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[House Report 114-138]
[From the U.S. Government Publishing Office]

114th Congress   }                                        {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                        {     114-138

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         NATIONAL FOREST FOUNDATION REAUTHORIZATION ACT OF 2015

                                _______
                                

  June 4, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Conaway, from the Committee on Agriculture, submitted the following

                              R E P O R T

                        [To accompany H.R. 2394]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 2394) to reauthorize the National Forest Foundation Act, 
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:
  At the end of section 2, add the following new subsection:

  (c) Technical Corrections.--
          (1) Agent.--Section 404(b) of the National Forest 
        Foundation Act (16 U.S.C. 583j-2(b)) is amended by 
        striking ``under this paragraph'' and inserting ``by 
        subsection (a)(4)''.
          (2) Annual report.--Section 407(b) of the National 
        Forest Foundation Act (16 U.S.C. 583j-5(b)) is amended 
        by striking the comma after ``The Foundation shall''.

                           Brief Explanation

    The National Forest Foundation Reauthorization Act of 2015, 
H.R. 2394, amends the National Forest Foundation Act to extend 
the authorization of the National Forest Foundation through 
fiscal year 2018.

                           Purpose and Needs

    The National Forest Foundation was created by Congressional 
Charter in 1993 with a discretionary authorization of $1 
million per year for a period of five years. The Foundation 
uses federal dollars as a match for private donations to 
restore and enhance our national forests and grasslands. Since 
its charter, the Foundation has been essential in helping meet 
the challenges the National Forest System faces.
    The National Forestry Foundation has been consistently 
funded through the appropriations process despite an expired 
authorization. The bill reauthorizes the authority for 
discretionary funding at $3 million per year, which is 
consistent with the funding it has received in recent years.
    Under the authority of the National Forest Foundation Act, 
the Foundation is legally obligated to obtain private 
contributions to match federal dollars on a one-to-one basis. 
Federal funds have been leveraged by additional resources at an 
overall ratio of 4.3 to 1.
    The Foundation uses private and federal dollars to support 
our nations great forests in a variety of ways. These include 
planting trees, preserving wildlife habitat, surveying streams, 
restoring and maintaining trails, among other activities.
    This authority will expire at the end of FY 2018 making the 
program consistent with most farm bill forestry programs in the 
Agricultural Act of 2014.

               Section-by-Section Analysis of Legislation

Section 1. Short title

    Section 1 of the bill designates the title of the bill as 
the ``National Forest Foundation Reauthorization Act of 2015.''

Section 2. National Forest Foundation Act reauthorization

    Section 2 reauthorizes the National Forest Foundation Act 
which had been expired. Subsection (a) extends the authority 
for Forest Service to provide matching funds for administrative 
projects for fiscal years 2016 through 2018. Subsection (b) 
extends the authority for authorization of appropriations at a 
level of $3 million a year for each of the fiscal years 2016 
through 2018. The previous authorization level was $1 million a 
year.

                        Committee Consideration

                              I. HEARINGS

    No hearings were held by the Committee on the National 
Forest Foundation Reauthorization Act of 2015.

                           II. FULL COMMITTEE

    The Committee on Agriculture met, pursuant to notice, with 
a quorum present, on May 20, 2015, to consider H.R. 2394, the 
National Forest Foundation Reauthorization Act of 2015.
    H.R. 2394 was placed before the Committee for 
consideration. Without objection, a first reading of the bill 
was waived and it was open to amendment at any point.
    Chairman Conaway, Mr. Peterson, and Mr. Thompson were 
recognized for statements. Chairman Conaway recognized Mr. 
Peterson to offer and explain his amendment to clarify an 
internal reference and remove a comma. The Peterson amendment 
was adopted by a voice vote.
    Mr. Peterson was then recognized to offer a motion that the 
bill H.R. 2394 be reported, as amended, favorably to the House 
with recommendation that it do pass. The motion was 
subsequently approved by voice vote.
    At the conclusion of the meeting, Chairman Conaway advised 
Members that pursuant to the rules of the House of 
Representatives Members had until May 22, 2015 to file any 
supplemental, minority, additional, or dissenting views with 
the Committee.
    Without objection, staff was given permission to make any 
necessary clerical, technical or conforming changes to reflect 
the intent of the Committee. Chairman Conaway thanked all the 
Members and adjourned the meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 2394 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Agriculture's 
oversight findings and recommendations are reflected in the 
body of this report.

           Budget Act Compliance (Sections 308, 402, and 423)

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 2015.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2394, the National 
Forest Foundation Reauthorization Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2394--National Forest Foundation Reauthorization Act of 2015

    Summary: H.R. 2394 would authorize the appropriation of $3 
million a year through 2018 to support the National Forest 
Foundation. The foundation is a nonprofit corporation 
established by federal law that awards grants to maintain 
recreational resources, such as trails, and to restore 
watersheds, wildlife habitats, and plant species within 
national forests and grasslands. The foundation also carries 
out activities to educate individuals about the National Forest 
System.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $9 
million over the 2016-2018 period. Because enacting H.R. 2394 
would not affect direct spending or revenues, pay-as-you-go 
procedures do not apply.
    H.R. 2394 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary effect of H.R. 2394 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For this estimate, CBO assumes that the bill will be 
enacted in 2015 and that the authorized amounts will be 
appropriated for each fiscal year. Estimated outlays are based 
on historical spending patterns for grants to the National 
Forest Foundation.

----------------------------------------------------------------------------------------------------------------
                                                                 By Fiscal Year, in Millions of Dollars--
                                                         -------------------------------------------------------
                                                            2016     2017     2018     2019     2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa
 
Authorization Level.....................................        3        3        3        0        0         9
Estimated Outlays.......................................        3        3        3        0        0        9
----------------------------------------------------------------------------------------------------------------
aIn 2015, the National Forest Foundation received an appropriation of $3 million.

    Intergovernmental and private-sector impact: H.R. 2394 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: J'nell Blanco Suchy; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
reauthorize the National Forest Foundation.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

  Earmark Statement Required by Clause 9 of Rule XXI of the Rules of 
                        House of Representatives

    H.R. 2394 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the 
House Representatives.

                    Duplication of Federal Programs

    This bill does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee does not believe that the legislation directs 
an executive branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

         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, and existing law in which no 
change is proposed is shown in roman):

                     NATIONAL FOREST FOUNDATION ACT

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TITLE IV--FOREST FOUNDATION

           *       *       *       *       *       *       *

SEC. 404. CORPORATE POWERS AND OBLIGATIONS.

  (a) In General.--The Foundation--
          (1) shall have perpetual succession;
          (2) may conduct business throughout the several 
        States, territories, and possessions of the United 
        States and in foreign countries;
          (3) shall have its principal offices in the 
        Washington, D.C. metropolitan area; and
          (4) shall at all times maintain a designated agent in 
        the District of Columbia authorized to accept service 
        of process for the Foundation.
  (b) Notice and Service of Process.--The serving of notice to, 
or service of process upon, the agent required [under this 
paragraph] by subsection (a)(4), or mailed to the business 
address of such agent, shall be deemed as service upon or 
notice to the Foundation.
  (c) Seal.---The Foundation shall have an official seal 
selected by the Board which shall be judicially noticed.
  (d) Powers.--To carry out its purposes, the Foundation shall 
have, in addition to powers otherwise authorized under this 
title, the usual powers of a corporation in the District of 
Columbia, including the power to--
          (1) accept, receive, solicit, hold, administer and 
        use any gift, devise, or bequest, either absolutely or 
        in trust, or real or personal property or any income 
        therefrom or other interest therein;
          (2) acquire by donation, gift, devise, purchase or 
        exchange any real or personal property or interest 
        therein;
          (3) unless otherwise required by the instrument of 
        transfer, sell, donate, lease, invest, reinvest, retain 
        or otherwise dispose of any property or income 
        therefrom;
          (4) borrow money and issue bonds, debentures, or 
        other debt instruments;
          (5) sue and be sued, and complain and defend itself 
        in any court of competent jurisdiction (except that the 
        Directors of the Board shall not be personally liable, 
        except for gross negligence);
          (6) enter into contracts or other arrangements with 
        public agencies, private organizations, and persons and 
        to make such payments as may be necessary to carry out 
        the purposes thereof; and
          (7) do any and all acts necessary and proper to carry 
        out the purposes of the Foundation.
  (e) Property.--(1) The Foundation may acquire, hold and 
dispose of lands, waters, or other interests in real property 
by donation, gift, devise, purchase or exchange. For the 
purposes of this title, an interest in real property shall 
include, but not be limited to, mineral and water rights, 
rights of way, and easements appurtenant or in gross. A gift, 
devise, or bequest may be accepted by the Foundation even 
though it is encumbered, restricted, or subject to beneficial 
interests of private persons if any current or future interest 
therein is for the benefit of the Foundation.
          (2) No lands or waters, or interests therein, that 
        are owned by the Foundation and are determined by the 
        Chief of the United States Forest Service to be 
        valuable for purposes established in this title shall 
        be subject to condemnation by any State or political 
        subdivision, or any agent or instrumentality thereof.
          (3) The Foundation and any income or property 
        received or owned by it, and all transactions relating 
        to such income or property, shall be exempt from all 
        Federal, State, and local taxation with respect 
        thereto.
          (4) Contributions, gifts, and other transfers made to 
        or for the use of the Foundation shall be treated as 
        contributions, gifts, or transfers to an organization 
        exempt from taxation under section 501(c)(3)of the 
        Internal Revenue Code of 1986.

SEC. 405. ADMINISTRATIVE SERVICES AND SUPPORT.

  (a) Startup Funds.--For purposes of assisting the Foundation 
in establishing an office and meeting initial administrative, 
project, and other startup expenses, the Secretary is 
authorized to provide to the Foundation $500,000, from funds 
appropriated pursuant to section 410(a), per year for the two 
years beginning October 1, 1992. Such funds shall remain 
available to the Foundation until they are expended for 
authorized purposes.
  (b) Matching Funds.--In addition to the startup funds 
provided under subsection (a) of this section, [for a period of 
five years beginning October 1, 1992] during fiscal years 2016 
through 2018, the Secretary is authorized to provide matching 
funds for administrative and project expenses incurred by the 
Foundation as authorized by section 410(b) of this title 
including reimbursement of expenses under section 403, not to 
exceed then current Federal Government per diem rates.
  (c) Administrative Expenses.--At any time, the Secretary may 
provide the Foundation use of Department of Agriculture 
personnel, facilities, and equipment, with partial or no 
reimbursement, with such limitations and on such terms and 
conditions as the Secretary shall establish.

           *       *       *       *       *       *       *

SEC. 407. AUDITS AND REPORT REQUIREMENTS.

  (a) Audits.--For purposes of the Act entitled ``An Act for 
audit of accounts of private corporations established under 
Federal law,'' approved August 30, 1964 (36 U.S.C. 1101 through 
1103; Public Law88-504) the Foundation shall be treated as a 
private corporation established under Federal law.
  (b) Annual Reports.--The Foundation shall[,] transmit each 
year to Congress a report of its proceedings and activities of 
the previous year, including a full and complete statement of 
its receipts, expenditures, and investments.

           *       *       *       *       *       *       *

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

  (a) Start-Up Funds.--For the purposes of section 405 of this 
title, there are authorized to be appropriated $1,000,000.
  (b) Matching Funds.--For the purposes of section 405 of this 
title, [during the five-year period beginning October 1, 1992, 
there are authorized to be appropriated $1,000,000 annually] 
there are authorized to be appropriated $3,000,000 for each of 
fiscal years 2016 through 2018 to the Secretary of Agriculture 
to be made available to the Foundation to match, on a one-for-
one basis, private contributions made to the Foundation.

           *       *       *       *       *       *       *

                                  [all]
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