[House Report 117-204]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {      117-204

======================================================================



 
            NATIONAL FOREST RESTORATION AND REMEDIATION ACT

                                _______
                                

December 7, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. David Scott of Georgia, from the Committee on Agriculture, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4489]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 4489) to amend the Act of June 20, 1958, to require that 
certain amounts collected by the United States with respect to 
lands under the administration of the Forest Service be 
invested into interest bearing obligations, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                           Brief Explanation

    This legislation, as reported out of Committee, requires 
that funds received from settlements related to lands under 
administration of the Forest Service be invested into interest 
bearing accounts and makes funding in excess of the amount 
needed to perform work necessitated by the settlement available 
to be used to cover other work specified. This bill also 
includes assessment and restoration as eligible purposes for 
the use of funds received from settlements.

                    Purpose and Need for Legislation

    The Transfer Act of 1905 transferred the Nation's forest 
reserves to the United States Department of Agriculture (USDA) 
and created the United States Forest Service from USDA's Bureau 
of Forestry. Subsequent legislation has further defined how the 
agency must manage those lands.
    The Forest Service is required to oversee remediation and 
restoration of National Forest System lands that are damaged by 
human-caused wildfire and mining. Forest Service officials may 
enter settlement agreements with responsible parties to fund 
necessary remediation and restoration work and hold the 
responsible accountable. The Forest Service does not have the 
authority to retain interest on settlement funds like some 
agencies.
    Had the Forest Service been able to retain earned interest 
on settlement funds, the agency would have received an 
additional $7,600,000 during the period covering Fiscal Years 
2015 through 2019. These additional retained funds could have 
been used to complete restoration, rehabilitation, protection, 
improvement, or assessment work.
    The National Forest Restoration and Remediation Act amends 
section 7 of the Act of June 20, 1958 to include assessment and 
restoration as eligible purposes for the use of funds received 
from settlements. The Act requires the Secretary of the 
Treasury to invest applicable funds in an interest-bearing 
account. The Act makes funding available to the purposes 
specified. Any excess funding may be used for additional work. 
The Secretary must include the amount and proposed use of the 
funds in the President's annual budget request.

       H.R. 4489, National Forest Restoration and Remediation Act


                           Section-by-Section


Section 1. Short title

    Section 1 provides the short title of the bill as the 
``National Forest Restoration and Remediation Act.''

Section 2. Investment of certain funds into interesting bearing 
        obligations

    This section amends section 7 of the Act of June 20, 1958, 
by including assessment and restoration as eligible purposes 
for the use of funds received under this section.
    This section requires the Secretary of the Treasury to 
invest all funds collected as a result of forfeiture, judgment, 
compromise, or settlement in interest bearing accounts. It also 
allows any excess monies received or earned under this section 
to be used to cover other work specified. The Secretary must 
include the amount and proposed use of the funds in the 
President's annual budget request.

                        Committee Consideration


                               I. HEARING

    The Committee on Agriculture has held one hearing in the 
117th Congress to understand the negative impacts of wildfire 
on National Forest System lands, as well as how State and 
Private forestry has been harmed.
    On September 29, 2021, the Conservation and Forestry 
Subcommittee held a hearing titled ``The 2021 Wildland Fire 
Year: Responding to and Mitigating Threats to Communities.''
    Randy Moore, Chief of the United States Forest Service, 
testified on a variety of matters relating to the status of 
wildfire preparedness, firefighter pay and classification, in 
addition to forest management decisions that reduce wildfire 
risk. Related to management, Members heard about the need to 
improve restoration efforts, in addition to the financial 
needs.

                           II. FULL COMMITTEE

    On October 21, 2021, the Committee on Agriculture met 
pursuant to notice, with a quorum present, to consider H.R. 
4489, the National Forest Restoration and Remediation Act. 
Chairman Scott made an opening statement as did Ranking Member 
Thompson. Chairman Scott requested other Members submit their 
opening statements for the record. Without objection, H.R. 4489 
was placed before the Committee for consideration, a first 
reading of the bill was waived, and it was opened for amendment 
at any point.
    Chairman Scott recognized Ms. Schrier, the bill's sponsor 
to speak on the bill. Discussion occurred and without 
objection, the Committee considered the bill. There being no 
amendments, a voice vote was conducted, and the bill was 
reported favorably from Committee.
    At the conclusion of the meeting, Chairman Scott advised 
Members that pursuant to the Rules of the House of 
Representatives, Members had until October 28, 2021 to file any 
supplemental, additional, dissenting, or minority views with 
the Committee. Without objection, staff was given permission to 
make any necessary technical, clarifying, or conforming changes 
to reflect the intent of the Committee. Chairman Scott thanked 
all the Members and adjourned the meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 4489 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimates prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

          Cost of Legislation and the Congressional Budget Act

    With respect to the requirements of 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 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of the Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Congressional Budget Office staff 
has informed the Committee on a preliminary, informal, 
nonbinding basis that there does not appear to be any direct 
spending associated with the bill.

                   Constitutional Authority Statement

    The Committee finds the Constitutional authority for this 
legislation in Article I, section 8, clause 18, that grants 
Congress the power to make all laws necessary and proper for 
carrying out the powers vested by Congress in the consideration 
of the United States or in any department or officer thereof.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the House of 
Representatives, the performance goals and objectives of this 
measure are to allow the Forest Service to use interest bearing 
accounts for monies collected as a result of forfeiture, 
judgment, compromise, or settlement and use any excess monies 
received or earned under this section to cover other work 
specified.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           Earmark Statement

    This measure does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the House of 
Representatives.

                    Duplication of Federal Programs

    This measure does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    The Committee does not believe that the legislation directs 
an Executive Branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     SECTION 7 OF PUBLIC LAW 85-465

 AN ACT To facilitate and simplify the work of the Forest Service, and 
                          for other purposes.

  Sec. 7. Any moneys received by the United States with respect 
to lands under the administration of the Forest Service (1) as 
a result of the forfeiture of a bond or deposit by a permittee 
or timber purchaser for failure to complete performance of 
improvement, protection, or rehabilitation work required under 
the permit or timber sale contract or (2) as a result of a 
judgment, compromise, or settlement of any claim, involving 
present or potential damage to lands or improvements, shall be 
covered into the Treasury and are hereby appropriated and made 
available until expended to cover the cost to the United States 
[of any improvement, protection, or rehabilitation] of any 
assessment, improvement, protection, restoration, or 
rehabilitation work on lands under the administration of the 
Forest Service rendered necessary by the action which led to 
the forfeiture, judgment, compromise, or settlement: [Provided, 
That any portion of the moneys so received in excess of the 
amount expended in performing the work necessitated by the 
action which led to their receipt shall be transferred to 
miscellaneous receipts.] Provided, That any monies covered into 
the Treasury under this section, including all monies that were 
previously collected by the United States in a forfeiture, 
judgment, compromise, or settlement, shall be invested by the 
Secretary of the Treasury in interest bearing obligations of 
the United States to the extent the amounts are not, in the 
judgment of the Secretary of the Treasury, required to meet 
current withdrawals: Provided further, That any interest earned 
on the amounts, including any interest earned by investment, is 
hereby appropriated and made available until expended to cover 
the costs to the United States specified in this section: 
Provided further, That, for fiscal year 2021 and thereafter, 
the Secretary shall include in the budget materials submitted 
to Congress in support of the President's annual budget request 
(submitted to Congress pursuant to section 1105 of title 31, 
United States Code) for each fiscal year the proposed use of 
such amounts with respect to the Forest Service: Provided 
further, That any portion of the monies received or earned 
under this section in excess of the amount expended in 
performing the work necessitated by the action which led to 
their receipt may be used to cover the other work specified in 
this section.

                                  [all]