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1975/12/12 HR10027 Forest Service Cooperative Agreements
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1975/12/12 HR10027 Forest Service Cooperative Agreements
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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. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. 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.