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. 
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 ‘‘U.S. National Arbo-
retum Appreciation Act of 2004’’. 
SEC. 2. PARTNERING AGREEMENTS TO EXPAND OPER-
ATION AND USE OF UNITED STATES NA-
TIONAL ARBORETUM. 
(a) FINDINGS.—Congress finds the following:
(1) The United States National Arboretum, 
which is located in the District of Columbia and is 
operated by the Agriculture Research Service of the 
Department of Agriculture, is nationally and inter-
nationally recognized for its outstanding research 
and public education contributions. 
(2) However, the National Arboretum has been 
under-utilized by the public, thereby creating a need 
for greater visibility, awareness, and use of the Na-
tional Arboretum. 
(3) Expanded use of the National Arboretum 
would bring increased financial support, public rec-
ognition, and appreciation of the facility and its re-
search and education functions. 
(4) The Friends of the National Arboretum is 
a private nonprofit organization whose mission is 
solely the support and promotion of the National Ar-
boretum. 
(5) A congressional oversight hearing in 2003 
highlighted the bipartisan consensus for greater out-
reach and fund-raising events to be conducted at the 
National Arboretum through the Friends of the Na-
tional Arboretum. 
(6) At a time of extreme budget constraints, 
many Federal agencies are permitting the use of
their buildings and facilities for private functions 
and special events that raise funds to supplement 
appropriated funds. 
(7) Despite encouragement from Congress, the 
Secretary of Agriculture has not taken adequate 
steps to improve the accessibility and use of the Na-
tional Arboretum. 
(b) PARTNERING AGREEMENT WITH THE FRIENDS 
OF THE NATIONAL ARBORETUM.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of Agriculture shall enter into a contract with the Friends 
of the National Arboretum, either through a sole-source 
contract or other method, to authorize the Friends of the 
National Arboretum to act as agent of the Department 
of Agriculture for the purpose of— 
(1) allowing the use of the grounds and facili-
ties of the National Arboretum by private persons 
and entities; 
(2) providing services related to planning and 
overseeing special events at the National Arboretum; 
and 
(3) making such other arrangements as appro-
priate for the private use of the National Arboretum. 
(c) ADDITIONAL CONTRACT AUTHORITY.—The Sec-
retary of Agriculture may enter into contracts with other
persons or entities for the private use of the grounds and 
facilities of the National Arboretum so long as such con-
tracts do not conflict with the contract with the Friends 
of the National Arboretum. 
(d) EFFECT OF FAILURE TO COMPLY.—If the con-
tract required by subsection (b) is not entered into by the 
end of the 30-day period specified in such subsection, the 
contract proposal submitted to the Department of Agri-
culture by the Friends of the National Arboretum on Jan-
uary 13, 2004, shall be deemed to be a legal and binding 
sole-source contract between the Secretary of Agriculture 
and the Friends of the National Arboretum for a period 
of five years, effective beginning at the end of such 30- 
day period. The Secretary shall publish a copy of the con-
tract proposal in the Federal Register as soon as prac-
ticable after the contract proposal takes legal effect pursu-
ant to this subsection. The contract proposal may be 
amended or extended by the mutual agreement of the par-
ties. 
Æ