II 

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. 

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 ‘‘National Forest Insect 

3 and Disease Emergency Act of 2009’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to ensure that adequate emphasis is placed 

7 on the mitigation of hazards posed by large-scale in8 festations of bark beetles and other insects through 

9 the establishment of insect and disease emergency 

10 areas; 

11 (2) to ensure that increased resources are avail12 able within each designated insect and disease emer13 gency area to mitigate hazards associated with— 

14 (A) falling trees; 

15 (B) increased fire hazards; and 

16 (C) the restoration of National Forest Sys17 tem land; and 

18 (3) to make permanent, as of the date of enact19 ment of this Act, existing good neighbor and stew20 ardship contracting authorities. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) AFFECTED STATE.—The term ‘‘affected 

24 State’’ includes each of the States of— 

25 (A) Arizona; 

26 (B) California; 


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1 (C) Colorado; 

2 (D) Idaho; 

3 (E) Montana; 

4 (F) Nevada; 

5 (G) New Mexico; 

6 (H) Oregon; 

7 (I) South Dakota; 

8 (J) Utah; 

9 (K) Washington; and 

10 (L) Wyoming. 

11 (2) INSECT AND DISEASE EMERGENCY AREA.— 

12 The term ‘‘insect and disease emergency area’’ 

13 means an area of National Forest System land— 

14 (A) that is located in an affected State 

15 that is not— 

16 (i) designated as wilderness; or 

17 (ii) an area recommended for wilder18 ness in a forest land and resource manage19 ment plan; 

20 (B) in which an insect and disease infesta21 tion emergency exists, as determined by the 

22 Secretary; and 

23 (C) that is designated by— 

24 (i) section 4(a); or 

25 (ii) the Secretary under section 4(c). 


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1 (3) INSECT AND DISEASE INFESTATION EMER2 GENCY.—The term ‘‘insect and disease infestation 

3 emergency’’ means an insect or disease infestation 

4 that has resulted in— 

5 (A) a current or future increased risk of 

6 catastrophic wildland fire; or 

7 (B) an increased threat posed by hazard 

8 trees to— 

9 (i) utility corridors; 

10 (ii) communication sites; 

11 (iii) roads; 

12 (iv) recreation sites; 

13 (v) water structures (such as res14 ervoirs and water conveyance systems); or 

15 (vi) other infrastructure. 

16 (4) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Insect Emergency Areas’’. 

18 (5) NATIONAL FOREST SYSTEM.—The term 

19 ‘‘National Forest System’’ has the meaning given 

20 the term in section 11(a) of the Forest and Range21 land Renewable Resources Planning Act of 1974 (16 

22 U.S.C. 1609(a)). 

23 (6) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 


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1 SEC. 4. DESIGNATION OF INSECT AND DISEASE EMER2 GENCY AREAS. 

3 (a) DESIGNATION.—Each area depicted on the map 

4 is designated as an insect and disease emergency area 

5 under this Act. 

6 (b) MAP.— 

7 (1) DUTY OF SECRETARY.—As soon as prac8 ticable after the date of enactment of this Act, the 

9 Secretary shall file the map for insect and disease 

10 emergency areas designated by subsection (a) with— 

11 (A) the Committee on Energy and Natural 

12 Resources of the Senate; 

13 (B) the Committee on Agriculture, Nutri14 tion, and Forestry of the Senate; 

15 (C) the Committee on Natural Resources 

16 of the House of Representatives; and 

17 (D) the Committee on Agriculture of the 

18 House of Representatives. 

19 (2) FORCE OF LAW.—The map filed under 

20 paragraph (1) shall have the same force and effect 

21 as if included in this subsection, except that the Sec22 retary may correct typographical errors in the map 

23 and the legal descriptions. 

24 (3) PUBLIC AVAILABILITY.—The map filed 

25 under paragraph (1) shall be on file and available 


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1 for public inspection in the appropriate offices of the 

2 Forest Service. 

3 (c) DESIGNATION BY SECRETARY.— 

4 (1) IN GENERAL.—The Secretary may des5 ignate additional insect and disease emergency areas 

6 in accordance with each requirement described in 

7 this subsection. 

8 (2) INITIATION.—The designation of an insect 

9 and disease emergency area may be made by the 

10 Secretary— 

11 (A) on the initiative of the Secretary; or 

12 (B) in response to a request by any Gov13 ernor of an affected State. 

14 (3) DEADLINE.—If the Governor of a State de15 scribed in paragraph (2)(B) requests the Secretary 

16 to designate as an insect and disease emergency area 

17 an area located in the State, the Secretary shall ac18 cept or deny the request by a date that is not later 

19 than 90 days after the date on which the Secretary 

20 receives the request. 

21 (4) LIMITATION ON DELEGATION.—With re22 spect to National Forest System land, the Secretary, 

23 acting through the Chief of the Forest Service, may 

24 delegate the authority to make a designation under 


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1 this subsection only to a Regional Forester of the 

2 National Forest System land. 

3 (5) PROCEDURE.—If the Secretary designates 

4 an additional insect and disease emergency area 

5 under paragraph (1), the Secretary shall— 

6 (A) publish a notice of the designation of 

7 the insect and disease emergency area (includ8 ing a map of the insect and disease emergency 

9 area) in the Federal Register; and 

10 (B) notify— 

11 (i) each appropriate State; and 

12 (ii) the appropriate committees of 

13 Congress. 

14 (6) APPLICABILITY.—A designation made by 

15 the Secretary under paragraph (1) shall not be sub16 ject to— 

17 (A) the National Environmental Policy Act 

18 of 1969 (42 U.S.C. 4321 et seq.); 

19 (B) section 322 of the Department of the 

20 Interior and Related Agencies Appropriations 

21 Act, 1999 (Public Law 105–277; 112 Stat. 

22 2681–289); or 

23 (C) any other applicable law (including 

24 regulations). 


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1 SEC. 5. RESPONSE TO EMERGENCY DESIGNATION. 

2 (a) PRIORITY TREATMENTS.—In carrying out the 

3 management of an insect and disease emergency area, the 

4 Secretary shall give priority consideration to— 

5 (1) the removal of hazardous fuels and hazard 

6 trees on, and the restoration of the health of, Na7 tional Forest System land located in the insect and 

8 disease emergency area; and 

9 (2) the provision of assistance to State and 

10 local governments, Indian tribes, and private land11 owners for the removal of hazardous fuels and haz12 ard trees on, and the restoration of the health of, 

13 each parcel of land located in the insect and disease 

14 emergency area— 

15 (A) that is under the jurisdiction of the 

16 State or local government or Indian tribe; or 

17 (B) the title of which is held by a private 

18 landowner; and 

19 (3) the making of payments under section 

20 9011(d)(1)(B) of the Farm Security and Rural In21 vestment Act of 2002 (7 U.S.C. 8111(d)(1)(B)) to 

22 each individual or entity that collects or harvests re23 newable biomass from a parcel of National Forest 

24 System land located in an insect and disease emer25 gency area. 


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1 (b) EMERGENCY FOREST RESTORATION.—In imple2 menting the emergency forest restoration program under 

3 section 407 of the Agricultural Credit Act of 1978 (16 

4 U.S.C. 2206), the Secretary may make payments to an 

5 owner of a parcel of nonindustrial private forest land that 

6 is located in an insect and disease emergency area to carry 

7 out emergency measures in response to an insect and dis8 ease infestation emergency under this Act. 

9 (c) BIOMASS.—Any biomass removed from a parcel 

10 of land located in an insect and disease emergency area 

11 shall be considered to be renewable biomass for purposes 

12 of the renewable fuel standard under section 211(o) of the 

13 Clean Air Act (42 U.S.C. 7545(o)). 

14 (d) HEALTHY FOREST RESTORATION.— 

15 (1) AUTHORITY OF SECRETARY.—The Sec16 retary may apply each requirement described in sec17 tions 104 and 105 of the Healthy Forests Restora18 tion Act of 2003 (16 U.S.C. 6514, 6515) to projects 

19 that are carried out to remove hazardous fuels and 

20 hazard trees on, and to restore the health of, Na21 tional Forest System land that is located in an in22 sect and disease emergency area. 

23 (2) JUDICIAL REVIEW.—Section 106 of the 

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


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1 6516) shall apply to each project described in para2 graph (1). 

3 SEC. 6. GOOD NEIGHBOR AUTHORITY. 

4 (a) STATE FOREST SERVICES.— 

5 (1) AUTHORITY OF SECRETARY.—Notwith6 standing chapter 63 of title 31, United States Code, 

7 and any provisions of law related to competition, the 

8 Secretary may enter into a contract (including a sole 

9 source contract) or agreement (including an agree10 ment for the mutual benefit of the Secretary and the 

11 State), as appropriate and consistent with all appli12 cable general and specific operating procedures es13 tablished by the Forest Service for such contracts 

14 and agreements (including labor and wage require15 ments), with a State to permit the State to perform 

16 watershed restoration and protection services on Na17 tional Forest System land located in the State if the 

18 State is carrying out similar and complementary wa19 tershed restoration and protection services on adja20 cent State or private land. 

21 (2) AUTHORIZED SERVICES.—Watershed res22 toration and protection services described in para23 graph (1) include— 

24 (A) the treatment of insect-infested trees; 

25 (B) the reduction of hazardous fuels; and 


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1 (C) any other activity that is carried out to 

2 restore or improve watersheds or fish and wild3 life habitat across ownership boundaries. 

4 (b) ADMINISTRATIVE PROVISIONS.— 

5 (1) NATIONAL FOREST MANAGEMENT ACT OF

6 1976.—Subsections (d) and (g) of section 14 of the 

7 National Forest Management Act of 1976 (16 

8 U.S.C. 472a) shall not apply to services performed 

9 under a contract or other agreement under sub10 section (a)(1). 

11 (2) ASSUMPTION OF LIABILITY.—The State 

12 shall assume liability, to the extent allowed by Fed13 eral, State, and local law, for the actions or omis14 sions of employees or subcontractors of the State in 

15 preparing or implementing a contract or agreement 

16 under this title. 

17 (3) SUBCONTRACTS.—A State may subcontract, 

18 to the extent allowed by State and local law, to pre19 pare or implement a contract or agreement under 

20 this title. 

21 (4) DISPUTE RESOLUTION.—Any dispute under 

22 a contract or agreement under subsection (a)(1) 

23 shall be resolved in accordance with, as applicable— 

24 (A) the dispute clause of the contract or 

25 agreement; 


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1 (B) the Contract Disputes Act of 1978 (41 

2 U.S.C. 601 et seq.); or 

3 (C) section 1491 of title 28, United States 

4 Code. 

5 (c) RETENTION OF RESPONSIBILITIES UNDER NA6 TIONAL ENVIRONMENTAL POLICY ACT OF 1969.—With 

7 respect to any watershed restoration and protection serv8 ice on National Forest System land that is proposed to 

9 be carried out by a State under subsection (a), any deci10 sion required to be made under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may 

12 not be delegated to the State or any officer or employee 

13 of the State. 

14 (d) APPLICABILITY.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 the authority provided by this section applies only to 

17 National Forest System land located in affected 

18 States. 

19 (2) SECRETARY OF THE INTERIOR.—With re20 spect to public land that is located in an affected 

21 State and administered by the Secretary of the Inte22 rior (acting through the Bureau of Land Manage23 ment), the Secretary of the Interior may carry out 

24 activities under this section on the public land. 


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1 SEC. 7. STEWARDSHIP CONTRACTING. 

2 (a) CANCELLATION COSTS.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law, including section 304B of the Fed5 eral Property and Administrative Services Act of 

6 1949 (41 U.S.C. 254c), the Secretary may not obli7 gate funds to cover the cost of canceling a Forest 

8 Service multiyear stewardship contract under section 

9 347 of the Department of the Interior and Related 

10 Agencies Appropriations Act, 1999 (16 U.S.C. 2104 

11 note; Public Law 105–277) until the date on which 

12 the multiyear stewardship contract is cancelled. 

13 (2) COSTS OF CANCELLATION OR TERMI14 NATION.—The costs of any cancellation or termi15 nation of a multiyear stewardship contract described 

16 in paragraph (1) may be paid from any appropria17 tions that are made available to the Forest Service. 

18 (3) ANTI-DEFICIENCY ACT.—In the case in 

19 which the appropriations described in paragraph (2) 

20 are exhausted— 

21 (A) the exhaustion shall not be considered 

22 to be a violation of section 1341 of title 31, 

23 United States Code; and 

24 (B) the Secretary shall seek a supple25 mental appropriation. 


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1 (b) PERMANENT AUTHORITY.—Section 347(a) of the 

2 Department of the Interior and Related Agencies Appro3 priations Act, 1999 (16 U.S.C. 2104 note; Public Law 

4 105–277) is amended by striking ‘‘Until September 30, 

5 2013, the’’ and inserting ‘‘The’’. 

6 SEC. 8. EFFECT. 

7 Nothing in this Act affects or diminishes the rights 

8 of any owner of private property. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘National Forest Insect 

11 and Disease Emergency Act of 2010’’. 

12 SEC. 2. PURPOSES. 

13 The purposes of this Act are— 

14 (1) to ensure that adequate emphasis is placed 

15 on the mitigation of hazards posed by landscape-scale 

16 epidemics of bark beetles and other insects and dis17 eases through the identification of areas affected by 

18 the epidemics, including areas in which resulting haz19 ard trees pose a high risk to public health and safety; 

20 (2) to help focus resources within areas charac21 terized by landscape-scale insect or disease epidemics 

22 to mitigate hazards associated with— 

23 (A) falling trees; and 

24 (B) wildfire; and 


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1 (3) to authorize good neighbor agreements be2 tween State and Federal agencies to provide more ef3 fective and efficient forest management across certain 

4 Federal land boundaries. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AFFECTED STATE.—The term ‘‘affected 

8 State’’ includes each of the States of— 

9 (A) Alaska; 

10 (B) Arizona; 

11 (C) California; 

12 (D) Colorado; 

13 (E) Idaho; 

14 (F) Montana; 

15 (G) Nevada; 

16 (H) New Mexico; 

17 (I) Oregon; 

18 (J) South Dakota; 

19 (K) Utah; 

20 (L) Washington; and 

21 (M) Wyoming. 

22 (2) HIGH-RISK AREA.—The term ‘‘high-risk 

23 area’’ means a road, trail, or other area that poses a 

24 high risk to public health or safety due to hazard trees 


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1 resulting from landscape-scale tree mortality caused 

2 by an insect or disease epidemic. 

3 (3) INSECT OR DISEASE EPIDEMIC AREA.—The 

4 term ‘‘insect or disease epidemic area’’ means an area 

5 of National Forest System land in which landscape6 scale tree mortality caused by an insect or disease 

7 epidemic exists. 

8 (4) NATIONAL FOREST SYSTEM.—The term ‘‘Na9 tional Forest System’’ has the meaning given the term 

10 in section 11(a) of the Forest and Rangeland Renew11 able Resources Planning Act of 1974 (16 U.S.C. 

12 1609(a)). 

13 (5) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 SEC. 4. DESIGNATION OF AREAS. 

16 (a) IDENTIFICATION OF HIGH-RISK AREAS.— 

17 (1) IN GENERAL.—As soon as practicable after 

18 the date of enactment of this Act, the Secretary shall 

19 identify by map or other appropriate means high-risk 

20 areas within the National Forest System in the af21 fected States. 

22 (2) PUBLIC EDUCATION.—In conjunction with 

23 the information developed pursuant this subsection, 

24 the Secretary shall develop educational materials that 

25 describe the risk posed by hazard trees in high-risk 


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1 areas and measures that can be taken by the public 

2 to avoid or reduce that risk. 

3 (3) CONSULTATION.—In developing the informa4 tion and educational materials required by this sub5 section, the Secretary shall consult with interested 

6 State, local, and tribal governments, first responders, 

7 and other stakeholders. 

8 (4) UPDATES.—The Secretary shall periodically 

9 review and revise the information and educational 

10 materials required by this subsection to reflect the best 

11 available information. 

12 (5) PUBLIC AVAILABILITY.—The information and 

13 associated educational materials required by this sub14 section shall be on file and available for public in15 spection, including in the appropriate offices of the 

16 Forest Service. 

17 (b) IDENTIFICATION OF INSECT AND DISEASE EPI18 DEMIC AREAS.— 

19 (1) IN GENERAL.—As soon as practicable after 

20 the date of enactment of this Act, the Secretary shall 

21 identify by map or other appropriate means insect or 

22 disease epidemic areas within the National Forest 

23 System in the affected States. 

24 (2) REQUIRED INFORMATION.—The information 

25 required by paragraph (1) shall include— 


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1 (A) a geographic estimate of the annual 

2 mortality caused by the insect or disease epi3 demic; and 

4 (B) a projection, based on the best available 

5 science, of future tree mortality resulting from 

6 the insect or disease epidemic. 

7 (3) UPDATES.—The Secretary shall periodically 

8 review and revise the information required by para9 graph (1) to reflect the best available information. 

10 (4) AVAILABILITY.—The information required by 

11 this subsection shall be made available to— 

12 (A) communities in or adjacent to an insect 

13 or disease epidemic area that have developed a 

14 community wildfire protection plan (as defined 

15 in section 101 of the Healthy Forests Restoration 

16 Act of 2003 (16 U.S.C. 6511)); 

17 (B) fire departments and other wildfire18 fighting organizations responding to, or likely to 

19 respond to, a wildfire in an insect or disease epi20 demic area; and 

21 (C) the public through the appropriate of22 fices of the Forest Service. 

23 (c) CONTRACTS AND FINANCIAL ASSISTANCE.—To help 

24 collect, develop, monitor, and distribute the information 

25 and materials required by this section, the Secretary may 


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1 enter into contracts or provide financial assistance through 

2 cooperative agreements in accordance with section 8 of the 

3 Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 

4 2104) with— 

5 (1) the State Forester or equivalent State official 

6 of an affected State; 

7 (2) educational institutions; or 

8 (3) other organizations. 

9 SEC. 5. SUPPORT FOR RESTORATION AND RESPONSE. 

10 (a) SUPPORT FOR BIOMASS UTILIZATION.—To help 

11 reduce the risk to public health and safety from hazard trees 

12 and wildfires and to restore ecosystems affected by insect 

13 and disease epidemics, the Secretary may assist State and 

14 local governments, Indian tribes, private landowners, and 

15 other persons in affected States with the collection, harvest, 

16 storage, and transportation of eligible material from areas 

17 identified pursuant to section 4(b) in accordance with sec18 tion 9011(d) of the Farm Security and Rural Investment 

19 Act of 2002 (7 U.S.C. 8111(d)). 

20 (b) RESTORATION ASSISTANCE FOR PRIVATE LAND21 OWNERS.—The Secretary may make payments to an owner 

22 of nonindustrial private forest land in an affected State to 

23 carry out emergency measures to restore the land after an 

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1 gency forest restoration program established under section 

2 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206). 

3 (c) NATIONAL FOREST HAZARDOUS FUEL REDUC4 TION.—The Secretary shall carry out authorized hazardous 

5 fuel reduction projects in affected States on National Forest 

6 System land on which an epidemic of disease or insects 

7 poses a significant threat to an ecosystem component, or 

8 forest or rangeland resource, in accordance with the 

9 Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 

10 et seq.). 

11 SEC. 6. GOOD NEIGHBOR AUTHORITY. 

12 (a) DEFINITIONS.—In this section: 

13 (1) AUTHORIZED RESTORATION SERVICES.—The 

14 term ‘‘authorized restoration services’’ means similar 

15 and complementary forest, rangeland, and watershed 

16 restoration services carried out on adjacent Federal 

17 land and non-Federal land by either the Secretary or 

18 a Governor pursuant to— 

19 (A) a good neighbor agreement; and 

20 (B) a cooperative agreement or contract en21 tered into under subsection (c). 

22 (2) FEDERAL LAND.— 

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

24 means the following land in a State located in 

25 whole or in part west of the 100th meridian: 


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1 (i) National Forest System land. 

2 (ii) Public lands (as defined in section 

3 103 of the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1702)). 

5 (B) EXCLUSIONS.—The term ‘‘Federal 

6 land’’ does not include— 

7 (i) a component of the National Wil8 derness Preservation System, National Wild 

9 and Scenic Rivers System, National Trails 

10 System, or National Landscape Conserva11 tion System; 

12 (ii) a National Monument, National 

13 Preserve, National Scenic Area, or National 

14 Recreation Area; or 

15 (iii) a wilderness study area. 

16 (3) FOREST, RANGELAND, AND WATERSHED RES17 TORATION SERVICES.—The term ‘‘forest, rangeland, 

18 and watershed restoration services’’ means— 

19 (A) activities to treat insect- and disease-in20 fected trees; 

21 (B) activities to reduce hazardous fuels; 

22 (C) activities to maintain roads and trails 

23 that cross a boundary between Federal land and 

24 non-Federal land; and 


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1 (D) any other activities to restore or im2 prove forest, rangeland, or watershed health, in3 cluding fish and wildlife habitat. 

4 (4) GOOD NEIGHBOR AGREEMENT.—The term 

5 ‘‘good neighbor agreement’’ means— 

6 (A) a nonfunding master cooperative agree7 ment entered into between the Secretary and a 

8 Governor under chapter 63 of title 31, United 

9 States Code; or 

10 (B) a memorandum of agreement or under11 standing entered into between the Secretary and 

12 a Governor. 

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

14 the Governor or any other appropriate executive offi15 cial of an affected State. 

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

17 means— 

18 (A) the Secretary of Agriculture, with re19 spect to National Forest System land; and 

20 (B) the Secretary of the Interior, with re21 spect to Bureau of Land Management land. 

22 (b) GOOD NEIGHBOR AGREEMENTS.— 

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

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1 ized restoration services in accordance with this sec2 tion. 

3 (2) PUBLIC NOTICE AND COMMENT.—The Sec4 retary shall make each good neighbor agreement 

5 available to the public. 

6 (c) TASK ORDERS, CONTRACTS, AND COOPERATIVE

7 AGREEMENTS.— 

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

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

10 sole source contract) or cooperative agreement with, a 

11 Governor to carry out authorized restoration services. 

12 (2) REQUIREMENTS.—Each task order, contract, 

13 or cooperative agreement entered into under para14 graph (1) shall be executed in accordance with— 

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

16 Code; and 

17 (B) the applicable good neighbor agreement. 

18 (d) CONTRACT AND SUBCONTRACT REQUIREMENTS.— 

19 (1) REQUIREMENTS FOR SERVICES ON FEDERAL

20 LAND.— 

21 (A) IN GENERAL.—For authorized restora22 tion services carried out on Federal land under 

23 subsection (c), each contract and subcontract 

24 issued under the authority of a Governor shall 

25 include the provisions described in subparagraph 


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1 (B) that would have been included in the con2 tract had the Secretary been a party to the con3 tract. 

4 (B) APPLICABLE PROVISIONS.—The provi5 sions referred to in subparagraph (A) are provi6 sions for— 

7 (i) wages and benefits for workers em8 ployed by contractors and subcontractors re9 quired by— 

10 (I) subchapter IV of chapter 31 of 

11 part A of subtitle II of title 40, United 

12 States Code; and 

13 (II) chapter 6 of title 41, United 

14 States Code; 

15 (ii) nondiscrimination; and 

16 (iii) worker safety and protection. 

17 (2) REQUIREMENTS FOR SMALL BUSINESSES.— 

18 Each contract and subcontract for authorized restora19 tion services under subsection (c) shall comply with 

20 provisions for small business assistance and protec21 tion that would have been applicable to the contract 

22 had the Secretary been a party to the contract. 

23 (3) LIABILITY.—The Secretary shall include pro24 visions in each good neighbor agreement, contract, or 

25 cooperative agreement, as appropriate, governing the 


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1 potential liability of the State and the Secretary for 

2 actions carried out under this Act. 

3 (e) TERMINATION OF EFFECTIVENESS.— 

4 (1) IN GENERAL.—The authority of the Secretary 

5 to enter into cooperative agreements and contracts 

6 under this section terminates on September 30, 2019. 

7 (2) CONTRACT DATE.—The termination date of a 

8 cooperative agreement or contract entered into under 

9 this section shall not extend beyond September 30, 

10 2020. 

11 (3) CONSOLIDATED AUTHORITY.— 

12 (A) FEDERAL AND STATE COOPERATIVE WA13 TERSHED RESTORATION AND PROTECTION IN

14 COLORADO.—Section 331 of the Department of 

15 the Interior and Related Agencies Appropria16 tions Act, 2001 (Public Law 106–291; 114 Stat. 

17 996) is repealed. 

18 (B) FEDERAL AND STATE COOPERATIVE

19 FOREST, RANGELAND, AND WATERSHED RES20 TORATION IN UTAH.—Section 337 of the Depart21 ment of the Interior and Related Agencies Ap22 propriations Act, 2005 (Public Law 108–447; 

23 118 Stat. 3102) is repealed. 

24 (4) EXISTING CONTRACTS.—Nothing in the 

25 amendments made by this section affects contracts in 


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26 

•S 2798 RS

1 effect on the day before the date of enactment of this 

2 Act. 

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to carry out 

5 this Act such sums as are necessary. 


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tjames on DSKG8SOYB1PROD with BILLS
Calendar No. 599 

111TH CONGRESS 

2D SESSION S. 2798 

[Report No. 111–313] 

A BILL 

To reduce the risk of catastrophic wildfire through 

cent land, and for other purposes. treatment of National Forest System and adjathe facilitation of insect and disease infestation 

SEPTEMBER 27, 2010 

Reported with an amendment 


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