II 

109TH CONGRESS 

2D SESSION S. 2676 

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 land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Mr. CRAPO (for himself and Mrs. LINCOLN) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

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 land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Forest Service Partnership Enhancement Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; 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 Repeal of superseded authorities.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. 10. Extension of National Forest Foundation. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Forest Service, managing national for4 ests and grasslands covering 192,000,000 acres, 

5 plays an integral role in the protection, enhance6 ment, and conservation of the natural resources of 

7 the United States. 

8 (2) The Forest Service has a long history of 

9 successful cooperation with non-Federal entities in 

10 fulfilling all mission areas and responsibilities of the 

11 Forest Service. 

12 (3) Such cooperation is becoming increasingly 

13 more important in the research and development 

14 mission area of the Forest Service as the number of 

15 staff research scientists has declined from 985 sci16 entists in 1985 to only 486 scientists in 2005. To 

17 accomplish its research mission to meet current for18 estry challenges and ensure that forest managers 

19 have the latest science and technology to manage the 

20 National Forest System sustainably over the longVerDate Aug 31 2005 23:55 May 02, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2676.IS S2676

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1 term, it is critical that the Forest Service cooperate 

2 with other research organizations, including forestry 

3 schools, land-grant colleges and universities, and 

4 1890 institutions. 

5 (4) By expanding and clarifying Forest Service 

6 authorities to work with cooperators, the Forest 

7 Service can improve the ability of the Forest Service 

8 to administer National Forest System lands by in9 creasing local community involvement in collabo10 rative restoration and building the capacity of rural 

11 public land communities in fulfilling the Forest 

12 Service’s mission. 

13 (5) The Forest Service can benefit from maxi14 mizing use of existing authorities and establishing 

15 new authority to improve local community involve16 ment in, and support of, fulfilling the Forest Serv17 ice’s mission. 

18 (6) Encouraging conservation education will in19 crease public awareness of Forest Service programs 

20 and activities, will heighten public understanding of 

21 the need to sustain natural and cultural resources, 

22 and will promote public participation in the con23 servation of these resources. 

24 (7) Encouraging partnerships with public land 

25 communities will expedite the implementation of priVerDate Aug 31 2005 23:55 May 02, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2676.IS S2676

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1 ority restoration projects on National Forest System 

2 lands. 

3 (b) PURPOSES.—The purposes of this Act are— 

4 (1) to encourage agreements between the For5 est Service and cooperators to promote public aware6 ness and participation in the restoration and man7 agement of the resources and programs of the For8 est Service; 

9 (2) to affirm Congress’ support for agreements 

10 between the Forest Service and cooperators that fur11 ther the Forest Service’s mission by assisting the 

12 Forest Service in the administration of all Forest 

13 Service programs; 

14 (3) to clarify and create additional authority for 

15 the Forest Service to work with cooperators; and 

16 (4) to leverage Forest Service resources with 

17 the resources of cooperators. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) COOPERATOR.—The term ‘‘cooperator’’ 

21 means any Federal agency, State or local govern22 ment, tribal government, public or private agency, 

23 nonprofit organization, institution (including edu24 cational institution), small and local business, corVerDate Aug 31 2005 23:55 May 02, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2676.IS S2676

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1 poration, or other legal entity within the United 

2 States, or individual. 

3 (2) NATIONAL FOREST SYSTEM LANDS.—The 

4 term ‘‘National Forest System lands’’ means lands 

5 included in the National Forest System (as defined 

6 in section 11(a) of the Forest and Rangeland Re7 newable Resources Planning Act of 1974 (16 U.S.C. 

8 1609(a))). 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture, acting through the 

11 Chief of the Forest Service. 

12 (4) NONPROFIT ORGANIZATION.—The term 

13 ‘‘nonprofit organization’’ means any organization de14 scribed in section 501(c)(3) of the Internal Revenue 

15 Code of 1986 and exempt from tax under section 

16 501(a) of such Code. 

17 SEC. 4. AUTHORITY FOR FOREST SERVICE AGREEMENTS 

18 WITH COOPERATORS. 

19 (a) AGREEMENT AUTHORITY.—Using amounts ap20 propriated or otherwise made available for the Forest 

21 Service, the Secretary of Agriculture, acting through the 

22 Chief of the Forest Service, may enter into agreements, 

23 including cost-share agreements, with cooperators for the 

24 mutual benefit of the parties to the agreement for the fol25 lowing types of activities: 


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1 (1) Developing, producing, publishing, distrib2 uting, or selling education and interpretive materials 

3 and products. 

4 (2) Developing, conducting, or selling edu5 cational and interpretive programs and services. 

6 (3) Constructing, maintaining, or improving fa7 cilities (not under the jurisdiction, custody, or con8 trol of the Administrator of General Services) on or 

9 in the vicinity of National Forest System lands for 

10 the sale or distribution of educational and interpre11 tive materials, products, programs, and services. 

12 (4) Operating facilities, including providing the 

13 services of Forest Service employees to staff facili14 ties, in or on any public or private building, facility, 

15 or land (not under the jurisdiction, custody, or con16 trol of the Administrator of General Services) for 

17 the sale or distribution of educational materials, 

18 products, programs, and services pertaining to Na19 tional Forest System lands, private lands, and lands 

20 administered by other public entities. 

21 (5) Selling health and safety convenience prod22 ucts, photography supplies, or other similar items, 

23 as determined by the Secretary, on or in the vicinity 

24 of National Forest System lands. 


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1 (6) Collecting funds from the sale of materials, 

2 products, programs, and services on behalf of co3 operators. 

4 (7) Activities to restore and maintain the eco5 logical integrity and biodiversity of National Forest 

6 System lands. 

7 (8) Watershed restoration and enhancement ac8 tivities on National Forest System lands, or on other 

9 lands that benefit resources on National Forest Sys10 tem land within the same watershed, for— 

11 (A) protecting, restoring, and enhancing 

12 resources, including fish and wildlife habitat; or 

13 (B) reducing risk from natural disaster 

14 where public safety is threatened. 

15 (9) Such other cooperative activities as the Sec16 retary considers to be appropriate. 

17 (b) TERMS AND CONDITIONS.—The Secretary shall 

18 require such terms and conditions in an agreement en19 tered into under this section as the Secretary considers 

20 to be necessary to protect the investments to be made by 

21 the United States under the agreement, including terms 

22 related to the ownership of any facilities or improvements 

23 constructed or improved under such an agreement, and 

24 such additional terms and conditions as are mutually 

25 agreed to by the Secretary and the cooperator. 


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1 (c) RELATION TO OTHER CONTRACT, GRANT, AND

2 AGREEMENT REQUIREMENTS.—The Secretary may enter 

3 into an agreement under this section notwithstanding 

4 chapter 63 of title 31, United States Code. 

5 SEC. 5. COST SHARING UNDER AGREEMENTS. 

6 (a) SHARING OF COSTS.—The manner in which costs 

7 shall be shared between the Secretary and a cooperator 

8 under an agreement entered into under section 4, includ9 ing the acceptance of in-kind contributions, shall be pro10 vided for in terms and conditions imposed under sub11 section (b) of such section in connection with the agree12 ment. The Secretary shall issue guidance for cost sharing 

13 with cooperators. 

14 (b) TREATMENT OF CONTRIBUTIONS OF VOLUN15 TEERS.—The value of services performed by persons who 

16 volunteer their services to the Forest Service and who are 

17 recruited, trained, and supported by a cooperator under 

18 an agreement under section 4 may be considered an in19 kind contribution of the cooperator for purposes of cost 

20 sharing under subsection (a). 

21 SEC. 6. TREATMENT OF FUNDS RECEIVED UNDER AGREE22 MENTS. 

23 (a) DEPOSIT OF FUNDS.—Except as provided in sub24 section (b), all monies received from a cooperator as conVerDate Aug 31 2005 23:55 May 02, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2676.IS S2676

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1 tributions toward cooperative activities under an agree2 ment entered into under section 4 shall be— 

3 (1) deposited in the Forest Service Cooperative 

4 Work Trust Fund established pursuant to the penul5 timate paragraph under the heading ‘‘FOREST

6 SERVICE’’ in the Act of June 30, 1914 (16 U.S.C. 

7 498), or the successor of that fund; and 

8 (2) available to the Secretary, without further 

9 appropriation and until expended, to carry out the 

10 agreement. 

11 (b) FUNDS COLLECTED ON BEHALF OF COOP12 ERATOR.—Funds collected under an agreement entered 

13 into under section 4 from the sale of materials, products, 

14 programs, and services on behalf of a cooperator, as au15 thorized by subsection (a)(6) of such section, are not the 

16 property of the United States, and the Secretary shall for17 ward such funds to the cooperator. 

18 (c) ADVANCEMENT OR REIMBURSEMENT OF

19 FUNDS.—In an agreement entered into under section 4, 

20 the Secretary may advance or reimburse funds to a coop21 erator from any Forest Service appropriation available for 

22 similar work without regard to subsections (a) and (b) of 

23 section 3324 of title 31, United States Code, and may fur24 nish or share supplies, facilities, or equipment. The Sec25 retary may advance funds under this subsection only when 


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1 the advancement represents the Secretary’s share of costs 

2 of activities or services under the agreement and the coop3 erator is not obligated to reimburse the Secretary. 

4 SEC. 7. REPEAL OF SUPERSEDED AUTHORITIES. 

5 (a) EDUCATIONAL MATERIALS AND CHALLENGE

6 COST-SHARE PROGRAM.—The thirteenth paragraph 

7 under the heading ‘‘ADMINISTRATIVE PROVISIONS, 

8 FOREST SERVICE’’ in title II of the Department of the 

9 Interior and Related Agencies Appropriations Act, 1992 

10 (Public Law 102–154; 105 Stat. 1018; 31 U.S.C. 6305 

11 note), is repealed. 

12 (b) WATERSHED RESTORATION AND ENHANCEMENT

13 AGREEMENTS.—Section 323 of the Department of the In14 terior and Related Agencies Appropriations Act, 1999 (as 

15 contained in section 101(e) of division A of Public Law 

16 105–277; 112 Stat. 2681–290; 16 U.S.C. 1011 note), is 

17 repealed. 

18 SEC. 8. REGULATIONS. 

19 The Secretary shall issue such regulations as may be 

20 necessary to accomplish the purposes of this Act. 

21 SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHOR22 IZED BY LAW. 

23 Except in the case of the provisions of law repealed 

24 by section 7, the authority of the Secretary to enter into 

25 agreements with cooperators under section 4 is in addition 


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1 to the authorities provided the Secretary in any other pro2 vision of law, and nothing in this Act shall be construed 

3 as limiting or modifying the authority of the Secretary to 

4 enter into agreements otherwise authorized by law. 

5 SEC. 10. EXTENSION OF NATIONAL FOREST FOUNDATION. 

6 (a) BOARD OF DIRECTORS OF FOUNDATION.—Sec7 tion 403(a) of the National Forest Foundation Act (16 

8 U.S.C. 583j–1(a)) is amended— 

9 (1) in the first sentence, by striking ‘‘fifteen Di10 rectors’’ and inserting ‘‘30 Directors’’; and 

11 (2) by striking the second sentence. 

12 (b) CORPORATE POWERS AND OBLIGATIONS.—Sec13 tion 404(b) of the National Forest Foundation Act (16 

14 U.S.C. 583j–2(b)) is amended by striking ‘‘this para15 graph’’ and inserting ‘‘this section’’. 

16 (c) MATCHING FUNDS.—Section 405(b) of the Na17 tional Forest Foundation Act (16 U.S.C. 583j–3(b)) is 

18 amended by striking ‘‘1992’’ and inserting ‘‘2006’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 410(b) of the National Forest Foundation Act (16 U.S.C. 

21 583j–8(b)) is amended— 

22 (1) by striking ‘‘1992’’ and inserting ‘‘2006’’; 

23 (2) by striking ‘‘$1,000,000 annually’’; and 


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1 (3) by inserting ‘‘such sums as are necessary’’ 

2 before ‘‘to match’’. 

Æ 


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