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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 327 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Good Neighbor Forestry 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Eligible state.--The term ``eligible State'' 
        means a State that contains National Forest System land or 
        Bureau of Land Management land located west of the 100th 
        meridian.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means--
        </DELETED>
                <DELETED>    (A) the Secretary of Agriculture, with 
                respect to National Forest System land; or</DELETED>
                <DELETED>    (B) the Secretary of the Interior, with 
                respect to Bureau of Land Management land.</DELETED>
        <DELETED>    (3) State forester.--The term ``State forester'' 
        means the head of a State agency with jurisdiction over State 
        forestry programs in an eligible State.</DELETED>

<DELETED>SEC. 3. COOPERATIVE AGREEMENTS AND CONTRACTS.</DELETED>

<DELETED>    (a) In General.--The Secretary may enter into a 
cooperative agreement or contract (including a sole source contract) 
with a State forester to authorize the State forester to provide the 
forest, rangeland, and watershed restoration and protection services 
described in subsection (b) on National Forest System land or Bureau of 
Land Management land, as applicable, in the eligible State.</DELETED>
<DELETED>    (b) Authorized Services.--The forest, rangeland, and 
watershed restoration and protection services referred to in subsection 
(a) include the conduct of--</DELETED>
        <DELETED>    (1) activities to treat insect-infected 
        trees;</DELETED>
        <DELETED>    (2) activities to reduce hazardous fuels; 
        and</DELETED>
        <DELETED>    (3) any other activities to restore or improve 
        forest, rangeland, and watershed health, including fish and 
        wildlife habitat.</DELETED>
<DELETED>    (c) State as Agent.--Except as provided in subsection (f), 
a cooperative agreement or contract entered into under subsection (a) 
may authorize the State forester to serve as the agent for the 
Secretary in providing the restoration and protection services 
authorized under subsection (a).</DELETED>
<DELETED>    (d) Subcontracts.--In accordance with applicable contract 
procedures for the eligible State, a State forester may enter into 
subcontracts to provide the restoration and protection services 
authorized under a cooperative agreement or contract entered into under 
subsection (a).</DELETED>
<DELETED>    (e) Timber Sales.--Subsections (d) and (g) of section 14 
of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall 
not apply to services performed under a cooperative agreement or 
contract entered into under subsection (a).</DELETED>
<DELETED>    (f) Retention of NEPA Responsibilities.--Any decision 
required to be made under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) with respect to any restoration and protection 
services to be provided under this Act by a State forester on National 
Forest System land or Bureau of Land Management land, as applicable, 
shall not be delegated to a State forester or any other officer or 
employee of the eligible State.</DELETED>
<DELETED>    (g) Applicable Law.--The restoration and protection 
services to be provided under this Act shall be carried out on a 
project-to-project basis under existing authorities of the Forest 
Service or Bureau of Land Management, as applicable.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Neighbor Forestry Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Authorized restoration services.--The term ``authorized 
        restoration services'' means similar and complementary forest, 
        rangeland, and watershed restoration services carried out--
                    (A) on Federal land and non-Federal land; and
                    (B) by either the Secretary or a Governor pursuant 
                to a good neighbor agreement.
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                land in a State located in whole or in part west of the 
                100th meridian that is--
                            (i) National Forest System land; or
                            (ii) public land (as defined in section 103 
                        of the Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1702)).
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                            (i) a component of the National Wilderness 
                        Preservation System;
                            (ii) Federal land on which the removal of 
                        vegetation is prohibited or restricted by Act 
                        of Congress or Presidential proclamation 
                        (including the applicable implementation plan); 
                        or
                            (iii) a wilderness study area.
            (3) Forest, rangeland, and watershed restoration 
        services.--
                    (A) In general.--The term ``forest, rangeland, and 
                watershed restoration services'' means--
                            (i) activities to treat insect- and 
                        disease-infected trees;
                            (ii) activities to reduce hazardous fuels; 
                        and
                            (iii) any other activities to restore or 
                        improve forest, rangeland, and watershed 
                        health, including fish and wildlife habitat.
                    (B) Exclusions.--The term ``forest, rangeland, and 
                watershed restoration services'' does not include--
                            (i) construction, reconstruction, repair, 
                        or restoration of roads or parking areas; or
                            (ii) construction, alteration, repair or 
                        replacement of public buildings or works.
            (4) Good neighbor agreement.--The term ``good neighbor 
        agreement'' means a cooperative agreement or contract 
        (including a sole source contract) entered into between the 
        Secretary and a Governor to carry out authorized restoration 
        services under this Act.
            (5) Governor.--The term ``Governor'' means the Governor or 
        any other appropriate executive official of an affected State.
            (6) Road.--The term ``road'' has the meaning given the term 
        in section 212.1 of title 36, Code of Federal Regulations (as 
        in effect on the date of enactment of this Act).
            (7) Secretary.--The term ``Secretary means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                Bureau of Land Management land.

SEC. 3. GOOD NEIGHBOR AGREEMENTS.

    (a) Good Neighbor Agreements.--
            (1) In general.--The Secretary may enter into a good 
        neighbor agreement with a Governor to coordinate the 
        procurement and implementation of authorized restoration 
        services in accordance with this section.
            (2) Public availability.--The Secretary shall make each 
        good neighbor agreement available to the public.
    (b) Timber Sales.--
            (1) In general.--Subsections (d) and (g) of section 14 of 
        the National Forest Management Act of 1976 (16 U.S.C. 472a(d) 
        and (g)) shall not apply to services performed under a 
        cooperative agreement or contract entered into under subsection 
        (a).
            (2) Approval of silviculture prescriptions and marking 
        guides.--The Secretary shall provide or approve all 
        silviculture prescriptions and marking guides to be applied on 
        Federal land in all timber sale projects conducted under this 
        Act.
    (c) Retention of NEPA Responsibilities.--Any decision required to 
be made under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any authorized restoration services to be 
provided under this Act on Federal land shall not be delegated to a 
Governor.
                                                       Calendar No. 175

113th CONGRESS

  1st Session

                                 S. 327

                          [Report No. 113-97]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 10, 2013

                       Reported with an amendment
```