I
105TH CONGRESS
1ST SESSION
H. R. 2127
To reduce costs and improve efficiency of Forest Service operations by con-
tracting out certain tasks related to the planning and implementation
of programs and projects in the National Forest System.
IN THE HOUSE OF REPRESENTATIVES
JULY 9, 1997
Mr. RIGGS introduced the following bill; which was referred to the Committee
on Agriculture
A BILL
To reduce costs and improve efficiency of Forest Service
operations by contracting out certain tasks related to
the planning and implementation of programs and
projects in the National Forest System.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Forest Service Cost
Reduction and Efficiency Demonstration Act of 1997’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Budgetary reductions and project delays
caused by litigation have reduced certain levels of
accomplishments and resource outputs by the Forest
Service in recent years, with the result that many
targets and goals of land and resource management
plans that were developed with years of public and
scientific input are not being met.
(2) Certain staffing levels of the Forest Service
have been reduced in recent years, but not to the ex-
tent that related accomplishments and resource out-
puts have been reduced.
(3) Per unit costs and overhead of the Forest
Service are rising substantially.
(4) Staffing reductions and retirements have
cost the Forest Service substantial expertise in cer-
tain technical and scientific disciplines.
(5) Technical and scientific expertise relevant to
Forest Service needs is available in the private sec-
tor.
(6) Contractor performance of certain tasks
would be less costly than performing those tasks
using Forest Service personnel, would free agency
personnel to devote their time to necessary tasks
now being left undone, and would provide the Forest
Service with the ability to maintain an on-demand
skilled workforce to meet changing demands on pub-
lic lands.
SEC. 3. PURPOSE.
The purpose of this Act is to implement Government
reform, reduce costs, and increase efficiency in the Forest
Service, which has been designated as a reinvention lab-
oratory by the Vice President, and to demonstrate that
contractor performance of certain Forest Service tasks can
lower the cost, improve the efficiency, and increase the ac-
complishment of tasks necessary to achieve the targets,
goals, and desired forest conditions established by final
land and resource management plans developed as re-
quired by section 6 of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1604).
SEC. 4. CONTRACTOR PERFORMANCE OF CERTAIN FOREST
SERVICE TASKS.
(a) ESTABLISHMENT OF NATIONAL FOREST SYSTEM
EFFICIENCY FUND.—There is established in the Office of
the Secretary of Agriculture a fund to be known as the
‘‘National Forest System Efficiency Fund’’, which shall
be available to the Secretary as provided in this section.
The Fund shall consist of one percent of the amount ap-
propriated for the National Forest System account of the
Forest Service budget for each of the next three fiscal
years beginning after the date of the enactment of this
Act. No other funds are authorized to be appropriated to
carry out this section.
(b) DURATION OF FUND.—Amounts in the Fund are
available for obligation during the three fiscal years re-
ferred to in subsection (a) and are available for expendi-
ture until all obligations incurred under this section are
paid.
(c) USE
OF FUND
FOR CONTRACTOR PERFORM-
ANCE.—Amounts in the Fund are available for obligation
by units of the National Forest System to pay for the con-
tractor performance of tasks related to the planning and
implementation of programs and projects in the National
Forest System. The total amount expended shall be dis-
tributed among the various resource fields in approxi-
mately the same proportions as the total National Forest
System budget is distributed to the resource fields in ap-
propriation Acts.
(d) APPLICATION
AND APPROVAL PROCESS.—The
Secretary of Agriculture shall provide for an efficient and
timely system of application for, and approval of, the use
of amounts in the Fund for the purpose specified in sub-
section (c). The Secretary may designate particular units
of the National Forest System as special demonstration
units for purposes of this section.
(e) EXEMPTION
FROM
CONTRACTING
REQUIRE-
MENTS FOR SMALL CONTRACTS.—In the case of a con-
tract under $50,000 to be entered into under this section
using amounts in the Fund, the preparation, solicitation,
and award of the contract shall be exempt from—
(1) the requirements of the Competition in Con-
tracting Act (41 U.S.C. 253 et seq.) and the imple-
menting regulations in the Federal Acquisition Reg-
ulation issued pursuant to section 25(c) of the Office
of Federal Procurement Policy Act (41 U.S.C.
421(c)) and any departmental acquisition regula-
tions; and
(2) the notice and publication requirements in
section 18 of such Act (41 U.S.C. 416) and section
8(e) of the Small Business Act (15 U.S.C. 637(e))
and the implementing regulations in the Federal Ac-
quisition Regulations and any departmental acquisi-
tion regulations.
(f) ADMINISTRATIVE EXPENSES.—A unit of the Na-
tional Forest System entering into a contract under this
section shall be permitted to receive from the Fund for
credit to the unit’s account for unit administration and
overhead directly related to the contract an amount equal
to not more than 20 percent of the contract price.
(g) USE OF FUND BY REGIONAL AND NATIONAL OF-
FICES.—Not more than five percent annually of amounts
in the Fund may be used in connection with contracts en-
tered into by regional offices of the Forest Service. None
of the amounts in the Fund may be used in connection
with contracts entered into by the national office of the
Forest Service.
(h) RETENTION OF DECISIONMAKING FOLLOWING
PUBLIC INPUT.—Tasks related to planning and imple-
mentation of programs and projects requiring public input
prior to decisionmaking may be contracted out in accord-
ance with this section, except that the Secretary of Agri-
culture shall ensure that final consideration of public input
and decisionmaking following that consideration is made
by an appropriate officer of the Forest Service.
(i) REPORTS
TO CONGRESS.—Not later than six
months after the end of each fiscal year during which
amounts are expended from the Fund, the Secretary of
Agriculture shall submit to Congress a report on the tasks
undertaken during the preceding fiscal year pursuant to
contracts entered into under this section. The report shall
include information on costs saved as a result of using
private contractors and the additional accomplishments of
Forest Service employees during the time saved by using