II 109th CONGRESS 2d Session S. 2676 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.

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 Repeal of superseded authorities.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.

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.

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.

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.

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).

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.

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.

8.

Regulations

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

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.

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.