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The original documents are located in Box 33, folder "12/12/75 HR10027 Forest Service
Cooperative Agreements" of the White House Records Office: Legislation Case Files at the
Gerald R. Ford Presidential Library.
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Digitized from Box 33 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED DEC12 1975
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: December 13
December 10, 1975
to ARCHIVES
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
H.R. 10027 - Forest Service
Cooperative Agreements
Attached for your consideration is H.R. 10027, sponsored
by Representative Ullman, which authorizes the Secretary
of Agriculture to enter into cooperative agreements
which benefit certain Forest Service programs and to
advance or reimburse funds to cooperators for work
performed.
A discussion of the enrolled bill is provided in OMB's
bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 10027 at Tab B.
FORD & LIBRARY QERALD
OF THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
DESIRIVE
STATES
WASHINGTON, D.C. 20503
DEC 8 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10027 - Forest Service
Cooperative Agreements
Sponsor - Rep. Ullman (D) Oregon
Last Day for Action
December 13, 1975 - Saturday
Purpose
Authorizes the Secretary of Agriculture to enter into
cooperative agreements which benefit certain Forest Ser-
vice programs and to advance or reimburse funds to
cooperators for work performed.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Civil Service Commission
Approval
Discussion
H.R. 10027 would authorize the Secretary of Agriculture to
enter into cooperative agreements between the Forest Ser-
vice and public or private agencies, organizations,
institutions, or persons for certain work or services.
Such agreements could only be entered into where the
public interest will be benefited and where a mutual
interest other than monetary considerations exists. The
Secretary would be authorized to advance or reimburse
funds to cooperators from any Forest Service appropria-
tion available for similar kinds of work or by furnishing
or sharing materials, supplies, facilities, or equipment
to the cooperators.
Under these agreements, Forest Service personnel could
supervise the work performed by cooperators and their
employees in cases of emergencies or as otherwise mutually
agreed to. However, the cooperators and their employees
2
would not be deemed Federal employees except for purposes
of Federal tort liability and work-connected injuries.
In its enrolled bill letter, Agriculture explains the need
for this legislation:
"Cooperation is an important administrative tool
which permits the equitable and efficient use of
each party's manpower and other resources in the
attainment of common objectives. It also has the
advantage of generally resulting in net cost-savings
to the Government. The Forest Service has authority
under existing law to accept cooperative contribu-
tions and to perform work for the benefit of
cooperators at their expense. In certain activities,
specified classes of cooperators may perform work
or furnish services to the Forest Service on a
reimbursable or advance payment basis. These
activities include road construction and maintenance,
fire suppression, forest research, cooperation with
States in the form of grants-in-aid, and cooperative
law enforcement. However, under existing law, the
Forest Service does not have clear authority to have
cooperators perform general work or furnish ser-
vices and facilities of benefit to any authorized
Forest Service activity.
H.R. 10027 contains clear authority to cooperate
in certain key activities for which we believe
we need specific authority. For example, we
have encountered difficulty in cooperatively con-
structing, operating, and/or maintaining such
pollution abatement facilities as sanitary land-
fills, water systems, and sewer systems. We have
also had to forego opportunities to utilize State
firefighting crews for nonfire work on the
National Forests during low-fire risk periods.
The cooperative authorities contained in H.R. 10027
would permit the Forest Service to take advantage
of these and other opportunities to cooperate.
The bill would facilitate the administration of
Forest Service programs and clarify and complement
existing cooperative authority."
James James M. Frey
Assistant Director for
Legislative Reference
Enclosures
UNITED
SENIES
CIVIL SEND
UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON, D.C. 20415
CHAIRMAN
December 5, 1975
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C. 20503
Attention: Assistant Director for
Legislative Reference
Dear Mr. Lynn:
This is in reply to your request for the views of the Civil Service
Commission on Enrolled H.R. 10027, "To authorize the Secretary of
Agriculture to enter into cooperative agreements which benefit
certain Forest Service programs and to advance or reimburse funds
to cooperators for work performed, and for other purposes."
Section 1 of this bill would authorize the Secretary of Agriculture
to negotiate and enter into cooperative agreements with public or
private agencies, organizations, institutions, or persons, to
construct, operate, and maintain cooperative pollution abatement
equipment and facilities, to engage in cooperative manpower and
job training and development programs; to develop and publish
cooperative environmental education and forest history materials;
and to perform forestry protection.
The authority in section 1 for cooperators and their employees to
perform cooperative work under Forest Service supervision would
not establish employer-employee relationships. As provided in
section 2, cooperators and their employees would be deemed to be
Federal employees only for purposes of Federal tort liability
and work-connected injuries. This is appropriate.
We recommend that from the personnel standpoint the President
sign Enrolled H.R. 10027.
By direction of the Commission:
Sincerely yours,
J3Span
Chairman
INFORMATION STATES DEPARTMENT OF )
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
December 5, 1975
Honorable James T. Lynn
Director, Office of Management
and Budget
Dear Mr. Lynn:
As requested by your office, here are our views on the enrolled enactment
H.R. 10027, "To authorize the Secretary of Agriculture to enter into
cooperative agreements which benefit certain Forest Service programs and
to advance or reimburse funds to cooperators for work performed, and for
other purposes."
The Department of Agriculture recommends that the President approve the
bill.
H.R. 10027 would authorize the Secretary of Agriculture, in administering
the programs and activities of the Forest Service, to negotiate and enter
into cooperative agreements with public or private agencies, organizations,
institutions, or persons to construct, operate and maintain cooperative
pollution abatement equipment and facilities; to engage in cooperative
manpower and job training and development programs; to develop and
publish cooperative environmental education and forest history materials;
and to perform forestry protection, including fire protection, timber
stand improvement, debris removal and thinning of trees. The Secretary
may enter into such agreements when he determines that the agreements
are in the public interest and that there exists a mutual interest other
than monetary considerations. Under H.R. 10027, the Secretary could
advance or reimburse funds to cooperators or furnish or share materials,
supplies, facilities, or equipment. Section 2 of the bill would permit
cooperators and their employees to perform work under Forest Service
supervision in emergencies or as otherwise agreed to. In such circumstances,
cooperators and their employees would be covered by Federal tort liability
and work injury laws.
Cooperation is an important administrative tool which permits the equitable
and efficient use of each party's manpower and other resources in the
attainment of common objectives. It also has the advantage of generally
resulting in net cost-savings to the Government. The Forest Service has
authority under existing law to accept cooperative contributions and to
perform work for the benefit of cooperators at their expense. In certain
activities, specified classes of cooperators may perform work or furnish
services to the Forest Service on a reimbursable or advance payment basis.
These activities include road construction and maintenance, fire suppression,
forest research, cooperation with States in the form of grants-in-aid,
and cooperative law enforcement. However, under existing law the Forest
Service does not have clear authority to have cooperators perform general
work or furnish services and facilities of benefit to any authorized
Forest Service activity.
Honorable James T. Lynn
H.R. 10027 contains clear authority to cooperate in certain key activities
for which we believe we need specific authority. For example, we have
encountered difficulty in cooperatively constructing, operating, and/or
maintaining such pollution abatement facilities as sanitary landfills,
water systems, and sewer systems. We have also had to forego opportunities
to utilize State firefighting crews for nonfire work on the National Forests
during low-fire risk periods. The cooperative authorities contained in H.R.
10027 would permit the Forest Service to take advantage of these and other
opportunities to cooperate. The bill would facilitate the administration
of Forest Service programs and clarify and complement existing cooperative
authority.
Approval of H.R. 10027 would not increase costs or result in a need for
additional appropriations. Any funds used to reimburse cooperators would
come from the Forest Service function which benefited from the cooperative
project.
Sincerely,
Campbell
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
STAYIS
WASHINGTON, D.C. 20503
DEC 8 1975
19
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10027 - Forest Service
Cooperative Agreements
Sponsor - Rep. Ullman (D) Oregon
Last Day for Action
December 13, 1975 - Saturday
Purpose
Authorizes the Secretary of Agriculture to enter into
cooperative agreements which benefit certain Forest Ser-
vice programs and to advance or reimburse funds to
cooperators for work performed.
Agency Recommendations
Office of Management and Budget
Approval
Department of Agriculture
Approval
Civil Service Commission
Approval
Discussion
H.R. 10027 would authorize the Secretary of Agriculture to
enter into cooperative agreements between the Forest Ser-
vice and public or private agencies, organizations,
institutions, or persons for certain work or services.
Such agreements could only be entered into where the
public interest will be benefited and where a mutual
interest other than monetary considerations exists. The
Secretary would be authorized to advance or reimburse
funds to cooperators from any Forest Service appropria-
tion available for similar kinds of work or by furnishing
or sharing materials, supplies, facilities, or equipment
to the cooperators.
Under these agreements, Forest Service personnel could
supervise the work performed by cooperators and their
employees in cases of emergencies or as otherwise mutually
agreed to. However, the cooperators and their employees
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b
SUBJECT:
H.R. 10027 - Forest Service Cooperative Agreements
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 1249
December 8
Date:
Time:
400pm
FOR ACTION: Paul Leach
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
December 10
Time: noon
SUBJECT:
H.R. 10027 - Forest Service Cooperative Agreements
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection. -- Ken Lazarus 12/9/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 1249
Date: December 8
Time: 400pm
FOR ACTION: Paul Leach
oh
CC (for information): Jack Marsh
Max Friedersdorf th
Jim Cavanaugh
Ken Lazarus on
FROM THE STAFF SECRETARY
DUE: Date: December 10
Time: noon
SUBJECT:
H.R. 10027 - Forest Service Cooperative Agreements
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
Calendar No. 463
94TH CONGRESS
SENATE
REPORT
1st Session
No. 94-476
COOPERATIVE AGREEMENTS FOR CERTAIN FOREST
SERVICE PROGRAMS
NOVEMBER 20 (legislative day NOVEMBER 18), 1975.-Ordered to be printed
Mr. EASTLAND, from the Committee on Agriculture and Forestry,
submitted the following
REPORT
[To accompany H.R. 10027]
The Committee on Agriculture and Forestry to which was referred
the bill (H.R. 10027) to authorize the Secretary of Agriculture to
enter into cooperative agreements which benefit certain Forest Service
programs and to advance or reimburse funds to cooperators for work
performed, and for other purposes, having considered the same, re-
ports favorably thereon without amendment and recommends that
the bill do pass.
SHORT EXPLANATION
H.R. 10027 authorizes the Secretary of Agriculture to enter into
cooperative agreements between the Forest Service and public and
private agencies, organizations, institutions, and persons, and to reim-
burse such cooperators for the performance of work by them which
benefits Forest Service programs. Such agreements could only be en-
tered into where the public interest will be benefited and where there
exists a mutual interest other than monetary considerations. Further
under these agreements, cooperators and their employees would be
able to perform cooperative work under supervision of the Forest
Service in emergencies or otherwise as mutually agreed to.
BACKGROUND AND PURPOSE
H.R. 10027 is necessary to clarify and expand existing authority
relating to cooperative agreements which may be entered into by the
Forest Service. The bill provides clear authority to the Forest Service
to engage in cooperative activities to construct, operate, and maintain
cooperative pollution abatement equipment and facilities, including
sanitary landfills, water systems, and sewer systems; to engage in co-
operative manpower and job training and development programs; to
57-010
2
3
develop materials; and to perform forestry protection, and thinning of
and publish cooperative environmental education including and forest fire
(b) To engage in cooperative manpower and job training and
development programs;
history protection, timber stand improvement, debris removal,
(c) To develop and publish cooperative environmental educa-
tion and forest history materials; and
trees. the Forest Service has been unable to enter into In cooperative other cases,
(d) To perform forestry protection, including fire protection,
At times because of the lack of statutory authority. practices
timber stand improvement, debris removal, and thinning of trees.
there have the country because of the lack of clear authority for work per-
arrangements been inconsistent and uneven administrative either
The Secretary may enter into such cooperative agreements when
he determines that the public interest will be benefited and there exists
throughout agreement or to reimburse cooperators by the
a mutual interest other than monetary considerations.
to formed negotiate or for an services, facilities, or equipment provided
Section 1 also authorizes the Secretary in such cooperative arrange-
ments to advance or reimburse funds to cooperators from any Forest
cooperator. authority provided by the bill will enable States to make maxi- year-
Service appropriation available for similar kinds of work or by fur-
The of fire crews in order that they may be maintained maintaining on a
nishing or sharing materials, supplies, facilities, or equipment without
mum use basis. States such as Oregon are having difficulty renewable re-
regard to the provisions of the Act of January 31, 1823, relating to
round throughout the year, thus endangering the boundaries. The
the advance of public moneys.
their crews contained in national forest lands within their these crews
Section 2. Supervision of cooperators
sources authority would allow the use and reimbursement of forests dur-
new nonfire work, such as reforestation, in national cooperative
Section 2 authorizes Forest Service personnel to supervise such
on needed of relatively low fire hazard as part of the available in
cooperators and their employees in emergencies or otherwise as mutu-
ing arrangements periods and assure that the crews would be readily
ally agreed to. In such cases, the cooperators and their employees
would be covered under Federal tort liability and work injury laws,
emergency fire situations.
but would not be considered Federal employees for other purposes.
COMMITTEE CONSIDERATION
Section 3. No limitation on other authority to enter into cooperative
agreements
9, 1975, Senators Hatfield and Packwood introduced reimburse
Section 3 provides that nothing in the bill shall be construed as
On April a bill to authorize the Secretary of Agriculture to Service
limiting or modifying the authority of the Secretary to enter into
S. 1382, for work performed which benefits Forest pro- and
cooperative agreements otherwise authorized by law. The bill, there-
cooperators The bill was referred to the Committee on Agriculture Conservation,
fore, supplements existing provisions of law relating to cooperative
grams. and to its Subcommittee on Environment, Soil the Depart-
agreements.
Forestry Forestry. On April 11, 1975, the bill was referred favorable to report
DEPARTMENTAL VIEWS
and of Agriculture with a request for a report. A perfecting
ment was received from the Department with a request for a
DEPARTMENT OF AGRICULTURE,
amendment. 5634, companion bill, was considered by the House Commit- of those
OFFICE OF THE SECRETARY,
H.R. Agriculture a and public hearings were held. As a result introduced
Washington, D.C., September 25, 1975.
tee on the legislation was revised and perfected and the bill re- as
Hon. HERMAN E. TALMADGE,
hearings, H.R. 10027. Further amendments were adopted and was
Chairman, Committee on Agriculture and Forestry,
U.S. Senate.
ported by the there House is Committee no controversy on Agriculture. with regard to H.R. 10027, Subcom- as
DEAR MR. CHAIRMAN: As you requested, here are our views on
Because the Committee has not held public hearings. The polled
S. 1382, a bill "To authorize the Secretary of Agriculture to reimburse
amended, on Environment, Soil Conservation, and Forestry was 1975, on
cooperators for work performed which benefits Forest Service
mittee November 4, 1975, and the full Committee voted on November 5,
programs."
The Department of Agriculture recommends that the bill be enacted
to report H.R. 10027.
with the amendment suggested herein.
SECTION-BY-SECTION ANALYSIS
S. 1382 would authorize the Secretary of Agriculture to include in
cooperative agreements between the Forest Service and public and
Section 1. Negotiation of cooperative agreements; advancing funds
private agencies, organizations, institutions, and persons, arrange-
1 authorizes the Secretary to negotiate and enter into coop- in-
ments for reimbursing such cooperators for the performance of work
erative Section agreements with public or private agencies, organizations,
by them which benefits Forest Service programs. Such agreements
could only be entered into where the public interest will be benefited
stitutions,
abatement (a) equipment and facilities, including sanitary
or To persons- construct, operate, and maintain cooperative pollution landfills,
and where there exists a mutual interest other than monetary consid-
eration. Further under these agreements, cooperators and their em-
water systems, and sewer systems;
ployees would be able to perform cooperative work under supervision
of the Forest Service in emergencies or otherwise as mutually agreed to.
S.R. 476
S.R. 476
4
5
The Forest Service has authority under existing law to accept co-
The Office of Management and Budget advises that there is no objec-
operative contributions and to perform work for the benefit of co-
tion to the presentation of this report from the standpoint of the
cooperators may perform work or furnish services, specified classes of
Administration's program.
cooperators may perform work or furnish services to the Forest Serv-
Sincerely,
ice on a reimbursable or advance payment basis. These activities in-
J. PHIL CAMPBELL,
clude road construction and maintenance, fire suppression, forest re-
Under Secretary.
search, cooperation with States in the form of grants-in-aid and
cooperative law enforcement.
The Committee has been informally advised that the Forest Service
However, existing statutes do not give the Forest Service clear
supports H.R. 10027, as amended.
authority to have cooperators perform general work or furnish serv-
ices and facilities of benefit to any authorized Forest Service activity.
COST ESTIMATE
S. 1382 would complement existing cooperative authorities by clarify-
ing the Forest Service authority to reimburse cooperators for work
In accordance with section 252 of the Legislative Reorganization
performed by them for the benefit of Forest Service programs and
Act of 1970, the Committee estimates that there would be no increased
activities and by permitting the equitable and most efficient utilization
direct costs to the Federal Government during the current and the five
of each party's manpower and other resources in the attainment of
subsequent fiscal years as a result of the enactment of the bill.
common objectives. The new cooperative authority would not be used
This cost estimate is in accord with the estimate which the Depart-
in place of regular procurement or employment where such procedures
ment of Agriculture furnished the House Committee on Agriculture
in its letters of June 18 and October 23, 1975.
are appropriate.
An example of a situation where this additional authority is needed
is in the use of State fire crews. Existing authority allows the Forest
Service to use these crews in fire suppression. The new authority con-
tained in S. 1382 would allow use and reimbursement of these crews on
needed non-fire work on National Forest land during periods of rela-
tively low fire hazard as part of mutually agreed to cooperative
arrangements. Such use would serve both State and Federal purposes
by assuring that these crews would be readily available in emergency
fire situations.
The authority in section 2 to permit the Forest Service to supervise
the cooperator and his employees would broaden and facilitate oppor-
tunities for cooperation and clarify the relationship of the parties. For
example, the Forest Service participates with other agencies in cooper-
ative agreements to provide meaningful work experience in various
public manpower and youth development programs. It is sometimes
desirable as part of the agreement for cooperators or program par-
ticipants to work under Forest Service supervision. S. 1382 would pro-
vide clear authority for such supervision, but under the bill, such
arrangements for supervision would not establish an employer-
employee relationship. Cooperators, their employees or other aids
would not be Federal employees except for the purpose of Federal
tort liability, work-connected injuries, and the use of Federally-owned
or leased passenger vehicles and aircraft.
As a perfecting amendment we recommend that line 7 on page 1 of
the bill be amended by inserting between the words "work" and "by"
the phrase "and for the furnishing of services or facilities." The in-
sertion of these terms would clarify the meaning of cooperative work
as used in S. 1382 and clarify the existing Forest Service authority
to enter into cooperative agreements for joint use and maintenance of
facilities and joint development of environmental education materials.
No increase in appropriations would be required by enactment of
S. 1382.
S.R. 476
S.R. 476
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-611
COOPERATIVE AGREEMENTS FOR CERTAIN FOREST
SERVICE PROGRAMS
NOVEMBER 1, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FOLEY, from the Committee on Agriculture,
submitted the following
REPORT
[To accompany H.R. 10027]
The Committee on Agriculture, to whom was referred the bill (H.R.
10027), to authorize the Secretary of Agriculture to enter into cooper-
ative agreements which benefit certain Forest Service programs and
to advance or reimburse funds to cooperators for work performed,
and for other purposes, having considered the same, report favor-
ably thereon with amendments and recommend that the bill as
amended do pass.
The amendments are as follows:
Page 2, strike lines 4 through the period on line 9 and insert in
lieu thereof the following:
forestry protection, including fire protection, timber stand
improvement, debris removal, and thinning of trees.
Page 3, following line 4, add the following new section:
SEC. 3. Nothing in this Act shall be construed as limiting
or modifying the authority of the Secretary to enter into
cooperative agreements otherwise authorized by law.
PURPOSE AND NEED FOR THE LEGISLATION
H.R. 10027, as amended, authorizes the Secretary of Agriculture
to enter into cooperative agreements which benefit certain Forest
Service programs and to advance or reimburse funds to cooperators
for work performed.
H.R. 10027, as amended, is necessary to clarify and expand existing
authority relating to cooperative agreements which may be entered
into by the Forest Service. The bill will provide clear authority to the
Forest Service to engage in cooperative activities to construct, operate,
57-006
3
2
without regard to the provsions of the Act of January 31, 1823, relat-
and maintain cooperative pollution abatement equipment and facili-
ing to the advance of public money.
ties, including sanitary landfills, water systems, and sewer systems;
Section 2 authorizes Forest Service personnel to supervise such co-
to engage in cooperative manpower and job training and development
operators and their employees in emergencies or otherwise as mutually
programs; to develop and publish cooperative environmental educa-
agreed to and in such cases said cooperators and their employees would
tion and forest history materials; and to perform forestry protection,
be covered under Federal tort liability and work injury laws, but would
including fire protection, timber stand improvement, debris removal,
not be considered Federal employees for other purposes.
and thinning of trees.
Section 3 provides that nothing in this Act shall be construed as
At times the Forest Service has been unable to enter into coopera-
limiting or modifying the authority of the Secretary to enter into coop-
tive arrangements which would benefit the program because of the
erative agreements otherwise authorized by law. This section makes
lack of statutory authority. In other cases there have been inconsistent
clear that H.R. 10027, as amended, is intended to supplement, not sup-
and uneven administrative practices throughout the country because
plant, existing provisions of law relating to cooperative agreements.
of the lack of clear authority either to negotiate an agreement or to
reimburse cooperators for work performed or for services, facilities
COMMITTEE CONSIDERATION
or equipment provided by the cooperator.
The authority provided by H. R. 10027, as amended, would enable
H.R. 5634, "To authorize the Secretary of Agriculture to reim-
States to make maximum use of fire crews SO they may be maintained
burse cooperators for work performed which benefits Forest Service
on a year-round basis. States, such as Oregon, are having difficulty
programs," was introduced by Mr. Ullman for himself and the other
maintaining their crews throughout the year thus endangering the
Members of the Oregon Delegation in the House on March 26, 1975.
renewable resources contained in national forest lands within their
On June 19, 1975, the Subcommittee on Forests conducted a public
boundaries. The new authority would allow the use and reimbursement
hearing on H.R. 5634. At that time, testimony was received from
of these crews on needed nonfire work in national forests during
Congressman Ullman, the U.S. Forest Service, the National Forest
periods of relatively low fire hazard as part of the cooperative ar-
Products Association, the American Forestry Association, the Na-
rangement and assure that the crews would be readily available in
tional Association of State Foresters, the Oregon Forest Protection
emergency fire situations.
Association and East Oregon Forest Protective Association, and the
It is the Committee's intention that the authority for cooperative
Oregon State Forester.
agreements for forestry protection would not be used for the purpose
All testimony and correspondence received by the Subcommittee
of commercial timber sales. Further, the authority provided by this
have been favorable.
legislation would be applicable only to land and programs within
John Melcher of Montana, a Member of the Subcommittee ex-
the jurisdiction of the Forest Service.
pressed reservations in questioning John McGuire, Chief of the Forest
Service, about the bill H.R. 5634 as drafted because he felt that the
SECTION-BY-SECTION ANALYSIS
authority contained therein was too broad. H.R. 5634 provided au-
thority for cooperative agreements of the Forest Service for the bene-
The bill provides as follows:
fit of any of its programs and activities.
Section 1 authorizes the Secretary to negotiate and enter into coop-
In an attempt to meet Mr. Melcher's objections, Mr. Ullman revised
erative agreements with public or private agencies, organizations, in-
H.R. 5634 and introduced the revised legislation as H.R. 10027 on
stitutions, or persons for the following purposes:
October 3, 1975.
(a) to construct, operate, and maintain cooperative pollution
On October 7, the Subcommittee on Forests, meeting in an open busi-
abatement equipment and facilities, including sanitary landfills,
ness meeting and with a quorum present ordered H.R. 10027 re-
water systems, and sewer systems;
ported to the full Committee by a rollcall vote of 10 yeas to 0 nays,
(b) to engage in cooperative manpower and job training and de-
with the recommendation that it do pass with two amendments. One
velopment programs;
provided further restrictions on the types of cooperative agreements
(c) to develop and publish cooperative environmental education
covered by the legislation; the second amendment specified that this
and forest history materials; and
legislation does not affect the authority of the Secretary to enter into
(d) to perform forestry protection, including fire protection,
cooperative agreements otherwise authorized by law.
timber stand improvement, debris removal, and thinning of trees.
On October 30, 1975, the Committee on Agriculture after adopting
The Secretary may enter into said cooperative agreements when he
two technical amendments reported the bill by a unanimous voice
determines that the public interest will be benefitted, and there exists a
vote in the presence of a quorum.
mutual interest other than monetary considerations.
The section also authorizes the Secretary in such cooperative ar-
ADMINISTRATION POSITION
rangements to advance or reimburse funds to cooperators from any
Forest Service appropriation available for similar kinds of work or
The following letter dated June 18, 1975, was received by Chairman
by furnishing or sharing materials, supplies, facilities, or equipment
Foley in response to his request for a report on H.R. 5634:
H.R. 611
H.R. 611
4
5
DEPARTMENT OF AGRICULTURE,
tunities for cooperation and clarify the relationship of the parties.
OFFICE OF THE SECRETARY,
For example, the Forest Service participates with other agencies in
Washington, D.C., June 18, 1975.
cooperative agreements to provide meaningful work experence in vari-
Hon. THOMAS S. FOLEY,
ous public manpower and youth development programs. It is some-
Chairman, Committee on Agriculture,
times desirable as part of the agreement for cooperators or program
House of Representatives.
participants to work under Forest Service supervision. H.R. 5634
DEAR MR. CHAIRMAN As you requested, here is our report on H.R.
would provide clear authority for such supervision, but under the bill,
5634, a bill "To authorize the Secretary of Agriculture to re-
such arrangements for supervision would not establish an employer-
imburse cooperators for work performed which benefits Forest Service
employee relationship. Cooperators, their employees or other aids
programs."
would not be deemed Federal employees except for the purpose of
The Department of Agriculture recommends that the bill be enacted
Federal tort liability, work-connected injuries, and the use of Feder-
with the amendment suggested herein.
ally-owned or leased passenger vehicles and aircraft.
H.R. 5634 would authorize the Secretary of Agriculture to include
As a perfecting amendment we recommend that line 7 on page 1 of
in cooperative agreements between the Forest Service and public and
the bill be amended by inserting between the words "work" and "by"
private agencies, organizations, institutions, and persons arrangements
the phrase "and for the furnishing of services or facilities." The inser-
for reimbrusing such cooperators for the performance of work by them
tion of this phrase would clarify the meaning of cooperative work as
which. benefits Forest Service programs. Such agreements could only
used in H.R. 5634 and clarify the existing Forest Service authority to
be entered into where the public interest will be benefited and where
enter into cooperative agreements for joint use and maintenance of
there exists a mutual interest other than monetary consideration.
facilities and joint development of environmental education materials.
Further under these agreements, cooperators and their employees
No increase in appropriations would be requred by enactment of
would be able to perform cooperative work under supervision of the
H.R. 5634.
Forest Service in emergencies or otherwise as mutually agreed to.
The Office of Management and Budget advises that there is no objec-
The Forest Service has authority under existing law to accept co-
tion to the presentation of this report from the standpoint of the Ad-
operative contributions and to perform work for the benefit of co-
ministration's program.
operators at their expense. In certain activities, specified classes of
Sincerely,
cooperators may perform work or furnish services to the Forest Serv-
ROBERT W. LONG,
ice on a reimbursable or advance payment basis. These activities in-
Acting Secretary.
clude road construction and maintenance, fire suppression, forest re-
The Committee has been informally advised that the Forest Serv-
search, cooperation with States in the form of grants-in-aid, and co-
ice supports H.R. 10027, as amended.
operative law enforcement.
The Committee received the following letter from the Forest Service
However, under existing law the Forest Service does not have clear
regarding its estimates of costs that would be incurred in implementa-
authority to have cooperators perform general work or furnish serv-
tion of H.R. 10027, as amended:
ices and facilities of benefit to any authorized Forest Service activity.
H.R. 5634 would complement existing cooperative authorities by clari-
UNITED STATES DEPARTMENT OF AGRICULTURE,
fying the Forest Service authority to reimburse cooperators for work
FOREST SERVICE,
performed by them for the benefit of Forest Service programs and
Washington, D.C., October 23, 1975.
activities and by permitting the equitable and most efficient utilization
Hon. THOMAS S. FOLEY,
of each party's manpower and other resources in the attainment of
Chairman, Committee on Agriculture,
common objectives. The new cooperative authority would not be used in
House of Representatives.
place of regular procurement or employment where such procedures
DEAR MR. CHAIRMAN Committee staff has asked us to provide an
are appropriate.
estimate of costs required to implement H.R. 10027, a bill "To author-
An example of a situation where this additional authority is needed
izé the Secretary of Agriculture to enter into cooperative agreements
is in the use of State fire crews. Existing authority allows the Forest
which benefit certain Forest Service programs and to advance or re-
Service to use the crews in fire suppression. The new authority con-
imburse funds to cooperators for work performed and for other
tained in H.R. 5634 would allow use and reimbursement of these crews
purposes."
on needed non-fire work on National Forest land during periods of
In our report and testimony on the original bill, H.R. 5634, we indi-
relatively low fire hazard as part of mutually agreed to cooperative
cated that no direct costs would result from enactment of legislation
arrangements. Such use would serve both State and Federal purposes
to authorize reimbursement of Forest Service cooperators. Similarly,
by assuring that these crews would be readily available in emergency
no direct costs would result from enactment of H.R. 10027. In fact,
fire situations.
the accomplishment of Forest Service work through cooperation gen-
The authority in section 2 to permit the Forest Service to supervise
erally results in a net cost-savings to the Government.
the cooperator and his employees would broaden and facilitate oppor-
Any funds used to reimburse cooperators would come from the
Forest Service activity or function which benefited from the coopera-
H.R. 611
H.R. 611
6
tive project. For example, if during a low fire risk period, a State fire-
fighting crew were able to perform reforestation work on a nearby
National Forest, funds appropriated for timber management and re-
forestation purposes would be utilized to reimburse the State.
Sincerely,
R. MAX PETERSON,
Deputy Chief.
CURRENT AND FIVE SUBSEQUENT FISCAL YEAR COST ESTIMATES
Pursuant to clause 7 of Rule XIII of the Rules of the House of
Representatives, the Committee estimates that there would be no cost
to the Federal Government during the current and the five subsequent
fiscal years as a result of enactment of this legislation. As stated by
the Department of Agriculture " no direct costs would result
from enactment of H.R. 10027. In fact, the accomplishment of Forest
Service work through cooperation generally results in a net cost-
savings to the Government."
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(1) (4), Rule XI, of the Rules of the House of
Representatives, the Committee estimates that enactment of H.R.
10027, as amended, will have no inflationary impact on the national
economy.
BUDGET ACT COMPLIANCE (SECTION 308 AND SECTION 403)
The provisions of clause 1(3) (B) of Rule XI of the House of Rep-
resentatives and section 308(a) of the Congressional Budget Act of
1974 (relating to estimates of new budget authority or new or in-
creased tax expenditures) are not considered applicable. There was no
estimate and comparison prepared by the Director of the Congres-
sional Budget Office under clause 1(3) (C) of Rule XI of the House
of Representatives and section 403 of the Congressional Budget Act of
1974 submitted to the Committee prior to the filing of this report.
OVERSIGHT STATEMENT
No specific oversight activities, other than the hearings accompany-
ing the Committee's consideration of H.R. 10027, as amended, and
H.R. 5634 were made by the Committee, within the definition of clause
2(b) (1) of Rule X of the House. No summary of oversight findings
and recommendations made by the Committee on Government Opera-
tions under clause 2(b) (2) of Rule X of the Rules of the House of
Representatives was available to the Committee with reference to the
subject matter specifically addressed by H.R. 10027, as amended.
H.R. 611
H. R. 10027
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To authorize the Secretary of Agriculture to enter into cooperative agreements
which benefit certain Forest Service programs and to advance or reimburse
funds to cooperators for work performed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That to facilitate the
administration of the programs and activities of the Forest Service,
the Secretary is authorized to negotiate and enter into cooperative
agreements with public or private agencies, organizations, institutions,
or persons to construct, operate, and maintain cooperative pollution
abatement equipment and facilities, including sanitary landfills, water
systems, and sewer systems; to engage in cooperative manpower and
job training and development programs; to develop and publish coop-
erative environmental education and forest history materials; and to
perform forestry protection, including fire protection, timber stand
improvement, debris removal, and thinning of trees. The Secretary
may enter into aforesaid agreements when he determines that the
public interest will be benefited and that there exists a mutual interest
other than monetary considerations. In such cooperative arrange-
ments, the Secretary is authorized to advance or reimburse funds to
cooperators from any Forest Service appropriation available for
similar kinds of work or by furnishing or sharing materials, supplies,
facilities, or equipment without regard to the provisions of the Act
of January 31, 1823 (Rev. Stat. 3648, as amended; 31 U.S.C. 529),
relating to the advance of public moneys.
SEC. 2. In any agreement authorized by section 1, cooperators and
their employees may perform cooperative work under supervision of
the Forest Service in emergencies or otherwise as mutually agreed to,
but shall not be deemed to be Federal employees other than for the pur-
poses of chapter 171 of title 28, United States Code, and chapter 81
of title 5, United States Code.
SEC. 3. Nothing in this Act shall be construed as limiting or modify-
ing the authority of the Secretary to enter into cooperative agreements
otherwise authorized by law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 2, 1975
Dear Mr. Director:
The following bills were received at the White
House on December 2nd:
S. 267
S. 1245
H.R. 6692
H.R. 10027
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.
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"ocrText": "The original documents are located in Box 33, folder \"12/12/75 HR10027 Forest Service\nCooperative Agreements\" of the White House Records Office: Legislation Case Files at the\nGerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 33 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nAPPROVED DEC12 1975\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nLast Day: December 13\nDecember 10, 1975\nto ARCHIVES\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nJIM CANNON\nSUBJECT:\nH.R. 10027 - Forest Service\nCooperative Agreements\nAttached for your consideration is H.R. 10027, sponsored\nby Representative Ullman, which authorizes the Secretary\nof Agriculture to enter into cooperative agreements\nwhich benefit certain Forest Service programs and to\nadvance or reimburse funds to cooperators for work\nperformed.\nA discussion of the enrolled bill is provided in OMB's\nbill report at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and\nI recommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign H.R. 10027 at Tab B.\nFORD & LIBRARY QERALD\nOF THE\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nDESIRIVE\nSTATES\nWASHINGTON, D.C. 20503\nDEC 8 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10027 - Forest Service\nCooperative Agreements\nSponsor - Rep. Ullman (D) Oregon\nLast Day for Action\nDecember 13, 1975 - Saturday\nPurpose\nAuthorizes the Secretary of Agriculture to enter into\ncooperative agreements which benefit certain Forest Ser-\nvice programs and to advance or reimburse funds to\ncooperators for work performed.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nCivil Service Commission\nApproval\nDiscussion\nH.R. 10027 would authorize the Secretary of Agriculture to\nenter into cooperative agreements between the Forest Ser-\nvice and public or private agencies, organizations,\ninstitutions, or persons for certain work or services.\nSuch agreements could only be entered into where the\npublic interest will be benefited and where a mutual\ninterest other than monetary considerations exists. The\nSecretary would be authorized to advance or reimburse\nfunds to cooperators from any Forest Service appropria-\ntion available for similar kinds of work or by furnishing\nor sharing materials, supplies, facilities, or equipment\nto the cooperators.\nUnder these agreements, Forest Service personnel could\nsupervise the work performed by cooperators and their\nemployees in cases of emergencies or as otherwise mutually\nagreed to. However, the cooperators and their employees\n2\nwould not be deemed Federal employees except for purposes\nof Federal tort liability and work-connected injuries.\nIn its enrolled bill letter, Agriculture explains the need\nfor this legislation:\n\"Cooperation is an important administrative tool\nwhich permits the equitable and efficient use of\neach party's manpower and other resources in the\nattainment of common objectives. It also has the\nadvantage of generally resulting in net cost-savings\nto the Government. The Forest Service has authority\nunder existing law to accept cooperative contribu-\ntions and to perform work for the benefit of\ncooperators at their expense. In certain activities,\nspecified classes of cooperators may perform work\nor furnish services to the Forest Service on a\nreimbursable or advance payment basis. These\nactivities include road construction and maintenance,\nfire suppression, forest research, cooperation with\nStates in the form of grants-in-aid, and cooperative\nlaw enforcement. However, under existing law, the\nForest Service does not have clear authority to have\ncooperators perform general work or furnish ser-\nvices and facilities of benefit to any authorized\nForest Service activity.\nH.R. 10027 contains clear authority to cooperate\nin certain key activities for which we believe\nwe need specific authority. For example, we\nhave encountered difficulty in cooperatively con-\nstructing, operating, and/or maintaining such\npollution abatement facilities as sanitary land-\nfills, water systems, and sewer systems. We have\nalso had to forego opportunities to utilize State\nfirefighting crews for nonfire work on the\nNational Forests during low-fire risk periods.\nThe cooperative authorities contained in H.R. 10027\nwould permit the Forest Service to take advantage\nof these and other opportunities to cooperate.\nThe bill would facilitate the administration of\nForest Service programs and clarify and complement\nexisting cooperative authority.\"\nJames James M. Frey\nAssistant Director for\nLegislative Reference\nEnclosures\nUNITED\nSENIES\nCIVIL SEND\nUNITED STATES CIVIL SERVICE COMMISSION\nWASHINGTON, D.C. 20415\nCHAIRMAN\nDecember 5, 1975\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D.C. 20503\nAttention: Assistant Director for\nLegislative Reference\nDear Mr. Lynn:\nThis is in reply to your request for the views of the Civil Service\nCommission on Enrolled H.R. 10027, \"To authorize the Secretary of\nAgriculture to enter into cooperative agreements which benefit\ncertain Forest Service programs and to advance or reimburse funds\nto cooperators for work performed, and for other purposes.\"\nSection 1 of this bill would authorize the Secretary of Agriculture\nto negotiate and enter into cooperative agreements with public or\nprivate agencies, organizations, institutions, or persons, to\nconstruct, operate, and maintain cooperative pollution abatement\nequipment and facilities, to engage in cooperative manpower and\njob training and development programs; to develop and publish\ncooperative environmental education and forest history materials;\nand to perform forestry protection.\nThe authority in section 1 for cooperators and their employees to\nperform cooperative work under Forest Service supervision would\nnot establish employer-employee relationships. As provided in\nsection 2, cooperators and their employees would be deemed to be\nFederal employees only for purposes of Federal tort liability\nand work-connected injuries. This is appropriate.\nWe recommend that from the personnel standpoint the President\nsign Enrolled H.R. 10027.\nBy direction of the Commission:\nSincerely yours,\nJ3Span\nChairman\nINFORMATION STATES DEPARTMENT OF )\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D. C. 20250\nDecember 5, 1975\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nDear Mr. Lynn:\nAs requested by your office, here are our views on the enrolled enactment\nH.R. 10027, \"To authorize the Secretary of Agriculture to enter into\ncooperative agreements which benefit certain Forest Service programs and\nto advance or reimburse funds to cooperators for work performed, and for\nother purposes.\"\nThe Department of Agriculture recommends that the President approve the\nbill.\nH.R. 10027 would authorize the Secretary of Agriculture, in administering\nthe programs and activities of the Forest Service, to negotiate and enter\ninto cooperative agreements with public or private agencies, organizations,\ninstitutions, or persons to construct, operate and maintain cooperative\npollution abatement equipment and facilities; to engage in cooperative\nmanpower and job training and development programs; to develop and\npublish cooperative environmental education and forest history materials;\nand to perform forestry protection, including fire protection, timber\nstand improvement, debris removal and thinning of trees. The Secretary\nmay enter into such agreements when he determines that the agreements\nare in the public interest and that there exists a mutual interest other\nthan monetary considerations. Under H.R. 10027, the Secretary could\nadvance or reimburse funds to cooperators or furnish or share materials,\nsupplies, facilities, or equipment. Section 2 of the bill would permit\ncooperators and their employees to perform work under Forest Service\nsupervision in emergencies or as otherwise agreed to. In such circumstances,\ncooperators and their employees would be covered by Federal tort liability\nand work injury laws.\nCooperation is an important administrative tool which permits the equitable\nand efficient use of each party's manpower and other resources in the\nattainment of common objectives. It also has the advantage of generally\nresulting in net cost-savings to the Government. The Forest Service has\nauthority under existing law to accept cooperative contributions and to\nperform work for the benefit of cooperators at their expense. In certain\nactivities, specified classes of cooperators may perform work or furnish\nservices to the Forest Service on a reimbursable or advance payment basis.\nThese activities include road construction and maintenance, fire suppression,\nforest research, cooperation with States in the form of grants-in-aid,\nand cooperative law enforcement. However, under existing law the Forest\nService does not have clear authority to have cooperators perform general\nwork or furnish services and facilities of benefit to any authorized\nForest Service activity.\nHonorable James T. Lynn\nH.R. 10027 contains clear authority to cooperate in certain key activities\nfor which we believe we need specific authority. For example, we have\nencountered difficulty in cooperatively constructing, operating, and/or\nmaintaining such pollution abatement facilities as sanitary landfills,\nwater systems, and sewer systems. We have also had to forego opportunities\nto utilize State firefighting crews for nonfire work on the National Forests\nduring low-fire risk periods. The cooperative authorities contained in H.R.\n10027 would permit the Forest Service to take advantage of these and other\nopportunities to cooperate. The bill would facilitate the administration\nof Forest Service programs and clarify and complement existing cooperative\nauthority.\nApproval of H.R. 10027 would not increase costs or result in a need for\nadditional appropriations. Any funds used to reimburse cooperators would\ncome from the Forest Service function which benefited from the cooperative\nproject.\nSincerely,\nCampbell\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nSTAYIS\nWASHINGTON, D.C. 20503\nDEC 8 1975\n19\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10027 - Forest Service\nCooperative Agreements\nSponsor - Rep. Ullman (D) Oregon\nLast Day for Action\nDecember 13, 1975 - Saturday\nPurpose\nAuthorizes the Secretary of Agriculture to enter into\ncooperative agreements which benefit certain Forest Ser-\nvice programs and to advance or reimburse funds to\ncooperators for work performed.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Agriculture\nApproval\nCivil Service Commission\nApproval\nDiscussion\nH.R. 10027 would authorize the Secretary of Agriculture to\nenter into cooperative agreements between the Forest Ser-\nvice and public or private agencies, organizations,\ninstitutions, or persons for certain work or services.\nSuch agreements could only be entered into where the\npublic interest will be benefited and where a mutual\ninterest other than monetary considerations exists. The\nSecretary would be authorized to advance or reimburse\nfunds to cooperators from any Forest Service appropria-\ntion available for similar kinds of work or by furnishing\nor sharing materials, supplies, facilities, or equipment\nto the cooperators.\nUnder these agreements, Forest Service personnel could\nsupervise the work performed by cooperators and their\nemployees in cases of emergencies or as otherwise mutually\nagreed to. However, the cooperators and their employees\nAttached document was not scanned because it is duplicated elsewhere in the document\nTHE WHITE HOUSE\nWASHINGTON\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF m.b\nSUBJECT:\nH.R. 10027 - Forest Service Cooperative Agreements\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed.\nAttachments\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 1249\nDecember 8\nDate:\nTime:\n400pm\nFOR ACTION: Paul Leach\nCC (for information):\nJack Marsh\nMax Friedersdorf\nJim Cavanaugh\nKen Lazarus\nFROM THE STAFF SECRETARY\nDUE: Date:\nDecember 10\nTime: noon\nSUBJECT:\nH.R. 10027 - Forest Service Cooperative Agreements\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection. -- Ken Lazarus 12/9/75\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\ntelephone the Staff Secretary immediately.\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 1249\nDate: December 8\nTime: 400pm\nFOR ACTION: Paul Leach\noh\nCC (for information): Jack Marsh\nMax Friedersdorf th\nJim Cavanaugh\nKen Lazarus on\nFROM THE STAFF SECRETARY\nDUE: Date: December 10\nTime: noon\nSUBJECT:\nH.R. 10027 - Forest Service Cooperative Agreements\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nCalendar No. 463\n94TH CONGRESS\nSENATE\nREPORT\n1st Session\nNo. 94-476\nCOOPERATIVE AGREEMENTS FOR CERTAIN FOREST\nSERVICE PROGRAMS\nNOVEMBER 20 (legislative day NOVEMBER 18), 1975.-Ordered to be printed\nMr. EASTLAND, from the Committee on Agriculture and Forestry,\nsubmitted the following\nREPORT\n[To accompany H.R. 10027]\nThe Committee on Agriculture and Forestry to which was referred\nthe bill (H.R. 10027) to authorize the Secretary of Agriculture to\nenter into cooperative agreements which benefit certain Forest Service\nprograms and to advance or reimburse funds to cooperators for work\nperformed, and for other purposes, having considered the same, re-\nports favorably thereon without amendment and recommends that\nthe bill do pass.\nSHORT EXPLANATION\nH.R. 10027 authorizes the Secretary of Agriculture to enter into\ncooperative agreements between the Forest Service and public and\nprivate agencies, organizations, institutions, and persons, and to reim-\nburse such cooperators for the performance of work by them which\nbenefits Forest Service programs. Such agreements could only be en-\ntered into where the public interest will be benefited and where there\nexists a mutual interest other than monetary considerations. Further\nunder these agreements, cooperators and their employees would be\nable to perform cooperative work under supervision of the Forest\nService in emergencies or otherwise as mutually agreed to.\nBACKGROUND AND PURPOSE\nH.R. 10027 is necessary to clarify and expand existing authority\nrelating to cooperative agreements which may be entered into by the\nForest Service. The bill provides clear authority to the Forest Service\nto engage in cooperative activities to construct, operate, and maintain\ncooperative pollution abatement equipment and facilities, including\nsanitary landfills, water systems, and sewer systems; to engage in co-\noperative manpower and job training and development programs; to\n57-010\n2\n3\ndevelop materials; and to perform forestry protection, and thinning of\nand publish cooperative environmental education including and forest fire\n(b) To engage in cooperative manpower and job training and\ndevelopment programs;\nhistory protection, timber stand improvement, debris removal,\n(c) To develop and publish cooperative environmental educa-\ntion and forest history materials; and\ntrees. the Forest Service has been unable to enter into In cooperative other cases,\n(d) To perform forestry protection, including fire protection,\nAt times because of the lack of statutory authority. practices\ntimber stand improvement, debris removal, and thinning of trees.\nthere have the country because of the lack of clear authority for work per-\narrangements been inconsistent and uneven administrative either\nThe Secretary may enter into such cooperative agreements when\nhe determines that the public interest will be benefited and there exists\nthroughout agreement or to reimburse cooperators by the\na mutual interest other than monetary considerations.\nto formed negotiate or for an services, facilities, or equipment provided\nSection 1 also authorizes the Secretary in such cooperative arrange-\nments to advance or reimburse funds to cooperators from any Forest\ncooperator. authority provided by the bill will enable States to make maxi- year-\nService appropriation available for similar kinds of work or by fur-\nThe of fire crews in order that they may be maintained maintaining on a\nnishing or sharing materials, supplies, facilities, or equipment without\nmum use basis. States such as Oregon are having difficulty renewable re-\nregard to the provisions of the Act of January 31, 1823, relating to\nround throughout the year, thus endangering the boundaries. The\nthe advance of public moneys.\ntheir crews contained in national forest lands within their these crews\nSection 2. Supervision of cooperators\nsources authority would allow the use and reimbursement of forests dur-\nnew nonfire work, such as reforestation, in national cooperative\nSection 2 authorizes Forest Service personnel to supervise such\non needed of relatively low fire hazard as part of the available in\ncooperators and their employees in emergencies or otherwise as mutu-\ning arrangements periods and assure that the crews would be readily\nally agreed to. In such cases, the cooperators and their employees\nwould be covered under Federal tort liability and work injury laws,\nemergency fire situations.\nbut would not be considered Federal employees for other purposes.\nCOMMITTEE CONSIDERATION\nSection 3. No limitation on other authority to enter into cooperative\nagreements\n9, 1975, Senators Hatfield and Packwood introduced reimburse\nSection 3 provides that nothing in the bill shall be construed as\nOn April a bill to authorize the Secretary of Agriculture to Service\nlimiting or modifying the authority of the Secretary to enter into\nS. 1382, for work performed which benefits Forest pro- and\ncooperative agreements otherwise authorized by law. The bill, there-\ncooperators The bill was referred to the Committee on Agriculture Conservation,\nfore, supplements existing provisions of law relating to cooperative\ngrams. and to its Subcommittee on Environment, Soil the Depart-\nagreements.\nForestry Forestry. On April 11, 1975, the bill was referred favorable to report\nDEPARTMENTAL VIEWS\nand of Agriculture with a request for a report. A perfecting\nment was received from the Department with a request for a\nDEPARTMENT OF AGRICULTURE,\namendment. 5634, companion bill, was considered by the House Commit- of those\nOFFICE OF THE SECRETARY,\nH.R. Agriculture a and public hearings were held. As a result introduced\nWashington, D.C., September 25, 1975.\ntee on the legislation was revised and perfected and the bill re- as\nHon. HERMAN E. TALMADGE,\nhearings, H.R. 10027. Further amendments were adopted and was\nChairman, Committee on Agriculture and Forestry,\nU.S. Senate.\nported by the there House is Committee no controversy on Agriculture. with regard to H.R. 10027, Subcom- as\nDEAR MR. CHAIRMAN: As you requested, here are our views on\nBecause the Committee has not held public hearings. The polled\nS. 1382, a bill \"To authorize the Secretary of Agriculture to reimburse\namended, on Environment, Soil Conservation, and Forestry was 1975, on\ncooperators for work performed which benefits Forest Service\nmittee November 4, 1975, and the full Committee voted on November 5,\nprograms.\"\nThe Department of Agriculture recommends that the bill be enacted\nto report H.R. 10027.\nwith the amendment suggested herein.\nSECTION-BY-SECTION ANALYSIS\nS. 1382 would authorize the Secretary of Agriculture to include in\ncooperative agreements between the Forest Service and public and\nSection 1. Negotiation of cooperative agreements; advancing funds\nprivate agencies, organizations, institutions, and persons, arrange-\n1 authorizes the Secretary to negotiate and enter into coop- in-\nments for reimbursing such cooperators for the performance of work\nerative Section agreements with public or private agencies, organizations,\nby them which benefits Forest Service programs. Such agreements\ncould only be entered into where the public interest will be benefited\nstitutions,\nabatement (a) equipment and facilities, including sanitary\nor To persons- construct, operate, and maintain cooperative pollution landfills,\nand where there exists a mutual interest other than monetary consid-\neration. Further under these agreements, cooperators and their em-\nwater systems, and sewer systems;\nployees would be able to perform cooperative work under supervision\nof the Forest Service in emergencies or otherwise as mutually agreed to.\nS.R. 476\nS.R. 476\n4\n5\nThe Forest Service has authority under existing law to accept co-\nThe Office of Management and Budget advises that there is no objec-\noperative contributions and to perform work for the benefit of co-\ntion to the presentation of this report from the standpoint of the\ncooperators may perform work or furnish services, specified classes of\nAdministration's program.\ncooperators may perform work or furnish services to the Forest Serv-\nSincerely,\nice on a reimbursable or advance payment basis. These activities in-\nJ. PHIL CAMPBELL,\nclude road construction and maintenance, fire suppression, forest re-\nUnder Secretary.\nsearch, cooperation with States in the form of grants-in-aid and\ncooperative law enforcement.\nThe Committee has been informally advised that the Forest Service\nHowever, existing statutes do not give the Forest Service clear\nsupports H.R. 10027, as amended.\nauthority to have cooperators perform general work or furnish serv-\nices and facilities of benefit to any authorized Forest Service activity.\nCOST ESTIMATE\nS. 1382 would complement existing cooperative authorities by clarify-\ning the Forest Service authority to reimburse cooperators for work\nIn accordance with section 252 of the Legislative Reorganization\nperformed by them for the benefit of Forest Service programs and\nAct of 1970, the Committee estimates that there would be no increased\nactivities and by permitting the equitable and most efficient utilization\ndirect costs to the Federal Government during the current and the five\nof each party's manpower and other resources in the attainment of\nsubsequent fiscal years as a result of the enactment of the bill.\ncommon objectives. The new cooperative authority would not be used\nThis cost estimate is in accord with the estimate which the Depart-\nin place of regular procurement or employment where such procedures\nment of Agriculture furnished the House Committee on Agriculture\nin its letters of June 18 and October 23, 1975.\nare appropriate.\nAn example of a situation where this additional authority is needed\nis in the use of State fire crews. Existing authority allows the Forest\nService to use these crews in fire suppression. The new authority con-\ntained in S. 1382 would allow use and reimbursement of these crews on\nneeded non-fire work on National Forest land during periods of rela-\ntively low fire hazard as part of mutually agreed to cooperative\narrangements. Such use would serve both State and Federal purposes\nby assuring that these crews would be readily available in emergency\nfire situations.\nThe authority in section 2 to permit the Forest Service to supervise\nthe cooperator and his employees would broaden and facilitate oppor-\ntunities for cooperation and clarify the relationship of the parties. For\nexample, the Forest Service participates with other agencies in cooper-\native agreements to provide meaningful work experience in various\npublic manpower and youth development programs. It is sometimes\ndesirable as part of the agreement for cooperators or program par-\nticipants to work under Forest Service supervision. S. 1382 would pro-\nvide clear authority for such supervision, but under the bill, such\narrangements for supervision would not establish an employer-\nemployee relationship. Cooperators, their employees or other aids\nwould not be Federal employees except for the purpose of Federal\ntort liability, work-connected injuries, and the use of Federally-owned\nor leased passenger vehicles and aircraft.\nAs a perfecting amendment we recommend that line 7 on page 1 of\nthe bill be amended by inserting between the words \"work\" and \"by\"\nthe phrase \"and for the furnishing of services or facilities.\" The in-\nsertion of these terms would clarify the meaning of cooperative work\nas used in S. 1382 and clarify the existing Forest Service authority\nto enter into cooperative agreements for joint use and maintenance of\nfacilities and joint development of environmental education materials.\nNo increase in appropriations would be required by enactment of\nS. 1382.\nS.R. 476\nS.R. 476\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-611\nCOOPERATIVE AGREEMENTS FOR CERTAIN FOREST\nSERVICE PROGRAMS\nNOVEMBER 1, 1975.-Committed to the Committee of the Whole House on the\nState of the Union and ordered to be printed\nMr. FOLEY, from the Committee on Agriculture,\nsubmitted the following\nREPORT\n[To accompany H.R. 10027]\nThe Committee on Agriculture, to whom was referred the bill (H.R.\n10027), to authorize the Secretary of Agriculture to enter into cooper-\native agreements which benefit certain Forest Service programs and\nto advance or reimburse funds to cooperators for work performed,\nand for other purposes, having considered the same, report favor-\nably thereon with amendments and recommend that the bill as\namended do pass.\nThe amendments are as follows:\nPage 2, strike lines 4 through the period on line 9 and insert in\nlieu thereof the following:\nforestry protection, including fire protection, timber stand\nimprovement, debris removal, and thinning of trees.\nPage 3, following line 4, add the following new section:\nSEC. 3. Nothing in this Act shall be construed as limiting\nor modifying the authority of the Secretary to enter into\ncooperative agreements otherwise authorized by law.\nPURPOSE AND NEED FOR THE LEGISLATION\nH.R. 10027, as amended, authorizes the Secretary of Agriculture\nto enter into cooperative agreements which benefit certain Forest\nService programs and to advance or reimburse funds to cooperators\nfor work performed.\nH.R. 10027, as amended, is necessary to clarify and expand existing\nauthority relating to cooperative agreements which may be entered\ninto by the Forest Service. The bill will provide clear authority to the\nForest Service to engage in cooperative activities to construct, operate,\n57-006\n3\n2\nwithout regard to the provsions of the Act of January 31, 1823, relat-\nand maintain cooperative pollution abatement equipment and facili-\ning to the advance of public money.\nties, including sanitary landfills, water systems, and sewer systems;\nSection 2 authorizes Forest Service personnel to supervise such co-\nto engage in cooperative manpower and job training and development\noperators and their employees in emergencies or otherwise as mutually\nprograms; to develop and publish cooperative environmental educa-\nagreed to and in such cases said cooperators and their employees would\ntion and forest history materials; and to perform forestry protection,\nbe covered under Federal tort liability and work injury laws, but would\nincluding fire protection, timber stand improvement, debris removal,\nnot be considered Federal employees for other purposes.\nand thinning of trees.\nSection 3 provides that nothing in this Act shall be construed as\nAt times the Forest Service has been unable to enter into coopera-\nlimiting or modifying the authority of the Secretary to enter into coop-\ntive arrangements which would benefit the program because of the\nerative agreements otherwise authorized by law. This section makes\nlack of statutory authority. In other cases there have been inconsistent\nclear that H.R. 10027, as amended, is intended to supplement, not sup-\nand uneven administrative practices throughout the country because\nplant, existing provisions of law relating to cooperative agreements.\nof the lack of clear authority either to negotiate an agreement or to\nreimburse cooperators for work performed or for services, facilities\nCOMMITTEE CONSIDERATION\nor equipment provided by the cooperator.\nThe authority provided by H. R. 10027, as amended, would enable\nH.R. 5634, \"To authorize the Secretary of Agriculture to reim-\nStates to make maximum use of fire crews SO they may be maintained\nburse cooperators for work performed which benefits Forest Service\non a year-round basis. States, such as Oregon, are having difficulty\nprograms,\" was introduced by Mr. Ullman for himself and the other\nmaintaining their crews throughout the year thus endangering the\nMembers of the Oregon Delegation in the House on March 26, 1975.\nrenewable resources contained in national forest lands within their\nOn June 19, 1975, the Subcommittee on Forests conducted a public\nboundaries. The new authority would allow the use and reimbursement\nhearing on H.R. 5634. At that time, testimony was received from\nof these crews on needed nonfire work in national forests during\nCongressman Ullman, the U.S. Forest Service, the National Forest\nperiods of relatively low fire hazard as part of the cooperative ar-\nProducts Association, the American Forestry Association, the Na-\nrangement and assure that the crews would be readily available in\ntional Association of State Foresters, the Oregon Forest Protection\nemergency fire situations.\nAssociation and East Oregon Forest Protective Association, and the\nIt is the Committee's intention that the authority for cooperative\nOregon State Forester.\nagreements for forestry protection would not be used for the purpose\nAll testimony and correspondence received by the Subcommittee\nof commercial timber sales. Further, the authority provided by this\nhave been favorable.\nlegislation would be applicable only to land and programs within\nJohn Melcher of Montana, a Member of the Subcommittee ex-\nthe jurisdiction of the Forest Service.\npressed reservations in questioning John McGuire, Chief of the Forest\nService, about the bill H.R. 5634 as drafted because he felt that the\nSECTION-BY-SECTION ANALYSIS\nauthority contained therein was too broad. H.R. 5634 provided au-\nthority for cooperative agreements of the Forest Service for the bene-\nThe bill provides as follows:\nfit of any of its programs and activities.\nSection 1 authorizes the Secretary to negotiate and enter into coop-\nIn an attempt to meet Mr. Melcher's objections, Mr. Ullman revised\nerative agreements with public or private agencies, organizations, in-\nH.R. 5634 and introduced the revised legislation as H.R. 10027 on\nstitutions, or persons for the following purposes:\nOctober 3, 1975.\n(a) to construct, operate, and maintain cooperative pollution\nOn October 7, the Subcommittee on Forests, meeting in an open busi-\nabatement equipment and facilities, including sanitary landfills,\nness meeting and with a quorum present ordered H.R. 10027 re-\nwater systems, and sewer systems;\nported to the full Committee by a rollcall vote of 10 yeas to 0 nays,\n(b) to engage in cooperative manpower and job training and de-\nwith the recommendation that it do pass with two amendments. One\nvelopment programs;\nprovided further restrictions on the types of cooperative agreements\n(c) to develop and publish cooperative environmental education\ncovered by the legislation; the second amendment specified that this\nand forest history materials; and\nlegislation does not affect the authority of the Secretary to enter into\n(d) to perform forestry protection, including fire protection,\ncooperative agreements otherwise authorized by law.\ntimber stand improvement, debris removal, and thinning of trees.\nOn October 30, 1975, the Committee on Agriculture after adopting\nThe Secretary may enter into said cooperative agreements when he\ntwo technical amendments reported the bill by a unanimous voice\ndetermines that the public interest will be benefitted, and there exists a\nvote in the presence of a quorum.\nmutual interest other than monetary considerations.\nThe section also authorizes the Secretary in such cooperative ar-\nADMINISTRATION POSITION\nrangements to advance or reimburse funds to cooperators from any\nForest Service appropriation available for similar kinds of work or\nThe following letter dated June 18, 1975, was received by Chairman\nby furnishing or sharing materials, supplies, facilities, or equipment\nFoley in response to his request for a report on H.R. 5634:\nH.R. 611\nH.R. 611\n4\n5\nDEPARTMENT OF AGRICULTURE,\ntunities for cooperation and clarify the relationship of the parties.\nOFFICE OF THE SECRETARY,\nFor example, the Forest Service participates with other agencies in\nWashington, D.C., June 18, 1975.\ncooperative agreements to provide meaningful work experence in vari-\nHon. THOMAS S. FOLEY,\nous public manpower and youth development programs. It is some-\nChairman, Committee on Agriculture,\ntimes desirable as part of the agreement for cooperators or program\nHouse of Representatives.\nparticipants to work under Forest Service supervision. H.R. 5634\nDEAR MR. CHAIRMAN As you requested, here is our report on H.R.\nwould provide clear authority for such supervision, but under the bill,\n5634, a bill \"To authorize the Secretary of Agriculture to re-\nsuch arrangements for supervision would not establish an employer-\nimburse cooperators for work performed which benefits Forest Service\nemployee relationship. Cooperators, their employees or other aids\nprograms.\"\nwould not be deemed Federal employees except for the purpose of\nThe Department of Agriculture recommends that the bill be enacted\nFederal tort liability, work-connected injuries, and the use of Feder-\nwith the amendment suggested herein.\nally-owned or leased passenger vehicles and aircraft.\nH.R. 5634 would authorize the Secretary of Agriculture to include\nAs a perfecting amendment we recommend that line 7 on page 1 of\nin cooperative agreements between the Forest Service and public and\nthe bill be amended by inserting between the words \"work\" and \"by\"\nprivate agencies, organizations, institutions, and persons arrangements\nthe phrase \"and for the furnishing of services or facilities.\" The inser-\nfor reimbrusing such cooperators for the performance of work by them\ntion of this phrase would clarify the meaning of cooperative work as\nwhich. benefits Forest Service programs. Such agreements could only\nused in H.R. 5634 and clarify the existing Forest Service authority to\nbe entered into where the public interest will be benefited and where\nenter into cooperative agreements for joint use and maintenance of\nthere exists a mutual interest other than monetary consideration.\nfacilities and joint development of environmental education materials.\nFurther under these agreements, cooperators and their employees\nNo increase in appropriations would be requred by enactment of\nwould be able to perform cooperative work under supervision of the\nH.R. 5634.\nForest Service in emergencies or otherwise as mutually agreed to.\nThe Office of Management and Budget advises that there is no objec-\nThe Forest Service has authority under existing law to accept co-\ntion to the presentation of this report from the standpoint of the Ad-\noperative contributions and to perform work for the benefit of co-\nministration's program.\noperators at their expense. In certain activities, specified classes of\nSincerely,\ncooperators may perform work or furnish services to the Forest Serv-\nROBERT W. LONG,\nice on a reimbursable or advance payment basis. These activities in-\nActing Secretary.\nclude road construction and maintenance, fire suppression, forest re-\nThe Committee has been informally advised that the Forest Serv-\nsearch, cooperation with States in the form of grants-in-aid, and co-\nice supports H.R. 10027, as amended.\noperative law enforcement.\nThe Committee received the following letter from the Forest Service\nHowever, under existing law the Forest Service does not have clear\nregarding its estimates of costs that would be incurred in implementa-\nauthority to have cooperators perform general work or furnish serv-\ntion of H.R. 10027, as amended:\nices and facilities of benefit to any authorized Forest Service activity.\nH.R. 5634 would complement existing cooperative authorities by clari-\nUNITED STATES DEPARTMENT OF AGRICULTURE,\nfying the Forest Service authority to reimburse cooperators for work\nFOREST SERVICE,\nperformed by them for the benefit of Forest Service programs and\nWashington, D.C., October 23, 1975.\nactivities and by permitting the equitable and most efficient utilization\nHon. THOMAS S. FOLEY,\nof each party's manpower and other resources in the attainment of\nChairman, Committee on Agriculture,\ncommon objectives. The new cooperative authority would not be used in\nHouse of Representatives.\nplace of regular procurement or employment where such procedures\nDEAR MR. CHAIRMAN Committee staff has asked us to provide an\nare appropriate.\nestimate of costs required to implement H.R. 10027, a bill \"To author-\nAn example of a situation where this additional authority is needed\nizé the Secretary of Agriculture to enter into cooperative agreements\nis in the use of State fire crews. Existing authority allows the Forest\nwhich benefit certain Forest Service programs and to advance or re-\nService to use the crews in fire suppression. The new authority con-\nimburse funds to cooperators for work performed and for other\ntained in H.R. 5634 would allow use and reimbursement of these crews\npurposes.\"\non needed non-fire work on National Forest land during periods of\nIn our report and testimony on the original bill, H.R. 5634, we indi-\nrelatively low fire hazard as part of mutually agreed to cooperative\ncated that no direct costs would result from enactment of legislation\narrangements. Such use would serve both State and Federal purposes\nto authorize reimbursement of Forest Service cooperators. Similarly,\nby assuring that these crews would be readily available in emergency\nno direct costs would result from enactment of H.R. 10027. In fact,\nfire situations.\nthe accomplishment of Forest Service work through cooperation gen-\nThe authority in section 2 to permit the Forest Service to supervise\nerally results in a net cost-savings to the Government.\nthe cooperator and his employees would broaden and facilitate oppor-\nAny funds used to reimburse cooperators would come from the\nForest Service activity or function which benefited from the coopera-\nH.R. 611\nH.R. 611\n6\ntive project. For example, if during a low fire risk period, a State fire-\nfighting crew were able to perform reforestation work on a nearby\nNational Forest, funds appropriated for timber management and re-\nforestation purposes would be utilized to reimburse the State.\nSincerely,\nR. MAX PETERSON,\nDeputy Chief.\nCURRENT AND FIVE SUBSEQUENT FISCAL YEAR COST ESTIMATES\nPursuant to clause 7 of Rule XIII of the Rules of the House of\nRepresentatives, the Committee estimates that there would be no cost\nto the Federal Government during the current and the five subsequent\nfiscal years as a result of enactment of this legislation. As stated by\nthe Department of Agriculture \" no direct costs would result\nfrom enactment of H.R. 10027. In fact, the accomplishment of Forest\nService work through cooperation generally results in a net cost-\nsavings to the Government.\"\nINFLATIONARY IMPACT STATEMENT\nPursuant to clause 2(1) (4), Rule XI, of the Rules of the House of\nRepresentatives, the Committee estimates that enactment of H.R.\n10027, as amended, will have no inflationary impact on the national\neconomy.\nBUDGET ACT COMPLIANCE (SECTION 308 AND SECTION 403)\nThe provisions of clause 1(3) (B) of Rule XI of the House of Rep-\nresentatives and section 308(a) of the Congressional Budget Act of\n1974 (relating to estimates of new budget authority or new or in-\ncreased tax expenditures) are not considered applicable. There was no\nestimate and comparison prepared by the Director of the Congres-\nsional Budget Office under clause 1(3) (C) of Rule XI of the House\nof Representatives and section 403 of the Congressional Budget Act of\n1974 submitted to the Committee prior to the filing of this report.\nOVERSIGHT STATEMENT\nNo specific oversight activities, other than the hearings accompany-\ning the Committee's consideration of H.R. 10027, as amended, and\nH.R. 5634 were made by the Committee, within the definition of clause\n2(b) (1) of Rule X of the House. No summary of oversight findings\nand recommendations made by the Committee on Government Opera-\ntions under clause 2(b) (2) of Rule X of the Rules of the House of\nRepresentatives was available to the Committee with reference to the\nsubject matter specifically addressed by H.R. 10027, as amended.\nH.R. 611\nH. R. 10027\nAinety-fourth Congress of the United States of America\nAT THE FIRST SESSION\nBegun and held at the City of Washington on Tuesday, the fourteenth day of January,\none thousand nine hundred and seventy-five\nAn Act\nTo authorize the Secretary of Agriculture to enter into cooperative agreements\nwhich benefit certain Forest Service programs and to advance or reimburse\nfunds to cooperators for work performed, and for other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That to facilitate the\nadministration of the programs and activities of the Forest Service,\nthe Secretary is authorized to negotiate and enter into cooperative\nagreements with public or private agencies, organizations, institutions,\nor persons to construct, operate, and maintain cooperative pollution\nabatement equipment and facilities, including sanitary landfills, water\nsystems, and sewer systems; to engage in cooperative manpower and\njob training and development programs; to develop and publish coop-\nerative environmental education and forest history materials; and to\nperform forestry protection, including fire protection, timber stand\nimprovement, debris removal, and thinning of trees. The Secretary\nmay enter into aforesaid agreements when he determines that the\npublic interest will be benefited and that there exists a mutual interest\nother than monetary considerations. In such cooperative arrange-\nments, the Secretary is authorized to advance or reimburse funds to\ncooperators from any Forest Service appropriation available for\nsimilar kinds of work or by furnishing or sharing materials, supplies,\nfacilities, or equipment without regard to the provisions of the Act\nof January 31, 1823 (Rev. Stat. 3648, as amended; 31 U.S.C. 529),\nrelating to the advance of public moneys.\nSEC. 2. In any agreement authorized by section 1, cooperators and\ntheir employees may perform cooperative work under supervision of\nthe Forest Service in emergencies or otherwise as mutually agreed to,\nbut shall not be deemed to be Federal employees other than for the pur-\nposes of chapter 171 of title 28, United States Code, and chapter 81\nof title 5, United States Code.\nSEC. 3. Nothing in this Act shall be construed as limiting or modify-\ning the authority of the Secretary to enter into cooperative agreements\notherwise authorized by law.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nDecember 2, 1975\nDear Mr. Director:\nThe following bills were received at the White\nHouse on December 2nd:\nS. 267\nS. 1245\nH.R. 6692\nH.R. 10027\nPlease let the President have reports and\nrecommendations as to the approval of these\nbills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C."
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