[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2676 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2676

  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 land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2006

Mr. Crapo (for himself and Mrs. Lincoln) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 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 land, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forest Service 
Partnership Enhancement Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authority for Forest Service agreements with cooperators.
Sec. 5. Cost sharing under agreements.
Sec. 6. Treatment of funds received under agreements.
Sec. 7. Repeal of superseded authorities.
Sec. 8. Regulations.
Sec. 9. Relation to agreements otherwise authorized by law.
Sec. 10. Extension of National Forest Foundation.

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) Such cooperation is becoming increasingly more 
        important in the research and development mission area of the 
        Forest Service as the number of staff research scientists has 
        declined from 985 scientists in 1985 to only 486 scientists in 
        2005. To accomplish its research mission to meet current 
        forestry challenges and ensure that forest managers have the 
        latest science and technology to manage the National Forest 
        System sustainably over the long-term, it is critical that the 
        Forest Service cooperate with other research organizations, 
        including forestry schools, land-grant colleges and 
        universities, and 1890 institutions.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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 or local government, 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 FOREST SERVICE AGREEMENTS WITH COOPERATORS.

    (a) Agreement Authority.--Using amounts appropriated or otherwise 
made available for the Forest Service, the Secretary of Agriculture, 
acting through the Chief of the Forest Service, may enter into 
agreements, including cost-share agreements, with cooperators for the 
mutual benefit of the parties to the agreement for the following types 
of activities:
            (1) Developing, producing, publishing, distributing, or 
        selling education and interpretive materials and products.
            (2) Developing, conducting, or selling educational and 
        interpretive programs and services.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) Collecting funds from the sale of materials, products, 
        programs, and services on behalf of cooperators.
            (7) Activities to restore and maintain the ecological 
        integrity and biodiversity of National Forest System lands.
            (8) Watershed restoration and enhancement activities on 
        National Forest System lands, or on other lands that benefit 
        resources on National Forest System land within the same 
        watershed, for--
                    (A) protecting, restoring, and enhancing resources, 
                including fish and wildlife habitat; or
                    (B) reducing risk from natural disaster where 
                public safety is threatened.
            (9) Such other cooperative activities as the Secretary 
        considers to be appropriate.
    (b) Terms and Conditions.--The Secretary shall require such terms 
and conditions in an agreement entered into under this section as the 
Secretary considers to be necessary to protect the investments to be 
made by the United States under the agreement, including terms related 
to the ownership of any facilities or improvements constructed or 
improved under such an agreement, and such additional terms and 
conditions as are mutually agreed to by the Secretary and the 
cooperator.
    (c) Relation to Other Contract, Grant, and Agreement 
Requirements.--The Secretary may enter into an agreement under this 
section notwithstanding chapter 63 of title 31, United States Code.

SEC. 5. COST SHARING UNDER AGREEMENTS.

    (a) Sharing of Costs.--The manner in which costs shall be shared 
between the Secretary and a cooperator under an agreement entered into 
under section 4, including the acceptance of in-kind contributions, 
shall be provided for in terms and conditions imposed under subsection 
(b) of such section in connection with the agreement. 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. TREATMENT OF FUNDS RECEIVED UNDER AGREEMENTS.

    (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 on Behalf of Cooperator.--Funds collected under 
an agreement entered into under section 4 from the sale of materials, 
products, programs, and services on behalf of a cooperator, as 
authorized by subsection (a)(6) 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 subsections (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. 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), is repealed.

SEC. 8. REGULATIONS.

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

SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHORIZED BY LAW.

    Except in the case of the provisions of law repealed by section 7, 
the authority of the Secretary to enter into agreements with 
cooperators under section 4 is in addition to the authorities provided 
the Secretary 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.

SEC. 10. EXTENSION OF NATIONAL FOREST FOUNDATION.

    (a) Board of Directors of Foundation.--Section 403(a) of the 
National Forest Foundation Act (16 U.S.C. 583j-1(a)) is amended--
            (1) in the first sentence, by striking ``fifteen 
        Directors'' and inserting ``30 Directors''; and
            (2) by striking the second sentence.
    (b) Corporate Powers and Obligations.--Section 404(b) of the 
National Forest Foundation Act (16 U.S.C. 583j-2(b)) is amended by 
striking ``this paragraph'' and inserting ``this section''.
    (c) Matching Funds.--Section 405(b) of the National Forest 
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking ``1992'' 
and inserting ``2006''.
    (d) Authorization of Appropriations.--Section 410(b) of the 
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended--
            (1) by striking ``1992'' and inserting ``2006'';
            (2) by striking ``$1,000,000 annually''; and
            (3) by inserting ``such sums as are necessary'' before ``to 
        match''.
                                 <all>