II 112th CONGRESS 1st Session S. 375 IN THE SENATE OF THE UNITED STATES February 17, 2011 Mr. Barrasso (for himself, Mr. Johnson of South Dakota, Mr. Enzi, Mr. Thune, Mr. Lee, and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry April 14, 2011 Committee discharged; referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services.

1.

Short title

This Act may be cited as the Good Neighbor Forestry Act.

2.

Definitions

In this Act: (1)

Eligible State

The term eligible State means a State that contains National Forest System land or Bureau of Land Management land located west of the 100th meridian. (2)

Secretary

The term Secretary means— (A)the Secretary of Agriculture, with respect to National Forest System land; or (B)the Secretary of the Interior, with respect to Bureau of Land Management land. (3)

State forester

The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State.

3.

Cooperative agreements and contracts

(a)

In general

The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (b) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State. (b)

Authorized services

The forest, rangeland, and watershed restoration and protection services referred to in subsection (a) include the conduct of— (1)activities to treat insect infected trees; (2)activities to reduce hazardous fuels; and (3)any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (c)

State as agent

Except as provided in subsection (f), a cooperative agreement or contract entered into under subsection (a) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (a). (d)

Subcontracts

In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (a). (e)

Timber sales

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 cooperative agreement or contract entered into under subsection (a). (f)

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 restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (g)

Applicable law

The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable.

4.

Termination of effectiveness

(a)

In general

The authority of the Secretary to enter into cooperative agreements and contracts under this Act terminates on September 30, 2019. (b)

Contract date

The termination date of a cooperative agreement or contract entered into under this Act shall not extend beyond September 30, 2020.