[Congressional Record Volume 159, Number 101 (Tuesday, July 16, 2013)]
[Senate]
[Pages S5710-S5712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FLAKE (for himself, Mr. McCain, Mr. Crapo, Mr. Risch, and 
        Mr. Heller):
  S. 1300. A bill to amend the Healthy Forests Restoration Act of 2003 
to provide for the conduct of stewardship end result contracting 
projects; to the Committee on Energy and Natural Resources.
  Mr. FLAKE. Mr. President, on behalf of Senators McCain, Crapo, Risch, 
Heller, and myself I am pleased to introduce the Stewardship 
Contracting Reauthorization and Improvement Act.
  As we continue to search for ways to prevent future wildland fire 
tragedies, it is worth noting that the U.S. Forest Service and the 
Bureau of Land Management, BLM, are about to lose one of their most 
valuable tools in that ongoing fight.
  The tool, known as stewardship contracting, allows the Forest Service 
and BLM--in collaboration with State and local governments, tribal 
agencies, and non-governmental organizations--to enter into contracts 
with public or private entities to carry out a variety of land-
management projects, including those that can reduce the risk of 
wildland fire.
  Stewardship contracts have been particularly useful in Arizona. The 
Forest Service awarded the first such 10-year contract to the White 
Mountain Stewardship Project in 2004, and the largest contract, the 
Four Forest Restoration Initiative, began in 2012. Unless Congress 
acts, the authority to enter into these agreements will expire at the 
end of September. Our legislation would not only extend the authority 
for Federal agencies to enter into these agreements, but it builds on 
past experiences to make commonsense improvements.
  For example, it would give the Forest Service and BLM flexibility 
when establishing cancellation ceilings. A cancellation ceiling 
represents the amount of money the government would have to pay its 
contracting partner if the contract were cancelled. Typically, the 
government has to obligate the full amount at the inception of the 
contract. As noted in a 2008 GAO report, cancellation ceilings that 
require agencies to obligate large sums can serve as an impediment to 
long-term landscape-scale contracts, precisely the types of agreements 
that most significantly reduce wildfire risks.
  Using Defense Department acquisition regulations as a model, our bill 
solves this problem by allowing Federal agencies to obligate funds in 
stages that are economically or programmatically viable. It would also 
require those agencies to notify the House and Senate natural resource 
committees, as well as the Office of Management and Budget, if the 
agencies propose contracts that do not fully cover the cancellation 
ceiling amount. Any extra value from a contract would be dedicated to 
first satisfying outstanding cancellation-related liabilities before 
being used to fund other stewardship projects. Finally, our bill 
incorporates key fire-liability provisions from timber sale contracts 
into the stewardship model, establishing parity between the two 
instruments.
  Stewardship contracting and the resulting partnerships have helped 
restore forests, reduce the risk of out-of-control wildfires, and 
protect rural communities. I thank Senators McCain, Crapo, Risch, and 
Heller for their support and leadership. It is my hope that our 
colleagues will act quickly to extend and improve this important land-
management tool.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1300

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stewardship Contracting 
     Reauthorization and Improvement Act''.

     SEC. 2. 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.--Until September 30, 2023, 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 native plant species.
       ``(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) may include valuing products on a per-acre basis.

       ``(5) Cancellation ceilings.--
       ``(A) In general.--The Chief and the Director may obligate 
     funds to cover any potential cancellation or termination 
     costs for an agreement or contract under subsection (b) in 
     stages that are economically or programmatically viable.
       ``(B) Notice.--
       ``(i) Submission to congress.--Not later than 30 days 
     before entering into a multiyear agreement or contract under 
     subsection (b) that includes a cancellation ceiling in excess 
     of $25,000,000, but does not include proposed funding for the 
     costs of cancelling the agreement or contract up to the 
     cancellation ceiling established in the agreement or 
     contract, the Chief and the Director shall submit to

[[Page S5711]]

     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a written notice that includes--

       ``(I)(aa) the cancellation ceiling amounts proposed for 
     each program year in the agreement or contract; and
       ``(bb) the reasons for the cancellation ceiling amounts 
     proposed under item (aa);
       ``(II) the extent to which the costs of contract 
     cancellation are not included in the budget for the agreement 
     or contract; and
       ``(III) a financial risk assessment of not including 
     budgeting for the costs of agreement or contract 
     cancellation.

       ``(ii) Transmittal to omb.--At least 14 days before the 
     date on which the Chief and Director enter into an agreement 
     or contract under subsection (b), the Chief and Director 
     shall transmit to the Director of the Office of Management 
     and Budget a copy of the written notice submitted under 
     clause (i).
       ``(6) 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).
       ``(7) 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).
       ``(8) Fire liability provisions.--Not later than 90 days 
     after the date of enactment of this section, the Chief and 
     the Director shall issue for use in all contracts and 
     agreements under subsection (b) fire liability provisions 
     that are in substantially the same form as the fire liability 
     provisions contained in--
       ``(A) integrated resource timber contracts, as described in 
     the Forest Service contract numbered 2400-13, part H, section 
     H.4; and
       ``(B) timber sale contracts conducted pursuant to section 
     14 of the National Forest Management Act of 1976 (16 U.S.C. 
     472a).
       ``(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 shall--
       ``(A) use the excess to satisfy any outstanding liabilities 
     for cancelled agreements or contracts; or
       ``(B) if there are no outstanding liabilities under 
     subparagraph (A), 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 Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources 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) Offset.--To the extent necessary, the Chief and the 
     Director shall offset any direct spending authorized under 
     section 602 of the Healthy Forests Restoration Act of 2003 
     (as added by subsection (a)) using any additional amounts 
     that may be made available to the Chief or the Director for 
     the applicable fiscal year.
       (c) Conforming Amendment.--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.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 1301. A bill to provide for the restoration of forest landscapes, 
protection of old growth forests, and management of national forests in 
the eastside forests of the State of Oregon; to the Committee on Energy 
and Natural Resources.
  Mr. WYDEN. Mr. President, today I would like to reintroduce an 
important piece of forest legislation for my home State of Oregon.
  This is legislation that I introduced in the last two Congresses. The 
legislation gained the support of the administration through a number 
of improvements, but unfortunately it failed to get passed. I have 
since made a few more updates and improvements as I continue talking to 
stakeholders who worked with me on this legislation. I am introducing 
the bill today to reinvigorate the discussion and get stakeholders to 
finalize any outstanding issues so we can finally get this bill done 
this Congress. I am sending the message that restoring these forests in 
Oregon is an urgent priority that needs to get done an I am going to 
keep at it until this issue gets addressed
  I am pleased that my colleague from Oregon, Senator Merkley has again 
joined me today in introducing this bill. He also recognizes the urgent 
needs to restore Oregon's forests and help forest dependent communities 
and I am glad he is part of this fight.
  Oregon's historic war over its forests restyled in gridlock that led 
to millions of acres of Oregon's Federal forest landscape containing 
choked, overstocked stands that are at great risk of uncharacteristic 
catastrophic fires, insect infestations and disease. The outcome of the 
decades of conflict is very evident in Eastern Oregon's forests.
  That is why I introduced legislation in the last two Congresses to 
tackle the challenges facing Oregon's Eastside forests and why I 
reintroduce this legislation again today.
  The legislation I first introduced in 2009 reflected an agreement 
reached by leaders on both sides of these difficult issues Intense 
negotiations resulted in that legislation with the goal of bringing 
jobs and a healthier tomorrow to the 8.3 million acres on the 6 Federal 
forests in eastern and central Oregon. That agreement has already 
resulted in progress being made on forestry issues in Eastern Oregon. 
Already there is more collaboration, less gridlock, more timber 
harvests and forests gradually beginning to get restored.
  But we can't stop there. Since the last Congress, discussions and 
negotiations with interested stakeholders have continued. Today's bill 
reflects some of those discussions as well as some of the real progress 
seen on the ground in Eastern Oregon, but it also preserves the core 
elements of the agreement that I crafted with the stakeholders to this 
agreement--a push to increase the timber produced from our national 
forests, landscape scale restoration efforts and protections for 
watersheds and old growth.
  Eastern Oregon today is down to only a small handful of surviving 
timber mills. Yet those mills are urgently needed to process saw logs 
and other merchantable material from forest restoration projects. 
Without them, there will be no restoration of Oregon's Eastside 
forests. But without far greater certainty of merchantable timber 
supply, more mills will close.
  That's why we not only need to introduce legislation today, we need 
to pass it this Congress. Because time is not on our side and at risk 
forests and mills won't wait forever for the perfect consensus.
  Fortunately leaders on both sides of this issue recognize that 
Oregon's forests will pay the price if more mills close. That 
recognition is what brought us to the landmark agreement in the first 
place.

[[Page S5712]]

  I expect continued discussions as the Senate process advances over 
the best way to craft the bill to reflect current reality on the ground 
but I want to build on the progress that has been made to this point.
  I also want to point out that none of our efforts will succeed unless 
Oregon Federal forests are also adequately funded to properly manage 
and restore these valuable Federal assets. I will fight, along with 
Senator Merkley and other stakeholders, for the funding to put our 
people back to work and restore the health of our forests.
  I thank the stakeholders that have continued to spend time and energy 
engaged in discussions with me on the details of this legislation. I 
know there is further work ahead, and I look forward to working with 
them to get the legislation ready for passage.
  I want to also express my gratitude to Governor Kitzhaber, who also 
understands the importance of advancing efforts to treat and restore 
Oregon's forests. He went to bat to putting state funding behind these 
efforts so I want to ensure that the Federal Government is also 
honoring its commitment to manage these Federal treasures and be a good 
neighbor to state and private lands. I appreciate his efforts and look 
forward to continuing to work with him.
  I am pleased to reintroduce this legislation today, and I intend to 
keep working with all the folks in my State who are willing to talk in 
good faith about restoring our Eastside forests. I want to continue to 
get input from stakeholders on any further revisions to the bill and 
get a final product that will pass this Congress.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Kirk, Mrs. Murray, Mr. Udall of New 
        Mexico, Mr. Whitehouse, and Mr. Durbin):
  S. 1306. A bill to amend the Elementary and Secondary Education Act 
of 1965 in order to improve environmental literacy to better prepare 
students for postsecondary education and careers, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I am reintroducing bipartisan 
legislation to provide support for environmental education in our 
Nation's classrooms. I thank Senators Kirk, Murray, Tom Udall, Durbin, 
and Whitehouse for agreeing to be original cosponsors of the No Child 
Left Inside Act of 2013.
  According to the National Association for Environmental Education, 47 
states and the District of Columbia have taken steps towards developing 
plans to integrate environmental literacy into their statewide 
educational initiatives. In Rhode Island, organizations such as the 
Rhode Island Environmental Education Association, Roger Williams Park 
Zoo, Save the Bay, the Nature Conservancy, and the Audubon Society, as 
well as countless schools and teachers, are offering educational and 
outdoor experiences that many children may never otherwise have, 
helping inspire them to learn. In partnership with the Rhode Island 
Department of Education, these organizations have developed a statewide 
environmental literacy plan that is now being put into action.
  Given the major environmental challenges we face today, our bill 
seeks to prioritize teaching our young people about their natural 
world. For more than three decades, environmental education has been a 
growing part of effective instruction in America's schools. Responding 
to the need to improve student achievement and prepare students for the 
21st century economy, many schools throughout the Nation now offer some 
form of environmental education.
  Yet, environmental education is facing a significant challenge, and 
remains out of reach for too many children. With many schools being 
forced to scale back or eliminate environmental programs, fewer and 
fewer students are able to take part in related classroom instruction 
and field investigations, however effective or in demand these programs 
are.
  The No Child Left Inside Act would increase environmental literacy 
among elementary and secondary students by encouraging and providing 
assistance to states for the development and implementation of 
environmental literacy plans and promoting professional development for 
teachers on how to integrate environmental literacy and field 
experiences into their instruction.
  The legislation would also support partnerships with high-need school 
districts to initiate, expand, or improve their environmental education 
curriculum, and for replication and dissemination of effective 
practices. Finally, the legislation would support interagency 
coordination and reporting on environmental education opportunities 
across the Federal Government. This legislation has broad support among 
national and State environmental and educational groups.
  The American public recognizes that the environment is a central 
issue to our future health and well-being. In the private sector, 
business leaders also increasingly believe that an environmentally 
literate workforce is critical to their long-term success. They 
recognize that better, more efficient environmental practices improve 
the bottom line and help position their companies for the future.
  Environmental education helps prepare the next generation with the 
skills and knowledge necessary to be competitive in the global economy. 
Studies have shown that it enhances student achievement in science and 
other core subjects and increases student engagement and critical 
thinking skills. And it promotes healthy lifestyles by encouraging kids 
to get outside.
  That is why I encourage my colleagues to cosponsor the bipartisan No 
Child Left Inside Act and to join with Senator Kirk and me to include 
its provisions into the reauthorization of the Elementary and Secondary 
Education Act.

                          ____________________