S.Amdt. 2856Senate112th Congress (2011-2013)

S.Amdt. 2856

What it does: Adds TITLE III--TIMBER SALE CONTRACTS at the end of the bill
Submitted September 21, 2012

What it changes

1 change to S. 3525 · shown in the bill's text

Adds a section
  1. Adds TITLE III--TIMBER SALE CONTRACTS at the end of the bill

    Adds a title

    In S. 3525 · Placed on Calendar Senate

    "(B) promoting voluntary, public-private partnerships to eradicate or control nutria and restoring nutria-damaged wetlands in the coastal States.".

    Inserted: TITLE III--TIMBER SALE CONTRACTS

    Inserted: SEC. 301. EXTENDING NATIONAL FOREST SYSTEM TIMBER SALE CONTRACTS.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Qualifying contract.--The term "qualifying contract" means a contract (including an integrated resource timber contract) for the sale of timber on National Forest System land--

    Inserted: (A) that was awarded before January 1, 2010;

    Inserted: (B) for which the original contract term was for 2 or more years;

    Inserted: (C) for which there is unharvested volume of timber remaining;

    Inserted: (D) for which, not later than 90 days after the date of enactment of this Act, the contract awardee makes a written request to the Secretary for an extension of time;

    Inserted: (E) for which the Secretary determines there is not an urgent need to harvest due to deteriorating timber conditions;

    Inserted: (F) for which the Secretary determines there is not an urgent need to harvest to accomplish fuel reduction objectives in wildland-urban interface areas; and

    Inserted: (G) that is not in breach or default.

    Inserted: (2) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.

    Show 13 more inserted paragraphs

    Inserted: (3) Wildland-urban interface.--The term "wildland-urban interface" has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

    Inserted: (b) Extension of Time.--

    Inserted: (1) In general.--Notwithstanding any other provision of law and subject to the conditions described in paragraph (2), the Secretary may extend the term of a qualifying contract for not more than 2 years after the applicable contract termination date.

    Inserted: (2) Conditions.--An extension of a qualifying contract under paragraph (1) shall be subject to the following conditions:

    Inserted: (A) The total contract term shall not exceed 10 years, including the extension granted under this section.

    Inserted: (B) A qualifying contract that receives a 1-year substantial overriding public interest extension authorized by the Chief of the Forest Service in 2012 may only receive an extension of 1 year under this section.

    Inserted: (C) Periodic payment dates that have not been reached as of the date of a request by a contract awardee under this section shall be adjusted in accordance with applicable law and policies.

    Inserted: (c) Effect.--

    Inserted: (1) No surrender of claims.--Nothing in this section shall result in the surrendering of any claim by the United States against any contract awardee that arose under a qualifying contract before the date on which the Secretary extends the qualifying contract term under this section.

    Inserted: (2) Release of liability.--Before receiving an extension of a contract term under this section, the contract awardee shall release the United States from all liability, including further consideration or compensation, resulting from--

    Inserted: (A) the extension of the qualifying contract term; or

    Inserted: (B) a determination by the Secretary under this section to not extend the contract term.

    Inserted: (3) Future administrative actions.--Nothing in this section precludes the Secretary from modifying a qualifying contract extended under this section to grant administrative relief consistent with applicable law (including regulations) and policy.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2856. Mr. HATCH submitted an amendment intended to be proposed by him to the bill S. 3525, to protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE III--TIMBER SALE CONTRACTS

SEC. 301. EXTENDING NATIONAL FOREST SYSTEM TIMBER SALE CONTRACTS.

(a) Definitions.--In this section:

(1) Qualifying contract.--The term “qualifying contract” means a contract (including an integrated resource timber contract) for the sale of timber on National Forest System land--

(A) that was awarded before January 1, 2010;

(B) for which the original contract term was for 2 or more years;

(C) for which there is unharvested volume of timber remaining;

(D) for which, not later than 90 days after the date of enactment of this Act, the contract awardee makes a written request to the Secretary for an extension of time;

(E) for which the Secretary determines there is not an urgent need to harvest due to deteriorating timber conditions;

(F) for which the Secretary determines there is not an urgent need to harvest to accomplish fuel reduction objectives in wildland-urban interface areas; and

(G) that is not in breach or default.

(2) Secretary.--The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(3) Wildland-urban interface.--The term “wildland-urban interface” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

(b) Extension of Time.--

(1) In general.--Notwithstanding any other provision of law and subject to the conditions described in paragraph (2), the Secretary may extend the term of a qualifying contract for not more than 2 years after the applicable contract termination date.

(2) Conditions.--An extension of a qualifying contract under paragraph (1) shall be subject to the following conditions:

(A) The total contract term shall not exceed 10 years, including the extension granted under this section.

(B) A qualifying contract that receives a 1-year substantial overriding public interest extension authorized by the Chief of the Forest Service in 2012 may only receive an extension of 1 year under this section.

(C) Periodic payment dates that have not been reached as of the date of a request by a contract awardee under this section shall be adjusted in accordance with applicable law and policies.

(c) Effect.--

(1) No surrender of claims.--Nothing in this section shall result in the surrendering of any claim by the United States against any contract awardee that arose under a qualifying contract before the date on which the Secretary extends the qualifying contract term under this section.

(2) Release of liability.--Before receiving an extension of a contract term under this section, the contract awardee shall release the United States from all liability, including further consideration or compensation, resulting from--

(A) the extension of the qualifying contract term; or

(B) a determination by the Secretary under this section to not extend the contract term.

(3) Future administrative actions.--Nothing in this section precludes the Secretary from modifying a qualifying contract extended under this section to grant administrative relief consistent with applicable law (including regulations) and policy.

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Senate amendment submitted

September 21, 2012