[House Report 109-558]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-558

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         NATURAL RESOURCE PROTECTION COOPERATIVE AGREEMENT ACT

                                _______
                                

 July 13, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4294]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4294) to authorize the Secretary of the Interior to enter 
into cooperative agreements to protect natural resources of 
units of the National Park System through collaborative efforts 
on land inside and outside of units of the National Park 
System, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Natural Resource Protection 
Cooperative Agreement Act''.

SEC. 2. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL RESOURCE 
                    PROTECTION.

  (a) In General.--The Secretary of the Interior (referred to in this 
Act as the ``Secretary'') may enter into cooperative agreements with 
State, local, or tribal governments, other Federal agencies, other 
public entities, educational institutions, private nonprofit 
organizations, or participating private landowners for the purpose of 
protecting natural resources of units of the National Park System 
through collaborative efforts on land inside and outside of National 
Park System units.
  (b) Terms and Conditions.--A cooperative agreement entered into under 
subsection (a) shall provide clear and direct benefits to park natural 
resources and--
          (1) provide for--
                  (A) the preservation, conservation, and restoration 
                of coastal and riparian systems, watersheds, and 
                wetlands;
                  (B) preventing, controlling, or eradicating invasive 
                exotic species that are within a unit of the National 
                Park System or adjacent to a unit of the National Park 
                System; or
                  (C) restoration of natural resources, including 
                native wildlife habitat or ecosystems;
          (2) include a statement of purpose demonstrating how the 
        agreement will--
                  (A) enhance science-based natural resource 
                stewardship at the unit of the National Park System; 
                and
                  (B) benefit the parties to the agreement;
          (3) specify any staff required and technical assistance to be 
        provided by the Secretary or other parties to the agreement in 
        support of activities inside and outside the unit of the 
        National Park System that will--
                  (A) protect natural resources of the unit of the 
                National Park System; and
                  (B) benefit the parties to the agreement;
          (4) identify any materials, supplies, or equipment and any 
        other resources that will be contributed by the parties to the 
        agreement or by other Federal agencies;
          (5) describe any financial assistance to be provided by the 
        Secretary or the partners to implement the agreement;
          (6) ensure that any expenditure by the Secretary pursuant to 
        the agreement is determined by the Secretary to support the 
        purposes of natural resource stewardship at a unit of the 
        National Park System; and
          (7) include such other terms and conditions as are agreed to 
        by the Secretary and the other parties to the agreement.
  (c) Limitations.--The Secretary shall not use any funds associated 
with an agreement entered into under subsection (a) for the purposes of 
land acquisition, regulatory activity, or the development, maintenance, 
or operation of infrastructure, except for ancillary support facilities 
that the Secretary determines to be necessary for the completion of 
projects or activities identified in the agreement.
  (d) Funding.--Funds available to carry out the provisions of this Act 
shall be limited to programs and amounts specified in the statute for 
such use in the annual appropriation Act for the National Park Service.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4294 is to authorize the Secretary of 
Interior to enter into cooperative agreements to protect 
natural resources of units of the National park System through 
collaborative efforts on land inside and outside of units of 
the National Park System, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Government Accountability Office recently reported that 
the National Park Service (NPS) is the only major federal land 
management agency that does not have the authority to expend 
resources outside its boundaries when there is a benefit to the 
natural resources within the boundaries of these lands. If 
enacted, H.R. 4294 will authorize the NPS to enter into 
agreements that constitute clear and direct benefits to the 
NPS. Two specific benefits could result from enactment of H.R. 
4294: (1) organizations and private landowners would be allowed 
to work with the NPS for conservation and restoration of park 
lands; and (2) it would allow, for example, the NPS to prevent 
and control the spread of invasive species such as salt cedar, 
fountain grass, and tall whitetop before they spread into NPS 
lands.

                            COMMITTEE ACTION

    H.R. 4294 was introduced on November 10, 2005, by 
Congressman Jon C. Porter (R-NV). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks. On June 21, 2006, the Full 
Resources Committee met to consider the bill, at which time the 
Subcommittee on National Parks was discharged from further 
consideration of the bill. Congressman Stevan Pearce (R-NM) 
offered an amendment in the nature of a substitute that would 
add ``other Federal agencies'' to those who may enter into 
cooperative agreements with the National Park Service. The 
amendment was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, clause 3 of the Constitution of the 
United States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4294--Natural Resources Protection Cooperative Agreement Act

    H.R. 4294 would authorize the National Park Service (NPS) 
to enter into cooperative agreements with nonfederal partners 
to protect natural resources inside and outside of units of the 
National Park System. Currently, the agency may only execute 
such agreements for resource protection on nonfederal property 
if specifically authorized by the Congress to do so. Potential 
partners would include federal, state, local, and tribal 
government agencies, nonprofit organizations, and private 
landowners.
    CBO estimates that funding cooperative agreements on 
nonfederal land would add a few million dollars to the NPS 
operating budget of around $1.7 billion annually. The NPS has 
identified over 60 parks units that could benefit from projects 
carried out under cooperative agreements, but CBO expects that 
few such projects would cost more than $50,000. Typical 
projects could involve weed control on state or private 
property outside park boundaries, fence construction on shared 
borders, or joint surveys of local wetlands or habitat. In all 
cases, spending under cooperative agreements would depend on 
the availability of appropriated funds. Enacting H.R. 4294 
would not affect revenues or direct spending.
    H.R. 4294 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Any participation by nonfederal partners under cooperative 
agreements would be voluntary.
    On March 17, 2006, CBO transmitted a cost estimate for S. 
1288, the Natural Resources Protection Cooperative Agreement 
Act, as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 8, 2006. S. 1288 and H.R. 4294 are 
very similar, and the estimated costs of the two versions of 
the legislation are identical.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  
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