S. 2468

Wyoming Forest and Watershed Restoration Act of 2007

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II

110th CONGRESS

1st Session

S. 2468

IN THE SENATE OF THE UNITED STATES

December 13, 2007

Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize the Secretary of Agriculture (acting through the Chief of the Forest Service) to enter into a cooperative agreement with the State of Wyoming to allow the State of Wyoming to conduct certain forest and watershed restoration services, and for other purposes.

1.

Short title

This Act may be cited as the Wyoming Forest and Watershed Restoration Act of 2007.

2.

Forest and watershed restoration

(a)

Definitions

In this Act:

(1)

Secretary

The term Secretary means the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land.

(2)

State

The term State means the State of Wyoming.

(b)

Cooperative agreement

(1)

Authority of Secretary

Until September 30, 2017, in accordance with paragraphs (2), (3), and (6), the Secretary may enter into a cooperative agreement or contract (including a sole source contract) with the State to allow the State forester of the State to conduct forest and watershed restoration services on land that is—

(A)

under the jurisdiction of the Secretary; and

(B)

located in the State.

(2)

Project basis

Each restoration service that is the subject of a cooperative agreement or contract described in paragraph (1) shall be—

(A)

carried out on a project-to-project basis; or

(B)

made ready to be carried out under any existing authority of the Secretary.

(3)

Authorized services

In carrying out services in accordance with a cooperative agreement or contract entered into between the Secretary and the State under paragraph (1), the State shall conduct certain appropriate services, including—

(A)

the treatment of insect-infected trees;

(B)

the reduction of hazardous fuels; and

(C)

any other activity designed to restore or improve a forest or watershed (including any fish or wildlife habitat), as determined by the Secretary.

(4)

State as agent

(A)

In general

Except as provided in paragraph (6), a cooperative agreement or contract entered into by the Secretary and the State under paragraph (1) may allow the State forester of the State to serve as an agent of the Forest Service in carrying out any service described in paragraph (3).

(B)

Authority to subcontract

In accordance with the laws of the State, in carrying out any authorized service described in paragraph (3), the State forester of the State may enter into a subcontract with any other entity to carry out the services of the State forester of the State.

(5)

Applicability of National Forest Management Act of 1976

Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to any service performed by the State forester of the State in accordance with a cooperative agreement or contract entered into by the Secretary and the State under paragraph (1).

(6)

Retention of certain responsibilities

With respect to any authorized service described in paragraph (3), the Secretary, through a cooperative agreement or contract entered into by the Secretary and the State under paragraph (1), shall not allow the State to make any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).