[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3818 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

    Mr. Walden of Oregon (for himself and Mr. Udall of New Mexico) 
 introduced the following bill; which was referred to the Committee on 
   Agriculture, and in addition to the Committee on Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 agreements.
Sec. 5. Cost sharing.
Sec. 6. Funds.
Sec. 7. Watershed restoration and enhancement agreements.
Sec. 8. Repeal of superseded authorities.
Sec. 9. Regulations.
Sec. 10. 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) 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.
            (4) 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.
            (5) 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.
            (6) 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, local, or 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 AGREEMENTS.

    (a) In General.--Notwithstanding chapter 63 of title 31, United 
States Code (except as provided in subsection (c)), the Secretary may 
enter into--
            (1) agreements with cooperators for the mutual benefit of 
        the parties, including cost share agreements for sharing costs 
        of activities or services otherwise authorized by law, 
        including obtaining printing services from cooperators in 
        connection with jointly produced publications for which the 
        Secretary and the cooperator share the costs of printing, 
        either by means of cash or in kind contributions; and
            (2) agreements with cooperators, for the mutual benefit of 
        the parties, for--
                    (A) developing, producing, publishing, 
                distributing, or selling education and interpretive 
                materials and products;
                    (B) developing, conducting, or selling educational 
                and interpretive programs and services;
                    (C) 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;
                    (D) 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;
                    (E) 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;
                    (F) collecting funds from the sale of materials, 
                products, programs, and services on behalf of 
                cooperators; and
                    (G) restoring and maintaining ecological integrity 
                and biodiversity of National Forest System lands.
    (b) Terms and Conditions.--The Secretary shall require such terms 
and conditions as are necessary to protect the public investments, 
including terms related to ownership of facilities or improvements, and 
such additional terms and conditions as are mutually agreed to by the 
Secretary and the cooperator.
    (c) Limitation.--The Secretary may not enter into an agreement 
under this section where a procurement contract, grant, or cooperative 
agreement under chapter 63 of title 31, United States Code, would be 
appropriate.

SEC. 5. COST SHARING.

    (a) Sharing of Costs.--The manner in which costs shall be shared 
between the Secretary and a cooperator, including acceptance of in-kind 
contributions, shall be provided for in the agreement entered into with 
the cooperator under section 4. 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. FUNDS.

    (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.--Funds collected under an agreement entered 
into under section 4 from the sale of materials, products, programs, 
and services on behalf of a cooperators, as authorized by subsection 
(a)(2)(F) 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 the provisions of subsection (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. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.

    (a) In General.--Notwithstanding chapter 63 of title 31, United 
States Code, to the extent funds are otherwise available, the Secretary 
may use appropriations for the Forest Service to enter into cooperative 
agreements with an eligible entity to carry out activities on National 
Forest System lands or non-Federal lands within a watershed for the 
following purposes:
            (1) The protection, restoration, and enhancement of 
        resources, including fish and wildlife habitat.
            (2) The reduction of risk from natural disasters where 
        public safety is threatened.
    (b) Terms and Conditions.--
            (1) Required terms.--In order for the Secretary to enter 
        into a watershed restoration and enhancement agreement 
        authorized in subsection (a), the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and other parties to the 
                agreement;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other resources on National 
                Forest System 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 parties to the 
                agreement, as mutually agreed on by the parties;
                    (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) Additional terms.--The Secretary may include such 
        additional terms and conditions in the watershed restoration 
        and enhancement agreement as the Secretary considers necessary 
        to protect the public investment on non-Federal land, so long 
        as the terms and conditions are mutually agreed to by the other 
        parties to the agreement.
    (c) Activities on Non-Federal Land.--Activities on non-Federal land 
provided for under an agreement under this section must benefit 
resources on National Forest System lands or non-Federal lands so as to 
provide a direct or indirect benefit to resources on National Forest 
System lands.
    (d) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) a Federal agency;
            (2) a Tribal, State or local government;
            (3) a private individual or organization; or
            (4) a nonprofit organization.

SEC. 8. 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).

SEC. 9. REGULATIONS.

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

SEC. 10. AGREEMENTS OTHERWISE AUTHORIZED BY LAW.

    Except in the case of the provisions of law repealed by section 8, 
the authorities provided to the Secretary in this Act are in addition 
to the authorities provided 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.
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