S.Amdt. 922Senate113th Congress (2013-2015)

S.Amdt. 922

What it does: Adds SEC. 83__. GOOD NEIGHBOR AGREEMENTS at the end of subtitle D of title VIII
Submitted May 20, 2013

What it changes

1 change to S. 954 · shown in the bill's text

Adds a section
  1. Adds SEC. 83__. GOOD NEIGHBOR AGREEMENTS at the end of subtitle D of title VIII

    Adds a section

    In S. 954 · Placed on Calendar Senate

    (e) Effect on Prior Reimbursements.--Any acceptance of funds or reimbursements made by the Secretary of Agriculture before the date of enactment of this Act that otherwise would have been authorized under this section shall be considered to have been made in accordance with this section.

    Inserted: SEC. 83__. GOOD NEIGHBOR AGREEMENTS.

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

    Inserted: (1) Eligible state.--The term "eligible State" means a State that contains National Forest System land or Bureau of Land Management land.

    Inserted: (2) Secretary.--The term "Secretary" means--

    Inserted: (A) the Secretary of Agriculture, with respect to National Forest System land; or

    Inserted: (B) the Secretary of the Interior, with respect to Bureau of Land Management land.

    Inserted: (3) State forester.--The term "State forester" means the head of a State agency with jurisdiction over State forestry programs in an eligible State.

    Inserted: (b) Cooperative Agreements and Contracts.--

    Inserted: (1) In general.--The Secretary 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 National Forest System land or Bureau of Land Management land, as applicable, in the eligible State.

    Inserted: (2) Authorized services.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of--

    Inserted: (A) activities to treat insect infected trees;

    Inserted: (B) activities to reduce hazardous fuels; and

    Show 6 more inserted paragraphs

    Inserted: (C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.

    Inserted: (3) State as agent.--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 in providing the restoration and protection services authorized under paragraph (1).

    Inserted: (4) Subcontracts.--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).

    Inserted: (5) Timber sales.--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).

    Inserted: (6) 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 restoration and protection services to be provided under this section by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State.

    Inserted: (7) Applicable law.--Any employee, contractor, or subcontractor performing activities under a cooperative agreement or contract entered into under paragraph (1) shall be subject to the labor standards required under applicable State or local law.

    Original wording

    At the end of subtitle D of title VIII, add the following:

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As printed

SA 922. Mr. BARRASSO (for himself, Mr. Udall of Colorado, Mr. Heller, and Mr. Johnson of South Dakota) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VIII, add the following:

SEC. 83__. GOOD NEIGHBOR AGREEMENTS.

(a) Definitions.--In this section:

(1) Eligible state.--The term “eligible State” means a State that contains National Forest System land or Bureau of Land Management land.

(2) Secretary.--The term “Secretary” means--

(A) the Secretary of Agriculture, with respect to National Forest System land; or

(B) the Secretary of the Interior, with respect to Bureau of Land Management land.

(3) State forester.--The term “State forester” means the head of a State agency with jurisdiction over State forestry programs in an eligible State.

(b) Cooperative Agreements and Contracts.--

(1) In general.--The Secretary 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 National Forest System land or Bureau of Land Management land, as applicable, in the eligible State.

(2) Authorized services.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of--

(A) activities to treat insect infected trees;

(B) activities to reduce hazardous fuels; and

(C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.

(3) State as agent.--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 in providing the restoration and protection services authorized under paragraph (1).

(4) Subcontracts.--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).

(5) Timber sales.--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).

(6) 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 restoration and protection services to be provided under this section by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State.

(7) Applicable law.--Any employee, contractor, or subcontractor performing activities under a cooperative agreement or contract entered into under paragraph (1) shall be subject to the labor standards required under applicable State or local law.

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Senate amendment submitted

May 20, 2013