Forest Service Cost Reduction and Efficiency Demonstration Act of 1997

Summary: Forest Service Cost Reduction and Efficiency Demonstration Act of 1997 - Establishes in the Office of the Secretary of Agriculture the National Forest System Efficiency Fund which shall be used to pay for Forest System contractor performance work.  Authorizes the Secretary to designate particular Forest System demonstration units. 
Exempts certain small contracts from specified contracting requirements. 
Authorizes a specified percentage of annual appropriations for use by regional Forest Service offices.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Service Cost Reduction and 
Efficiency Demonstration Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Budgetary reductions and project delays caused by 
        litigation have reduced certain levels of accomplishments and 
        resource outputs by the Forest Service in recent years, with 
        the result that many targets and goals of land and resource 
        management plans that were developed with years of public and 
        scientific input are not being met.
            (2) Certain staffing levels of the Forest Service have been 
        reduced in recent years, but not to the extent that related 
        accomplishments and resource outputs have been reduced.
            (3) Per unit costs and overhead of the Forest Service are 
        rising substantially.
            (4) Staffing reductions and retirements have cost the 
        Forest Service substantial expertise in certain technical and 
        scientific disciplines.
            (5) Technical and scientific expertise relevant to Forest 
        Service needs is available in the private sector.
            (6) Contractor performance of certain tasks would be less 
        costly than performing those tasks using Forest Service 
        personnel, would free agency personnel to devote their time to 
        necessary tasks now being left undone, and would provide the 
        Forest Service with the ability to maintain an on-demand 
        skilled workforce to meet changing demands on public lands.

SEC. 3. PURPOSE.

    The purpose of this Act is to implement Government reform, reduce 
costs, and increase efficiency in the Forest Service, which has been 
designated as a reinvention laboratory by the Vice President, and to 
demonstrate that contractor performance of certain Forest Service tasks 
can lower the cost, improve the efficiency, and increase the 
accomplishment of tasks necessary to achieve the targets, goals, and 
desired forest conditions established by final land and resource 
management plans developed as required by section 6 of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

SEC. 4. CONTRACTOR PERFORMANCE OF CERTAIN FOREST SERVICE TASKS.

    (a) Establishment of National Forest System Efficiency Fund.--There 
is established in the Office of the Secretary of Agriculture a fund to 
be known as the ``National Forest System Efficiency Fund'', which shall 
be available to the Secretary as provided in this section. The Fund 
shall consist of one percent of the amount appropriated for the 
National Forest System account of the Forest Service budget for each of 
the next three fiscal years beginning after the date of the enactment 
of this Act. No other funds are authorized to be appropriated to carry 
out this section.
    (b) Duration of Fund.--Amounts in the Fund are available for 
obligation during the three fiscal years referred to in subsection (a) 
and are available for expenditure until all obligations incurred under 
this section are paid.
    (c) Use of Fund for Contractor Performance.--Amounts in the Fund 
are available for obligation by units of the National Forest System to 
pay for the contractor performance of tasks related to the planning and 
implementation of programs and projects in the National Forest System. 
The total amount expended shall be distributed among the various 
resource fields in approximately the same proportions as the total 
National Forest System budget is distributed to the resource fields in 
appropriation Acts.
    (d) Application and Approval Process.--The Secretary of Agriculture 
shall provide for an efficient and timely system of application for, 
and approval of, the use of amounts in the Fund for the purpose 
specified in subsection (c). The Secretary may designate particular 
units of the National Forest System as special demonstration units for 
purposes of this section.
    (e) Exemption From Contracting Requirements for Small Contracts.--
In the case of a contract under $50,000 to be entered into under this 
section using amounts in the Fund, the preparation, solicitation, and 
award of the contract shall be exempt from--
            (1) the requirements of the Competition in Contracting Act 
        (41 U.S.C. 253 et seq.) and the implementing regulations in the 
        Federal Acquisition Regulation issued pursuant to section 25(c) 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        421(c)) and any departmental acquisition regulations; and
            (2) the notice and publication requirements in section 18 
        of such Act (41 U.S.C. 416) and section 8(e) of the Small 
        Business Act (15 U.S.C. 637(e)) and the implementing 
        regulations in the Federal Acquisition Regulations and any 
        departmental acquisition regulations.
    (f) Administrative Expenses.--A unit of the National Forest System 
entering into a contract under this section shall be permitted to 
receive from the Fund for credit to the unit's account for unit 
administration and overhead directly related to the contract an amount 
equal to not more than 20 percent of the contract price.
    (g) Use of Fund by Regional and National Offices.--Not more than 
five percent annually of amounts in the Fund may be used in connection 
with contracts entered into by regional offices of the Forest Service. 
None of the amounts in the Fund may be used in connection with 
contracts entered into by the national office of the Forest Service.
    (h) Retention of Decisionmaking Following Public Input.--Tasks 
related to planning and implementation of programs and projects 
requiring public input prior to decisionmaking may be contracted out in 
accordance with this section, except that the Secretary of Agriculture 
shall ensure that final consideration of public input and 
decisionmaking following that consideration is made by an appropriate 
officer of the Forest Service.
    (i) Reports to Congress.--Not later than six months after the end 
of each fiscal year during which amounts are expended from the Fund, 
the Secretary of Agriculture shall submit to Congress a report on the 
tasks undertaken during the preceding fiscal year pursuant to contracts 
entered into under this section. The report shall include information 
on costs saved as a result of using private contractors and the 
additional accomplishments of Forest Service employees during the time 
saved by using private contractors and recommendations for further 
expansion of the authority provided by this section.
    (j) Other Contracting Authorities.--This section shall not be 
construed as in any way eliminating, restricting, or replacing any 
other authority for the Secretary of Agriculture to contract out any 
tasks of the Forest Service. The Secretary shall continue to make use 
of other available contracting authority, including the use of 
expedited fire contracting procedures.