I 

113TH CONGRESS 

1ST SESSION H. R. 1442 

To amend the Healthy Forests Restoration Act of 2003 to improve the 

response to insect infestations and related diseases and to change the 

funding source for the Healthy Forests Reserve Program, to codify 

the stewardship end result contracting and good neighbor authorities, 

and to amend the emergency watershed protection program to improve 

post fire rehabilitation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2013 

Mr. MARKEY introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, 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 2003 

to improve the response to insect infestations and related 

diseases and to change the funding source for the 

Healthy Forests Reserve Program, to codify the stewardship end result contracting and good neighbor authorities, and to amend the emergency watershed protection 

program to improve post fire rehabilitation, and for other 

purposes. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Depleting Risk from Insect Infestation, Soil Erosion, and 

4 Catastrophic Fire Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO HEALTHY FORESTS RESTORATION 

ACT OF 2003 RESPONSE 

Subtitle A—Response to Insect Infestations and Related Diseases 

Sec. 101. Insect infestations and related diseases. 

Sec. 102. Change in funding source for healthy forests reserve program. 

Subtitle B—Stewardship End Result Contracting 

Sec. 121. Stewardship end result contracting projects. 

Subtitle C—Good Neighbor Authority 

Sec. 141. Good neighbor authority. 

TITLE II—POST FIRE REHABILITATION 

Sec. 201. Emergency watershed protection program. 

7 TITLE I—AMENDMENTS TO 

8 HEALTHY FORESTS RESTORA9 TION ACT OF 2003 RESPONSE 

10 Subtitle A—Response to Insect 

11 Infestations and Related Diseases 

12 SEC. 101. INSECT INFESTATIONS AND RELATED DISEASES. 

13 (a) FINDINGS AND PURPOSES.—Section 401 of the 

14 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

15 6551) is amended— 

16 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (3) 

2 through (12) as paragraphs (4) through (13), 

3 respectively; and 

4 (B) by inserting after paragraph (2) the 

5 following: 

6 ‘‘(3) the mountain pine beetle is— 

7 ‘‘(A) threatening and ravaging forests 

8 throughout the Western region of the United 

9 States, including Arizona, California, Colorado, 

10 Idaho, Montana, Nevada, New Mexico, Oregon, 

11 and South Dakota; 

12 ‘‘(B) reaching epidemic populations and se13 verely impacting over 41,000,000 acres in west14 ern forests; and 

15 ‘‘(C) deteriorating forest health in national 

16 forests and, when combined with drought, dis17 ease, and storm damage, is resulting in extreme 

18 fire hazards in national forests across the West19 ern United States and endangering the eco20 nomic stability of surrounding adjacent commu21 nities, ranches, and parks;’’; and 

22 (2) in subsection (b)— 

23 (A) in paragraph (2), by striking ‘‘and’’ at 

24 the end; 


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1 (B) in paragraph (3), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(4) to provide for designation of treatment 

5 areas pursuant to section 405.’’. 

6 (b) DESIGNATION OF TREATMENT AREAS.—Title IV 

7 of the Healthy Forests Restoration Act of 2003 (16 

8 U.S.C. 6551 et seq.) is amended— 

9 (1) by redesignating sections 405 and 406 (16 

10 U.S.C. 6555, 6556) as sections 406 and 407, respec11 tively; and 

12 (2) by inserting after section 404 (16 U.S.C. 

13 6554) the following: 

14 ‘‘SEC. 405. DESIGNATION OF INSECT AND DISEASE TREAT15 MENT AND RESEARCH PILOT PROGRAM 

16 AREAS. 

17 ‘‘(a) DESIGNATION OF TREATMENT AREAS.—Not 

18 later than 60 days after the date of enactment of the De19 pleting Risk from Insect Infestation, Soil Erosion, and 

20 Catastrophic Fire Act, the Secretary, in consultation with 

21 the Governor of each State, shall designate as part of an 

22 insect and disease treatment and research pilot program 

23 1 or more subwatersheds (sixth-level hydrologic units, ac24 cording to the System of Hydrologic Unit Codes of the 

25 United States Geological Survey) in at least 1 national 


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1 forest in each State that is experiencing an insect or dis2 ease epidemic. 

3 ‘‘(b) REQUIREMENTS.—A subwatershed designated 

4 under subsection (a) shall be— 

5 ‘‘(1) experiencing substantially increased tree 

6 mortality due to insect or disease infestation, based 

7 on annual forest health surveys conducted by the 

8 Secretary; 

9 ‘‘(2) at risk of experiencing substantially in10 creased tree mortality over the next 15 years due to 

11 insect or disease infestation, based on the most re12 cent National Insect and Disease Risk Map pub13 lished by the Forest Service; or 

14 ‘‘(3) in an area in which the risk of hazard 

15 trees poses an imminent risk to public infrastruc16 ture, health, or safety. 

17 ‘‘(c) TREATMENT AREAS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may carry 

19 out priority projects on Federal land in the sub20 watersheds designated under subsection (a) to re21 duce the risk or extent of, or increase the resilience 

22 to, insect or disease infestation in the subwater23 sheds. 

24 ‘‘(2) AUTHORITY.—Any project under para25 graph (1) for which a public notice to initiate 


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1 scoping is issued on or before September 30, 2017, 

2 may be carried out in accordance with subsections 

3 (b), (c), (d), and (g) of section 102, and sections, 

4 104, 105, 106, and 401. 

5 ‘‘(3) EFFECT.—Projects carried out under this 

6 subsection shall be considered ‘authorized hazardous 

7 fuel reduction projects’ for purposes of the authori8 ties described in paragraph (2). 

9 ‘‘(4) REPORT.—Not later than September 30, 

10 2017, the Secretary shall issue a report that in11 cludes— 

12 ‘‘(A) an evaluation of the progress towards 

13 project goals; and 

14 ‘‘(B) recommendations for modifications to 

15 the projects and management treatments. 

16 ‘‘(d) TREE RETENTION.—The Secretary shall carry 

17 out projects under subsection (c) in a manner that maxi18 mizes the retention of old-growth and large trees, as ap19 propriate for the forest type, to the extent that the trees 

20 promote stands that are resilient to insects and disease.’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 407 of the Healthy Forests Restoration Act of 2003 (as 

23 redesignated by subsection (b)(1)) is amended by striking 

24 ‘‘2008’’ and inserting ‘‘2017’’. 


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1 SEC. 102. CHANGE IN FUNDING SOURCE FOR HEALTHY 

2 FORESTS RESERVE PROGRAM. 

3 Section 508 of the Healthy Forests Restoration Act 

4 of 2003 (16 U.S.C. 6578) is amended— 

5 (1) in subsection (a), by striking ‘‘IN GEN6 ERAL’’ and inserting ‘‘FISCAL YEARS 2009 

7 THROUGH 2012’’; 

8 (2) by redesignating subsection (b) as sub9 section (d); and 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) FISCAL YEARS 2014 THROUGH 2017.—There is 

13 authorized to be appropriated to the Secretary of Agri14 culture to carry out this section $9,750,000 for each of 

15 fiscal years 2014 through 2017. 

16 ‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition 

17 to funds appropriated pursuant to the authorization of ap18 propriations in subsection (b) for a fiscal year, the Sec19 retary may use such amount of the funds appropriated 

20 for that fiscal year to carry out the Soil Conservation and 

21 Domestic Allotment Act (16 U.S.C. 590a et seq.) as the 

22 Secretary determines necessary to cover the cost of tech23 nical assistance, management, and enforcement respon24 sibilities for land enrolled in the healthy forests reserve 

25 program pursuant to subsections (a) and (b) of section 

26 504.’’. 


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1 Subtitle B—Stewardship End 

2 Result Contracting 

3 SEC. 121. STEWARDSHIP END RESULT CONTRACTING 

4 PROJECTS. 

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

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

7 adding at the end the following: 

8 ‘‘SEC. 602. STEWARDSHIP END RESULT CONTRACTING 

9 PROJECTS. 

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

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

12 of the Forest Service. 

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

14 the Director of the Bureau of Land Management. 

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

16 agreement or contract as appropriate, may enter into 

17 stewardship contracting projects with private persons or 

18 other public or private entities to perform services to 

19 achieve land management goals for the national forests 

20 and the public lands that meet local and rural community 

21 needs. 

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

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) include valuing products on 

5 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 


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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 


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

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

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

4 may require performance and payment bonds under 

5 sections 28.103–2 and 28.103–3 of the Federal Ac6 quisition Regulation, in an amount that the con7 tracting officer considers sufficient to protect the in8 vestment in receipts by the Federal Government 

9 generated by the contractor from the estimated 

10 value of the forest products to be removed under a 

11 contract under subsection (b). 

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

13 value of the forest products exceeds the value of the 

14 resource improvement treatments, the Chief and the 

15 Director may— 

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

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

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

19 seq.); and 

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

21 stewardship projects. 

22 ‘‘(h) MONITORING AND EVALUATION.— 

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

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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 Agriculture, Nutrition, and Forestry of the Senate and 

14 the Committee on Agriculture of the House of Representa15 tives 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.’’. 

23 (b) REPEAL OF SUPERSEDED PROGRAM.—Section 

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1 cies Appropriations Act, 1999 (16 U.S.C. 2104 note; Pub2 lic Law 105–277) is repealed. 

3 Subtitle C—Good Neighbor 

4 Authority 

5 SEC. 141. GOOD NEIGHBOR AUTHORITY. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AUTHORIZED RESTORATION SERVICES.— 

8 The term ‘‘authorized restoration services’’ means 

9 similar and complementary forest, rangeland, and 

10 watershed restoration services carried out on adja11 cent Federal land and non-Federal land by either 

12 the Secretary or a Governor pursuant to— 

13 (A) a good neighbor agreement; and 

14 (B) a cooperative agreement or contract 

15 entered into under subsection (c). 

16 (2) FEDERAL LAND.— 

17 (A) IN GENERAL.—The term ‘‘Federal 

18 land’’ means the following land in a State lo19 cated in whole or in part west of the 100th me20 ridian: 

21 (i) National Forest System land. 

22 (ii) Public lands (as defined in section 

23 103 of the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1702)). 


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1 (B) EXCLUSIONS.—The term ‘‘Federal 

2 land’’ does not include— 

3 (i) a component of the National Wil4 derness Preservation System, National 

5 Wild and Scenic Rivers System, National 

6 Trails System, or National Landscape 

7 Conservation System; 

8 (ii) a National Monument, National 

9 Preserve, National Scenic Area, or Na10 tional Recreation Area; or 

11 (iii) a wilderness study area. 

12 (3) FOREST, RANGELAND, AND WATERSHED

13 RESTORATION SERVICES.—The term ‘‘forest, range14 land, and watershed restoration services’’ means— 

15 (A) activities to treat insect- and disease16 infected trees; 

17 (B) activities to reduce hazardous fuels; 

18 (C) activities to maintain roads and trails 

19 that cross a boundary between Federal land 

20 and non-Federal land; and 

21 (D) any other activities to restore or im22 prove forest, rangeland, or watershed health, in23 cluding fish and wildlife habitat. 

24 (4) GOOD NEIGHBOR AGREEMENT.—The term 

25 ‘‘good neighbor agreement’’ means— 


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1 (A) a nonfunding master cooperative 

2 agreement entered into between the Secretary 

3 and a Governor under chapter 63 of title 31, 

4 United States Code; or 

5 (B) a memorandum of agreement or un6 derstanding entered into between the Secretary 

7 and a Governor. 

8 (5) GOVERNOR.—The term ‘‘Governor’’ means 

9 the Governor or any other appropriate executive offi10 cial of an affected State. 

11 (6) SECRETARY.—The term ‘‘Secretary’’ 

12 means— 

13 (A) the Secretary of Agriculture, with re14 spect to National Forest System land; and 

15 (B) the Secretary of the Interior, with re16 spect to Bureau of Land Management land. 

17 (b) GOOD NEIGHBOR AGREEMENTS.— 

18 (1) IN GENERAL.—The Secretary may enter 

19 into a good neighbor agreement with a Governor to 

20 coordinate the procurement and implementation of 

21 authorized restoration services in accordance with 

22 this section. 

23 (2) PUBLIC NOTICE AND COMMENT.—The Sec24 retary shall make each good neighbor agreement 

25 available to the public. 


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1 (c) TASK ORDERS, CONTRACTS, AND COOPERATIVE

2 AGREEMENTS.— 

3 (1) IN GENERAL.—The Secretary may issue a 

4 task order for, or enter into a contract (including a 

5 sole source contract) or cooperative agreement with, 

6 a Governor to carry out authorized restoration serv7 ices. 

8 (2) REQUIREMENTS.—Each task order, con9 tract, or cooperative agreement entered into under 

10 paragraph (1) shall be executed in accordance 

11 with— 

12 (A) chapter 63 of title 31, United States 

13 Code; and 

14 (B) the applicable good neighbor agree15 ment. 

16 (d) CONTRACT AND SUBCONTRACT REQUIRE17 MENTS.— 

18 (1) REQUIREMENTS FOR SERVICES ON FED19 ERAL LAND.— 

20 (A) IN GENERAL.—For authorized restora21 tion services carried out on Federal land under 

22 subsection (c), each contract and subcontract 

23 issued under the authority of a Governor shall 

24 include the provisions described in subpara25 graph (B) that would have been included in the 


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1 contract had the Secretary been a party to the 

2 contract. 

3 (B) APPLICABLE PROVISIONS.—The provi4 sions referred to in subparagraph (A) are provi5 sions for— 

6 (i) wages and benefits for workers em7 ployed by contractors and subcontractors 

8 required by— 

9 (I) subchapter IV of chapter 31 

10 of part A of subtitle II of title 40, 

11 United States Code; and 

12 (II) chapter 6 of title 41, United 

13 States Code; 

14 (ii) nondiscrimination; and 

15 (iii) worker safety and protection. 

16 (2) REQUIREMENTS FOR SMALL BUSINESSES.— 

17 Each contract and subcontract for authorized res18 toration services under subsection (c) shall comply 

19 with provisions for small business assistance and 

20 protection that would have been applicable to the 

21 contract had the Secretary been a party to the con22 tract. 

23 (3) LIABILITY.—The Secretary shall include 

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1 erning the potential liability of the State and the 

2 Secretary for actions carried out under this Act. 

3 (e) TERMINATION OF EFFECTIVENESS.— 

4 (1) IN GENERAL.—The authority of the Sec5 retary to enter into cooperative agreements and con6 tracts under this section terminates on September 

7 30, 2019. 

8 (2) CONTRACT DATE.—The termination date of 

9 a cooperative agreement or contract entered into 

10 under this section shall not extend beyond Sep11 tember 30, 2020. 

12 (3) CONSOLIDATED AUTHORITY.— 

13 (A) FEDERAL AND STATE COOPERATIVE

14 WATERSHED RESTORATION AND PROTECTION

15 IN COLORADO.—Section 331 of the Department 

16 of the Interior and Related Agencies Appropria17 tions Act, 2001 (Public Law 106–291; 114 

18 Stat. 996) is repealed. 

19 (B) FEDERAL AND STATE COOPERATIVE

20 FOREST, RANGELAND, AND WATERSHED RES21 TORATION IN UTAH.—Section 337 of the De22 partment of the Interior and Related Agencies 

23 Appropriations Act, 2005 (Public Law 108– 

24 447; 118 Stat. 3102) is repealed. 


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1 (4) EXISTING CONTRACTS.—Nothing in the 

2 amendments made by this section affects contracts 

3 in effect on the day before the date of enactment of 

4 this Act. 

5 TITLE II—POST FIRE 

6 REHABILITATION 

7 SEC. 201. EMERGENCY WATERSHED PROTECTION PRO8 GRAM. 

9 Section 403 of the Agricultural Credit Act of 1978 

10 (16 U.S.C. 2203) is amended by adding at the end the 

11 following new sentence: ‘‘In evaluating landowner and land 

12 user applications for assistance under this section, the 

13 Secretary shall give priority consideration to applications 

14 submitted by landowners and land users for runoff retar15 dation and soil-erosion preventive measures needed to re16 mediate the effects of catastrophic wildfire on Federal 

17 land that is the source of drinking water for the land18 owners and land users.’’. 

Æ 


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