S. 327 — Reported in Senate

II Calendar No. 175 113th CONGRESS 1st Session S. 327 [Report No. 113–97] IN THE SENATE OF THE UNITED STATES February 14, 2013Mr. Barrasso (for himself, Mr. Enzi, Mr. Hatch, Mr. Lee, Mr. Johnson of South Dakota, Mr. Thune, Mr. Udall of Colorado, Mr. Heller, Mr. Flake, Mr. Risch, and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources September 10, 2013Reported by Mr. Wyden, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. 1. Short title This Act may be cited as the Good Neighbor Forestry Act. 2. Definitions In this Act: (1) Eligible State The term eligible State means a State that contains National Forest System land or Bureau of Land Management land located west of the 100th meridian. (2) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. 3. Cooperative agreements and contracts (a) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (b) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State. (b) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in subsection (a) include the conduct of— (1) activities to treat insect-infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (c) State as agent Except as provided in subsection (f), a cooperative agreement or contract entered into under subsection (a) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (a). (d) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (a). (e) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a). (f) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (g) Applicable law The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable. 1. Short title This Act may be cited as the Good Neighbor Forestry Act. 2. Definitions In this Act: (1) Authorized restoration services The term authorized restoration services means similar and complementary forest, rangeland, and watershed restoration services carried out— (A) on Federal land and non-Federal land; and (B) by either the Secretary or a Governor pursuant to a good neighbor agreement. (2) Federal land (A) In general The term Federal land means land in a State located in whole or in part west of the 100th meridian that is— (i) National Forest System land; or (ii) public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (B) Exclusions The term Federal land does not include— (i) a component of the National Wilderness Preservation System; (ii) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or (iii) a wilderness study area. (3) Forest, rangeland, and watershed restoration services (A) In general The term forest, rangeland, and watershed restoration services means— (i) activities to treat insect- and disease-infected trees; (ii) activities to reduce hazardous fuels; and (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (B) Exclusions The term forest, rangeland, and watershed restoration services does not include— (i) construction, reconstruction, repair, or restoration of roads or parking areas; or (ii) construction, alteration, repair or replacement of public buildings or works. (4) Good neighbor agreement The term good neighbor agreement means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor to carry out authorized restoration services under this Act. (5) Governor The term Governor means the Governor or any other appropriate executive official of an affected State. (6) Road The term road has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (7) Secretary The term ‘‘Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to Bureau of Land Management land. 3. Good neighbor agreements (a) Good neighbor agreements (1) 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 section. (2) Public availability The Secretary shall make each good neighbor agreement available to the public. (b) Timber sales (1) In general Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a(d) and (g)) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a). (2) Approval of silviculture prescriptions and marking guides The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on Federal land in all timber sale projects conducted under this Act. (c) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services to be provided under this Act on Federal land shall not be delegated to a Governor. September 10, 2013Reported with an amendment