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Code · BILL · 113th Congress · H.R. 1442 (Introduced in House) — To amend the Healthy Forests Restoration Act of 2003 to improve the response to insect infestations and related disea... · Sec. 141

Sec. 141. Good neighbor authority

674 words·~3 min read·/bill/113/hr/1442/ih/section-141

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In this section: 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 good neighbor agreement; and a cooperative agreement or contract entered into under subsection (c). The term Federal land means the following land in a State located in whole or in part west of the 100th meridian: National Forest System land.
Public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). The term Federal land does not include— a component of the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Landscape Conservation System; a National Monument, National Preserve, National Scenic Area, or National Recreation Area; or a wilderness study area. The term forest, rangeland, and watershed restoration services means— activities to treat insect- and disease-infected trees; activities to reduce hazardous fuels; activities to maintain roads and trails that cross a boundary between Federal land and non-Federal land; and any other activities to restore or improve forest, rangeland, or watershed health, including fish and wildlife habitat.
The term good neighbor agreement means— a nonfunding master cooperative agreement entered into between the Secretary and a Governor under chapter 63 of title 31, United States Code; or a memorandum of agreement or understanding entered into between the Secretary and a Governor. The term Governor means the Governor or any other appropriate executive official of an affected State. The term Secretary means— the Secretary of Agriculture, with respect to National Forest System land; and the Secretary of the Interior, with respect to Bureau of Land Management land.
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. The Secretary shall make each good neighbor agreement available to the public. 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. Each task order, contract, or cooperative agreement entered into under paragraph
(1)shall be executed in accordance with— chapter 63 of title 31, United States Code; and the applicable good neighbor agreement. 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. The provisions referred to in subparagraph
(A)are provisions for— wages and benefits for workers employed by contractors and subcontractors required by— subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code; and chapter 6 of title 41, United States Code; nondiscrimination; and worker safety and protection. 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. 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. The authority of the Secretary to enter into cooperative agreements and contracts under this section terminates on September 30, 2019. The termination date of a cooperative agreement or contract entered into under this section shall not extend beyond September 30, 2020. Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( Public Law 106–291 ; 114 Stat. 996) is repealed. Section 337 of the Department of the Interior and Related Agencies Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 3102) is repealed. Nothing in the amendments made by this section affects contracts in effect on the day before the date of enactment of this Act.
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  • Pub. L. 106-291
  • 114 Stat. 996
  • Pub. L. 108-447
  • 118 Stat. 3102
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cites case law
Sec. 141
Good neighbor authority
U.S.C.§ 1702
Pub. L.Pub. L. 106-291
Stat.114 Stat. 996
Pub. L.Pub. L. 108-447
Stat.118 Stat. 3102
Cites 5Cited by 0 across 0 sources
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