16 U.S.C. § 2113a

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2113a - Good neighbor authority

(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 of a State under a good neighbor agreement shall be retained and used by the Governor-

(I) to carry out authorized restoration services on Federal land under the good neighbor agreement; and

(II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services on Federal land within the State under other good neighbor agreements.

(ii) Termination of effectiveness

The authority provided by this subparagraph terminates effective October 1, 2024.

(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.

16 U.S.C. § 2113a

Pub. L. 113-79, title VIII, §82068206,, 128 Stat. 921; Pub. L. 115-141, div. O, title II, §212, Mar. 23, 2018, 132 Stat. 1073; Pub. L. 115-334, title VIII, §§86248624,, 87048624,, 132 Stat. 4857, 4877; Pub. L. 117-328, div. G, title IV, §439, Dec. 29, 2022, 136 Stat. 4832; Pub. L. 118-42, div. E, title IV, §443, Mar. 9, 2024, 138 Stat. 297.

EDITORIAL NOTES

REFERENCES IN TEXTThe National Environmental Policy Act of 1969, referred to in subsec. (b)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

CODIFICATION Pub. L. 118-42, §443, which directed amendment of section 8206 of the "Agriculture Act of 2014", was executed to this section, which is section 8206 of the Agricultural Act of 2014, to reflect the probable intent of Congress. Section was enacted as part of the Agricultural Act of 2014, and not as part of the Cooperative Forestry Assistance Act of 1978 which comprises this chapter.

AMENDMENTS2024-Subsec. (a)(3)(A)(iii), (iv). Pub. L. 118-42, §443(1), added cls. (iii) and (iv). See Codification note above. Subsec. (a)(4)(B)(i). Pub. L. 118-42, §443(2), (3), in introductory provisions, substituted a comma for "or" before "Bureau of Land Management" and inserted ",National Park Service, or National Wildlife Refuge" after "Bureau of Land Management". See Codification note above.Subsec. (b)(2)(C)(ii). Pub. L. 118-42, §443(4), substituted "2024" for "2023". See Codification note above.Subsec. (b)(4). Pub. L. 118-42, §443(5), (6), substituted a comma for "land or" before "Bureau of Land Management" and inserted ",National Park System, or U.S. Fish and Wildlife Service" after "Bureau of Land Management". See Codification note above. 2022-Subsec. (a)(4)(B)(i). Pub. L. 117-328 inserted "or Bureau of Land Management managed" after "National Forest System" in introductory provisions.2018-Subsec. (a)(1)(A). Pub. L. 115-334, §8624(a)(1), substituted "land, non-Federal land, and land owned by an Indian tribe" for "land and non-Federal land". Subsec. (a)(1)(B). Pub. L. 115-334, §8624(b)(1)(A), inserted "or county, as applicable," after "Governor".Subsec. (a)(2). Pub. L. 115-334, §8624(b)(1)(C), added par. (2). Former par. (2) redesignated (3).Subsec. (a)(3). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (a)(3)(B)(i). Pub. L. 115-141, §212(1), substituted "areas, other than the reconstruction, repair, or restoration of a National Forest System road that is-" and subcls. (I) and (II) for "areas; or". Subsec. (a)(4). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(4)(B)(i)(II). Pub. L. 115-334, §8704(b)(1), made technical amendment to reference in original act which appears in text as reference to March 23, 2018.Subsec. (a)(5). Pub. L. 115-334, §8624(b)(1)(B), (D), redesignated par. (4) as (5) and inserted "or county, as applicable," after "Governor". Former par. (5) redesignated (6). Pub. L. 115-334, §8624(a)(2), inserted "or Indian tribe" after "affected State".Subsec. (a)(6). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (5) as (6). Former par. (6) redesignated (7). Pub. L. 115-334, §8624(a)(4), which directed amendment of subsec. (a) by adding par. (6) after par. (5) "(as so redesignated)", was executed by making the addition after par. (5), relating to the definition of "Governor", to reflect the probable intent of Congress. Pub. L. 115-334, §8624(a)(3), redesignated par. (6) as (7). Pub. L. 115-141, §212(3), added par. (6). Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (6) as (7). Former par. (7) redesignated (8). Pub. L. 115-334, §8624(a)(3), redesignated par. (6) as (7). Former par. (7) redesignated (8). Pub. L. 115-141, §212(2), redesignated par. (6) as (7). Former par. (7) redesignated (8).Subsec. (a)(8). Pub. L. 115-334, §8704(b)(2), made technical amendment to reference in original act which appears in text as reference to March 23, 2018. Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (7) as (8). Former par. (8) redesignated (9). Pub. L. 115-334, §8624(a)(3), redesignated par. (7) as (8). Former par. (8) redesignated (9). Pub. L. 115-141, §212(2), redesignated par. (7) as (8). Subsec. (a)(9). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (8) as (9). Former par. (9) redesignated (10). Pub. L. 115-334, §8624(a)(3), redesignated par. (8) as (9). Subsec. (a)(10). Pub. L. 115-334, §8624(b)(1)(B), redesignated par. (9) as (10). Subsec. (b)(1)(A). Pub. L. 115-334, §8624(b)(2)(A), inserted "or county" after "Governor". Subsec. (b)(2)(A). Pub. L. 115-334, §8624(b)(2)(B), substituted "good neighbor agreement" for "cooperative agreement or contract entered into under subsection (a)". Subsec. (b)(2)(C). Pub. L. 115-334, §8624(c), added subpar. (C).Subsec. (b)(3). Pub. L. 115-334, §8624(b)(2)(C), inserted "or county" after "Governor". Subsec. (b)(4). Pub. L. 115-334, §8624(b)(2)(D), added par. (4).