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[House Report 109-325]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-325
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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           FOREST SERVICE PARTNERSHIP ENHANCEMENT ACT OF 2005

                                _______
                                

                December 6, 2005.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3818]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3818) 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 
lands, 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 AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Forest Service 
Partnership Enhancement Act of 2005''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and 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 Repeal of superseded authorities.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. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) The Forest Service, managing national forests and 
        grasslands covering 192,000,000 acres, plays an integral role 
        in the protection, enhancement, and conservation of the natural 
        resources of the United States.
          (2) The Forest Service has a long history of successful 
        cooperation with non-Federal entities in fulfilling all mission 
        areas and responsibilities of the Forest Service.
          (3) Such cooperation is becoming increasingly more important 
        in the research and development mission area of the Forest 
        Service as the number of staff research scientists has declined 
        from 985 scientists in 1985 to only 486 scientists in 2005. To 
        accomplish its research mission to meet current forestry 
        challenges and ensure that forest managers have the latest 
        science and technology to manage the National Forest System 
        sustainably over the long-term, it is critical that the Forest 
        Service cooperate with other research organizations, including 
        forestry schools, land-grant colleges and universities, and 
        1890 institutions.
          (4) By expanding and clarifying Forest Service authorities to 
        work with cooperators, the Forest Service can improve the 
        ability of the Forest Service to administer National Forest 
        System lands by increasing local community involvement in 
        collaborative restoration and building the capacity of rural 
        public land communities in fulfilling the Forest Service's 
        mission.
          (5) The Forest Service can benefit from maximizing use of 
        existing authorities and establishing new authority to improve 
        local community involvement in, and support of, fulfilling the 
        Forest Service's mission.
          (6) Encouraging conservation education will increase public 
        awareness of Forest Service programs and activities, will 
        heighten public understanding of the need to sustain natural 
        and cultural resources, and will promote public participation 
        in the conservation of these resources.
          (7) Encouraging partnerships with public land communities 
        will expedite the implementation of priority restoration 
        projects on National Forest System lands.
  (b) Purposes.--The purposes of this Act are--
          (1) to encourage agreements between the Forest Service and 
        cooperators to promote public awareness and participation in 
        the restoration and management of the resources and programs of 
        the Forest Service;
          (2) to affirm Congress' support for agreements between the 
        Forest Service and cooperators that further the Forest 
        Service's mission by assisting the Forest Service in the 
        administration of all Forest Service programs;
          (3) to clarify and create additional authority for the Forest 
        Service to work with cooperators; and
          (4) to leverage Forest Service resources with the resources 
        of cooperators.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Cooperator.--The term ``cooperator'' means any Federal 
        agency, State or local government, tribal government, public or 
        private agency, nonprofit organization, institution (including 
        educational institution), small and local business, 
        corporation, or other legal entity within the United States, or 
        individual.
          (2) National forest system lands.--The term ``National Forest 
        System lands'' means lands included in the National Forest 
        System (as defined in section 11(a) of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.
          (4) Nonprofit organization.--The term ``nonprofit 
        organization'' means any organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax under section 501(a) of such Code.

SEC. 4. AUTHORITY FOR FOREST SERVICE AGREEMENTS WITH COOPERATORS.

  (a) Agreement Authority.--Using amounts appropriated or otherwise 
made available for the Forest Service, the Secretary of Agriculture, 
acting through the Chief of the Forest Service, may enter into 
agreements, including cost-share agreements, with cooperators for the 
mutual benefit of the parties to the agreement for the following types 
of activities:
          (1) Developing, producing, publishing, distributing, or 
        selling education and interpretive materials and products.
          (2) Developing, conducting, or selling educational and 
        interpretive programs and services.
          (3) Constructing, maintaining, or improving facilities (not 
        under the jurisdiction, custody, or control of the 
        Administrator of General Services) on or in the vicinity of 
        National Forest System lands for the sale or distribution of 
        educational and interpretive materials, products, programs, and 
        services.
          (4) Operating facilities, including providing the services of 
        Forest Service employees to staff facilities, in or on any 
        public or private building, facility, or land (not under the 
        jurisdiction, custody, or control of the Administrator of 
        General Services) for the sale or distribution of educational 
        materials, products, programs, and services pertaining to 
        National Forest System lands, private lands, and lands 
        administered by other public entities.
          (5) Selling health and safety convenience products, 
        photography supplies, or other similar items, as determined by 
        the Secretary, on or in the vicinity of National Forest System 
        lands.
          (6) Collecting funds from the sale of materials, products, 
        programs, and services on behalf of cooperators.
          (7) Activities to restore and maintain the ecological 
        integrity and biodiversity of National Forest System lands.
          (8) Watershed restoration and enhancement activities on 
        National Forest System lands, or on other lands that benefit 
        resources on National Forest System land within the same 
        watershed, for--
                  (A) protecting, restoring, and enhancing resources, 
                including fish and wildlife habitat; or
                  (B) reducing risk from natural disaster where public 
                safety is threatened.
          (9) Such other cooperative activities as the Secretary 
        considers to be appropriate.
  (b) Terms and Conditions.--The Secretary shall require such terms and 
conditions in an agreement entered into under this section as the 
Secretary considers to be necessary to protect the investments to be 
made by the United States under the agreement, including terms related 
to the ownership of any facilities or improvements constructed or 
improved under such an agreement, and such additional terms and 
conditions as are mutually agreed to by the Secretary and the 
cooperator.
  (c) Relation to Other Contract, Grant, and Agreement Requirements.--
The Secretary may enter into an agreement under this section 
notwithstanding chapter 63 of title 31, United States Code.

SEC. 5. COST SHARING UNDER AGREEMENTS.

  (a) Sharing of Costs.--The manner in which costs shall be shared 
between the Secretary and a cooperator under an agreement entered into 
under section 4, including the acceptance of in-kind contributions, 
shall be provided for in terms and conditions imposed under subsection 
(b) of such section in connection with the agreement. The Secretary 
shall issue guidance for cost sharing with cooperators.
  (b) Treatment of Contributions of Volunteers.--The value of services 
performed by persons who volunteer their services to the Forest Service 
and who are recruited, trained, and supported by a cooperator under an 
agreement under section 4 may be considered an in-kind contribution of 
the cooperator for purposes of cost sharing under subsection (a).

SEC. 6. TREATMENT OF FUNDS RECEIVED UNDER AGREEMENTS.

  (a) Deposit of Funds.--Except as provided in subsection (b), all 
monies received from a cooperator as contributions toward cooperative 
activities under an agreement entered into under section 4 shall be--
          (1) deposited in the Forest Service Cooperative Work Trust 
        Fund established pursuant to the penultimate paragraph under 
        the heading ``forest service'' in the Act of June 30, 1914 (16 
        U.S.C. 498), or the successor of that fund; and
          (2) available to the Secretary, without further appropriation 
        and until expended, to carry out the agreement.
  (b) Funds Collected on Behalf of Cooperator.--Funds collected under 
an agreement entered into under section 4 from the sale of materials, 
products, programs, and services on behalf of a cooperator, as 
authorized by subsection (a)(6) of such section, are not the property 
of the United States, and the Secretary shall forward such funds to the 
cooperator.
  (c) Advancement or Reimbursement of Funds.--In an agreement entered 
into under section 4, the Secretary may advance or reimburse funds to a 
cooperator from any Forest Service appropriation available for similar 
work without regard to subsections (a) and (b) of section 3324 of title 
31, United States Code, and may furnish or share supplies, facilities, 
or equipment. The Secretary may advance funds under this subsection 
only when the advancement represents the Secretary's share of costs of 
activities or services under the agreement and the cooperator is not 
obligated to reimburse the Secretary.

SEC. 7. REPEAL OF SUPERSEDED AUTHORITIES.

  (a) Educational Materials and Challenge Cost-Share Program.--The 
thirteenth paragraph under the heading ``administrative provisions, 
forest service'' in title II of the Department of the Interior and 
Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105 
Stat. 1018; 31 U.S.C. 6305 note), is repealed.
  (b) Watershed Restoration and Enhancement Agreements.--Section 323 of 
the Department of the Interior and Related Agencies Appropriations Act, 
1999 (as contained in section 101(e) of division A of Public Law 105-
277; 112 Stat. 2681-290; 16 U.S.C. 1011 note), is repealed.

SEC. 8. REGULATIONS.

  The Secretary shall issue such regulations as may be necessary to 
accomplish the purposes of this Act.

SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHORIZED BY LAW.

  Except in the case of the provisions of law repealed by section 7, 
the authority of the Secretary to enter into agreements with 
cooperators under section 4 is in addition to the authorities provided 
the Secretary in any other provision of law, and nothing in this Act 
shall be construed as limiting or modifying the authority of the 
Secretary to enter into agreements otherwise authorized by law.

                          Purpose of the Bill

    The purpose of H.R. 3818 is 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 lands.

                  Background and Need for Legislation

    The Forest Service has accumulated authorities for working 
cooperatively, and at times the complex patchwork of existing 
authorities has resulted in inconsistent interpretation and 
time-consuming processes. In 2002, a Forest Service task force 
determined that additional authorities were needed to clarify 
and enhance the agency's ability to work with others to 
leverage federal funds more efficiently. The task force 
analysis resulted in development of H.R. 3818. The 
Administration sent a similar bill to Congress in September 
2004, but it was not introduced before the end of the 108th 
Congress. H.R. 3818 provides clarification and updates 
authorities to reflect new kinds of cooperative work 
relationships.
    H.R. 3818 would authorize the Secretary of Agriculture to 
enter into mutual benefit agreements so that resources can be 
more easily shared and costs leveraged. The Secretary could 
enter into agreements with cooperators in which the parties 
would share costs of activities or services otherwise 
authorized by law. The Secretary may enter into agreements with 
cooperators to enhance visitor awareness and knowledge, and for 
various other purposes such as:
           Developing, producing, publishing, 
        distributing, or selling education and interpretive 
        materials and products;
           Developing, conducting, or selling 
        educational and interpretive programs and services;
           Constructing, maintaining, or improving 
        facilities on or in the vicinity of National Forest 
        System lands for the sale or distribution of 
        educational and interpretive materials, products, 
        programs, and services;
           Operating (and staffing) facilities in any 
        public or private building for the sale or distribution 
        of educational materials, products, programs, and 
        services;
           Selling health and safety convenience 
        products, photography supplies, or other similar items 
        (as determined by the Secretary) on or in the vicinity 
        of National Forest System lands;
           Collecting funds from the sale of materials, 
        products, programs, and services on behalf of 
        cooperators;
           Restoring and maintaining ecological 
        integrity and biodiversity of National Forest System 
        lands;
           Carrying out activities on National Forest 
        System lands or non-federal lands within a watershed, 
        for the protection, restoration, and enhancement of 
        resources, including fish and wildlife habitat.
    The value of services performed by volunteers may be 
considered an in-kind contribution. Cooperators would not be 
required to provide matching contributions on a one-to-one 
basis, or other preset formula. The intent is for cooperator's 
contributions to be commensurate with the benefits gained. 
Additionally, under the current challenge cost-share program, 
requirements for advance payments limit participation by cash-
poor cooperators and those who otherwise cannot participate on 
a reimbursable basis. Section 6(c) of the bill, relating to the 
advancement or reimbursement of funds to a cooperator, would 
address this practical concern.
    The Forest Service has permanent authority to enter into 
challenge cost-share agreements under a provision in the 
Department of the Interior and Related Agencies Appropriations 
Act, 1992. This provision would be repealed in section 8 of the 
bill and replaced with the authority provided in section 4, 
which would clarify the Forest Service's authority to enter 
into cost-share agreements (formerly known as challenge-cost 
share agreements).
    The bill requires that the Secretary shall issue 
regulations for implementation of the bill.

                            Committee Action

    H.R. 3818 was introduced on September 15, 2005, by 
Congressman Greg Walden (R-OR). The bill was primarily referred 
to the Committee on Agriculture. The bill was additionally 
referred to the Committee on Resources, and within the 
Committee to the Subcommittee on Forests and Forest Health. On 
September 27, 2005, the Subcommittee held a hearing on the 
bill. On October 19, 2005, the Full Resources Committee met to 
consider the bill. The Subcommittee was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Walden offered an amendment in the nature of a substitute to 
combine the watershed and enhancement agreements from section 7 
into section 4. The amendment also contained technical 
corrections requested by the Forest Service and a new finding. 
It was adopted by unanimous consent, and the bill as amended 
was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 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, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill could change the timing of outlays and 
thus would affect direct spending, but any change in the timing 
of outlays would be ``negligible.''
    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. 3818--Forest Service Partnership Enhancement Act of 2005

    H.R. 3818 would expand the Forest Service's authority to 
enter into agreements with nonfederal entities (state and local 
governments, Indian tribes, or nonprofit organizations) to 
perform certain activities on federal land administered by that 
agency. (Funding for such agreements comes from annual 
appropriations and, in some cases, from receipts from the sale 
of timber on federal land.) H.R. 3818 would not change the 
amount of funding that would be available to the Forest Service 
to implement such agreements; however, it would allow the 
agency to provide to such entities, in advance, its share of 
costs. Relative to current law, which generally prohibits such 
advance payments, that authority could accelerate spending of 
funds that are currently available for cooperative projects on 
land administered by the Forest Service. Any resulting change 
in the timing of outlays would affect direct spending.
    Based on information from the Forest Service, CBO expects 
that the agency would provide advance payments only for 
projects estimated to cost less than a few thousand dollars. 
CBO estimates that the agency currently spends less than 
$500,000 annually for such projects and that any resulting 
changes in the timing of federal spending under the bill would 
be negligible. Enacting H.R. 3818 would not affect revenues.
    H.R. 3818 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 costs incurred by state, local, or tribal governments to 
participate in the partnership agreements authorized by this 
bill would be incurred voluntarily.
    The CBO staff contact for this estimate is Megan Carroll. 
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 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, and 
existing law in which no change is proposed is shown in roman):

    TITLE II OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
APPROPRIATIONS ACT, 1992

           *       *       *       *       *       *       *

                       DEPARTMENT OF AGRICULTURE

Forest Service

           *       *       *       *       *       *       *

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

           *       *       *       *       *       *       *

  [Notwithstanding the provisions of the Federal Grant and 
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
Forest Service is authorized hereafter to negotiate and enter 
into cooperative arrangements with public and private agencies, 
organizations, institutions, and individuals to print 
educational materials and to continue the Challenge Cost-Share 
Program.]

           *       *       *       *       *       *       *

                              ----------                              

  SECTION 323 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

                   (Division A of Public Law 105-277)

  [Sec. 323. (a) Watershed Restoration and Enhancement 
Agreements.--For each of fiscal years 2006 through 2011, 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.
  [(b) Direct and Indirect Watershed Agreements.--The Secretary 
of Agriculture may enter into a watershed restoration and 
enhancement agreement--
          [(1) directly with a willing private landowner; or
          [(2) indirectly through an agreement with a State, 
        local or tribal government or other public entity, 
        educational institution, or private nonprofit 
        organization.
  [(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 or 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 that 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) 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.]

                                  
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