[House Report 114-138]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-138
======================================================================
NATIONAL FOREST FOUNDATION REAUTHORIZATION ACT OF 2015
_______
June 4, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conaway, from the Committee on Agriculture, submitted the following
R E P O R T
[To accompany H.R. 2394]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 2394) to reauthorize the National Forest Foundation Act,
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:
At the end of section 2, add the following new subsection:
(c) Technical Corrections.--
(1) Agent.--Section 404(b) of the National Forest
Foundation Act (16 U.S.C. 583j-2(b)) is amended by
striking ``under this paragraph'' and inserting ``by
subsection (a)(4)''.
(2) Annual report.--Section 407(b) of the National
Forest Foundation Act (16 U.S.C. 583j-5(b)) is amended
by striking the comma after ``The Foundation shall''.
Brief Explanation
The National Forest Foundation Reauthorization Act of 2015,
H.R. 2394, amends the National Forest Foundation Act to extend
the authorization of the National Forest Foundation through
fiscal year 2018.
Purpose and Needs
The National Forest Foundation was created by Congressional
Charter in 1993 with a discretionary authorization of $1
million per year for a period of five years. The Foundation
uses federal dollars as a match for private donations to
restore and enhance our national forests and grasslands. Since
its charter, the Foundation has been essential in helping meet
the challenges the National Forest System faces.
The National Forestry Foundation has been consistently
funded through the appropriations process despite an expired
authorization. The bill reauthorizes the authority for
discretionary funding at $3 million per year, which is
consistent with the funding it has received in recent years.
Under the authority of the National Forest Foundation Act,
the Foundation is legally obligated to obtain private
contributions to match federal dollars on a one-to-one basis.
Federal funds have been leveraged by additional resources at an
overall ratio of 4.3 to 1.
The Foundation uses private and federal dollars to support
our nations great forests in a variety of ways. These include
planting trees, preserving wildlife habitat, surveying streams,
restoring and maintaining trails, among other activities.
This authority will expire at the end of FY 2018 making the
program consistent with most farm bill forestry programs in the
Agricultural Act of 2014.
Section-by-Section Analysis of Legislation
Section 1. Short title
Section 1 of the bill designates the title of the bill as
the ``National Forest Foundation Reauthorization Act of 2015.''
Section 2. National Forest Foundation Act reauthorization
Section 2 reauthorizes the National Forest Foundation Act
which had been expired. Subsection (a) extends the authority
for Forest Service to provide matching funds for administrative
projects for fiscal years 2016 through 2018. Subsection (b)
extends the authority for authorization of appropriations at a
level of $3 million a year for each of the fiscal years 2016
through 2018. The previous authorization level was $1 million a
year.
Committee Consideration
I. HEARINGS
No hearings were held by the Committee on the National
Forest Foundation Reauthorization Act of 2015.
II. FULL COMMITTEE
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on May 20, 2015, to consider H.R. 2394, the
National Forest Foundation Reauthorization Act of 2015.
H.R. 2394 was placed before the Committee for
consideration. Without objection, a first reading of the bill
was waived and it was open to amendment at any point.
Chairman Conaway, Mr. Peterson, and Mr. Thompson were
recognized for statements. Chairman Conaway recognized Mr.
Peterson to offer and explain his amendment to clarify an
internal reference and remove a comma. The Peterson amendment
was adopted by a voice vote.
Mr. Peterson was then recognized to offer a motion that the
bill H.R. 2394 be reported, as amended, favorably to the House
with recommendation that it do pass. The motion was
subsequently approved by voice vote.
At the conclusion of the meeting, Chairman Conaway advised
Members that pursuant to the rules of the House of
Representatives Members had until May 22, 2015 to file any
supplemental, minority, additional, or dissenting views with
the Committee.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee. Chairman Conaway 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. 2394 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(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
Budget Act Compliance (Sections 308, 402, and 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 29, 2015.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2394, the National
Forest Foundation Reauthorization Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2394--National Forest Foundation Reauthorization Act of 2015
Summary: H.R. 2394 would authorize the appropriation of $3
million a year through 2018 to support the National Forest
Foundation. The foundation is a nonprofit corporation
established by federal law that awards grants to maintain
recreational resources, such as trails, and to restore
watersheds, wildlife habitats, and plant species within
national forests and grasslands. The foundation also carries
out activities to educate individuals about the National Forest
System.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the legislation would cost $9
million over the 2016-2018 period. Because enacting H.R. 2394
would not affect direct spending or revenues, pay-as-you-go
procedures do not apply.
H.R. 2394 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary effect of H.R. 2394 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
For this estimate, CBO assumes that the bill will be
enacted in 2015 and that the authorized amounts will be
appropriated for each fiscal year. Estimated outlays are based
on historical spending patterns for grants to the National
Forest Foundation.
----------------------------------------------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars--
-------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa
Authorization Level..................................... 3 3 3 0 0 9
Estimated Outlays....................................... 3 3 3 0 0 9
----------------------------------------------------------------------------------------------------------------
aIn 2015, the National Forest Foundation received an appropriation of $3 million.
Intergovernmental and private-sector impact: H.R. 2394
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: J'nell Blanco Suchy;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
reauthorize the National Forest Foundation.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
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
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Earmark Statement Required by Clause 9 of Rule XXI of the Rules of
House of Representatives
H.R. 2394 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 Rules of the
House Representatives.
Duplication of Federal Programs
This bill 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 identified 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 italic, and existing law in which no
change is proposed is shown in roman):
NATIONAL FOREST FOUNDATION ACT
* * * * * * *
TITLE IV--FOREST FOUNDATION
* * * * * * *
SEC. 404. CORPORATE POWERS AND OBLIGATIONS.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several
States, territories, and possessions of the United
States and in foreign countries;
(3) shall have its principal offices in the
Washington, D.C. metropolitan area; and
(4) shall at all times maintain a designated agent in
the District of Columbia authorized to accept service
of process for the Foundation.
(b) Notice and Service of Process.--The serving of notice to,
or service of process upon, the agent required [under this
paragraph] by subsection (a)(4), or mailed to the business
address of such agent, shall be deemed as service upon or
notice to the Foundation.
(c) Seal.---The Foundation shall have an official seal
selected by the Board which shall be judicially noticed.
(d) Powers.--To carry out its purposes, the Foundation shall
have, in addition to powers otherwise authorized under this
title, the usual powers of a corporation in the District of
Columbia, including the power to--
(1) accept, receive, solicit, hold, administer and
use any gift, devise, or bequest, either absolutely or
in trust, or real or personal property or any income
therefrom or other interest therein;
(2) acquire by donation, gift, devise, purchase or
exchange any real or personal property or interest
therein;
(3) unless otherwise required by the instrument of
transfer, sell, donate, lease, invest, reinvest, retain
or otherwise dispose of any property or income
therefrom;
(4) borrow money and issue bonds, debentures, or
other debt instruments;
(5) sue and be sued, and complain and defend itself
in any court of competent jurisdiction (except that the
Directors of the Board shall not be personally liable,
except for gross negligence);
(6) enter into contracts or other arrangements with
public agencies, private organizations, and persons and
to make such payments as may be necessary to carry out
the purposes thereof; and
(7) do any and all acts necessary and proper to carry
out the purposes of the Foundation.
(e) Property.--(1) The Foundation may acquire, hold and
dispose of lands, waters, or other interests in real property
by donation, gift, devise, purchase or exchange. For the
purposes of this title, an interest in real property shall
include, but not be limited to, mineral and water rights,
rights of way, and easements appurtenant or in gross. A gift,
devise, or bequest may be accepted by the Foundation even
though it is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future interest
therein is for the benefit of the Foundation.
(2) No lands or waters, or interests therein, that
are owned by the Foundation and are determined by the
Chief of the United States Forest Service to be
valuable for purposes established in this title shall
be subject to condemnation by any State or political
subdivision, or any agent or instrumentality thereof.
(3) The Foundation and any income or property
received or owned by it, and all transactions relating
to such income or property, shall be exempt from all
Federal, State, and local taxation with respect
thereto.
(4) Contributions, gifts, and other transfers made to
or for the use of the Foundation shall be treated as
contributions, gifts, or transfers to an organization
exempt from taxation under section 501(c)(3)of the
Internal Revenue Code of 1986.
SEC. 405. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Startup Funds.--For purposes of assisting the Foundation
in establishing an office and meeting initial administrative,
project, and other startup expenses, the Secretary is
authorized to provide to the Foundation $500,000, from funds
appropriated pursuant to section 410(a), per year for the two
years beginning October 1, 1992. Such funds shall remain
available to the Foundation until they are expended for
authorized purposes.
(b) Matching Funds.--In addition to the startup funds
provided under subsection (a) of this section, [for a period of
five years beginning October 1, 1992] during fiscal years 2016
through 2018, the Secretary is authorized to provide matching
funds for administrative and project expenses incurred by the
Foundation as authorized by section 410(b) of this title
including reimbursement of expenses under section 403, not to
exceed then current Federal Government per diem rates.
(c) Administrative Expenses.--At any time, the Secretary may
provide the Foundation use of Department of Agriculture
personnel, facilities, and equipment, with partial or no
reimbursement, with such limitations and on such terms and
conditions as the Secretary shall establish.
* * * * * * *
SEC. 407. AUDITS AND REPORT REQUIREMENTS.
(a) Audits.--For purposes of the Act entitled ``An Act for
audit of accounts of private corporations established under
Federal law,'' approved August 30, 1964 (36 U.S.C. 1101 through
1103; Public Law88-504) the Foundation shall be treated as a
private corporation established under Federal law.
(b) Annual Reports.--The Foundation shall[,] transmit each
year to Congress a report of its proceedings and activities of
the previous year, including a full and complete statement of
its receipts, expenditures, and investments.
* * * * * * *
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
(a) Start-Up Funds.--For the purposes of section 405 of this
title, there are authorized to be appropriated $1,000,000.
(b) Matching Funds.--For the purposes of section 405 of this
title, [during the five-year period beginning October 1, 1992,
there are authorized to be appropriated $1,000,000 annually]
there are authorized to be appropriated $3,000,000 for each of
fiscal years 2016 through 2018 to the Secretary of Agriculture
to be made available to the Foundation to match, on a one-for-
one basis, private contributions made to the Foundation.
* * * * * * *
[all]