Sec. 102. Forest Service and Bureau of Land Management good-neighbor cooperation
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/bill/113/hr/1345/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible State means a State that contains National Forest System land or Bureau of Land Management land. The term Federal land means— land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). The term Secretary concerned means— the Secretary of Agriculture, in the case of National Forest System land; and the Secretary of the Interior, in the case of public lands administered by the Secretary of Interior through the Bureau of Land Management.
The term State Forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. The Secretary concerned 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 paragraph
(2)on Federal lands administered by the Secretary concerned, in the eligible State. The forest, rangeland, and watershed restoration and protection services referred to in paragraph
(1)include the conduct of— activities to treat insect infected trees; activities to reduce hazardous fuels; or any other activities determined by the Secretary concerned to appropriate to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph
(1)may authorize the State Forester to serve as the agent for the Secretary concerned in providing the restoration and protection services authorized under that paragraph. 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 paragraph (1). 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 paragraph (1). 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 section by a State Forester on Federal land, shall not be delegated to a State Forester or any other officer or employee of the eligible State. The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing applicable authorities of the Forest Service and the Bureau of Land Management. The authority of the Secretary concerned to enter into cooperative agreements and contracts under this Act terminates on September 30, 2023. A cooperative agreement or contract entered into under this Act shall not extend beyond 20 years.
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Sec. 102
Forest Service and Bureau of Land Management good-neighbor cooperation
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