II 

Calendar No. 175 

113TH CONGRESS 

1ST SESSION S. 327 

[Report No. 113–97] 

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 

FEBRUARY 14, 2013 

Mr. 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, 2013 

Reported by Mr. WYDEN, with an amendment 

[Strike 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. 


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•S 327 RS

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 ‘‘Good Neighbor For5 estry Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 State’’ means a State that contains National Forest 

10 System land or Bureau of Land Management land 

11 located west of the 100th meridian. 

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

13 means— 

14 (A) the Secretary of Agriculture, with re15 spect to National Forest System land; or 

16 (B) the Secretary of the Interior, with re17 spect to Bureau of Land Management land. 

18 (3) STATE FORESTER.—The term ‘‘State for19 ester’’ means the head of a State agency with juris20 diction over State forestry programs in an eligible 

21 State. 

22 SEC. 3. COOPERATIVE AGREEMENTS AND CONTRACTS. 

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

24 cooperative agreement or contract (including a sole source 

25 contract) with a State forester to authorize the State forVerDate Mar 15 2010 00:33 Sep 11, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S327.RS S327

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1 ester to provide the forest, rangeland, and watershed res2 toration and protection services described in subsection (b) 

3 on National Forest System land or Bureau of Land Man4 agement land, as applicable, in the eligible State. 

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

6 and watershed restoration and protection services referred 

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

8 (1) activities to treat insect-infected trees; 

9 (2) activities to reduce hazardous fuels; and 

10 (3) any other activities to restore or improve 

11 forest, rangeland, and watershed health, including 

12 fish and wildlife habitat. 

13 (c) STATE AS AGENT.—Except as provided in sub14 section (f), a cooperative agreement or contract entered 

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

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

17 restoration and protection services authorized under sub18 section (a). 

19 (d) SUBCONTRACTS.—In accordance with applicable 

20 contract procedures for the eligible State, a State forester 

21 may enter into subcontracts to provide the restoration and 

22 protection services authorized under a cooperative agree23 ment or contract entered into under subsection (a). 

24 (e) TIMBER SALES.—Subsections (d) and (g) of sec25 tion 14 of the National Forest Management Act of 1976 


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1 (16 U.S.C. 472a) shall not apply to services performed 

2 under a cooperative agreement or contract entered into 

3 under subsection (a). 

4 (f) RETENTION OF NEPA RESPONSIBILITIES.—Any 

5 decision required to be made under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

7 respect to any restoration and protection services to be 

8 provided under this Act by a State forester on National 

9 Forest System land or Bureau of Land Management land, 

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

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

12 (g) APPLICABLE LAW.—The restoration and protec13 tion services to be provided under this Act shall be carried 

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

15 of the Forest Service or Bureau of Land Management, 

16 as applicable. 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Good Neighbor Forestry 

19 Act’’. 

20 SEC. 2. DEFINITIONS. 

21 In this Act: 

22 (1) AUTHORIZED RESTORATION SERVICES.—The 

23 term ‘‘authorized restoration services’’ means similar 

24 and complementary forest, rangeland, and watershed 

25 restoration services carried out— 


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1 (A) on Federal land and non-Federal land; 

2 and 

3 (B) by either the Secretary or a Governor 

4 pursuant to a good neighbor agreement. 

5 (2) FEDERAL LAND.— 

6 (A) IN GENERAL.—The term ‘‘Federal land’’ 

7 means land in a State located in whole or in 

8 part west of the 100th meridian that is— 

9 (i) National Forest System land; or 

10 (ii) public land (as defined in section 

11 103 of the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1702)). 

13 (B) EXCLUSIONS.—The term ‘‘Federal 

14 land’’ does not include— 

15 (i) a component of the National Wil16 derness Preservation System; 

17 (ii) Federal land on which the removal 

18 of vegetation is prohibited or restricted by 

19 Act of Congress or Presidential proclama20 tion (including the applicable implementa21 tion plan); or 

22 (iii) a wilderness study area. 

23 (3) FOREST, RANGELAND, AND WATERSHED RES24 TORATION SERVICES.— 


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1 (A) IN GENERAL.—The term ‘‘forest, range2 land, and watershed restoration services’’ 

3 means— 

4 (i) activities to treat insect- and dis5 ease-infected trees; 

6 (ii) activities to reduce hazardous fuels; 

7 and 

8 (iii) any other activities to restore or 

9 improve forest, rangeland, and watershed 

10 health, including fish and wildlife habitat. 

11 (B) EXCLUSIONS.—The term ‘‘forest, range12 land, and watershed restoration services’’ does 

13 not include— 

14 (i) construction, reconstruction, repair, 

15 or restoration of roads or parking areas; or 

16 (ii) construction, alteration, repair or 

17 replacement of public buildings or works. 

18 (4) GOOD NEIGHBOR AGREEMENT.—The term 

19 ‘‘good neighbor agreement’’ means a cooperative 

20 agreement or contract (including a sole source con21 tract) entered into between the Secretary and a Gov22 ernor to carry out authorized restoration services 

23 under this Act. 


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

2 the Governor or any other appropriate executive offi3 cial of an affected State. 

4 (6) ROAD.—The term ‘‘road’’ has the meaning 

5 given the term in section 212.1 of title 36, Code of 

6 Federal Regulations (as in effect on the date of enact7 ment of this Act). 

8 (7) SECRETARY.—The term ‘‘Secretary means— 

9 (A) the Secretary of Agriculture, with re10 spect to National Forest System land; and 

11 (B) the Secretary of the Interior, with re12 spect to Bureau of Land Management land. 

13 SEC. 3. GOOD NEIGHBOR AGREEMENTS. 

14 (a) GOOD NEIGHBOR AGREEMENTS.— 

15 (1) IN GENERAL.—The Secretary may enter into 

16 a good neighbor agreement with a Governor to coordi17 nate the procurement and implementation of author18 ized restoration services in accordance with this sec19 tion. 

20 (2) PUBLIC AVAILABILITY.—The Secretary shall 

21 make each good neighbor agreement available to the 

22 public. 

23 (b) TIMBER SALES.— 

24 (1) IN GENERAL.—Subsections (d) and (g) of sec25 tion 14 of the National Forest Management Act of 


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1 1976 (16 U.S.C. 472a(d) and (g)) shall not apply to 

2 services performed under a cooperative agreement or 

3 contract entered into under subsection (a). 

4 (2) APPROVAL OF SILVICULTURE PRESCRIPTIONS

5 AND MARKING GUIDES.—The Secretary shall provide 

6 or approve all silviculture prescriptions and marking 

7 guides to be applied on Federal land in all timber 

8 sale projects conducted under this Act. 

9 (c) RETENTION OF NEPA RESPONSIBILITIES.—Any 

10 decision required to be made under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

12 respect to any authorized restoration services to be provided 

13 under this Act on Federal land shall not be delegated to 

14 a Governor. 


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Calendar No. 175 

113TH CONGRESS 

1ST SESSION S. 327 

[Report No. 113–97] 

A BILL 

To authorize the Secretary of Agriculture and the 

services. land, and watershed restoration and protection State foresters to provide certain forest, rangeagreements with State foresters authorizing Secretary of the Interior to enter into cooperative 

SEPTEMBER 10, 2013 

Reported with an amendment 


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