49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–558 

NATURAL RESOURCE PROTECTION COOPERATIVE 

AGREEMENT ACT 

JULY 13, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4294] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 4294) to authorize the Secretary of the Interior to enter into 

cooperative agreements to protect natural resources of units of the 

National Park System through collaborative efforts on land inside 

and outside of units of the National Park System, 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: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Natural Resource Protection Cooperative Agreement 

Act’’. 

SEC. 2. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL RESOURCE PROTECTION. 

(a) IN GENERAL.—The Secretary of the Interior (referred to in this Act as the ‘‘Secretary’’) may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private 

nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of units of the National Park System through collaborative 

efforts on land inside and outside of National Park System units. 

(b) TERMS AND CONDITIONS.—A cooperative agreement entered into under subsection (a) shall provide clear and direct benefits to park natural resources and— 

(1) provide for— 

(A) the preservation, conservation, and restoration of coastal and riparian 

systems, watersheds, and wetlands; 


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(B) preventing, controlling, or eradicating invasive exotic species that are 

within a unit of the National Park System or adjacent to a unit of the National Park System; or 

(C) restoration of natural resources, including native wildlife habitat or 

ecosystems; 

(2) include a statement of purpose demonstrating how the agreement will— 

(A) enhance science-based natural resource stewardship at the unit of the 

National Park System; and 

(B) benefit the parties to the agreement; 

(3) specify any staff required and technical assistance to be provided by the 

Secretary or other parties to the agreement in support of activities inside and 

outside the unit of the National Park System that will— 

(A) protect natural resources of the unit of the National Park System; 

and 

(B) benefit the parties to the agreement; 

(4) identify any materials, supplies, or equipment and any other resources 

that will be contributed by the parties to the agreement or by other Federal 

agencies; 

(5) describe any financial assistance to be provided by the Secretary or the 

partners to implement the agreement; 

(6) ensure that any expenditure by the Secretary pursuant to the agreement 

is determined by the Secretary to support the purposes of natural resource 

stewardship at a unit of the National Park System; and 

(7) include such other terms and conditions as are agreed to by the Secretary 

and the other parties to the agreement. 

(c) LIMITATIONS.—The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary 

for the completion of projects or activities identified in the agreement. 

(d) FUNDING.—Funds available to carry out the provisions of this Act shall be limited to programs and amounts specified in the statute for such use in the annual 

appropriation Act for the National Park Service. 

PURPOSE OF THE BILL

The purpose of H.R. 4294 is to authorize the Secretary of Interior 

to enter into cooperative agreements to protect natural resources of 

units of the National park System through collaborative efforts on 

land inside and outside of units of the National Park System, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Government Accountability Office recently reported that the 

National Park Service (NPS) is the only major federal land management agency that does not have the authority to expend resources outside its boundaries when there is a benefit to the natural resources within the boundaries of these lands. If enacted, 

H.R. 4294 will authorize the NPS to enter into agreements that 

constitute clear and direct benefits to the NPS. Two specific benefits could result from enactment of H.R. 4294: (1) organizations and 

private landowners would be allowed to work with the NPS for conservation and restoration of park lands; and (2) it would allow, for 

example, the NPS to prevent and control the spread of invasive 

species such as salt cedar, fountain grass, and tall whitetop before 

they spread into NPS lands. 

COMMITTEE ACTION

H.R. 4294 was introduced on November 10, 2005, by Congressman Jon C. Porter (R–NV). The bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

National Parks. On June 21, 2006, the Full Resources Committee 


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met to consider the bill, at which time the Subcommittee on National Parks was discharged from further consideration of the bill. 

Congressman Stevan Pearce (R–NM) offered an amendment in the 

nature of a substitute that would add ‘‘other Federal agencies’’ to 

those who may enter into cooperative agreements with the National Park Service. The amendment was adopted by unanimous 

consent. The bill, as amended, was then ordered favorably reported 

to the House of Representatives by unanimous consent. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 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, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

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. 4294—Natural Resources Protection Cooperative Agreement 

Act 

H.R. 4294 would authorize the National Park Service (NPS) to 

enter into cooperative agreements with nonfederal partners to protect natural resources inside and outside of units of the National 

Park System. Currently, the agency may only execute such agreements for resource protection on nonfederal property if specifically 

authorized by the Congress to do so. Potential partners would include federal, state, local, and tribal government agencies, nonprofit organizations, and private landowners. 

CBO estimates that funding cooperative agreements on nonfederal land would add a few million dollars to the NPS operating 

budget of around $1.7 billion annually. The NPS has identified over 

60 parks units that could benefit from projects carried out under 

cooperative agreements, but CBO expects that few such projects 

would cost more than $50,000. Typical projects could involve weed 

control on state or private property outside park boundaries, fence 

construction on shared borders, or joint surveys of local wetlands 

or habitat. In all cases, spending under cooperative agreements 


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would depend on the availability of appropriated funds. Enacting 

H.R. 4294 would not affect revenues or direct spending. 

H.R. 4294 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. Any participation by nonfederal partners under cooperative agreements would 

be voluntary. 

On March 17, 2006, CBO transmitted a cost estimate for S. 1288, 

the Natural Resources Protection Cooperative Agreement Act, as 

ordered reported by the Senate Committee on Energy and Natural 

Resources on March 8, 2006. S. 1288 and H.R. 4294 are very similar, and the estimated costs of the two versions of the legislation 

are identical. 

The CBO staff contact for this estimate is Deborah Reis. This 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

If enacted, this bill would make no changes to existing law. 

Æ 


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