,i #aacth ,,congress #ast ,session ,h4 ,r4 #addb ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjac ,mr4 ,markey introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,healthy ,forests ,restoration ,act of #bjjc to improve the response to insect infestations and related diseases and to change the funding source for the ,healthy ,forests ,reserve ,program1 to codify the stewardship end result contracting and good neighbor authorities1 and to amend the emergency watershed protection program to improve post fire rehabilitation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,depleting ,risk from ,insect ,infestation1 ,soil ,erosion1 and ,catastrophic ,fire ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,amendments to ,healthy ,forests ,restoration ,act of #bjjc ,response ,subtitle ,a--,response to ,insect ,infestations and ,related ,diseases ,sec4 #aja4 ,insect infestations and related diseases4 ,sec4 #ajb4 ,change in funding source for healthy forests reserve program4 ,subtitle ,b--,stewardship ,end ,result ,contracting ,sec4 #aba4 ,stewardship end result contracting projects4 ,subtitle ,c--,good ,neighbor ,authority ,sec4 #ada4 ,good neighbor authority4 ,title ,,ii--,post ,fire ,rehabilitation ,sec4 #bja4 ,emergency watershed protection program4 ,i ,amendments to ,healthy ,forests ,restoration ,act of #bjjc ,response ,a ,response to ,insect ,infestations and ,related ,diseases #aja4 ,insect infestations and related diseases 7a7 ,findings and purposes ,section #dja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#d7 through 7#ac71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 the mountain pine beetle is-- 7,a7 threatening and ravaging forests throughout the ,western region of the ,united ,states1 including ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,nevada1 ,new ,mexico1 ,oregon1 and ,south ,dakota2 7,b7 reaching epidemic populations and severely impacting over #da1jjj1jjj acres in western forests2 and 7,c7 deteriorating forest health in national forests and1 when combined with drought1 disease1 and storm damage1 is resulting in extreme fire hazards in national forests across the ,western ,united ,states and endangering the economic stability of surrounding adjacent communities1 ranches1 and parks2 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 to provide for designation of treatment areas pursuant to section #dje4 4 7b7 ,designation of treatment areas ,title ,,iv of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feea et seq47 is amended-- 7#a7 by redesignating sections #dje and #djf 7#af ,u4,s4,c4 #feee1 #feef7 as sections #djf and #djg1 respectively2 and 7#b7 by inserting after section #djd 7#af ,u4,s4,c4 #feed7 the following3 #dje4 ,designation of insect and disease treatment and research pilot program areas 7a7 ,designation of treatment areas ,not later than #fj days after the date of enactment of the ,depleting ,risk from ,insect ,infestation1 ,soil ,erosion1 and ,catastrophic ,fire ,act1 the ,secretary1 in consultation with the ,governor of each ,state1 shall designate as part of an insect and disease treatment and research pilot program #a or more subwatersheds 7sixth-level hydrologic units1 according to the ,system of ,hydrologic ,unit ,codes of the ,united ,states ,geological ,survey7 in at least #a national forest in each ,state that is experiencing an insect or disease epidemic4 7b7 ,requirements ,a subwatershed designated under subsection 7a7 shall be-- 7#a7 experiencing substantially increased tree mortality due to insect or disease infestation1 based on annual forest health surveys conducted by the ,secretary2 7#b7 at risk of experiencing substantially increased tree mortality over the next #ae years due to insect or disease infestation1 based on the most recent ,national ,insect and ,disease ,risk ,map published by the ,forest ,service2 or 7#c7 in an area in which the risk of hazard trees poses an imminent risk to public infrastructure1 health1 or safety4 7c7 ,treatment areas 7#a7 ,in general ,the ,secretary may carry out priority projects on ,federal land in the subwatersheds designated under subsection 7a7 to reduce the risk or extent of1 or increase the resilience to1 insect or disease infestation in the subwatersheds4 7#b7 ,authority ,any project under paragraph 7#a7 for which a public notice to initiate scoping is issued on or before ,september #cj1 #bjag1 may be carried out in accordance with subsections 7b71 7c71 7d71 and 7g7 of section #ajb1 and sections1 #ajd1 #aje1 #ajf1 and #dja4 7#c7 ,effect ,projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph 7#b74 7#d7 ,report ,not later than ,september #cj1 #bjag1 the ,secretary shall issue a report that includes-- 7,a7 an evaluation of the progress towards project goals2 and 7,b7 recommendations for modifications to the projects and management treatments4 7d7 ,tree retention ,the ,secretary shall carry out projects under subsection 7c7 in a manner that maximizes the retention of old-growth and large trees1 as appropriate for the forest type1 to the extent that the trees promote stands that are resilient to insects and disease4 4 7c7 ,authorization of appropriations ,section #djg of the ,healthy ,forests ,restoration ,act of #bjjc 7as redesignated by subsection 7b77#a77 is amended by striking #bjjh and inserting #bjag4 #ajb4 ,change in funding source for healthy forests reserve program ,section #ejh of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fegh7 is amended-- 7#a7 in subsection 7a71 by striking ,in general and inserting ,fiscal years #bjji through #bjab2 7#b7 by redesignating subsection 7b7 as subsection 7d72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,fiscal years #bjad through #bjag ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out this section #i1gej1jjj for each of fiscal years #bjad through #bjag4 7c7 ,additional source of funds ,in addition to funds appropriated pursuant to the authorization of appropriations in subsection 7b7 for a fiscal year1 the ,secretary may use such amount of the funds appropriated for that fiscal year to carry out the ,soil ,conservation and ,domestic ,allotment ,act 7#af ,u4,s4,c4 #eij;a et seq47 as the ,secretary determines necessary to cover the cost of technical assistance1 management1 and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections 7a7 and 7b7 of section #ejd4 4 ,b ,stewardship ,end ,result ,contracting #aba4 ,stewardship end result contracting projects 7a7 ,in general ,title ,,vi of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia7 is amended by adding at the end the following3 #fjb4 ,stewardship end result contracting projects 7a7 ,definitions ,in this section3 7#a7 ,chief ,the term ,chief means the ,chief of the ,forest ,service4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of ,land ,management4 7b7 ,projects ,the ,chief and the ,director1 via agreement or contract as appropriate1 may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs4 7c7 ,land management goals ,the land management goals of a project under subsection 7b7 may include-- 7#a7 road and trail maintenance or obliteration to restore or maintain water quality2 7#b7 soil productivity1 habitat for wildlife and fisheries1 or other resource values2 7#c7 setting of prescribed fires to improve the composition1 structure1 condition1 and health of stands or to improve wildlife habitat2 7#d7 removing vegetation or other activities to promote healthy forest stands1 reduce fire hazards1 or achieve other land management objectives2 7#e7 watershed restoration and maintenance2 7#f7 restoration and maintenance of wildlife and fish2 or 7#g7 control of noxious and exotic weeds and reestablishing4 7d7 ,agreements or contracts 7#a7 ,procurement procedure ,a source for performance of an agreement or contract under subsection 7b7 shall be selected on a best-value basis1 including consideration of source under other public and private agreements or contracts4 7#b7 ,contract for sale of property ,a contract entered into under this section may1 at the discretion of the ,secretary of ,agriculture1 be considered a contract for the sale of property under such terms as the ,secretary may prescribe without regard to any other provision of law4 7#c7 ,term 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,chief and the ,director may enter into a contract under subsection 7b7 in accordance with section #cijc of title #da1 ,united ,states ,code4 7,b7 ,maximum ,the period of the contract under subsection 7b7 may exceed #e years but may not exceed #aj years4 7#d7 ,offsets 7,a7 ,in general ,the ,chief and the ,director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection 7b74 7,b7 ,methods of appraisal ,the value of timber or other forest products used as an offset under subparagraph 7,a7-- 7i7 shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed2 and 7ii7 may-- 7,i7 be determined using a unit of measure appropriate to the contracts2 and 7,,ii7 include valuing products on a per-acre basis4 7#e7 ,relation to other laws ,notwithstanding subsections 7d7 and 7g7 of section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a71 the ,chief may enter into an agreement or contract under subsection 7b74 7#f7 ,contracting officer ,notwithstanding any other provision of law1 the ,secretary or the ,secretary of the ,interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection 7b74 7e7 ,receipts 7#a7 ,in general ,the ,chief and the ,director may collect monies from an agreement or contract under subsection 7b7 if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section4 7#b7 ,use ,monies from an agreement or contract under subsection 7b7-- 7,a7 may be retained by the ,chief and the ,director2 and 7,b7 shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site4 7#c7 ,relation to other laws 7,a7 ,in general ,notwithstanding any other provision of law1 the value of services received by the ,chief or the ,director under a stewardship contract project conducted under this section1 and any payments made or resources provided by the contractor1 ,chief1 or ,director shall not be considered monies received from the ,national ,forest ,system or the public lands4 7,b7 ,knutson-,vanderberg ,act ,the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vanderberg ,act7 7#af ,u4,s4,c4 #egf et seq47 shall not apply to any agreement or contract under subsection 7b74 7f7 ,costs of removal ,notwithstanding the fact that a contractor did not harvest the timber1 the ,chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- 7#a7 the ,act of ,august #aa1 #aiaf 7#af ,u4,s4,c4 #dij72 and 7#b7 the ,act of ,june #cj1 #aiad 7#af ,u4,s4,c4 #dih74 7g7 ,performance and payment guarantees 7#a7 ,in general ,the ,chief and the ,director may require performance and payment bonds under sections #bh4ajc-b and #bh4ajc-c of the ,federal ,acquisition ,regulation1 in an amount that the contracting officer considers sufficient to protect the investment in receipts by the ,federal ,government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection 7b74 7#b7 ,excess offset value ,if the offset value of the forest products exceeds the value of the resource improvement treatments1 the ,chief and the ,director may-- 7,a7 collect any residual receipts under the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vanderberg ,act7 7#af ,u4,s4,c4 #egf et seq472 and 7,b7 apply the excess to other authorized stewardship projects4 7h7 ,monitoring and evaluation 7#a7 ,in general ,the ,chief and the ,director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section4 7#b7 ,participants ,other than the ,chief and ,director1 participants in the process described in paragraph 7#a7 may include-- 7,a7 any cooperating governmental agencies1 including tribal governments2 and 7,b7 any other interested groups or individuals4 7i7 ,reporting ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,chief and the ,director shall report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives on-- 7#a7 the status of development1 execution1 and administration of agreements or contracts under subsection 7b72 7#b7 the specific accomplishments that have resulted2 and 7#c7 the role of local communities in the development of agreements or contract plans4 4 7b7 ,repeal of superseded program ,section #cdg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #bajd note2 ,public ,law #aje-bgg7 is repealed4 ,c ,good ,neighbor ,authority #ada4 ,good neighbor authority 7a7 ,definitions ,in this section3 7#a7 ,authorized restoration services ,the term authorized restoration services means similar and complementary forest1 rangeland1 and watershed restoration services carried out on adjacent ,federal land and non-,federal land by either the ,secretary or a ,governor pursuant to-- 7,a7 a good neighbor agreement2 and 7,b7 a cooperative agreement or contract entered into under subsection 7c74 7#b7 ,federal land 7,a7 ,in general ,the term ,federal land means the following land in a ,state located in whole or in part west of the #ajjth meridian3 7i7 ,national ,forest ,system land4 7ii7 ,public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7,b7 ,exclusions ,the term ,federal land does not include-- 7i7 a component of the ,national ,wilderness ,preservation ,system1 ,national ,wild and ,scenic ,rivers ,system1 ,national ,trails ,system1 or ,national ,landscape ,conservation ,system2 7ii7 a ,national ,monument1 ,national ,preserve1 ,national ,scenic ,area1 or ,national ,recreation ,area2 or 7iii7 a wilderness study area4 7#c7 ,forest1 rangeland1 and watershed restoration services ,the term forest1 rangeland1 and watershed restoration services means-- 7,a7 activities to treat insect- and disease-infected trees2 7,b7 activities to reduce hazardous fuels2 7,c7 activities to maintain roads and trails that cross a boundary between ,federal land and non-,federal land2 and 7,d7 any other activities to restore or improve forest1 rangeland1 or watershed health1 including fish and wildlife habitat4 7#d7 ,good neighbor agreement ,the term good neighbor agreement means-- 7,a7 a nonfunding master cooperative agreement entered into between the ,secretary and a ,governor under chapter #fc of title #ca1 ,united ,states ,code2 or 7,b7 a memorandum of agreement or understanding entered into between the ,secretary and a ,governor4 7#e7 ,governor ,the term ,governor means the ,governor or any other appropriate executive official of an affected ,state4 7#f7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 with respect to ,bureau of ,land ,management land4 7b7 ,good neighbor agreements 7#a7 ,in general ,the ,secretary may enter into a good neighbor agreement with a ,governor to coordinate the procurement and implementation of authorized restoration services in accordance with this section4 7#b7 ,public notice and comment ,the ,secretary shall make each good neighbor agreement available to the public4 7c7 ,task orders1 contracts1 and cooperative agreements 7#a7 ,in general ,the ,secretary may issue a task order for1 or enter into a contract 7including a sole source contract7 or cooperative agreement with1 a ,governor to carry out authorized restoration services4 7#b7 ,requirements ,each task order1 contract1 or cooperative agreement entered into under paragraph 7#a7 shall be executed in accordance with-- 7,a7 chapter #fc of title #ca1 ,united ,states ,code2 and 7,b7 the applicable good neighbor agreement4 7d7 ,contract and subcontract requirements 7#a7 ,requirements for services on ,federal land 7,a7 ,in general ,for authorized restoration services carried out on ,federal land under subsection 7c71 each contract and subcontract issued under the authority of a ,governor shall include the provisions described in subparagraph 7,b7 that would have been included in the contract had the ,secretary been a party to the contract4 7,b7 ,applicable provisions ,the provisions referred to in subparagraph 7,a7 are provisions for-- 7i7 wages and benefits for workers employed by contractors and subcontractors required by-- 7,i7 subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code2 and 7,,ii7 chapter #f of title #da1 ,united ,states ,code2 7ii7 nondiscrimination2 and 7iii7 worker safety and protection4 7#b7 ,requirements for small businesses ,each contract and subcontract for authorized restoration services under subsection 7c7 shall comply with provisions for small business assistance and protection that would have been applicable to the contract had the ,secretary been a party to the contract4 7#c7 ,liability ,the ,secretary shall include provisions in each good neighbor agreement1 contract1 or cooperative agreement1 as appropriate1 governing the potential liability of the ,state and the ,secretary for actions carried out under this ,act4 7e7 ,termination of effectiveness 7#a7 ,in general ,the authority of the ,secretary to enter into cooperative agreements and contracts under this section terminates on ,september #cj1 #bjai4 7#b7 ,contract date ,the termination date of a cooperative agreement or contract entered into under this section shall not extend beyond ,september #cj1 #bjbj4 7#c7 ,consolidated authority 7,a7 ,federal and ,state cooperative watershed restoration and protection in ,colorado ,section #cca of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjja 7,public ,law #ajf-bia2 #aad ,stat4 #iif7 is repealed4 7,b7 ,federal and ,state cooperative forest1 rangeland1 and watershed restoration in ,utah ,section #ccg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjje 7,public ,law #ajh-ddg2 #aah ,stat4 #cajb7 is repealed4 7#d7 ,existing contracts ,nothing in the amendments made by this section affects contracts in effect on the day before the date of enactment of this ,act4 ,,ii ,post ,fire ,rehabilitation #bja4 ,emergency watershed protection program ,section #djc of the ,agricultural ,credit ,act of #aigh 7#af ,u4,s4,c4 #bbjc7 is amended by adding at the end the following new sentence3 ,in evaluating landowner and land user applications for assistance under this section1 the ,secretary shall give priority consideration to applications submitted by landowners and land users for runoff retardation and soil-erosion preventive measures needed to remediate the effects of catastrophic wildfire on ,federal land that is the source of drinking water for the landowners and land users44