[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5120 Introduced in House (IH)]






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``U.S. National Arboretum Appreciation 
Act of 2004''.

SEC. 2. PARTNERING AGREEMENTS TO EXPAND OPERATION AND USE OF UNITED 
              STATES NATIONAL 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 internationally 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 National Arboretum.
            (3) Expanded use of the National Arboretum would bring 
        increased financial support, public recognition, and 
        appreciation of the facility and its research 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 Arboretum.
            (5) A congressional oversight hearing in 2003 highlighted 
        the bipartisan consensus for greater outreach and fund-raising 
        events to be conducted at the National Arboretum through the 
        Friends of the National 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 National 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 facilities 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 appropriate for the 
        private use of the National Arboretum.
    (c) Additional Contract Authority.--The Secretary 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 contracts do not conflict with the contract with the Friends of 
the National Arboretum.
    (d) Effect of Failure to Comply.--If the contract 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 Agriculture by the Friends of the National Arboretum on 
January 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 contract proposal in the Federal Register as soon as practicable 
after the contract proposal takes legal effect pursuant to this 
subsection. The contract proposal may be amended or extended by the 
mutual agreement of the parties.
                                 <all>