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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2798 Reported in Senate (RS)]

                                                       Calendar No. 599
111th CONGRESS
  2d Session
                                S. 2798

                          [Report No. 111-313]

To reduce the risk of catastrophic wildfire through the facilitation of 
insect and disease infestation treatment of National Forest System and 
                 adjacent land, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2009

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

                           September 27, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To reduce the risk of catastrophic wildfire through the facilitation of 
insect and disease infestation treatment of National Forest System and 
                 adjacent land, and for other purposes.

    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 ``National Forest Insect and 
Disease Emergency Act of 2009''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to ensure that adequate emphasis is placed on 
        the mitigation of hazards posed by large-scale infestations of 
        bark beetles and other insects through the establishment of 
        insect and disease emergency areas;</DELETED>
        <DELETED>    (2) to ensure that increased resources are 
        available within each designated insect and disease emergency 
        area to mitigate hazards associated with--</DELETED>
                <DELETED>    (A) falling trees;</DELETED>
                <DELETED>    (B) increased fire hazards; and</DELETED>
                <DELETED>    (C) the restoration of National Forest 
                System land; and</DELETED>
        <DELETED>    (3) to make permanent, as of the date of enactment 
        of this Act, existing good neighbor and stewardship contracting 
        authorities.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Affected state.--The term ``affected State'' 
        includes each of the States of--</DELETED>
                <DELETED>    (A) Arizona;</DELETED>
                <DELETED>    (B) California;</DELETED>
                <DELETED>    (C) Colorado;</DELETED>
                <DELETED>    (D) Idaho;</DELETED>
                <DELETED>    (E) Montana;</DELETED>
                <DELETED>    (F) Nevada;</DELETED>
                <DELETED>    (G) New Mexico;</DELETED>
                <DELETED>    (H) Oregon;</DELETED>
                <DELETED>    (I) South Dakota;</DELETED>
                <DELETED>    (J) Utah;</DELETED>
                <DELETED>    (K) Washington; and</DELETED>
                <DELETED>    (L) Wyoming.</DELETED>
        <DELETED>    (2) Insect and disease emergency area.--The term 
        ``insect and disease emergency area'' means an area of National 
        Forest System land--</DELETED>
                <DELETED>    (A) that is located in an affected State 
                that is not--</DELETED>
                        <DELETED>    (i) designated as wilderness; 
                        or</DELETED>
                        <DELETED>    (ii) an area recommended for 
                        wilderness in a forest land and resource 
                        management plan;</DELETED>
                <DELETED>    (B) in which an insect and disease 
                infestation emergency exists, as determined by the 
                Secretary; and</DELETED>
                <DELETED>    (C) that is designated by--</DELETED>
                        <DELETED>    (i) section 4(a); or</DELETED>
                        <DELETED>    (ii) the Secretary under section 
                        4(c).</DELETED>
        <DELETED>    (3) Insect and disease infestation emergency.--The 
        term ``insect and disease infestation emergency'' means an 
        insect or disease infestation that has resulted in--</DELETED>
                <DELETED>    (A) a current or future increased risk of 
                catastrophic wildland fire; or</DELETED>
                <DELETED>    (B) an increased threat posed by hazard 
                trees to--</DELETED>
                        <DELETED>    (i) utility corridors;</DELETED>
                        <DELETED>    (ii) communication 
                        sites;</DELETED>
                        <DELETED>    (iii) roads;</DELETED>
                        <DELETED>    (iv) recreation sites;</DELETED>
                        <DELETED>    (v) water structures (such as 
                        reservoirs and water conveyance systems); 
                        or</DELETED>
                        <DELETED>    (vi) other 
                        infrastructure.</DELETED>
        <DELETED>    (4)  Map.--The term ``map'' means the map entitled 
        ``Insect Emergency Areas''.</DELETED>
        <DELETED>    (5) National forest system.--The term ``National 
        Forest System'' has the meaning given the term in section 11(a) 
        of the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>

<DELETED>SEC. 4. DESIGNATION OF INSECT AND DISEASE EMERGENCY 
              AREAS.</DELETED>

<DELETED>    (a) Designation.--Each area depicted on the map is 
designated as an insect and disease emergency area under this 
Act.</DELETED>
<DELETED>    (b) Map.--</DELETED>
        <DELETED>    (1) Duty of secretary.--As soon as practicable 
        after the date of enactment of this Act, the Secretary shall 
        file the map for insect and disease emergency areas designated 
        by subsection (a) with--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Agriculture, 
                Nutrition, and Forestry of the Senate;</DELETED>
                <DELETED>    (C) the Committee on Natural Resources of 
                the House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Agriculture of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) Force of law.--The map filed under paragraph 
        (1) shall have the same force and effect as if included in this 
        subsection, except that the Secretary may correct typographical 
        errors in the map and the legal descriptions.</DELETED>
        <DELETED>    (3) Public availability.--The map filed under 
        paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest 
        Service.</DELETED>
<DELETED>    (c) Designation by Secretary.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may designate 
        additional insect and disease emergency areas in accordance 
        with each requirement described in this subsection.</DELETED>
        <DELETED>    (2) Initiation.--The designation of an insect and 
        disease emergency area may be made by the Secretary--</DELETED>
                <DELETED>    (A) on the initiative of the Secretary; 
                or</DELETED>
                <DELETED>    (B) in response to a request by any 
                Governor of an affected State.</DELETED>
        <DELETED>    (3) Deadline.--If the Governor of a State 
        described in paragraph (2)(B) requests the Secretary to 
        designate as an insect and disease emergency area an area 
        located in the State, the Secretary shall accept or deny the 
        request by a date that is not later than 90 days after the date 
        on which the Secretary receives the request.</DELETED>
        <DELETED>    (4) Limitation on delegation.--With respect to 
        National Forest System land, the Secretary, acting through the 
        Chief of the Forest Service, may delegate the authority to make 
        a designation under this subsection only to a Regional Forester 
        of the National Forest System land.</DELETED>
        <DELETED>    (5) Procedure.--If the Secretary designates an 
        additional insect and disease emergency area under paragraph 
        (1), the Secretary shall--</DELETED>
                <DELETED>    (A) publish a notice of the designation of 
                the insect and disease emergency area (including a map 
                of the insect and disease emergency area) in the 
                Federal Register; and</DELETED>
                <DELETED>    (B) notify--</DELETED>
                        <DELETED>    (i) each appropriate State; 
                        and</DELETED>
                        <DELETED>    (ii) the appropriate committees of 
                        Congress.</DELETED>
        <DELETED>    (6) Applicability.--A designation made by the 
        Secretary under paragraph (1) shall not be subject to--
        </DELETED>
                <DELETED>    (A) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.);</DELETED>
                <DELETED>    (B) section 322 of the Department of the 
                Interior and Related Agencies Appropriations Act, 1999 
                (Public Law 105-277; 112 Stat. 2681-289); or</DELETED>
                <DELETED>    (C) any other applicable law (including 
                regulations).</DELETED>

<DELETED>SEC. 5. RESPONSE TO EMERGENCY DESIGNATION.</DELETED>

<DELETED>    (a) Priority Treatments.--In carrying out the management 
of an insect and disease emergency area, the Secretary shall give 
priority consideration to--</DELETED>
        <DELETED>    (1) the removal of hazardous fuels and hazard 
        trees on, and the restoration of the health of, National Forest 
        System land located in the insect and disease emergency area; 
        and</DELETED>
        <DELETED>    (2) the provision of assistance to State and local 
        governments, Indian tribes, and private landowners for the 
        removal of hazardous fuels and hazard trees on, and the 
        restoration of the health of, each parcel of land located in 
        the insect and disease emergency area--</DELETED>
                <DELETED>    (A) that is under the jurisdiction of the 
                State or local government or Indian tribe; or</DELETED>
                <DELETED>    (B) the title of which is held by a 
                private landowner; and</DELETED>
        <DELETED>    (3) the making of payments under section 
        9011(d)(1)(B) of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8111(d)(1)(B)) to each individual or entity that 
        collects or harvests renewable biomass from a parcel of 
        National Forest System land located in an insect and disease 
        emergency area.</DELETED>
<DELETED>    (b) Emergency Forest Restoration.--In implementing the 
emergency forest restoration program under section 407 of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2206), the Secretary may 
make payments to an owner of a parcel of nonindustrial private forest 
land that is located in an insect and disease emergency area to carry 
out emergency measures in response to an insect and disease infestation 
emergency under this Act.</DELETED>
<DELETED>    (c) Biomass.--Any biomass removed from a parcel of land 
located in an insect and disease emergency area shall be considered to 
be renewable biomass for purposes of the renewable fuel standard under 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).</DELETED>
<DELETED>    (d) Healthy Forest Restoration.--</DELETED>
        <DELETED>    (1) Authority of secretary.--The Secretary may 
        apply each requirement described in sections 104 and 105 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515) 
        to projects that are carried out to remove hazardous fuels and 
        hazard trees on, and to restore the health of, National Forest 
        System land that is located in an insect and disease emergency 
        area.</DELETED>
        <DELETED>    (2) Judicial review.--Section 106 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply to 
        each project described in paragraph (1).</DELETED>

<DELETED>SEC. 6. GOOD NEIGHBOR AUTHORITY.</DELETED>

<DELETED>    (a) State Forest Services.--</DELETED>
        <DELETED>    (1) Authority of secretary.--Notwithstanding 
        chapter 63 of title 31, United States Code, and any provisions 
        of law related to competition, the Secretary may enter into a 
        contract (including a sole source contract) or agreement 
        (including an agreement for the mutual benefit of the Secretary 
        and the State), as appropriate and consistent with all 
        applicable general and specific operating procedures 
        established by the Forest Service for such contracts and 
        agreements (including labor and wage requirements), with a 
        State to permit the State to perform watershed restoration and 
        protection services on National Forest System land located in 
        the State if the State is carrying out similar and 
        complementary watershed restoration and protection services on 
        adjacent State or private land.</DELETED>
        <DELETED>    (2) Authorized services.--Watershed restoration 
        and protection services described in paragraph (1) include--
        </DELETED>
                <DELETED>    (A) the treatment of insect-infested 
                trees;</DELETED>
                <DELETED>    (B) the reduction of hazardous fuels; 
                and</DELETED>
                <DELETED>    (C) any other activity that is carried out 
                to restore or improve watersheds or fish and wildlife 
                habitat across ownership boundaries.</DELETED>
<DELETED>    (b) Administrative Provisions.--</DELETED>
        <DELETED>    (1) National forest management act of 1976.--
        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 contract or other agreement under 
        subsection (a)(1).</DELETED>
        <DELETED>    (2) Assumption of liability.--The State shall 
        assume liability, to the extent allowed by Federal, State, and 
        local law, for the actions or omissions of employees or 
        subcontractors of the State in preparing or implementing a 
        contract or agreement under this title.</DELETED>
        <DELETED>    (3) Subcontracts.--A State may subcontract, to the 
        extent allowed by State and local law, to prepare or implement 
        a contract or agreement under this title.</DELETED>
        <DELETED>    (4) Dispute resolution.--Any dispute under a 
        contract or agreement under subsection (a)(1) shall be resolved 
        in accordance with, as applicable--</DELETED>
                <DELETED>    (A) the dispute clause of the contract or 
                agreement;</DELETED>
                <DELETED>    (B) the Contract Disputes Act of 1978 (41 
                U.S.C. 601 et seq.); or</DELETED>
                <DELETED>    (C) section 1491 of title 28, United 
                States Code.</DELETED>
<DELETED>    (c) Retention of Responsibilities Under National 
Environmental Policy Act of 1969.--With respect to any watershed 
restoration and protection service on National Forest System land that 
is proposed to be carried out by a State under subsection (a), any 
decision required to be made under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to the State 
or any officer or employee of the State.</DELETED>
<DELETED>    (d) Applicability.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        authority provided by this section applies only to National 
        Forest System land located in affected States.</DELETED>
        <DELETED>    (2) Secretary of the interior.--With respect to 
        public land that is located in an affected State and 
        administered by the Secretary of the Interior (acting through 
        the Bureau of Land Management), the Secretary of the Interior 
        may carry out activities under this section on the public 
        land.</DELETED>

<DELETED>SEC. 7. STEWARDSHIP CONTRACTING.</DELETED>

<DELETED>    (a) Cancellation Costs.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        provision of law, including section 304B of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254c), the Secretary may not obligate funds to cover the cost 
        of canceling a Forest Service multiyear stewardship contract 
        under section 347 of the Department of the Interior and Related 
        Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public 
        Law 105-277) until the date on which the multiyear stewardship 
        contract is cancelled.</DELETED>
        <DELETED>    (2) Costs of cancellation or termination.--The 
        costs of any cancellation or termination of a multiyear 
        stewardship contract described in paragraph (1) may be paid 
        from any appropriations that are made available to the Forest 
        Service.</DELETED>
        <DELETED>    (3) Anti-deficiency act.--In the case in which the 
        appropriations described in paragraph (2) are exhausted--
        </DELETED>
                <DELETED>    (A) the exhaustion shall not be considered 
                to be a violation of section 1341 of title 31, United 
                States Code; and</DELETED>
                <DELETED>    (B) the Secretary shall seek a 
                supplemental appropriation.</DELETED>
<DELETED>    (b) Permanent Authority.--Section 347(a) of the Department 
of the Interior and Related Agencies Appropriations Act, 1999 (16 
U.S.C. 2104 note; Public Law 105-277) is amended by striking ``Until 
September 30, 2013, the'' and inserting ``The''.</DELETED>

<DELETED>SEC. 8. EFFECT.</DELETED>

<DELETED>    Nothing in this Act affects or diminishes the rights of 
any owner of private property.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest Insect and Disease 
Emergency Act of 2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that adequate emphasis is placed on the 
        mitigation of hazards posed by landscape-scale epidemics of 
        bark beetles and other insects and diseases through the 
        identification of areas affected by the epidemics, including 
        areas in which resulting hazard trees pose a high risk to 
        public health and safety;
            (2) to help focus resources within areas characterized by 
        landscape-scale insect or disease epidemics to mitigate hazards 
        associated with--
                    (A) falling trees; and
                    (B) wildfire; and
            (3) to authorize good neighbor agreements between State and 
        Federal agencies to provide more effective and efficient forest 
        management across certain Federal land boundaries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected state.--The term ``affected State'' includes 
        each of the States of--
                    (A) Alaska;
                    (B) Arizona;
                    (C) California;
                    (D) Colorado;
                    (E) Idaho;
                    (F) Montana;
                    (G) Nevada;
                    (H) New Mexico;
                    (I) Oregon;
                    (J) South Dakota;
                    (K) Utah;
                    (L) Washington; and
                    (M) Wyoming.
            (2) High-risk area.--The term ``high-risk area'' means a 
        road, trail, or other area that poses a high risk to public 
        health or safety due to hazard trees resulting from landscape-
        scale tree mortality caused by an insect or disease epidemic.
            (3) Insect or disease epidemic area.--The term ``insect or 
        disease epidemic area'' means an area of National Forest System 
        land in which landscape-scale tree mortality caused by an 
        insect or disease epidemic exists.
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. DESIGNATION OF AREAS.

    (a) Identification of High-risk Areas.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall identify by map or 
        other appropriate means high-risk areas within the National 
        Forest System in the affected States.
            (2) Public education.--In conjunction with the information 
        developed pursuant this subsection, the Secretary shall develop 
        educational materials that describe the risk posed by hazard 
        trees in high-risk areas and measures that can be taken by the 
        public to avoid or reduce that risk.
            (3) Consultation.--In developing the information and 
        educational materials required by this subsection, the 
        Secretary shall consult with interested State, local, and 
        tribal governments, first responders, and other stakeholders.
            (4) Updates.--The Secretary shall periodically review and 
        revise the information and educational materials required by 
        this subsection to reflect the best available information.
            (5) Public availability.--The information and associated 
        educational materials required by this subsection shall be on 
        file and available for public inspection, including in the 
        appropriate offices of the Forest Service.
    (b)  Identification of Insect and Disease Epidemic Areas.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall identify by map or 
        other appropriate means insect or disease epidemic areas within 
        the National Forest System in the affected States.
            (2) Required information.--The information required by 
        paragraph (1) shall include--
                    (A) a geographic estimate of the annual mortality 
                caused by the insect or disease epidemic; and
                    (B) a projection, based on the best available 
                science, of future tree mortality resulting from the 
                insect or disease epidemic.
            (3) Updates.--The Secretary shall periodically review and 
        revise the information required by paragraph (1) to reflect the 
        best available information.
            (4) Availability.--The information required by this 
        subsection shall be made available to--
                    (A) communities in or adjacent to an insect or 
                disease epidemic area that have developed a community 
                wildfire protection plan (as defined in section 101 of 
                the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6511));
                    (B) fire departments and other wildfire-fighting 
                organizations responding to, or likely to respond to, a 
                wildfire in an insect or disease epidemic area; and
                    (C) the public through the appropriate offices of 
                the Forest Service.
    (c) Contracts and Financial Assistance.--To help collect, develop, 
monitor, and distribute the information and materials required by this 
section, the Secretary may enter into contracts or provide financial 
assistance through cooperative agreements in accordance with section 8 
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) 
with--
            (1) the State Forester or equivalent State official of an 
        affected State;
            (2) educational institutions; or
            (3) other organizations.

SEC. 5. SUPPORT FOR RESTORATION AND RESPONSE.

    (a) Support for Biomass Utilization.--To help reduce the risk to 
public health and safety from hazard trees and wildfires and to restore 
ecosystems affected by insect and disease epidemics, the Secretary may 
assist State and local governments, Indian tribes, private landowners, 
and other persons in affected States with the collection, harvest, 
storage, and transportation of eligible material from areas identified 
pursuant to section 4(b) in accordance with section 9011(d) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)).
    (b) Restoration Assistance for Private Landowners.--The Secretary 
may make payments to an owner of nonindustrial private forest land in 
an affected State to carry out emergency measures to restore the land 
after an insect or disease infestation in accordance with the emergency 
forest restoration program established under section 407 of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2206).
    (c) National Forest Hazardous Fuel Reduction.--The Secretary shall 
carry out authorized hazardous fuel reduction projects in affected 
States on National Forest System land on which an epidemic of disease 
or insects poses a significant threat to an ecosystem component, or 
forest or rangeland resource, in accordance with the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6501 et seq.).

SEC. 6. GOOD NEIGHBOR AUTHORITY.

    (a) Definitions.--In this section:
            (1) Authorized restoration services.--The term ``authorized 
        restoration services'' means similar and complementary forest, 
        rangeland, and watershed restoration services carried out on 
        adjacent Federal land and non-Federal land by either the 
        Secretary or a Governor pursuant to--
                    (A) a good neighbor agreement; and
                    (B) a cooperative agreement or contract entered 
                into under subsection (c).
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                the following land in a State located in whole or in 
                part west of the 100th meridian:
                            (i) National Forest System land.
                            (ii) Public lands (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, National Wild and Scenic 
                        Rivers System, National Trails System, or 
                        National Landscape Conservation System;
                            (ii) a National Monument, National 
                        Preserve, National Scenic Area, or National 
                        Recreation Area; or
                            (iii) a wilderness study area.
            (3) Forest, rangeland, and watershed restoration 
        services.--The term ``forest, rangeland, and watershed 
        restoration services'' means--
                    (A) activities to treat insect- and disease-
                infected trees;
                    (B) activities to reduce hazardous fuels;
                    (C) activities to maintain roads and trails that 
                cross a boundary between Federal land and non-Federal 
                land; and
                    (D) any other activities to restore or improve 
                forest, rangeland, or watershed health, including fish 
                and wildlife habitat.
            (4)  Good neighbor agreement.--The term ``good neighbor 
        agreement'' means--
                    (A) a nonfunding master cooperative agreement 
                entered into between the Secretary and a Governor under 
                chapter 63 of title 31, United States Code; or
                    (B) a memorandum of agreement or understanding 
                entered into between the Secretary and a Governor.
            (5) Governor.--The term ``Governor'' means the Governor or 
        any other appropriate executive official of an affected State.
            (6) 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.
    (b) 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 notice and comment.--The Secretary shall make 
        each good neighbor agreement available to the public.
    (c) Task Orders, Contracts, and Cooperative Agreements.--
            (1) In general.--The Secretary may issue a task order for, 
        or enter into a contract (including a sole source contract) or 
        cooperative agreement with, a Governor to carry out authorized 
        restoration services.
            (2) Requirements.--Each task order, contract, or 
        cooperative agreement entered into under paragraph (1) shall be 
        executed in accordance with--
                    (A) chapter 63 of title 31, United States Code; and
                    (B) the applicable good neighbor agreement.
    (d) Contract and Subcontract Requirements.--
            (1) Requirements for services on federal land.--
                    (A) In general.--For authorized restoration 
                services carried out on Federal land under subsection 
                (c), each contract and subcontract issued under the 
                authority of a Governor shall include the provisions 
                described in subparagraph (B) that would have been 
                included in the contract had the Secretary been a party 
                to the contract.
                    (B) Applicable provisions.--The provisions referred 
                to in subparagraph (A) are provisions for--
                            (i) wages and benefits for workers employed 
                        by contractors and subcontractors required by--
                                    (I) subchapter IV of chapter 31 of 
                                part A of subtitle II of title 40, 
                                United States Code; and
                                    (II) chapter 6 of title 41, United 
                                States Code;
                            (ii) nondiscrimination; and
                            (iii) worker safety and protection.
            (2)  Requirements for small businesses.--Each contract and 
        subcontract for authorized restoration services under 
        subsection (c) shall comply with provisions for small business 
        assistance and protection that would have been applicable to 
        the contract had the Secretary been a party to the contract.
            (3) Liability.--The Secretary shall include provisions in 
        each good neighbor agreement, contract, or cooperative 
        agreement, as appropriate, governing the potential liability of 
        the State and the Secretary for actions carried out under this 
        Act.
    (e) Termination of Effectiveness.--
            (1) In general.--The authority of the Secretary to enter 
        into cooperative agreements and contracts under this section 
        terminates on September 30, 2019.
            (2) Contract date.--The termination date of a cooperative 
        agreement or contract entered into under this section shall not 
        extend beyond September 30, 2020.
            (3) Consolidated authority.--
                    (A) Federal and state cooperative watershed 
                restoration and protection in colorado.--Section 331 of 
                the Department of the Interior and Related Agencies 
                Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 
                996) is repealed.
                    (B) Federal and state cooperative forest, 
                rangeland, and watershed restoration in utah.--Section 
                337 of the Department of the Interior and Related 
                Agencies Appropriations Act, 2005 (Public Law 108-447; 
                118 Stat. 3102) is repealed.
            (4) Existing contracts.--Nothing in the amendments made by 
        this section affects contracts in effect on the day before the 
        date of enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.
                                                       Calendar No. 599

111th CONGRESS

  2d Session

                                S. 2798

                          [Report No. 111-313]

_______________________________________________________________________

                                 A BILL

To reduce the risk of catastrophic wildfire through the facilitation of 
insect and disease infestation treatment of National Forest System and 
                 adjacent land, and for other purposes.

_______________________________________________________________________

                           September 27, 2010

                       Reported with an amendment
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