II 

113TH CONGRESS 

1ST SESSION S. 816 

To amend the Omnibus Public Land Management Act of 2009 to provide 

for the conduct of stewardship end result contracting projects. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2013 

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Omnibus Public Land Management Act of 

2009 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stewardship End Re5 sult Contracting Project Act’’. 

6 SEC. 2. STEWARDSHIP END RESULT CONTRACTING 

7 PROJECTS. 

8 (a) IN GENERAL.—Title IV of the Omnibus Public 

9 Land Management Act of 2009 is amended— 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 816 IS

1 (1) by redesignating section 4004 (16 U.S.C. 

2 7304) as section 4005; 

3 (2) by inserting after section 4003 (16 U.S.C. 

4 7303) the following: 

5 ‘‘SEC. 4004. STEWARDSHIP END RESULT CONTRACTING 

6 PROJECTS. 

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

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

9 of the Forest Service. 

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

11 the Director of the Bureau of Land Management. 

12 ‘‘(3) ELIGIBLE LAND.—The term ‘eligible land’ 

13 means land located on National Forest System land 

14 or Bureau of Land Management land located west 

15 of the 100th meridian. 

16 ‘‘(b) PROJECTS.—The Chief and the Director, via 

17 agreement or contract as appropriate, may enter into 

18 stewardship contracting projects with private persons or 

19 other public or private entities to perform services to 

20 achieve land management goals for eligible land that 

21 meets local and rural community needs. 

22 ‘‘(c) LAND MANAGEMENT GOALS.—The land man23 agement goals of a project under subsection (b) may in24 clude— 


jbell on DSK7SPTVN1PROD with BILLS
3 

•S 816 IS

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 


jbell on DSK7SPTVN1PROD with BILLS
4 

•S 816 IS

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— 


jbell on DSK7SPTVN1PROD with BILLS
5 

•S 816 IS

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) RELATION TO OTHER LAWS.—Notwith7 standing subsections (d) and (g) of section 14 of the 

8 National Forest Management Act of 1976 (16 

9 U.S.C. 472a), the Chief may enter into an agree10 ment or contract under subsection (b). 

11 ‘‘(6) CONTRACTING OFFICER.—Notwithstanding 

12 any other provision of law, the Secretary or the Sec13 retary of the Interior may determine the appropriate 

14 contracting officer to enter into and administer an 

15 agreement or contract under subsection (b). 

16 ‘‘(e) RECEIPTS.— 

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

18 may collect monies from an agreement or contract 

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

20 objective of negotiating the contract that will best 

21 achieve the purposes of this section. 

22 ‘‘(2) USE.—Monies from an agreement or con23 tract under subsection (b)— 

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

25 Director; and 


jbell on DSK7SPTVN1PROD with BILLS
6 

•S 816 IS

1 ‘‘(B) shall be available for expenditure 

2 without further appropriation at the project site 

3 from which the monies are collected or at an4 other project site. 

5 ‘‘(3) RELATION TO OTHER LAWS.— 

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

7 other provision of law, the value of services re8 ceived by the Chief or the Director under a 

9 stewardship contract project conducted under 

10 this section, and any payments made or re11 sources provided by the contractor, Chief, or 

12 Director shall not be considered monies received 

13 from the National Forest System or the public 

14 lands. 

15 ‘‘(B) KNUTSON-VANDERBERG ACT.—The 

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

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

18 seq.) shall not apply to any agreement or con19 tract under subsection (b). 

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

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

22 may collect deposits from a contractor covering the costs 

23 of removal of timber or other forest products under— 

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

25 490); and 


jbell on DSK7SPTVN1PROD with BILLS
7 

•S 816 IS

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

2 498). 

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

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

5 may require performance and payment bonds under 

6 sections 28.103–2 and 28.103–3 of the Federal Ac7 quisition Regulation, in an amount that the con8 tracting officer considers sufficient to protect the in9 vestment in receipts by the Federal Government 

10 generated by the contractor from the estimated 

11 value of the forest products to be removed under a 

12 contract under subsection (b). 

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

14 value of the forest products exceeds the value of the 

15 resource improvement treatments, the Chief and the 

16 Director may— 

17 ‘‘(A) collect any residual receipts under the 

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

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

20 seq.); and 

21 ‘‘(B) apply the excess to other authorized 

22 stewardship projects. 

23 ‘‘(h) MONITORING AND EVALUATION.— 

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

25 shall establish a multiparty monitoring and evaluaVerDate Mar 15 2010 03:00 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S816.IS S816

jbell on DSK7SPTVN1PROD with BILLS
8 

•S 816 IS

1 tion process that accesses the stewardship con2 tracting projects conducted under this section. 

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

4 Director, participants in the process described in 

5 paragraph (1) may include— 

6 ‘‘(A) any cooperating governmental agen7 cies, including tribal governments; and 

8 ‘‘(B) any other interested groups or indi9 viduals. 

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

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

12 the Chief and the Director shall report to the Committee 

13 on Energy and Natural Resources of the Senate and the 

14 Committee on Natural Resources of the House of Rep15 resentatives on— 

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

17 administration of agreements or contracts under 

18 subsection (b); 

19 ‘‘(2) the specific accomplishments that have re20 sulted; and 

21 ‘‘(3) the role of local communities in the devel22 opment of agreements or contract plans.’’; and 

23 (3) in section 4005 (as so redesignated), by in24 serting ‘‘, other than section 4004’’ after ‘‘title’’. 


jbell on DSK7SPTVN1PROD with BILLS
9 

•S 816 IS

1 (b) CONFORMING AMENDMENT.—Section 347 of the 

2 Department of the Interior and Related Agencies Appro3 priations Act, 1999 (16 U.S.C. 2104 note; Public Law 

4 105–277) is repealed. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS