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16 U.S.C. § 2113aGood neighbor authority

submitted 12 years ago by Pub. L. 113-79 to r/title-16-CONSERVATION · 906 words · no verdicts yet

in plain englishAI-generated · not legal advice

The good neighbor authority lets the Secretary enter agreements with Governors or counties for specified forest, rangeland, and watershed restoration on eligible land. It sets definitions, timber-sale rules, revenue use, environmental-review responsibility, and a temporary revenue authority.

(a) “Authorized restoration services” means similar or complementary forest, rangeland, and watershed restoration on Federal, non-Federal, or Indian-tribe land by the Secretary, Governor, or county under a good neighbor agreement. “County” means the affected county’s executive official, or the executive official of an affected-county compact. “Federal land” means National Forest System, public land under section 1702 of title 43, National Park System, or National Wildlife Refuge land, but excludes wilderness-system components, land where Congress or a Presidential proclamation and implementation plan prohibit or restrict vegetation removal, and wilderness study areas. “Forest, rangeland, and watershed restoration services” means treating insect- or disease-infected trees, reducing hazardous fuels, and other activities restoring or improving those resources, including fish and wildlife habitat. It excludes construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, except specified managed-road work necessary for authorized services, including timely decommissioning of certain unneeded National Forest System roads consistently with the travel plan; and excludes public buildings or works. A “good neighbor agreement” is a cooperative agreement or contract, including sole-source contract, between the Secretary and applicable Governor or county. “Governor” includes the Governor or other appropriate executive official of an affected State or Indian tribe or Puerto Rico. “Indian tribe,” “National Forest System road,” and “road” have the meanings given by the cross-referenced provisions. “Secretary” means Agriculture for National Forest System land and Interior for Bureau of Land Management land. (b)(1) The Secretary may enter a good neighbor agreement with a Governor or county for authorized restoration services and must make each agreement public. (2) The timber-sale rules in section 472a(d) and (g) do not apply to services under an agreement. The Secretary must provide or approve silviculture prescriptions and marking guides for Federal-land timber sales. Sale funds retained by a Governor, Indian Tribe, or county must be used for authorized restoration under that agreement and, if money remains, for restoration under other good-neighbor agreements or authorized recreation under the Good Neighbor Authority for Recreation Act. This revenue authority ends October 1, 2028. (3) A decision required by the National Environmental Policy Act for services on Federal land may not be delegated to a Governor or county. (4) A county payment to the Secretary for an agreement project is not money received from the specified Federal land systems.
the actual law source: uscode.house.gov ↗public domain
(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, Indian Tribe, or county under a good neighbor agreement shall be retained and used by the Governor, Indian Tribe, or county, as applicable—

(I)

to carry out authorized restoration services on 1 under the good neighbor agreement; and

(II)

if there are funds remaining after carrying out clause (i),2 to carry out—

(aa)

authorized restoration services under other good neighbor agreements; or

(bb)

authorized recreation services under the Good Neighbor Authority for Recreation Act.

(ii) Termination of effectiveness

The authority provided under this subparagraph terminates effective October 1, 2028.

(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.

Source credit: (Pub. L. 113–79, title VIII, § 8206, Feb. 7, 2014, 128 Stat. 921; Pub. L. 115–141, div. O, title II, § 212, Mar. 23, 2018, 132 Stat. 1073; Pub. L. 115–334, title VIII, §§ 8624, 8704(b), Dec. 20, 2018, 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; Pub. L. 118–234, title III, § 351(b)(3)(B), Jan. 4, 2025, 138 Stat. 2916.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-79 · 128 Stat. 921
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1073
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4857, 4877
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 4832
  • 2024Amended · Pub. L. 118-42 · 138 Stat. 297
  • 2025Amended · Pub. L. 118-234 · 138 Stat. 2916

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-79 on 2014-02-07.

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