I 

108TH CONGRESS 

2D SESSION H. R. 5120 

To improve the operation and utilization of the United States National 

Arboretum in the District of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2004 

Mr. DOOLEY of California (for himself and Mr. FRELINGHUYSEN) introduced 

the following bill; which was referred to the Committee on Agriculture 

A BILL 

To improve the operation and utilization of the United States 

National Arboretum in the District of Columbia, 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. 

4 This Act may be cited as the ‘‘U.S. National Arbo5 retum Appreciation Act of 2004’’. 

6 SEC. 2. PARTNERING AGREEMENTS TO EXPAND OPER7 ATION AND USE OF UNITED STATES NA8 TIONAL ARBORETUM. 

9 (a) FINDINGS.—Congress finds the following: 
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1 (1) The United States National Arboretum, 

2 which is located in the District of Columbia and is 

3 operated by the Agriculture Research Service of the 

4 Department of Agriculture, is nationally and inter5 nationally recognized for its outstanding research 

6 and public education contributions. 

7 (2) However, the National Arboretum has been 

8 under-utilized by the public, thereby creating a need 

9 for greater visibility, awareness, and use of the Na10 tional Arboretum. 

11 (3) Expanded use of the National Arboretum 

12 would bring increased financial support, public rec13 ognition, and appreciation of the facility and its re14 search and education functions. 

15 (4) The Friends of the National Arboretum is 

16 a private nonprofit organization whose mission is 

17 solely the support and promotion of the National Ar18 boretum. 

19 (5) A congressional oversight hearing in 2003 

20 highlighted the bipartisan consensus for greater out21 reach and fund-raising events to be conducted at the 

22 National Arboretum through the Friends of the Na23 tional Arboretum. 

24 (6) At a time of extreme budget constraints, 

25 many Federal agencies are permitting the use of 
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1 their buildings and facilities for private functions 

2 and special events that raise funds to supplement 

3 appropriated funds. 

4 (7) Despite encouragement from Congress, the 

5 Secretary of Agriculture has not taken adequate 

6 steps to improve the accessibility and use of the Na7 tional Arboretum. 

8 (b) PARTNERING AGREEMENT WITH THE FRIENDS

9 OF THE NATIONAL ARBORETUM.—Not later than 30 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Agriculture shall enter into a contract with the Friends 

12 of the National Arboretum, either through a sole-source 

13 contract or other method, to authorize the Friends of the 

14 National Arboretum to act as agent of the Department 

15 of Agriculture for the purpose of— 

16 (1) allowing the use of the grounds and facili17 ties of the National Arboretum by private persons 

18 and entities; 

19 (2) providing services related to planning and 

20 overseeing special events at the National Arboretum; 

21 and 

22 (3) making such other arrangements as appro23 priate for the private use of the National Arboretum. 

24 (c) ADDITIONAL CONTRACT AUTHORITY.—The Sec25 retary of Agriculture may enter into contracts with other 
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1 persons or entities for the private use of the grounds and 

2 facilities of the National Arboretum so long as such con3 tracts do not conflict with the contract with the Friends 

4 of the National Arboretum. 

5 (d) EFFECT OF FAILURE TO COMPLY.—If the con6 tract required by subsection (b) is not entered into by the 

7 end of the 30-day period specified in such subsection, the 

8 contract proposal submitted to the Department of Agri9 culture by the Friends of the National Arboretum on Jan10 uary 13, 2004, shall be deemed to be a legal and binding 

11 sole-source contract between the Secretary of Agriculture 

12 and the Friends of the National Arboretum for a period 

13 of five years, effective beginning at the end of such 30- 

14 day period. The Secretary shall publish a copy of the con15 tract proposal in the Federal Register as soon as prac16 ticable after the contract proposal takes legal effect pursu17 ant to this subsection. The contract proposal may be 

18 amended or extended by the mutual agreement of the par19 ties. 

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