16 U.S.C. § 2113a (CONSERVATION)
§ 2113a. 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—
(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 that is—
(i) National Forest System land; or
(ii) public land (as defined in section 1702 of title 43).
(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 paved or permanent 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 section.
(5) Governor
The term “Governor” means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico.
(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 February 7, 2014).
(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.
(b) Good neighbor agreements
(1) Good neighbor agreements
(A) In general
The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section.
(B) Public availability
The Secretary shall make each good neighbor agreement available to the public.
(2) Timber sales
(A) In general
Subsections (d) and (g) of section 472a of this title shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a).
(B) 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 section.
(3) 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 section on Federal land shall not be delegated to a Governor.
(Pub. L. 113–79, title VIII, § 8206, Feb. 7, 2014, 128 Stat. 921.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
heading: Codification
text: Section was enacted as part of the Agricultural Act of 2014, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter.