S.Amdt. 2910Senate112th Congress (2011-2013)2nd degree

S.Amdt. 2910

Submitted November 14, 2012

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Senate amendment submitted

November 14, 2012

Text

Submitted

SA 2910. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) 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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