[Senate Report 109-302]
[From the U.S. Government Publishing Office]
Calendar No. 545
109th Congress Report
SENATE
2d Session 109-302
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WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS ACT OF 2006
_______
July 31, 2006.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2003]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2003) to make permanent the authorization
for watershed restoration and enhancement agreements, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Watershed Restoration and Enhancement
Agreements Act of 2006''.
SEC. 2. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is
amended--
(1) in subsection (a), by striking ``each of fiscal years
2006 through 2011'' and inserting ``fiscal year 2006 and each
fiscal year thereafter'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Applicable Law.--Chapter 63 of title 31, United States Code,
shall not apply to--
``(1) a watershed restoration and enhancement agreement
entered into under this section; or
``(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1).''.
Purpose of the Measure
The purpose of S. 2003 is to make permanent the
authorization for watershed restoration and enhancement
agreements contained in section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011).
Background and Need
In 1998, Congress included language in the Fiscal Year 1999
Omnibus Appropriations Act to use appropriated Forest Service
funds for watershed restoration and enhancement agreements on
private or public lands that benefit the resources of National
Forest System lands. As a result, the Forest Service developed
a very successful cooperative conservation watershed
restoration program.
Congress originally authorized the program only through
fiscal year 2001. It reauthorized it in 2001 through fiscal
year 2005, and again last year through fiscal year 2011. S.
2003 would permanently authorize these agreements.
The projects authorized by these agreements have improved
watershed health and fish habitats through the control of
invasive species, culvert replacement, and other riparian zone
improvement projects. In addition to ecological restoration,
use of the authority has improved cooperative relationships
between the Forest Service, private land owners, State
agencies, and other Federal agencies.
Legislative History
S. 2003 was introduced on November 14, 2005, by Senator
Wyden. Section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011)
authorized the cooperative watershed program through fiscal
year 2001. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (P.L. 107-63)
reauthorized the program through fiscal year 2005. And section
343 of the Department of the Interior and Related Agencies
Appropriations Act, 2006 Interior Appropriations bill (P.L.
109-54) reauthorized the program through fiscal year 2011. The
Subcommittee on Public Lands and Forests held a hearing on May
10, 2006, on S. 2003. The Committee on Energy and Natural
Resources ordered S. 2003 favorably reported with an amendment
in the nature of a substitute on May 24, 2006.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 24, 2006, by a unanimous voice
vote of a quorum present recommends that the Senate pass S.
2003, if amended as described herein.
Committee Amendment
The Committee adopted an amendment in the nature of a
substitute that clarifies that the 1977 Federal Grant and
Cooperative Agreement Act shall not apply to the watershed
restoration and enhancement agreements carried out under the
authority granted by this Act or the cooperative agreement
authority granted by the first section of Public Law 94-148.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2 amends section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 as
previously amended, by striking `` each of fiscal years 2006
through 2011'' and inserting `` fiscal year 2006 and each
fiscal year thereafter.''
Subsection 2(d)--clarifies that Chapter 63 of Title 31,
United States Code (originally enacted as the 1977 Federal
Grant and Cooperative Agreement Act of 1977 shall not apply to
the watershed restoration and enhancement agreements carried
out under section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note;
Public Law 105-277), or the cooperative agreement authority
granted by the first section of Public Law 94-148 (16 U.S.C.
565a-1).
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 2003--Watershed Restoration and Enhancement Agreements Act of 2006
S. 2003 would make the authority of the Forest Service to
use appropriated funds to execute certain cooperative
agreements with nonfederal partners permanent. Those agreements
are used to facilitate watershed restoration projects on public
or private land. Under existing law, the authority to use
appropriations for this purpose will expire after fiscal year
2011. CBO estimates that enacting S. 2003, by itself, would
have no impact on the federal budget. The bill would not
authorize additional appropriations for watershed restoration
projects and would not affect revenues or direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director, Budget Analysis Division.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2003.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2003.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at a hearing on the bill on May 10,
2006, as follows:
Statement of Joel Holtrop, Deputy Chief for National Forest System,
Department of Agriculture
Mr. Chairman and members of the Subcommittee: Thank you for
the opportunity to appear before you today to provide the
Department's views on S. 2003--Watershed Restoration and
Enhancement Agreements Act of 2005. I am Joel Holtrop, Deputy
Chief for the National Forest System, USDA Forest Service.
s. 2003--watershed restoration and enhancement agreements act of 2005
This bill would amend Section 323 of the Department of the
Interior and Related Agencies Appropriations Act of 1999
(commonly referred to as the ``Wyden amendment''), to
permanently authorize the Secretary of Agriculture to use
Forest Service appropriations to enter into cooperative
watershed restoration and enhancement agreements with
governments or private nonprofit entities and landowners to
carry out activities on NFS lands or on non-Federal lands
within the same watersheds. Agreements are authorized for the
protection, restoration, and enhancement of fish and wildlife
habitat and other resources and/or the reduction of risk from
natural disaster on public or private land to benefit resources
in the watershed. The current authorization includes provisions
on terms and conditions regarding technical assistance, sharing
of costs, ensuring that expenditures are in the public
interest, and that the public investment on non-Federal lands
is protected.
The Department supports enactment of S. 2003, and would
like to work with the Subcommittee on a short amendment to
provide additional authority to more fully implement its
provisions.
The Forest Service has successfully used the Wyden
amendment since its original enactment and subsequent
reauthorizations. Benefits include improved, maintained and
protected ecosystem conditions through collaborative
administration and implementation of projects as well as
increased operational effectiveness and efficiency through
coordination of efforts, services, and products to accomplish
the highest priority work.
Of the many possible examples, work on the Siuslaw National
Forest in Oregon illustrates the benefits of working across
landscapes using this authority. Since 1998, the forest has
implemented 26 projects, leveraging $321,000 in Federal
investments with $387,000 in partner contributions to restore
floodplains, riparian areas, and estuaries; install in-stream
structures; monitor activities; and share information.
Strategic use of this tool has brought a tremendous benefit to
watersheds affecting National Forest System lands.
Two bills have been introduced in the 109th Congress that
contain similar language to this provision. Last September, the
Department testified in strong support of H.R. 3818, which
includes authority for watershed restoration and enhancement
agreements as part of a comprehensive Forest Service
partnership bill. H.R. 3818, entitled the ``Forest Service
Partnership Enhancement Act,'' was based on the
Administration's draft legislation transmitted to Congress
under the same title. A similar bill, also with the same title,
S. 2676, has recently been introduced by Senators Crapo and
Lincoln.
These bills contain authority--not included in S. 2003--
that would be important to the Forest Service's future success
to cooperatively carry out watershed restoration and
enhancement agreements. That authority clarifies that watershed
restoration and enhancement agreements are mutual benefit
agreements. While the Department supports enactment of S. 2003,
we would like the Subcommittee to consider the benefits of
providing express authority for mutual benefit agreements as
proposed by the Administration.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2003, as ordered 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):
DEPARTMENT OF INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 1999
(16 U.S.C. 1011; Public Law 105-277, Div. A, Sec. 101(e))
Sec. 323. (a) Watershed Restoration and Enhancement
Agreements.--For [each of fiscal years 2006 through 2011]
fiscal year 2006 and each fiscal year thereafter, 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.
* * * * * * *
(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 and 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 what 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) Applicable Law.--Chapter 63 of title 31, United States
Code, shall not apply to--
(1) a watershed restoration and enhancement agreement
entered into under this section; or
(2) an agreement entered into under the first section
of Public Law 94-148 (16 U.S.C. 565a-1).
[d] (e) 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.