II 

111TH CONGRESS 

1ST SESSION S. 1122 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mr. BARRASSO (for himself, Mr. JOHNSON, Mr. UDALL of Colorado, Mr. BENNET, Mr. RISCH, and Mr. BENNETT) introduced the following bill; which 

was read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

JUNE 10, 2009 

Committee discharged; referred to the Committee on Energy and Natural 

Resources 

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 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 ‘‘Good Neighbor For3 estry Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ELIGIBLE STATE.—The term ‘‘eligible 

7 State’’ means a State that contains National Forest 

8 System land or Bureau of Land Management land 

9 located west of the 100th meridian. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ 

11 means— 

12 (A) the Secretary of Agriculture, with re13 spect to National Forest System land; or 

14 (B) the Secretary of the Interior, with re15 spect to Bureau of Land Management land. 

16 (3) STATE FORESTER.—The term ‘‘State for17 ester’’ means the head of a State agency with juris18 diction over State forestry programs in an eligible 

19 State. 

20 SEC. 3. COOPERATIVE AGREEMENTS AND CONTRACTS. 

21 (a) IN GENERAL.—The Secretary may enter into a 

22 cooperative agreement or contract (including a sole source 

23 contract) with a State forester to authorize the State for24 ester to provide the forest, rangeland, and watershed res25 toration and protection services described in subsection (b) 

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S 1122 RCS 

1 on National Forest System land or Bureau of Land Man2 agement land, as applicable, in the eligible State. 

3 (b) AUTHORIZED SERVICES.—The forest, rangeland, 

4 and watershed restoration and protection services referred 

5 to in subsection (a) include the conduct of— 

6 (1) activities to treat insect infected trees; 

7 (2) activities to reduce hazardous fuels; and 

8 (3) any other activities to restore or improve 

9 forest, rangeland, and watershed health, including 

10 fish and wildlife habitat. 

11 (c) STATE AS AGENT.—Except as provided in sub12 section (f), a cooperative agreement or contract entered 

13 into under subsection (a) may authorize the State forester 

14 to serve as the agent for the Secretary in providing the 

15 restoration and protection services authorized under sub16 section (a). 

17 (d) SUBCONTRACTS.—In accordance with applicable 

18 contract procedures for the eligible State, a State forester 

19 may enter into subcontracts to provide the restoration and 

20 protection services authorized under a cooperative agree21 ment or contract entered into under subsection (a). 

22 (e) TIMBER SALES.—Subsections (d) and (g) of sec23 tion 14 of the National Forest Management Act of 1976 

24 (16 U.S.C. 472a) shall not apply to services performed 

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1 under a cooperative agreement or contract entered into 

2 under subsection (a). 

3 (f) RETENTION OF NEPA RESPONSIBILITIES.—Any 

4 decision required to be made under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

6 respect to any restoration and protection services to be 

7 provided under this Act by a State forester on National 

8 Forest System land or Bureau of Land Management land, 

9 as applicable, shall not be delegated to a State forester 

10 or any other officer or employee of the eligible State. 

11 (g) APPLICABLE LAW.—The restoration and protec12 tion services to be provided under this Act shall be carried 

13 out on a project-to-project basis under existing authorities 

14 of the Forest Service or Bureau of Land Management, 

15 as applicable. 

16 SEC. 4. TERMINATION OF EFFECTIVENESS. 

17 (a) IN GENERAL.—The authority of the Secretary to 

18 enter into cooperative agreements and contracts under 

19 this Act terminates on September 30, 2018. 

20 (b) CONTRACT DATE.—The termination date of a co21 operative agreement or contract entered into under this 

22 Act shall not extend beyond September 30, 2019. 

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