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114th Congress   }                                   {   Rept. 114-770
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                   {          Part 1

======================================================================



 
             NATIONAL FOREST SYSTEM TRAILS STEWARDSHIP ACT

                                _______
                                

 September 20, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Conaway, from the Committee on Agriculture, submitted the following

                              R E P O R T

                        [To accompany H.R. 845]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 845) to direct the Secretary of Agriculture to publish in 
the Federal Register a strategy to significantly increase the 
role of volunteers and partners in National Forest System trail 
maintenance, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National Forest 
System Trails Stewardship Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. National forest system trails volunteer and partnership 
strategy.
Sec. 5. Priority trail maintenance program.
Sec. 6. Cooperative agreements.
Sec. 7. Stewardship credits for outfitters and guides.

SEC. 2. FINDINGS.

  Congress finds as follows:
          (1) The National Forest System features a world-class trail 
        system with over 157,000 miles of trails that provide world-
        class opportunities for hiking, horseback riding, hunting, 
        mountain bicycling, motorized vehicles, and other outdoor 
        activities.
          (2) According to the Government Accountability Office, the 
        Forest Service is only able to maintain about one-quarter of 
        National Forest System trails to the agency standard, and the 
        agency faces a trail maintenance backlog of $314,000,000, and 
        an additional backlog of $210,000,000 in annual maintenance, 
        capital improvements, and operations.
          (3) The lack of maintenance on National Forest System trails 
        threatens access to public lands, and may cause increased 
        environmental damage, threaten public safety, and increase 
        future maintenance costs.
          (4) Federal budget limitations require solutions to National 
        Forest System trail maintenance issues that make more efficient 
        use of existing resources.
          (5) Volunteers, partners, and outfitters and guides play an 
        important role in maintaining National Forest System trails, 
        and a comprehensive strategy is needed to ensure that 
        volunteers and partners are used as effectively as possible.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Administrative unit.--The term ``Administrative Unit'' 
        means a national forest or national grassland.
          (2) Outfitter or guide.--The term ``outfitter or guide'' 
        means an individual, organization, or business who provides 
        outfitting or guiding services, as defined in section 251.51 of 
        title 36, Code of Federal Regulations.
          (3) Partner.--The term ``partner'' means a non-Federal entity 
        that engages in a partnership.
          (4) Partnership.--The term ``partnership'' means arrangements 
        between the Department of Agriculture or the Forest Service and 
        a non-Federal entity that are voluntary, mutually beneficial, 
        and entered into for the purpose of mutually agreed upon 
        objectives.
          (5) Priority area.--The term ``priority area'' means a well-
        defined region on National Forest System land selected by the 
        Secretary under section 5(a).
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (7) Strategy.--The term ``strategy'' means the National 
        Forest System Trails Volunteer and Partnership Strategy 
        authorized by section 4(a).
          (8) Trail maintenance.--The term ``trail maintenance'' means 
        any activity to maintain the usability and sustainability of 
        trails within the National Forest System, including--
                  (A) ensuring trails are passable by the users for 
                which they are managed;
                  (B) preventing environmental damage resulting from 
                trail deterioration;
                  (C) protecting public safety; and
                  (D) averting future deferred maintenance costs.
          (9) Volunteer.--The term ``volunteer'' means an individual 
        whose services are accepted by the Secretary without 
        compensation under the Volunteers in the National Forests Act 
        of 1972 (16 U.S.C. 558a et seq.).

SEC. 4. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND PARTNERSHIP 
                    STRATEGY.

  (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register a strategy to significantly increase the role of volunteers 
and partners in trail maintenance.
  (b) Required Elements.--The strategy required by subsection (a) 
shall--
          (1) augment and support the capabilities of Federal employees 
        to carry out or contribute to trail maintenance;
          (2) provide meaningful opportunities for volunteers and 
        partners to carry out trail maintenance in each region of the 
        Forest Service;
          (3) address the barriers to increased volunteerism and 
        partnerships in trail maintenance identified by volunteers, 
        partners, and others;
          (4) prioritize increased volunteerism and partnerships in 
        trail maintenance in those regions with the most severe trail 
        maintenance needs, and where trail maintenance backlogs are 
        jeopardizing access to National Forest lands; and
          (5) aim to increase trail maintenance by volunteers and 
        partners by 100 percent by the date that is 5 years after the 
        date of the enactment of this Act.
  (c) Additional Requirement.--As a component of the strategy, the 
Secretary shall study opportunities to improve trail maintenance by 
addressing opportunities to use fire crews in trail maintenance 
activities in a manner that does not jeopardize firefighting 
capabilities, public safety, or resource protection. Upon a 
determination that trail maintenance would be advanced by use of fire 
crews in trail maintenance, the Secretary shall incorporate these 
proposals into the strategy, subject to such terms and conditions as 
the Secretary determines to be necessary.
  (d) Volunteer Liability.--
          (1) In general.--Section 3 of the Volunteers in the National 
        Forests Act of 1972 (16 U.S.C. 558c) is amended by adding at 
        the end the following new subsection:
  ``(e) For the purposes of subsections (b), (c), and (d), the term 
`volunteer' includes a person providing volunteer services to the 
Secretary who--
          ``(1) is recruited, trained, and supported by a cooperator 
        under a mutual benefit agreement with the Secretary; and
          ``(2) performs such volunteer services under the supervision 
        of the cooperator as directed by the Secretary in the mutual 
        benefit agreement, including direction that specifies--
                  ``(A) the volunteer services to be performed by the 
                volunteers and the supervision to be provided by the 
                cooperator;
                  ``(B) the applicable project safety standards and 
                protocols to be adhered to by the volunteers and 
                enforced by the cooperator; and
                  ``(C) the on-site visits to be made by the Secretary, 
                when feasible, to verify that volunteers are performing 
                the volunteer services and the cooperator is providing 
                the supervision agreed upon.''.
          (2) Additional requirement.--Not later than 2 years after the 
        date of the enactment of this Act, the Secretary shall adopt 
        regulations implementing this section. These regulations shall 
        ensure that the financial risk from claims or liability 
        associated with volunteers undertaking trail maintenance is 
        shared by all administrative units.
  (e) Consultation.--The Secretary shall develop the strategy in 
consultation with volunteer and partner trail maintenance 
organizations, a broad array of outdoor recreation stakeholders, and 
other relevant stakeholders.
  (f) Volunteer and Partnership Coordination.--The Secretary shall 
require each administrative unit to develop a volunteer and partner 
coordination implementation plan for the strategy which clearly defines 
roles and responsibilities for the administrative unit and district 
staff, and includes strategies to ensure sufficient coordination, 
assistance, and support for volunteers and partners to improve trail 
maintenance.
  (g) Report.--
          (1) Contents.--The Secretary shall prepare a report on--
                  (A) the effectiveness of the strategy in addressing 
                the trail maintenance backlog;
                  (B) the increase in volunteerism and partnership 
                efforts on trail maintenance as a result of the 
                strategy;
                  (C) the miles of National Forest System trails 
                maintained by volunteers and partners, and the 
                approximate value of the volunteer and partnership 
                efforts;
                  (D) the status of the stewardship credits for 
                outfitters and guides pilot program described in 
                section 7 that includes the number of participating 
                sites, total amount of the credits offered, estimated 
                value of trail maintenance performed, and suggestions 
                for revising the program; and
                  (E) recommendations for further increasing 
                volunteerism and partnerships in trail maintenance.
          (2) Submission.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall submit the report 
        required by paragraph (1) to--
                  (A) the Committee on Agriculture, Nutrition, and 
                Forestry and the Committee on Energy and Natural 
                Resources of the Senate; and
                  (B) the Committee on Agriculture and the Committee on 
                Natural Resources of the House of Representatives.

SEC. 5. PRIORITY TRAIL MAINTENANCE PROGRAM.

  (a) Selection.--In accordance with subsections (b) and (c), not later 
than 6 months after the date of the enactment of this Act, the 
Secretary of Agriculture shall select no fewer than 9 and no more than 
15 priority areas for increased trail maintenance accomplishments.
  (b) Criteria.--Priority areas shall include a well-defined region on 
National Forest System land where the lack of trail maintenance has--
          (1) reduced access to public land;
          (2) led to an increase, or risk of increase, in harm to 
        natural resources;
          (3) jeopardized public safety;
          (4) resulted in trails being impassible by the intended 
        managed users; or
          (5) increased future deferred trail maintenance costs.
  (c) Requirements.--In selecting priority areas, the Secretary shall--
          (1) consider any public input on priority areas received 
        within 3 months of the date of enactment of this Act;
          (2) consider the range of trail users (including motorized 
        and non-motorized trail users); and
          (3) include at least one priority area in each region of the 
        United States Forest Service.
  (d) Increased Trail Maintenance.--
          (1) In general.--Within 6 months of the selection of priority 
        areas under subsection (a), and in accordance with paragraph 
        (2), the Secretary shall develop an approach to substantially 
        increase trail maintenance accomplishments within each priority 
        area.
          (2) Contents.--In developing the approach under paragraph 
        (1), the Secretary shall--
                  (A) consider any public input on trail maintenance 
                priorities and needs within any priority area;
                  (B) consider the costs and benefits of increased 
                trail maintenance within each priority area; and
                  (C) incorporate partners and volunteers in the trail 
                maintenance.
          (3) Required trail maintenance.--Utilizing the approach 
        developed under paragraph (1), the Secretary shall 
        substantially increase trail maintenance within each priority 
        area.
  (e) Coordination.--The regional volunteer and partnership 
coordinators may be responsible for assisting partner organizations in 
developing and implementing volunteer and partnership projects to 
increase trail maintenance within priority areas.
  (f) Revision.--The Secretary shall periodically review the priority 
areas to determine whether revisions are necessary and may revise the 
priority areas, including the selection of new priority areas or 
removal of existing priority areas, at his sole discretion.

SEC. 6. COOPERATIVE AGREEMENTS.

  (a) In General.--The Secretary may enter into a cooperative agreement 
with any State, tribal, local governmental, and private entity to carry 
out this Act.
  (b) Contents.--Cooperative agreements authorized under this section 
may--
          (1) improve trail maintenance in a priority area;
          (2) implement the strategy; or
          (3) advance trail maintenance in a manner deemed appropriate 
        by the Secretary.

SEC. 7. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES.

  (a) Pilot Program.--Within 1 year after the date of enactment of this 
Act, in accordance with this section, the Secretary shall establish a 
pilot program on not less than 20 administrative units to offset all or 
part of the land use fee for an outfitting and guiding permit by the 
cost of the work performed by the permit holder to construct, improve, 
or maintain National Forest System trails, trailheads, or developed 
sites that support public use under terms established by the Secretary.
  (b) Additional Requirements.--In establishing the pilot program 
authorized by subsection (a), the Secretary shall--
          (1) select administrative units where the pilot program will 
        improve trail maintenance; and
          (2) establish appropriate terms and conditions, including 
        meeting National Quality Standards for Trails and the Trail 
        Management Objectives identified for the trail.

                           Brief Explanation

    The National Forest System Trails Stewardship Act, H.R. 
845, directs the Secretary of Agriculture to publish a national 
strategy to significantly increase the role of volunteers and 
partners for National Forest System trail maintenance.

                  Purpose and Need for the Legislation

    The United States Forest Service (USFS or Forest Service) 
is facing a $500 million backlog in trail maintenance costs of 
the National Forest Service trail system. In 2013, the 
Government Accountability Office (GAO) released a report that 
recognized the importance of volunteers for trail maintenance 
and recommended taking steps to improve management of 
volunteers.
    This legislation improves the state of Forest Service 
resources by using volunteers to improve Forest Service trail 
maintenance.
    The bill requires the USFS to produce a national strategy 
to maximize use of volunteers and partners and eliminates 
challenges that have prevented increased use of volunteers, 
such as liability concerns raised by the Forest Service.
    The Committee believes that refocusing on volunteers and 
partners to help the USFS is a commonsense way of making 
progress on the backlog and opening up these trails to public 
access. Using volunteers across the nation in the remediation 
of our deteriorating National Forest Service trails is a cost 
effective solution.

               Section-by-Section Analysis of Legislation


Section 1. Short title; Table of contents

    Section 1 of the bill designates the title of the bill as 
the ``National Forest Trails Stewardship Act'' and provides the 
table of contents.

Section 2. Findings

    Section 2 of the bill provides Congressional findings 
related to issues with trail maintenance in the National Forest 
System.

Section 3. Definitions

    Section 3 is the definitions section defining key terms 
including ``outfitter or guide,'' ``partner'' and 
``partnership,'' ``priority landscape,'' ``trail maintenance,'' 
and ``volunteer.'' Definitions mirror existing law, where 
possible.

Section 4. National Forest trails volunteer and partnership strategy

    Subsection (a) of section 4 directs the Secretary to 
publish a strategy to significantly increase the role of 
volunteers and partners in trail maintenance.
    Subsection (b) enumerates the required elements for the 
published strategy.
    Subsection (c) requires the Secretary to study 
opportunities to use fire crews in trail maintenance activities 
and incorporate such proposals into the required strategy.
    Subsection (d) amends the Volunteers in the National 
Forests Act of 1972, deeming volunteers affiliated with partner 
organizations Federal employees for the purposes of liability 
claims and provides for the adoption of regulations for 
implementation.
    Subsection (e) requires consultation with volunteer and 
partner trail maintenance organizations and other relevant 
stakeholders.
    Subsection (f) requires the designation of volunteer and 
partnership coordinators in each region of the Forest Service.
    Subsection (g) directs the Secretary to, three years after 
the date of enactment, submit to Congress, a report on the 
effectiveness of the strategy, the increase in volunteer and 
partnership efforts and the number of miles of trails 
maintained, among other recommendations.

Section 5. Priority Trail Maintenance Program

    Subsection (a) of section 5 requires the Secretary to 
identify nine to fifteen priority landscapes for increased 
trail maintenance.
    Subsection (b) establishes specified criteria for selecting 
these landscapes.
    Subsection (c) requires that the Secretary shall consider 
public input and the range of trail users when selecting 
priority areas. The Secretary must also include at least one 
priority area in each region of the U.S. Forest Service.
    Subsection (d) directs the Secretary, within six months, to 
develop an approach to substantially increase trail maintenance 
within each priority area.
    Subsection (e) allows for regional volunteer and 
partnership coordinators to be responsible for assisting 
partner organizations in developing and implementing volunteer 
and partnership projects to increase maintenance within 
priority areas.
    Subsection (f) directs the Secretary to periodically review 
priority areas to determine whether revisions are necessary.

Section 6. Cooperative agreements

    Subsection (a) of section 6 authorizes the Secretary of 
Agriculture to enter into cooperative agreements with States, 
local governments, Tribes, and private entities to implement 
the legislation.
    Subsection (b) characterizes certain contents of the 
agreements.

Section 7. Stewardship credits for outfitters and guides

    Subsection (a) of section 7 establishes, within one year of 
the date of enactment, a pilot program for outfitters and 
guides to offset some permit fees through work on trail 
maintenance performed by the permit holder to construct, 
improve, or maintain National Forest System trails, trailheads, 
or developed sites.

                        Committee Consideration


                              I. HEARINGS

    No hearings were held by the Committee on the National 
Forest Trails Stewardship Act.

                           II. FULL COMMITTEE

    The Committee on Agriculture met, pursuant to notice, with 
a quorum present, on September 14, 2016, to consider H.R. 845, 
the National Forest Trails Stewardship Act.
    Chairman Conaway asked unanimous consent that the 
Subcommittee on Conservation and Forestry be discharged from 
further consideration of H.R. 845, and without objection, it 
was so ordered. H.R. 845 was then placed before the Committee 
for consideration. Without objection, a first reading of the 
bill was waived and it was open to amendment at any point. Mr. 
Thompson offered an Amendment in the Nature of a Substitute to 
H.R. 845. Without objection, the Amendment in the Nature of a 
Substitute was considered as original text for purposes of 
amendment.
    Chairman Conaway, Mr. Peterson, and Mr. Thompson were 
recognized for statements. There being no amendments, Mr. 
Peterson was recognized to offer a motion that the Amendment in 
the Nature of a Substitute to H.R. 845 be approved. The 
Amendment in the Nature of a Substitute was adopted by voice 
vote. Mr. Peterson was then recognized to offer a motion that 
the bill H.R. 845 be reported, as amended, favorably to the 
House with recommendation that it do pass. The motion was 
subsequently approved by voice vote.
    At the conclusion of the meeting, Chairman Conaway advised 
Members that pursuant to the rules of the House of 
Representatives Members had until September 16, 2016 to file 
any supplemental, minority, additional, or dissenting views 
with the Committee.
    Without objection, staff was given permission to make any 
necessary clerical, technical or conforming changes to reflect 
the intent of the Committee. Chairman Conaway thanked all the 
Members and adjourned the meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 845 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Agriculture's 
oversight findings and recommendations are reflected in the 
body of this report.

           Budget Act Compliance (Sections 308, 402, and 423)

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 2016.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 845, the National 
Forest System Trails Stewardship Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Christina 
Hawley Anthony and Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 845--National Forest System Trails Stewardship Act

    H.R. 845 would require the Forest Service to develop a 
strategy to double the number of volunteers engaged in trail 
maintenance activities on Forest Service lands. The bill also 
would provide liability coverage for volunteers working for 
partner organizations (private entities whose members donate 
services to the Forest Service) on those lands. Finally, the 
bill would establish a pilot program that would allow firms 
operating on Forest Service lands to conduct trail maintenance 
work in lieu of paying an annual permitting fee to the agency.
    Based on information provided by the Forest Service, CBO 
estimates that implementing the legislation would cost $3 
million a year over the 2017-2021 period, assuming 
appropriation of the necessary amounts. CBO also estimates that 
the bill would increase direct spending for additional 
compensation claims from volunteers related to workers 
compensation, torts, and lost or damaged personal property by 
$1 million over the 2017-2026 period; therefore, pay-as-you-go 
procedures apply. Enacting the bill would not affect revenues.
    CBO estimates that enacting H.R. 845 would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2027.
    H.R. 845 would require the Forest Service to develop a 
strategy to double the number of volunteers engaged in trail 
maintenance activities and to prepare a report assessing the 
effectiveness of that strategy. In 2015, the agency spent about 
$13 million to recruit and manage roughly 80,000 volunteers, of 
which about 25 percent were engaged in activities related to 
trail maintenance. CBO estimates that efforts to double 
volunteer participation in such activities would cost $3 
million a year over the 2017-2021 period, assuming 
appropriation of the necessary amounts.
    The bill also would make the federal government liable for 
damage claims from volunteers of partner organizations that 
have cooperative agreements with the Forest Service. (Under 
current law, the Forest Service is liable for individuals who 
volunteer directly.) That expansion would allow volunteers who 
are injured in the course of their organizations' work with the 
Forest Service to have related medical expenses paid through 
the federal workers compensation program; such costs are 
considered mandatory spending. Based on the current ratio of 
volunteers in partner organizations to people who volunteer 
directly with the Forest Service, CBO estimates that the 
additional liability under the bill would increase direct 
spending by between $50,000 and $100,000 per year, and by 
around $1 million over the 2017-2026 period.
    In addition, H.R. 845 would extend federal liability 
coverage to volunteers working for partner organizations that 
commit torts (wrongdoing under civil, rather than criminal, 
law) or have personal property lost or damaged while working on 
Forest Service lands. Based on an analysis of information 
provided by the agency, CBO estimates that the cost of 
providing that liability coverage would be negligible over the 
2017-2026 period.
    Finally, the bill would allow certain firms operating on 
Forest Service lands to conduct trail maintenance work in lieu 
of paying annual permitting fees. Based on information provided 
by the agency, CBO estimates that enacting that provision would 
reduce offsetting receipts, which are treated as reductions in 
direct spending, by less than $200,000 a year; however, because 
the Forest Service has the authority to spend those fees, 
reducing those receipts would reduce associated direct spending 
by a similar amount. Therefore, CBO estimates that enacting 
this provision would have no net effect on the federal budget.
    H.R. 845 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Christina 
Hawley Anthony (federal workers compensation) and Jeff LaFave 
(forest service). The estimate was approved by Theresa Gullo, 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    H.R. 845 does not authorize funding, therefore, clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives is inapplicable.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

Earmark Statement Required by Clause 9 of Rule XXI of the Rules of the 
                        House of Representatives

    H.R. 845 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the 
House of Representatives.

                    Duplication of Federal Programs

    This bill does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 845 specifically directs 
the Secretary of Agriculture to conduct one rule making 
proceeding within the meaning of 5 U.S.C. 551.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

VOLUNTEERS IN THE NATIONAL FORESTS ACT OF 1972

           *       *       *       *       *       *       *


  Sec. 3. (a) Except as otherwise provided in this section, a 
volunteer shall not be deemed a Federal employee and shall not 
be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal 
employee benefits.
  (b) For the purpose of the tort claim provisions of title 28 
of the United States Code, a volunteer under this Act shall be 
considered a Federal employee.
  (c) For the purposes of subchapter I of chapter 81 of title 5 
of the United States Code, relating to compensation to Federal 
employees for work injuries, volunteers under this Act shall be 
deemed civil employees of the United States within the meaning 
of the term ``employee'' as defined in section 8101 of title 5, 
United States Code, and the provisions of that subchapter shall 
apply.
  (d) For the purposes of claims relating to damage to, or loss 
of, personal property of a volunteer incident to volunteer 
service, a volunteer under this Act shall be considered a 
Federal employee, and the provisions of 31 U.S.C. 3721 shall 
apply.
  (e) For the purposes of subsections (b), (c), and (d), the 
term ``volunteer'' includes a person providing volunteer 
services to the Secretary who--
          (1) is recruited, trained, and supported by a 
        cooperator under a mutual benefit agreement with the 
        Secretary; and
          (2) performs such volunteer services under the 
        supervision of the cooperator as directed by the 
        Secretary in the mutual benefit agreement, including 
        direction that specifies--
                  (A) the volunteer services to be performed by 
                the volunteers and the supervision to be 
                provided by the cooperator;
                  (B) the applicable project safety standards 
                and protocols to be adhered to by the 
                volunteers and enforced by the cooperator; and
                  (C) the on-site visits to be made by the 
                Secretary, when feasible, to verify that 
                volunteers are performing the volunteer 
                services and the cooperator is providing the 
                supervision agreed upon.

           *       *       *       *       *       *       *

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