II 

Calendar No. 406 

113TH CONGRESS 

2D SESSION S. 1300 

[Report No. 113–179] 

To amend the Healthy Forests Restoration Act of 2003 to provide for the 

conduct of stewardship end result contracting projects. 

IN THE SENATE OF THE UNITED STATES 

JULY 16 (legislative day, JULY 15), 2013 

Mr. FLAKE (for himself, Mr. MCCAIN, Mr. CRAPO, Mr. RISCH, Mr. HELLER, 

Mr. BAUCUS, Mr. BARRASSO, Mr. HEINRICH, Mr. ENZI, Mr. TESTER, 

and Mr. UDALL of New Mexico) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

JUNE 2, 2014 

Reported by Ms. LANDRIEU, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Healthy Forests Restoration Act of 2003 

to provide for the conduct of stewardship end result 

contracting projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stewardship Con3 tracting Reauthorization and Improvement Act’’. 

4 SEC. 2. STEWARDSHIP END RESULT CONTRACTING 

5 PROJECTS. 

6 (a) IN GENERAL.—Title VI of the Healthy Forests 

7 Restoration Act of 2003 (16 U.S.C. 6591) is amended by 

8 adding at the end the following: 

9 ‘‘SEC. 602. STEWARDSHIP END RESULT CONTRACTING 

10 PROJECTS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) CHIEF.—The term ‘Chief’ means the Chief 

13 of the Forest Service. 

14 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

15 the Director of the Bureau of Land Management. 

16 ‘‘(b) PROJECTS.—Until September 30, 2023, the The 

17 Chief and the Director, via agreement or contract as ap18 propriate, may enter into stewardship contracting projects 

19 with private persons or other public or private entities to 

20 perform services to achieve land management goals for the 

21 national forests and the public lands that meet local and 

22 rural community needs. 

23 ‘‘(c) LAND MANAGEMENT GOALS.—The land man24 agement goals of a project under subsection (b) may in25 clude— 


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1 ‘‘(1) road and trail maintenance or obliteration 

2 to restore or maintain water quality; 

3 ‘‘(2) soil productivity, habitat for wildlife and 

4 fisheries, or other resource values; 

5 ‘‘(3) setting of prescribed fires to improve the 

6 composition, structure, condition, and health of 

7 stands or to improve wildlife habitat; 

8 ‘‘(4) removing vegetation or other activities to 

9 promote healthy forest stands, reduce fire hazards, 

10 or achieve other land management objectives; 

11 ‘‘(5) watershed restoration and maintenance; 

12 ‘‘(6) restoration and maintenance of wildlife 

13 and fish; or 

14 ‘‘(7) control of noxious and exotic weeds and re15 establishing native plant species. 

16 ‘‘(d) AGREEMENTS OR CONTRACTS.— 

17 ‘‘(1) PROCUREMENT PROCEDURE.—A source 

18 for performance of an agreement or contract under 

19 subsection (b) shall be selected on a best-value basis, 

20 including consideration of source under other public 

21 and private agreements or contracts. 

22 ‘‘(2) CONTRACT FOR SALE OF PROPERTY.—A 

23 contract entered into under this section may, at the 

24 discretion of the Secretary of Agriculture, be consid25 ered a contract for the sale of property under such 


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1 terms as the Secretary may prescribe without regard 

2 to any other provision of law. 

3 ‘‘(3) TERM.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the Chief and the Director 

6 may enter into a contract under subsection (b) 

7 in accordance with section 3903 of title 41, 

8 United States Code. 

9 ‘‘(B) MAXIMUM.—The period of the con10 tract under subsection (b) may exceed 5 years 

11 but may not exceed 10 years. 

12 ‘‘(4) OFFSETS.— 

13 ‘‘(A) IN GENERAL.—The Chief and the Di14 rector may apply the value of timber or other 

15 forest products removed as an offset against the 

16 cost of services received under the agreement or 

17 contract described in subsection (b). 

18 ‘‘(B) METHODS OF APPRAISAL.—The value 

19 of timber or other forest products used as an 

20 offset under subparagraph (A)— 

21 ‘‘(i) shall be determined using appro22 priate methods of appraisal commensurate 

23 with the quantity of products to be re24 moved; and 

25 ‘‘(ii) may— 


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1 ‘‘(I) be determined using a unit 

2 of measure appropriate to the con3 tracts; and 

4 ‘‘(II) may include valuing prod5 ucts on a per-acre basis. 

6 ‘‘(5) CANCELLATION CEILINGS.— 

7 ‘‘(A) IN GENERAL.—The Chief and the Di8 rector may obligate funds to cover any potential 

9 cancellation or termination costs for an agree10 ment or contract under subsection (b) in stages 

11 that are economically or programmatically via12 ble. 

13 ‘‘(B) NOTICE.— 

14 ‘‘(i) SUBMISSION TO CONGRESS.—Not 

15 later than 30 days before entering into a 

16 multiyear agreement or contract under 

17 subsection (b) that includes a cancellation 

18 ceiling in excess of $25,000,000, but does 

19 not include proposed funding for the costs 

20 of cancelling the agreement or contract up 

21 to the cancellation ceiling established in 

22 the agreement or contract, the Chief and 

23 the Director shall submit to the Committee 

24 on Energy and Natural Resources of the 

25 Senate and the Committee on Natural ReVerDate Mar 15 2010 00:10 Jun 03, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1300.RS S1300

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1 sources of the House of Representatives a 

2 written notice that includes— 

3 ‘‘(I)(aa) the cancellation ceiling 

4 amounts proposed for each program 

5 year in the agreement or contract; 

6 and 

7 ‘‘(bb) the reasons for the can8 cellation ceiling amounts proposed 

9 under item (aa); 

10 ‘‘(II) the extent to which the 

11 costs of contract cancellation are not 

12 included in the budget for the agree13 ment or contract; and 

14 ‘‘(III) a financial risk assessment 

15 of not including budgeting for the 

16 costs of agreement or contract can17 cellation. 

18 ‘‘(ii) TRANSMITTAL TO OMB.—At least 

19 14 days before the date on which the Chief 

20 and Director enter into an agreement or 

21 contract under subsection (b), the Chief 

22 and Director shall transmit to the Director 

23 of the Office of Management and Budget 

24 a copy of the written notice submitted 

25 under clause (i). 


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1 ‘‘(6) RELATION TO OTHER LAWS.—Notwith2 standing subsections (d) and (g) of section 14 of the 

3 National Forest Management Act of 1976 (16 

4 U.S.C. 472a) and section 2(a)(1) of the Act of July 

5 31, 1947 (commonly known as the ‘Materials Act of 

6 1947’) (30 U.S.C. 602(a)(1)), the Chief and the Di7 rector may enter into an agreement or contract 

8 under subsection (b). 

9 ‘‘(7) CONTRACTING OFFICER.—Notwithstanding 

10 any other provision of law, the Secretary or the Sec11 retary of the Interior may determine the appropriate 

12 contracting officer to enter into and administer an 

13 agreement or contract under subsection (b). 

14 ‘‘(8) FIRE LIABILITY PROVISIONS.—Not later 

15 than 90 days after the date of enactment of this sec16 tion, the Chief and the Director shall issue for use 

17 in all contracts and agreements under subsection (b) 

18 fire liability provisions that are in substantially the 

19 same form as the fire liability provisions contained 

20 in— 

21 ‘‘(A) integrated resource timber contracts, 

22 as described in the Forest Service contract 

23 numbered 2400–13, part H, section H.4; and 


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1 ‘‘(B) timber sale contracts conducted pur2 suant to section 14 of the National Forest 

3 Management Act of 1976 (16 U.S.C. 472a). 

4 ‘‘(e) RECEIPTS.— 

5 ‘‘(1) IN GENERAL.—The Chief and the Director 

6 may collect monies from an agreement or contract 

7 under subsection (b) if the collection is a secondary 

8 objective of negotiating the contract that will best 

9 achieve the purposes of this section. 

10 ‘‘(2) USE.—Monies from an agreement or con11 tract under subsection (b)— 

12 ‘‘(A) may be retained by the Chief and the 

13 Director; and 

14 ‘‘(B) shall be available for expenditure 

15 without further appropriation at the project site 

16 from which the monies are collected or at an17 other project site. 

18 ‘‘(3) RELATION TO OTHER LAWS.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding any 

20 other provision of law, the value of services re21 ceived by the Chief or the Director under a 

22 stewardship contract project conducted under 

23 this section, and any payments made or re24 sources provided by the contractor, Chief, or 

25 Director shall not be considered monies received 


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1 from the National Forest System or the public 

2 lands. 

3 ‘‘(B) KNUTSON-VANDERBERG ACT.—The 

4 Act of June 9, 1930 (commonly known as the 

5 ‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et 

6 seq.) shall not apply to any agreement or con7 tract under subsection (b). 

8 ‘‘(f) COSTS OF REMOVAL.—Notwithstanding the fact 

9 that a contractor did not harvest the timber, the Chief 

10 may collect deposits from a contractor covering the costs 

11 of removal of timber or other forest products under— 

12 ‘‘(1) the Act of August 11, 1916 (16 U.S.C. 

13 490); and 

14 ‘‘(2) the Act of June 30, 1914 (16 U.S.C. 498). 

15 ‘‘(g) PERFORMANCE AND PAYMENT GUARANTEES.— 

16 ‘‘(1) IN GENERAL.—The Chief and the Director 

17 may require performance and payment bonds under 

18 sections 28.103–2 and 28.103–3 of the Federal Ac19 quisition Regulation, in an amount that the con20 tracting officer considers sufficient to protect the in21 vestment in receipts by the Federal Government 

22 generated by the contractor from the estimated 

23 value of the forest products to be removed under a 

24 contract under subsection (b). 


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1 ‘‘(2) EXCESS OFFSET VALUE.—If the offset 

2 value of the forest products exceeds the value of the 

3 resource improvement treatments, the Chief and the 

4 Director shall— 

5 ‘‘(A) use the excess to satisfy any out6 standing liabilities for cancelled agreements or 

7 contracts; or 

8 ‘‘(B) if there are no outstanding liabilities 

9 under subparagraph (A), apply the excess to 

10 other authorized stewardship projects. 

11 ‘‘(h) MONITORING AND EVALUATION.— 

12 ‘‘(1) IN GENERAL.—The Chief and the Director 

13 shall establish a multiparty monitoring and evalua14 tion process that accesses the stewardship con15 tracting projects conducted under this section. 

16 ‘‘(2) PARTICIPANTS.—Other than the Chief and 

17 Director, participants in the process described in 

18 paragraph (1) may include— 

19 ‘‘(A) any cooperating governmental agen20 cies, including tribal governments; and 

21 ‘‘(B) any other interested groups or indi22 viduals. 

23 ‘‘(i) REPORTING.—Not later than 1 year after the 

24 date of enactment of this section, and annually thereafter, 

25 the Chief and the Director shall report to the Committee 


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1 on Energy and Natural Resources of the Senate and the 

2 Committee on Natural Resources of the House of Rep3 resentatives on— 

4 ‘‘(1) the status of development, execution, and 

5 administration of agreements or contracts under 

6 subsection (b); 

7 ‘‘(2) the specific accomplishments that have re8 sulted; and 

9 ‘‘(3) the role of local communities in the devel10 opment of agreements or contract plans.’’. 

11 (b) OFFSET.—To the extent necessary, the Chief and 

12 the Director shall offset any direct spending authorized 

13 under section 602 of the Healthy Forests Restoration Act 

14 of 2003 (as added by subsection (a)) using any additional 

15 amounts that may be made available to the Chief or the 

16 Director for the applicable fiscal year. 

17 (c) CONFORMING AMENDMENT.—Section 347 of the 

18 Department of the Interior and Related Agencies Appro19 priations Act, 1999 (16 U.S.C. 2104 note; Public Law 

20 105–277) is repealed. 

21 (c) CONFORMING AMENDMENT.— 

22 (1) IN GENERAL.—Section 347 of the Depart23 ment of the Interior and Related Agencies Appropria24 tions Act, 1999 (16 U.S.C. 2104 note; Public Law 

25 105–277) is repealed. 


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1 (2) EFFECT OF REPEAL.—Notwithstanding the 

2 amendment made by paragraph (1), nothing in this 

3 Act or an amendment made by this Act invalidates 

4 or otherwise affects any stewardship contract entered 

5 into by the Chief of the Forest Service or the Director 

6 of the Bureau of Land Management that is in effect 

7 on the date of enactment of this Act. 


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Calendar No. 406 

113TH CONGRESS 

2D SESSION S. 1300 

[Report No. 113–179] 

A BILL 

To amend the Healthy Forests Restoration Act of 

end result contracting projects. 2003 to provide for the conduct of stewardship 

JUNE 2, 2014 

Reported with amendments 


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