[House Report 117-204]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-204
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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.
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