[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5960 Introduced in House (IH)]

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. Lujan) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
 in addition to the Committee on Natural Resources, for a period to be 
subsequently 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 
 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.

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

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 RESTORATION 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)--
                    (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 severely 
                impacting over 41,000,000 acres in western forests; and
                    ``(C) deteriorating forest health in national 
                forests and, when combined with drought, disease, and 
                storm damage, is resulting in extreme fire hazards in 
                national forests across the Western United States and 
                endangering the economic stability of surrounding 
                adjacent communities, ranches, and parks;''; and
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period 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, respectively; and
            (2) by inserting after section 404 (16 U.S.C. 6554) the 
        following:

``SEC. 405. DESIGNATION OF INSECT AND DISEASE TREATMENT AND RESEARCH 
              PILOT PROGRAM AREAS.

    ``(a) Designation of Treatment Areas.--Not later than 60 days after 
the date of enactment of the Depleting Risk from Insect Infestation, 
Soil Erosion, and Catastrophic Fire Act of 2012, the Secretary, in 
consultation 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 national 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 increased tree 
        mortality over the next 15 years due to insect or disease 
        infestation, based on the most recent National Insect and 
        Disease Risk Map published by the Forest Service; or
            ``(3) in an area in which the risk of hazard trees poses an 
        imminent risk to public infrastructure, health, or safety.
    ``(c) Treatment Areas.--
            ``(1) In general.--The Secretary may carry out priority 
        projects on Federal land in the subwatersheds designated under 
        subsection (a) to reduce the risk or extent of, or increase the 
        resilience to, insect or disease infestation in the 
        subwatersheds.
            ``(2) Authority.--Any project under paragraph (1) for which 
        a public notice to initiate 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 authorities described in 
        paragraph (2).
            ``(4) Report.--Not later than September 30, 2017, the 
        Secretary shall issue a report that includes--
                    ``(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 maximizes the retention of old-growth 
and large trees, as appropriate 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''.

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 General'' and 
        inserting ``Fiscal Years 2009 Through 2012'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following:
    ``(b) Fiscal Years 2013 Through 2017.--There is authorized to be 
appropriated to the Secretary of Agriculture 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 appropriations in 
subsection (b) for a fiscal year, the Secretary 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 technical 
assistance, management, and enforcement responsibilities for land 
enrolled in the healthy forests reserve program pursuant to subsections 
(a) and (b) of section 504.''.

             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 management goals of a 
project under subsection (b) may include--
            ``(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 
        reestablishing.
    ``(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 considered a contract for the sale of 
        property under such 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 contract under 
                subsection (b) may exceed 5 years but may not exceed 10 
                years.
            ``(4) Offsets.--
                    ``(A) In general.--The Chief and the Director 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 appropriate 
                        methods of appraisal commensurate with the 
                        quantity of products to be removed; and
                            ``(ii) may--
                                    ``(I) be determined using a unit of 
                                measure appropriate to the contracts; 
                                and
                                    ``(II) include valuing products on 
                                a per-acre basis.
            ``(5) Relation to other laws.--Notwithstanding 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 agreement 
        or contract under subsection (b).
            ``(6) Contracting officer.--Notwithstanding any other 
        provision of law, the Secretary or the Secretary 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 contract under 
        subsection (b)--
                    ``(A) may be retained by the Chief and the 
                Director; and
                    ``(B) shall be available for expenditure without 
                further appropriation at the project site from which 
                the monies are collected or at another project site.
            ``(3) Relation to other laws.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the value of services received by the 
                Chief or the Director under a stewardship contract 
                project conducted under this section, and any payments 
                made or resources 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 contract 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
            ``(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 Acquisition Regulation, in an amount 
        that the contracting officer considers sufficient to protect 
        the investment 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 evaluation process that 
        accesses the stewardship contracting 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 agencies, 
                including tribal governments; and
                    ``(B) any other interested groups or individuals.
    ``(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 
Representatives on--
            ``(1) the status of development, execution, and 
        administration of agreements or contracts under subsection (b);
            ``(2) the specific accomplishments that have resulted; and
            ``(3) the role of local communities in the development of 
        agreements or contract plans.''.
    (b) Repeal of Superseded Program.--Section 347 of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 
2104 note; Public 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 
        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.

                   TITLE II--POST FIRE REHABILITATION

SEC. 201. EMERGENCY WATERSHED PROTECTION PROGRAM.

    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 
retardation and soil-erosion preventive measures needed to remediate 
the effects of catastrophic wildfire on Federal land that is the source 
of drinking water for the landowners and land users.''.
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