I 
112TH CONGRESS 
2D SESSION 
H. R. 5960 
To amend the Healthy Forests Restoration Act of 2003 to improve the 
response to insect infestations and related diseases and to change the 
funding source for the Healthy Forests Reserve Program, to codify 
the stewardship end result contracting and good neighbor authorities, 
and to amend the emergency watershed protection program to improve 
post fire rehabilitation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2012 
Mr. MARKEY (for himself, Mr. GRIJALVA, and Mr. LUJA´N) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in 
addition to the Committee on Natural Resources, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Healthy Forests Restoration Act of 2003 
to improve the response to insect infestations and related 
diseases and to change the funding source for the 
Healthy Forests Reserve Program, to codify the steward-
ship end result contracting and good neighbor authori-
ties, and to amend the emergency watershed protection 
program to improve post fire rehabilitation, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Depleting Risk from Insect Infestation, Soil Erosion, and 
Catastrophic Fire Act of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AMENDMENTS TO HEALTHY FORESTS RESTORATION 
ACT OF 2003 RESPONSE 
Subtitle A—Response to Insect Infestations and Related Diseases 
Sec. 101. Insect infestations and related diseases. 
Sec. 102. Change in funding source for healthy forests reserve program. 
Subtitle B—Stewardship End Result Contracting 
Sec. 121. Stewardship end result contracting projects. 
Subtitle C—Good Neighbor Authority 
Sec. 141. Good neighbor authority. 
TITLE II—POST FIRE REHABILITATION 
Sec. 201. Emergency watershed protection program. 
TITLE 
I—AMENDMENTS 
TO 
HEALTHY FORESTS RESTORA-
TION ACT OF 2003 RESPONSE 
Subtitle A—Response to Insect 
Infestations and Related Diseases 
SEC. 101. INSECT INFESTATIONS AND RELATED DISEASES. 
(a) FINDINGS AND PURPOSES.—Section 401 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6551) is amended— 
(1) in subsection (a)— 
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(A) 
by 
redesignating 
paragraphs 
(3) 
through (12) as paragraphs (4) through (13), 
respectively; and 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) the mountain pine beetle is— 
‘‘(A) threatening and ravaging forests 
throughout the Western region of the United 
States, including Arizona, California, Colorado, 
Idaho, Montana, Nevada, New Mexico, Oregon, 
and South Dakota; 
‘‘(B) reaching epidemic populations and se-
verely impacting over 41,000,000 acres in west-
ern forests; and 
‘‘(C) deteriorating forest health in national 
forests and, when combined with drought, dis-
ease, and storm damage, is resulting in extreme 
fire hazards in national forests across the West-
ern United States and endangering the eco-
nomic stability of surrounding adjacent commu-
nities, ranches, and parks;’’; and 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
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(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) to provide for designation of treatment 
areas pursuant to section 405.’’. 
(b) DESIGNATION OF TREATMENT AREAS.—Title IV 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6551 et seq.) is amended— 
(1) by redesignating sections 405 and 406 (16 
U.S.C. 6555, 6556) as sections 406 and 407, respec-
tively; and 
(2) by inserting after section 404 (16 U.S.C. 
6554) the following: 
‘‘SEC. 405. DESIGNATION OF INSECT AND DISEASE TREAT-
MENT 
AND 
RESEARCH 
PILOT 
PROGRAM 
AREAS. 
‘‘(a) DESIGNATION
OF TREATMENT AREAS.—Not 
later than 60 days after the date of enactment of the De-
pleting Risk from Insect Infestation, Soil Erosion, and 
Catastrophic Fire Act of 2012, the Secretary, in consulta-
tion with the Governor of each State, shall designate as 
part of an insect and disease treatment and research pilot 
program 1 or more subwatersheds (sixth-level hydrologic 
units, according to the System of Hydrologic Unit Codes 
of the United States Geological Survey) in at least 1 na-
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tional forest in each State that is experiencing an insect 
or disease epidemic. 
‘‘(b) REQUIREMENTS.—A subwatershed designated 
under subsection (a) shall be— 
‘‘(1) experiencing substantially increased tree 
mortality due to insect or disease infestation, based 
on annual forest health surveys conducted by the 
Secretary; 
‘‘(2) at risk of experiencing substantially in-
creased tree mortality over the next 15 years due to 
insect or disease infestation, based on the most re-
cent National Insect and Disease Risk Map pub-
lished by the Forest Service; or 
‘‘(3) in an area in which the risk of hazard 
trees poses an imminent risk to public infrastruc-
ture, health, or safety. 
‘‘(c) TREATMENT AREAS.— 
‘‘(1) IN GENERAL.—The Secretary may carry 
out priority projects on Federal land in the sub-
watersheds designated under subsection (a) to re-
duce the risk or extent of, or increase the resilience 
to, insect or disease infestation in the subwater-
sheds. 
‘‘(2) AUTHORITY.—Any project under para-
graph (1) for which a public notice to initiate 
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scoping is issued on or before September 30, 2017, 
may be carried out in accordance with subsections 
(b), (c), (d), and (g) of section 102, and sections, 
104, 105, 106, and 401. 
‘‘(3) EFFECT.—Projects carried out under this 
subsection shall be considered ‘authorized hazardous 
fuel reduction projects’ for purposes of the authori-
ties described in paragraph (2). 
‘‘(4) REPORT.—Not later than September 30, 
2017, the Secretary shall issue a report that in-
cludes— 
‘‘(A) an evaluation of the progress towards 
project goals; and 
‘‘(B) recommendations for modifications to 
the projects and management treatments. 
‘‘(d) TREE RETENTION.—The Secretary shall carry 
out projects under subsection (c) in a manner that maxi-
mizes the retention of old-growth and large trees, as ap-
propriate for the forest type, to the extent that the trees 
promote stands that are resilient to insects and disease.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
407 of the Healthy Forests Restoration Act of 2003 (as 
redesignated by subsection (b)(1)) is amended by striking 
‘‘2008’’ and inserting ‘‘2017’’. 
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SEC. 102. CHANGE IN FUNDING SOURCE FOR HEALTHY 
FORESTS RESERVE PROGRAM. 
Section 508 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6578) is amended— 
(1) in subsection (a), by striking ‘‘IN GEN-
ERAL’’ 
and 
inserting 
‘‘FISCAL
YEARS
2009 
THROUGH 2012’’; 
(2) by redesignating subsection (b) as sub-
section (d); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) FISCAL YEARS 2013 THROUGH 2017.—There is 
authorized to be appropriated to the Secretary of Agri-
culture to carry out this section $9,750,000 for each of 
fiscal years 2013 through 2017. 
‘‘(c) ADDITIONAL SOURCE OF FUNDS.—In addition 
to funds appropriated pursuant to the authorization of ap-
propriations in subsection (b) for a fiscal year, the Sec-
retary may use such amount of the funds appropriated 
for that fiscal year to carry out the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590a et seq.) as the 
Secretary determines necessary to cover the cost of tech-
nical assistance, management, and enforcement respon-
sibilities for land enrolled in the healthy forests reserve 
program pursuant to subsections (a) and (b) of section 
504.’’. 
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Subtitle B—Stewardship End 
Result Contracting 
SEC. 
121. 
STEWARDSHIP 
END 
RESULT 
CONTRACTING 
PROJECTS. 
(a) IN GENERAL.—Title VI of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591) is amended by 
adding at the end the following: 
‘‘SEC. 602. STEWARDSHIP END RESULT CONTRACTING 
PROJECTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHIEF.—The term ‘Chief’ means the Chief 
of the Forest Service. 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Bureau of Land Management. 
‘‘(b) PROJECTS.—The Chief and the Director, via 
agreement or contract as appropriate, may enter into 
stewardship contracting projects with private persons or 
other public or private entities to perform services to 
achieve land management goals for the national forests 
and the public lands that meet local and rural community 
needs. 
‘‘(c) LAND MANAGEMENT GOALS.—The land man-
agement goals of a project under subsection (b) may in-
clude— 
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‘‘(1) road and trail maintenance or obliteration 
to restore or maintain water quality; 
‘‘(2) soil productivity, habitat for wildlife and 
fisheries, or other resource values; 
‘‘(3) setting of prescribed fires to improve the 
composition, structure, condition, and health of 
stands or to improve wildlife habitat; 
‘‘(4) removing vegetation or other activities to 
promote healthy forest stands, reduce fire hazards, 
or achieve other land management objectives; 
‘‘(5) watershed restoration and maintenance; 
‘‘(6) restoration and maintenance of wildlife 
and fish; or 
‘‘(7) control of noxious and exotic weeds and re-
establishing. 
‘‘(d) AGREEMENTS OR CONTRACTS.— 
‘‘(1) PROCUREMENT
PROCEDURE.—A source 
for performance of an agreement or contract under 
subsection (b) shall be selected on a best-value basis, 
including consideration of source under other public 
and private agreements or contracts. 
‘‘(2) CONTRACT FOR SALE OF PROPERTY.—A 
contract entered into under this section may, at the 
discretion of the Secretary of Agriculture, be consid-
ered a contract for the sale of property under such 
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terms as the Secretary may prescribe without regard 
to any other provision of law. 
‘‘(3) TERM.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Chief and the Director 
may enter into a contract under subsection (b) 
in accordance with section 3903 of title 41, 
United States Code. 
‘‘(B) MAXIMUM.—The period of the con-
tract under subsection (b) may exceed 5 years 
but may not exceed 10 years. 
‘‘(4) OFFSETS.— 
‘‘(A) IN GENERAL.—The Chief and the Di-
rector may apply the value of timber or other 
forest products removed as an offset against the 
cost of services received under the agreement or 
contract described in subsection (b). 
‘‘(B) METHODS OF APPRAISAL.—The value 
of timber or other forest products used as an 
offset under subparagraph (A)— 
‘‘(i) shall be determined using appro-
priate methods of appraisal commensurate 
with the quantity of products to be re-
moved; and 
‘‘(ii) may— 
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‘‘(I) be determined using a unit 
of measure appropriate to the con-
tracts; and 
‘‘(II) include valuing products on 
a per-acre basis. 
‘‘(5) RELATION
TO
OTHER
LAWS.—Notwith-
standing subsections (d) and (g) of section 14 of the 
National Forest Management Act of 1976 (16 
U.S.C. 472a), the Chief may enter into an agree-
ment or contract under subsection (b). 
‘‘(6) CONTRACTING OFFICER.—Notwithstanding 
any other provision of law, the Secretary or the Sec-
retary of the Interior may determine the appropriate 
contracting officer to enter into and administer an 
agreement or contract under subsection (b). 
‘‘(e) RECEIPTS.— 
‘‘(1) IN GENERAL.—The Chief and the Director 
may collect monies from an agreement or contract 
under subsection (b) if the collection is a secondary 
objective of negotiating the contract that will best 
achieve the purposes of this section. 
‘‘(2) USE.—Monies from an agreement or con-
tract under subsection (b)— 
‘‘(A) may be retained by the Chief and the 
Director; and 
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‘‘(B) shall be available for expenditure 
without further appropriation at the project site 
from which the monies are collected or at an-
other project site. 
‘‘(3) RELATION TO OTHER LAWS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the value of services re-
ceived by the Chief or the Director under a 
stewardship contract project conducted under 
this section, and any payments made or re-
sources provided by the contractor, Chief, or 
Director shall not be considered monies received 
from the National Forest System or the public 
lands. 
‘‘(B) KNUTSON-VANDERBERG
ACT.—The 
Act of June 9, 1930 (commonly known as the 
‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et 
seq.) shall not apply to any agreement or con-
tract under subsection (b). 
‘‘(f) COSTS OF REMOVAL.—Notwithstanding the fact 
that a contractor did not harvest the timber, the Chief 
may collect deposits from a contractor covering the costs 
of removal of timber or other forest products under— 
‘‘(1) the Act of August 11, 1916 (16 U.S.C. 
490); and 
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‘‘(2) the Act of June 30, 1914 (16 U.S.C. 498). 
‘‘(g) PERFORMANCE AND PAYMENT GUARANTEES.— 
‘‘(1) IN GENERAL.—The Chief and the Director 
may require performance and payment bonds under 
sections 28.103–2 and 28.103–3 of the Federal Ac-
quisition Regulation, in an amount that the con-
tracting officer considers sufficient to protect the in-
vestment in receipts by the Federal Government 
generated by the contractor from the estimated 
value of the forest products to be removed under a 
contract under subsection (b). 
‘‘(2) EXCESS
OFFSET
VALUE.—If the offset 
value of the forest products exceeds the value of the 
resource improvement treatments, the Chief and the 
Director may— 
‘‘(A) collect any residual receipts under the 
Act of June 9, 1930 (commonly known as the 
‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et 
seq.); and 
‘‘(B) apply the excess to other authorized 
stewardship projects. 
‘‘(h) MONITORING AND EVALUATION.— 
‘‘(1) IN GENERAL.—The Chief and the Director 
shall establish a multiparty monitoring and evalua-
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tion process that accesses the stewardship con-
tracting projects conducted under this section. 
‘‘(2) PARTICIPANTS.—Other than the Chief and 
Director, participants in the process described in 
paragraph (1) may include— 
‘‘(A) any cooperating governmental agen-
cies, including tribal governments; and 
‘‘(B) any other interested groups or indi-
viduals. 
‘‘(i) REPORTING.—Not later than 1 year after the 
date of enactment of this section, and annually thereafter, 
the Chief and the Director shall report to the Committee 
on Agriculture, Nutrition, and Forestry of the Senate and 
the Committee on Agriculture of the House of Representa-
tives on— 
‘‘(1) the status of development, execution, and 
administration of agreements or contracts under 
subsection (b); 
‘‘(2) the specific accomplishments that have re-
sulted; and 
‘‘(3) the role of local communities in the devel-
opment of agreements or contract plans.’’. 
(b) REPEAL OF SUPERSEDED PROGRAM.—Section 
347 of the Department of the Interior and Related Agen-
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cies Appropriations Act, 1999 (16 U.S.C. 2104 note; Pub-
lic Law 105–277) is repealed. 
Subtitle C—Good Neighbor 
Authority 
SEC. 141. 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 adja-
cent 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 lo-
cated in whole or in part west of the 100th me-
ridian: 
(i) National Forest System land. 
(ii) Public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)). 
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(B) EXCLUSIONS.—The term ‘‘Federal 
land’’ does not include— 
(i) a component of the National Wil-
derness 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 Na-
tional Recreation Area; or 
(iii) a wilderness study area. 
(3) FOREST, RANGELAND, AND
WATERSHED 
RESTORATION SERVICES.—The term ‘‘forest, range-
land, 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 im-
prove forest, rangeland, or watershed health, in-
cluding fish and wildlife habitat. 
(4) GOOD NEIGHBOR AGREEMENT.—The term 
‘‘good neighbor agreement’’ means— 
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(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 un-
derstanding entered into between the Secretary 
and a Governor. 
(5) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor or any other appropriate executive offi-
cial of an affected State. 
(6) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
(B) the Secretary of the Interior, with re-
spect 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 Sec-
retary shall make each good neighbor agreement 
available to the public. 
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(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 serv-
ices. 
(2) REQUIREMENTS.—Each task order, con-
tract, 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 agree-
ment. 
(d) 
CONTRACT
AND
SUBCONTRACT
REQUIRE-
MENTS.— 
(1) REQUIREMENTS
FOR
SERVICES
ON
FED-
ERAL LAND.— 
(A) IN GENERAL.—For authorized restora-
tion 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 subpara-
graph (B) that would have been included in the 
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contract had the Secretary been a party to the 
contract. 
(B) APPLICABLE PROVISIONS.—The provi-
sions referred to in subparagraph (A) are provi-
sions for— 
(i) wages and benefits for workers em-
ployed 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 res-
toration 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 con-
tract. 
(3) LIABILITY.—The Secretary shall include 
provisions in each good neighbor agreement, con-
tract, or cooperative agreement, as appropriate, gov-
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erning 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 Sec-
retary to enter into cooperative agreements and con-
tracts 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 Sep-
tember 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 Appropria-
tions Act, 2001 (Public Law 106–291; 114 
Stat. 996) is repealed. 
(B) FEDERAL
AND
STATE
COOPERATIVE 
FOREST, RANGELAND, AND
WATERSHED
RES-
TORATION IN UTAH.—Section 337 of the De-
partment of the Interior and Related Agencies 
Appropriations Act, 2005 (Public Law 108– 
447; 118 Stat. 3102) is repealed. 
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(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. 
TITLE II—POST FIRE 
REHABILITATION 
SEC. 201. EMERGENCY WATERSHED PROTECTION PRO-
GRAM. 
Section 403 of the Agricultural Credit Act of 1978 
(16 U.S.C. 2203) is amended by adding at the end the 
following new sentence: ‘‘In evaluating landowner and land 
user applications for assistance under this section, the 
Secretary shall give priority consideration to applications 
submitted by landowners and land users for runoff retar-
dation and soil-erosion preventive measures needed to re-
mediate the effects of catastrophic wildfire on Federal 
land that is the source of drinking water for the land-
owners and land users.’’. 
Æ 
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