[Senate Report 110-8]
[From the U.S. Government Publishing Office]
Calendar No. 33
110th Congress Report
SENATE
1st Session 110-8
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WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS ACT OF 2007
_______
February 15, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 232]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 232) to make permanent the authorization
for watershed restoration and enhancement agreements, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 232 is to make permanent the
authorization for watershed restoration and enhancement
agreements contained in section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011 note).
Background and Need
In 1998, Congress included language in the Department of
the Interior and Related Agencies Appropriations Act, 1999 to
authorize the Forest Service to use watershed restoration and
enhancement agreements to spend appropriated funds on projects
on private or public lands that benefit the resources of
National Forest System lands. As a result, the Forest Service
developed a very successful cooperative conservation watershed
restoration program. Congress originally authorized the program
only through fiscal year 2001. It reauthorized it in 2001
through fiscal year 2005, and again in 2005 through fiscal year
2011. S. 232 would permanently authorize the agreements.
The projects authorized by the agreements have improved
watershed health and fish habitats through the control of
invasive species, culvert replacement, and other riparian zone
improvement projects. In addition to ecological restoration,
use of the authority has improved cooperative relationships
between the Forest Service, private land owners, State
agencies, and other Federal agencies.
Legislative History
S. 232 was introduced by Senator Wyden on January 9, 2007.
Similar legislation, S. 2003, also sponsored by Senator Wyden,
was considered by the Committee during the 109th Congress.
Section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (P.L. 105-277) authorized the
cooperative watershed restoration and enhancement program
through fiscal year 2001. Section 331 of the Department of the
Interior and Related Agencies Appropriations Act, 2002 (P.L.
107-63) reauthorized the program through fiscal year 2005. And
section 343 of the Department of the Interior and Related
Agencies Appropriations Act, 2006 (P.L. 109-54) reauthorized
the program through fiscal year 2011.
The Subcommittee on Public Lands and Forests held a hearing
on S. 2003 on May 10, 2006 (S. Hrg. 109-518). S. 2003 was
ordered favorably reported by the Committee with an amendment
in the nature of a substitute on May 24, 2006 (S. Rept. 109-
302), and passed the Senate, by unanimous consent, on December
7, 2006. No further action occurred prior to the sine die
adjournment of the 109th Congress.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on January 31, 2007, by voice vote of a
quorum present, recommends that the Senate pass S. 232.
Section-by-Section Analysis
Section 1 provides the short title.
Section 2(1) amends section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 1999, as
previously amended, by striking ``each of fiscal years 2006
through 2011'' and inserting ``fiscal year 2006 and each fiscal
year thereafter.''
Section 2(2) makes a conforming change.
Section 2(3) adds a new subsection (d) to section 323 that
clarifies that Chapter 63 of Title 31, United States Code
(originally enacted as the 1977 Federal Grant and Cooperative
Agreement Act of 1977) shall not apply to the watershed
restoration and enhancement agreements carried out under
section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public
Law 105-277), or the cooperative agreement authority granted by
the first section of Pubic Law 94-148 (16 U.S.C. 565a-1).
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 232--Watershed Restoration and Enhancement Agreements Act of 2007
S. 232 would make the authority of the Forest Service to
use appropriated funds to execute certain cooperative
agreements with nonfederal partners permanent. Those agreements
are used to facilitate watershed restoration projects on public
or private land. Under existing law, the authority to use
appropriations for this purpose will expire after fiscal year
2011. CBO estimates that enacting S. 232, by itself, would have
no impact on the federal budget. The bill would not authorize
additional appropriations for watershed restoration projects
and would not affect revenues or direct spending.
S. 232 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill would benefit state, local, or tribal governments that
enter into cooperative agreements with the Forest Service to
carry out activities for pollution abatement and watershed
protection. Any costs they might incur would be incurred
voluntarily.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director, Budget Analysis Division.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 232.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy. Little, if any, additional paperwork would result from
the enactment of S. 232.
Executive Communications
Because S. 232 is identical to legislation passed by the
Senate in the 109th Congress, the Committee did not request
Executive Agency views on S. 232. The views of the
Administration were included in testimony received by the
Committee at a hearing on S. 2003 on May 10, 2006, as follows:
Statement of Joel Holtrop, U.S. Forest Service, Deputy Chief for
National Forest System, Department of Agriculture
Mr. Chairman and members of the Subcommittee: Thank you for
the opportunity to appear before you today to provide the
Department's views on S. 906--Wildland Firefighter Safety Act
of 2005, S. 2003--Watershed Restoration and Enhancement
Agreements Act of 2005, H.R. 585--Gateway Communities
Cooperation Act, and H.R. 3981--involving Tahoe National Forest
land exchanges. I am Joel Holtrop, Deputy Chief for the
National Forest System, USDA Forest Service.
* * * * * * *
S. 2003 ``WATERSHED RESTORATION AND ENHANCEMENT ACT OF 2005''
This bill would amend Section 323 of the Department of the
Interior and Related Agencies Appropriations Act of 1999
(commonly referred to as the ``Wyden amendment''), to
permanently authorize the Secretary of Agriculture to use
Forest Service appropriations to enter into cooperative
watershed restoration and enhancement agreements with
governments or private nonprofit entities and landowners to
carry out activities on NFS lands or on non-Federal lands
within the same watersheds. Agreements are authorized for the
protection, restoration, and enhancement of fish and wildlife
habitat and other resources and/or the reduction of risk from
natural disaster on public or private land to benefit resources
in the watershed. The current authorization includes provisions
on terms and conditions regarding technical assistance, sharing
of costs, ensuring that expenditures are in the public
interest, and that the public investment on non-Federal lands
is protected.
The Department supports enactment of S. 2003, and would
like to work with the Subcommittee on a short amendment to
provide additional authority to more fully implement its
provisions.
The Forest Service has successfully used the Wyden
amendment since its original enactment and subsequent
reauthorizations. Benefits include improved, maintained and
protected ecosystem conditions through collaborative
administration and implementation of projects as well as
increased operational effectiveness and efficiency through
coordination of efforts, services, and products to accomplish
the highest priority work.
Of the many possible examples, work on the Siuslaw National
Forest in Oregon illustrates the benefits of working across
landscapes using this authority. Since 1998, the forest has
implemented 26 projects, leveraging $321,000 in Federal
investments with $387,000 in partner contributions to restore
floodplains, riparian areas, and estuaries; install in-stream
structures; monitor activities; and share information.
Strategic use of this tool has brought a tremendous benefit to
watersheds affecting National Forest System lands.
Two bills have been introduced in the 109th Congress that
contain similar language to this provision. Last September, the
Department testified in strong support of H.R. 3818, which
includes authority for watershed restoration and enhancement
agreements as part of a comprehensive Forest Service
partnership bill. H.R. 3818, entitled the ``Forest Service
Partnership Enhancement Act'', was based on the
Administration's draft legislation transmitted to Congress
under the same title. A similar bill, also with the same title,
S. 2676, has recently been introduced by Senators Crapo and
Lincoln.
These bills contain authority--not included in S. 2003--
that would be important to the Forest Service's future success
to cooperatively carry out watershed restoration and
enhancement agreements. That authority clarifies that watershed
restoration and enhancement agreements are mutual benefit
agreements. While the Department supports enactment of S. 2003,
we would like the Subcommittee to consider the benefits of
providing express authority for mutual benefit agreements as
proposed by the Administration.
* * * * * * *
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 232, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
DEPARTMENT OF INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 1999
(16 U.S.C. 1011; Public Law 105-277, Div. A, 101(e))
Sec. 323. (a) Watershed Restoration and Enhancement
Agreements.--For [each of fiscal years 2006 through 2011]
fiscal year 2006 and each fiscal year thereafter, to the extent
funds are otherwise available, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the
purpose of entering into cooperative agreements with willing
Federal, tribal, State and local governments, private and
nonprofit entities and landowners for the protection,
restoration and enhancement of fish and wildlife habitat, and
other resources on public or private land, the reduction of
risk from natural disaster where public safety is threatened,
or a combination thereof or both that benefit these resources
within the watershed.
* * * * * * *
(c) Terms and Conditions.--In order for the Secretary, to
enter into a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions
mutually agreed to by the Secretary and the
landowner, state and local government, or
private or nonprofit entity;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other resources
on national forests lands within the watershed;
(C) authorize the provision of technical
assistance by the Secretary in the planning of
management activities what will further the
purposes of the agreement;
(D) provide for the sharing of costs of
implementing the agreement among the Federal
Government, the landowner(s), and other
entities, as mutually agreed on by the affected
interests; and
(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), the Secretary may require such other terms and
conditions as are necessary to protect the public
investment on non-Federal lands, provided such terms
and conditions are mutually agreed to by the Secretary
and other landowners State and local governments or
both.
(d) Applicable Law.--Chapter 63 of title 31, United States
Code shall not apply to--
(1) a watershed restoration and enhancement agreement
entered into under this section; or
(2) an agreement entered into under the first section
of Public Law 94-148 (16 U.S.C. 565a-1).
[d] (e). Reporting Requirements.--Not later than December
31 1999, the Secretary shall submit a report to the Committees
on Appropriations of the House and Senate, which contains--
(1) A concise description of each project, including
the project purpose, location on federal and non-
federal land key activities, and all parties to the
agreement.
(2) the funding and/or other contributions provided
by each party for each project agreement.