[House Report 118-168]
[From the U.S. Government Publishing Office]


118th Congress  }                                         {  Rept. 118-168
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                         {  Part 2

======================================================================



 
           TREATING TRIBES AND COUNTIES AS GOOD NEIGHBORS ACT

                                _______
                                

 September 8, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1450]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1450) to amend the Agricultural Act of 2014 to 
modify the treatment of revenue from timber sale contracts and 
certain payments made by counties to the Secretary of 
Agriculture and the Secretary of the Interior under good 
neighbor agreements, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Treating Tribes and Counties as Good 
Neighbors Act''.

SEC. 2. MODIFICATION OF THE TREATMENT OF CERTAIN REVENUE AND PAYMENTS 
                    UNDER GOOD NEIGHBOR AGREEMENTS.

  (a) Good Neighbor Authority.--Section 8206 of the Agricultural Act of 
2014 (16 U.S.C. 2113a) is amended--
          (1) in subsection (a)(6), by striking ``or Indian tribe''; 
        and
          (2) in subsection (b)--
                  (A) in paragraph (1)(A), by inserting ``, Indian 
                tribe,'' after ``Governor'';
                  (B) in paragraph (2)(C)--
                          (i) by striking clause (i) and inserting the 
                        following:
                          ``(i) In general.--Funds received from the 
                        sale of timber by a Governor, an Indian tribe, 
                        or a county under a good neighbor agreement 
                        shall be retained and used by the Governor, 
                        Indian tribe, or county, as applicable--
                                  ``(I) to carry out authorized 
                                restoration services under the good 
                                neighbor agreement; and
                                  ``(II) if there are funds remaining 
                                after carrying out subclause (I), to 
                                carry out authorized restoration 
                                services under other good neighbor 
                                agreements.''; and
                          (ii) in clause (ii), by striking ``2023'' and 
                        inserting ``2028'';
                  (C) in paragraph (3), by inserting ``, Indian 
                tribe,'' after ``Governor''; and
                  (D) by striking paragraph (4).
  (b) Conforming Amendments.--Section 8206(a) of the Agricultural Act 
of 2014 (16 U.S.C. 2113a(a)) is amended--
          (1) in paragraph (1)(B), by inserting ``, Indian tribe,'' 
        after ``Governor''; and
          (2) in paragraph (5), by inserting ``, Indian tribe,'' after 
        ``Governor''.
  (c) Effective Date.--The amendments made by this Act apply to any 
project initiated pursuant to a good neighbor agreement (as defined in 
section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)))--
          (1) before the date of enactment of this Act, if the project 
        was initiated after the date of enactment of the Agriculture 
        Improvement Act of 2018 (Public Law 115-334; 132 Stat. 4490); 
        or
          (2) on or after the date of enactment of this Act.

                       Purpose of the Legislation

    The purpose of H.R. 1450 is to amend the Agricultural Act 
of 2014 to modify the treatment of revenue from timber sale 
contracts and certain payments made by counties to the 
Secretary of Agriculture and the Secretary of the Interior 
under good neighbor agreements.

                  Background and Need for Legislation

    Roughly 47 percent of Western lands are managed by the 
federal government, with the U.S. Forest Service (USFS) and the 
Bureau of Land Management (BLM) as the primary managers. 
Western states, tribes and counties all have a significant 
stake in how federal lands are managed for wildfires, which 
continue to pose a significant threat to western communities. 
Congress developed the Good Neighbor Authority (GNA) in order 
to give states the ability to assist in active forest 
management. GNA allows the BLM and USFS to authorize states, 
counties, and federally recognized Indian tribes to undertake 
specific projects on federal lands for land management 
purposes. GNA promotes collaboration between these entities and 
the federal agencies to carry out restoration work across 
jurisdictions. Under GNA, states, counties, and tribes can 
enter into agreements, known as Good Neighbor Agreements, with 
USFS or BLM to conduct restoration projects such as tree 
treatment, fuel reduction, habitat improvement, and road 
restoration.
    GNA was originally authorized as a pilot program for USFS 
land in Colorado. In 2014, Congress passed the GNA permanently 
into law. The new permanent authority was only available to 
states. The 2018 Farm Bill expanded this authority to counties 
and federally recognized Indian tribes. States also became 
authorized to retain funds from timber sales to fund additional 
restoration activities on the land under the existing GNA 
agreement. GNA has been a successful program with over 490 
projects that have started in 34 states since 2014. While state 
GNAs have flourished, the participation of counties and tribes 
has been limited thus far. The primary reason for this lack of 
participation is that tribes and counties have not been given 
the same authority as states to retain timber receipts for use 
on additional conservation and restoration work. This removes a 
significant incentive to partner on these projects.
    H.R. 1450, the ``Treating Tribes and Counties as Good 
Neighbors Act'' seeks to address this problem by extending the 
ability to retain timber receipts from GNA projects to counties 
and tribes for additional restoration projects. This 
legislation will also improve cross-boundary restoration work 
by allowing restoration projects to occur on nonfederal lands 
as well as federal lands. This bill will increase coordination 
and buy-in from counties and tribes and lead to more active 
forest management.

                            Committee Action

    H.R. 1450 was introduced on March 8, 2023, by Rep. Russ 
Fulcher (R-ID). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. The bill was also referred to the Committee 
on Agriculture. On May 23, 2023, the Subcommittee on Federal 
Lands held a hearing on the bill. On June 13, 2023, the Full 
Natural Resources Committee met to consider the bill. The 
Subcommittee on Federal Lands was discharged by unanimous 
consent. Rep. Fulcher (R-ID) offered an amendment in the nature 
of a substitute, designated Fulcher ANS. The amendment offered 
by Rep. Fulcher was adopted by voice vote. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by a roll call vote of 39 yeas to 0 nays, as 
follows:


                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Federal Lands held on May 23, 
2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Treating Tribes and Counties as Good Neighbors Act.''

Section 2. Modification of the treatment of certain revenue and 
        payments under good neighbor agreements

    Section 2 revises the GNA program to modify the treatment 
of revenue from timber sale contracts under good neighbor 
agreements with the USDA and DOI. It also requires Indian 
tribes and counties to retain revenue generated from timber 
sales under a good neighbor agreement and allows states, 
counties, and Indian tribes to use such revenue for authorized 
restoration projects on nonfederal lands under a good neighbor 
agreement. Finally, it extends GNA's expiration date from 2023 
to 2028.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:




    H.R. 1450 would authorize Indian tribes and counties to 
retain the proceeds of timber sales under cooperative forestry 
agreements, also known as good neighbor agreements (GNAs). 
(Under current law, through October 1, 2023, only states can 
retain the proceeds from timber sales under GNAs to cover the 
costs of restoration and protection projects.) The Bureau of 
Land Management (BLM) and the Forest Service enter into GNAs 
with states, federally recognized Indian tribes, and counties 
to carry out forest, rangeland, and watershed restoration and 
protection projects on federal land. The bill also would extend 
the authority to retain proceeds through October 1, 2028, for 
states, tribes, and counties.
    Based on information from BLM and the Forest Service, CBO 
expects that without the authority to retain proceeds, timber 
sales under GNAs with states, tribes, and counties would not 
occur. On that basis, CBO estimates that enacting the bill 
would not affect direct spending. If such sales did occur in 
the absence of that authority, any income is classified in the 
federal budget as an offsetting receipt (or reduction in direct 
spending). CBO estimates that implementing the bill would have 
insignificant costs over the 2024-2028 period for managing 
additional GNAs with Indian tribes and counties through 2028. 
Any spending would be subject to the availability of 
appropriated funds.
    On August 10, 2023, CBO transmitted a cost estimate for 
H.R. 1450, the Treating Tribes and Counties as Good Neighbors 
Act, as ordered reported by the House Committee on Agriculture 
on May 11, 2023. The two bills are similar; the version ordered 
reported by the House Committee on Natural Resources would 
extend the authority for participants to retain the proceeds 
from timber sales through October 1, 2028. CBO's cost estimates 
reflect that difference.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Agricultural Act of 2014 
to modify the treatment of revenue from timber sale contracts 
and certain payments made by counties to the Secretary of 
Agriculture and the Secretary of the Interior under good 
neighbor agreements.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 1450 
contains no unfunded mandates within the meaning of the 
Unfunded Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                        AGRICULTURAL ACT OF 2014




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TITLE VIII--FORESTRY

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Subtitle C--Reauthorization of Other Forestry-Related Laws

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SEC. 8206. 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, non-Federal land, and 
                land owned by an Indian tribe; and
                  (B) by either the Secretary or a Governor, 
                Indian tribe, or county, as applicable, 
                pursuant to a good neighbor agreement.
          (2) County.--The term ``county'' means--
                  (A) the appropriate executive official of an 
                affected county; or
                  (B) in any case in which multiple counties 
                are affected, the appropriate executive 
                official of a compact of the affected counties.
          (3) 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 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;
                          (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.
          (4) 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, other 
                        than the reconstruction, repair, or 
                        restoration of a National Forest System 
                        or Bureau of Land Management managed 
                        road that is--
                                  (I) necessary to carry out 
                                authorized restoration services 
                                pursuant to a good neighbor 
                                agreement; and
                                  (II) in the case of a 
                                National Forest System road 
                                that is determined to be 
                                unneeded in accordance with 
                                section 212.5(b)(2) of title 
                                36, Code of Federal Regulations 
                                (as in effect on the date of 
                                enactment of the Wildfire 
                                SuppressionFunding and Forest 
                                Management Activities Act), 
                                decommissioned in accordance 
                                with subparagraph (A)(iii)--
                                          (aa) in a manner that 
                                        is consistent with the 
                                        applicable travel 
                                        management plan; and
                                          (bb) not later than 3 
                                        years after the date on 
                                        which the applicable 
                                        authorized restoration 
                                        services project is 
                                        completed; or
                          (ii) construction, alteration, repair 
                        or replacement of public buildings or 
                        works.
          (5) 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, Indian 
        tribe, or county, as applicable, to carry out 
        authorized restoration services under this section.
          (6) Governor.--The term ``Governor'' means the 
        Governor or any other appropriate executive official of 
        an affected State [or Indian tribe] or the Commonwealth 
        of Puerto Rico.
          (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).
          (8) National forest system road.--The term ``National 
        Forest System road'' has the meaning given the term in 
        section 212.1 of title 36, Code of Federal Regulations 
        (as in effect on the date of enactment of the Wildfire 
        Suppression Fundingand Forest Management Activities 
        Act).
          (9) 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 the date of enactment of 
        this Act).
          (10) 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, 
                Indian tribe, or county 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 14 of the National Forest Management 
                Act of 1976 (16 U.S.C. 472a(d) and (g)) shall 
                not apply to services performed under a good 
                neighbor agreement.
                  (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.
                  (C) Treatment of revenue.--
                          [(i) In general.--Funds received from 
                        the sale of timber by a Governor of a 
                        State under a good neighbor agreement 
                        shall be retained and used by the 
                        Governor--
                                  [(I) to carry out authorized 
                                restoration services on Federal 
                                land under the good neighbor 
                                agreement; and
                                  [(II) if there are funds 
                                remaining after carrying out 
                                subclause (I), to carry out 
                                authorized restoration services 
                                on Federal land within the 
                                State under other good neighbor 
                                agreements.]
                          (i) In general.--Funds received from 
                        the sale of timber by a Governor, an 
                        Indian tribe, or a county under a good 
                        neighbor agreement shall be retained 
                        and used by the Governor, Indian tribe, 
                        or county, as applicable--
                                  (I) to carry out authorized 
                                restoration services under the 
                                good neighbor agreement; and
                                  (II) if there are funds 
                                remaining after carrying out 
                                subclause (I), to carry out 
                                authorized restoration services 
                                under other good neighbor 
                                agreements.
                          (ii) Termination of effectiveness.--
                        The authority provided by this 
                        subparagraph terminates effective 
                        October 1, [2023] 2028.
          (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, Indian tribe, or county.
          [(4) Receipts.--Notwithstanding any other provision 
        of law, any payment made by a county to the Secretary 
        under a project conducted under a good neighbor 
        agreement shall not be considered to be monies received 
        from National Forest System land or Bureau of Land 
        Management land, as applicable.]

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