of Agriculture, until expended and without
further appropriation, for repair, maintenance, and facility
enhancement related directly to visitor enjoyment, visitor
access, and health and safety, for interpretation, visitor
information, visitor service, visitor needs assessments, and
signs, for habitat restoration directly related to wildlife-
dependent recreation that is limited to hunting, fishing,
wildlife observation, or photography, for law enforcement
related to public use and recreation, and for direct operating
or capital costs associated with the issuance of such special
use permits, including any fee management agreement or
reservation service used in the issuance of such permits. The
Secretary may not use such amounts for biological monitoring
for listed or candidate species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.). Not less than 80 percent
of the permit fees collected at a specific unit of the National
Forest System shall be expended for that unit, but the
Secretary may transfer up to 20 percent of such fees to
appropriations available to enhance recreation opportunities at
other units of the National Forest System.
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