§ 2113a. Good neighbor authority

1,828 words·~8 min read·/usc/title-16/section-2113a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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 1702 of title 43); or

(iii)National Park System land; or

(iv)National Wildlife Refuge Land.

(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, Bureau of Land Management, National Park Service, or National Wildlife Refuge 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 March 23, 2018), 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 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 5304 of title 25.

(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 March 23, 2018).

(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 February 7, 2014).

(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 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 472a of this title 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, Indian Tribe, or 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 on 1 under the good neighbor agreement; and

(II)if there are funds remaining after carrying out clause (i),2 to carry out—

(aa)authorized restoration services under other good neighbor agreements; or

(bb)authorized recreation services under the Good Neighbor Authority for Recreation Act.

(ii)Termination of effectiveness The authority provided under this subparagraph terminates effective October 1, 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 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, Bureau of Land Management, National Park System, or U.S. Fish and Wildlife Service land, as applicable.