[DOCID: f:hr558.109]
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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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