[Senate Report 113-97]
[From the U.S. Government Publishing Office]
Calendar No. 175
113th Congress Report
SENATE
1st Session 113-97
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GOOD NEIGHBOR FORESTRY
_______
September 10, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 327]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 327) to authorize the Secretary of
Agriculture and the Secretary of the Interior to enter into
cooperative agreements with State foresters authorizing State
foresters to provide certain forest, rangeland, and watershed
restoration and protection services, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Neighbor Forestry Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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 and non-Federal land; and
(B) by either the Secretary or a Governor pursuant to
a good neighbor agreement.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means land
in a State located in whole or in part west of the
100th meridian that is--
(i) National Forest System land; or
(ii) public land (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)).
(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.
(3) 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 roads or parking areas; or
(ii) construction, alteration, repair or
replacement of public buildings or works.
(4) 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 to carry out authorized restoration
services under this Act.
(5) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State.
(6) 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 the date of enactment of this Act).
(7) 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.
SEC. 3. GOOD NEIGHBOR AGREEMENTS.
(a) Good Neighbor Agreements.--
(1) In general.--The Secretary may enter into a good neighbor
agreement with a Governor to coordinate the procurement and
implementation of authorized restoration services in accordance
with this section.
(2) Public availability.--The Secretary shall make each good
neighbor agreement available to the public.
(b) Timber Sales.--
(1) In general.--Subsections (d) and (g) of section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a(d) and
(g)) shall not apply to services performed under a cooperative
agreement or contract entered into under subsection (a).
(2) 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
Act.
(c) 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 Act on Federal land shall not be delegated to a
Governor.
PURPOSE
The purpose of S. 327 is to authorize the Secretaries of
Agriculture and the Interior to enter into cooperative
agreements with State foresters authorizing State foresters to
provide certain forest, rangeland, and watershed restoration
and protection services on National Forests and public lands.
BACKGROUND AND NEED
In 1998, Forest Service and State Forestry officials in
Colorado developed a proposal to improve coordination across
federal, state, and private boundaries during hazardous fuels,
insect and disease, and watershed restoration projects. As a
result of those discussions, a rider was added to the Interior
Appropriations bill for fiscal year 2001 that authorized a
four-year pilot program. Under the program, ``the Secretary of
Agriculture, via cooperative agreement or contract (including
sole source contract) as appropriate, may permit the Colorado
State Forest Service to perform watershed restoration and
protection services on National Forest System lands in the
State of Colorado when similar and complementary watershed
restoration and protection services are being performed by the
State Forest Service on adjacent State or private lands.''
Public Law 106-291, Sec. 331(a) (2000). The so-called ``Good
Neighbor'' provision also authorized the State to carry out the
work ``with subcontracts utilizing State contract procedures,''
but required the Forest Service to retain the responsibility to
comply with NEPA. In 2004, the authority was extended for an
additional 5 years and was expanded to include the Bureau of
Land Management and projects in the State of Utah. The
authority in Utah also was expanded to no longer require
complementary projects to be performed on adjacent land. Public
Law 108-447, Sec. Sec. 336-337 (2004).
Since 2000, the States of Colorado and Utah have used the
authority to carry out approximately $1.4 million of work on 40
projects in Colorado and 15 in Utah on 2,800 acres of federal
land (almost all Forest Service). In February of 2009, the
Government Accountability Office (GAO) issued a report (GAO-09-
277) on the use of the authority, its successes, and
challenges. The GAO reported that Federal and State officials
in Colorado and Utah believed that the authority increased
project efficiency and effectiveness, and enhanced federal-
state cooperation. The GAO also cited a number of concerns with
the use of the authority and considerations that should be
taken into account if the authority were to be extended or
expanded.
The current authority for Good Neighbor pilot projects in
Colorado and Utah expires on September 30, 2013. S. 327 would
expand the authority across National Forest and BLM lands in
the West and include a broader range of eligible projects.
LEGISLATIVE HISTORY
Senators Barrasso, Enzi, Hatch, Lee, Johnson of South
Dakota, Thune, and Udall of Colorado introduced S. 327 on
February 13, 2013. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on S. 327 on April 25, 2013. At its
business meeting on June 18, 2013, the Committee ordered the
bill favorably reported with an amendment in the nature of a
substitute.
In the 112th Congress, Senator Barrasso introduced
identical legislation, S. 375. The Subcommittee on Public Lands
and Forests held a hearing on S. 375 on May 25, 2011 (S. Hrg.
112-131). A similar bill, S. 1122, was introduced by Senator
Barrasso in the 111th Congress. The Subcommittee on Public
Lands and Forests held a hearing on S. 1122 on October 29, 2009
(S. Hrg. 111-223).
Similar ``Good Neighbor'' authority also was included as
section 6 of S. 2798, a bill to reduce the risk of catastrophic
wildfire through the facilitation of insect and disease
infestation treatment of National Forest System and adjacent
land, and for other purposes, introduced by Senators Udall of
Colorado, Risch, and Crapo. The Committee reported S. 2798 on a
voice vote with an amendment in the nature of a substitute on
September 27, 2010 (S. Rept. 111-313). No further action was
taken in the Senate on either S. 1122 or S. 2798.
COMMITTEE AMENDMENT
The amendment in the nature of a substitute makes three
major changes in the bill. First, the substitute excludes
wilderness areas, wilderness study areas, and areas where the
removal of vegetation is prohibited or restricted by an Act of
Congress or Presidential proclamation from the definition of
``federal land'' on which authorized restoration services can
be performed under the bill. Second, the substitute excludes
construction, reconstruction, repair, or restoration of roads
or parking areas, and the construction, alteration, repair, or
replacement of public buildings or works from the definition of
``forest, rangeland, and watershed restoration services''
eligible for Good Neighbor agreements. Third, the substitute
requires the Secretary to provide or approve all silviculture
prescriptions and marking guides in all timber sales conducted
on Federal land under the Act. The amendment is explained in
detail in the section-by-section analysis, below.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 327, if
amended as described herein.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, ``Good Neighbor
Forestry Act''.
Section 2 defines key terms used in the Act.
Section 3 authorizes the Secretary of Agriculture to enter
into good neighbor agreements with a Governor to carry out
authorized restoration services.
Subsection (b) exempts timber sales made under a
cooperative agreement between the Secretary and a Governor from
subsections (d) and (g) of section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a(d) and (g)).
Paragraph (2) directs the Secretary to approve all
silviculture prescriptions and marking guides in all timber
sale projects conducted under good neighbor agreements on
Federal land.
Subsection (c) retains the Federal government's
responsibilities under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 327--Good Neighbor Forestry Act
S. 327 would authorize the Department of the Interior and
the Forest Service to enter into cooperative agreements or
contracts with state foresters in western states to provide
forest, rangeland, and watershed restoration and protection
services on lands administered by those agencies. Based on
information provided by the affected agencies, CBO estimates
that implementing the legislation would have no impact on the
federal budget. Enacting the legislation would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Under current law, the affected agencies have the authority
to enter into contracts with private companies to carry out
various activities to conserve federal lands. S. 327 would
allow those agencies to contract with state foresters to
accomplish similar work in areas where state and federal lands
are located in close proximity. Because the bill provides an
alternative approach to completing projects that would
otherwise be carried out by the affected agencies or private
contractors, CBO estimates that implementing the legislation
would have no impact on the federal budget.
Any proceeds from timber sales conducted under an agreement
authorized by the bill would be treated as receipts to the
federal government as under current law; therefore, CBO
estimates that enacting the bill would not affect direct
spending.
S. 327 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 327.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 327, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 327, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management and
the Forest Service at the April 25, 2013, Subcommittee on
Public Lands, Forests, and Mining hearing on S. 327 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 327, the Good Neighbor Forestry Act. The bill
authorizes the Secretary of the Interior to enter into
cooperative agreements or contracts with a state forester to
provide forest, rangeland, and watershed restoration and
protection services on lands managed by the Bureau of Land
Management (BLM). The Administration supports Good Neighbor
Authority and we would like to work with the Committee to make
some minor technical corrections. We welcome opportunities to
enhance our capability to efficiently manage our natural
resources through a landscape scale approach that crosses a
diverse spectrum of land ownerships.
background
The BLM is increasingly taking a landscape-scale approach
to managing natural resources on the public lands. Recent
drought cycles, catastrophic fires, large-scale insect and
disease outbreaks, the impacts of global climate change, and
invasions of harmful non-native species all threaten the health
of the public lands. They also tax a land manager's ability to
ensure ecological integrity, while accommodating increased
demands for public land uses across the landscape.
The BLM engages in land restoration and hazardous fuels
reduction activities with interagency partners and affected
landowners to expand and accelerate forest ecosystem
restoration. The ``Good Neighbor'' concept provides a mechanism
to facilitate treatments across the landscape, inclusive of all
ownerships, and enhances relationships between Federal, state,
and private land managers.
In Fiscal Year (FY) 2001, Congress authorized the U.S.
Forest Service to allow the Colorado State Forest Service
(CSFS) to conduct activities such as hazardous fuels reduction
on U.S. Forest Service lands when performing similar activities
on adjacent state or private lands. The BLM received similar
authority in Colorado in FY 2004, as did the U.S. Forest
Service in Utah. The BLM used this ``Good Neighbor'' authority
beginning in 2006 in the agency's Royal Gorge Field Office.
Through an assistance agreement with the CSFS, the BLM
accomplished a fuels reduction and mitigation project within
and adjacent to the Gold Hill Subdivision of Boulder County.
The Gold Hill Project treated a total of 372 acres of wildland
urban interface consisting of 122 acres of BLM land, 27 acres
of U.S. Forest Service land, and 223 acres of private land. All
of these acres were identified as priorities within the Gold
Hill Community Wildfire Protection Plan. Through the assistance
agreement, the CSFS delineated the areas to be treated within
the Gold Hill Project, managed the project, administered
contracts, monitored firewood removal, and monitored forestry
and fuels projects on BLM and U.S. Forest Service lands. No
timber was harvested or sold from the BLM lands. The BLM and
the U.S. Forest Service conducted the project planning and
fulfilled NEPA requirements on their respective lands.
The project area consisted of small parcels of Federal
lands interspersed with state and private lands. Since all the
landowners used the same State contract, treatments were
accomplished concurrently and with consistency in treatment
methods, thereby achieving hazardous fuels reductions across a
larger area to reduce the risk of wildfire. Efficiencies were
also realized by utilizing a single contractor to treat one
large project area. The BLM also realized savings in personnel
resources. Although the project area was located nearly 200
miles from the BLM field office, CSFS personnel were in the
immediate vicinity and were able to conduct the field work for
the BLM. In addition, the CSFS regularly worked with private
landowners in the area and easily gained access through the
private lands to conduct work on the Federal lands, which
allowed the work to begin quickly. Simplified state contracting
procedures also expedited the project. The project was
completed in 2008.
A February 2009 GAO report examined state service
contracting procedures regarding transparency, competitiveness,
and oversight, and found that the state requirements generally
addressed each of these areas. (GAO-09-277). The GAO issued two
recommendations to the BLM: 1) To develop written procedures
for Good Neighbor timber sales in collaboration with each state
to better ensure accountability for federal timber; and 2) To
document how prior experiences with Good Neighbor projects
offer ways to enhance the use of the authority in the future
and make such information available to current and prospective
users of the authority. The BLM completed the final corrective
action plan incorporating these suggestions in September of
2010.
s. 327
S. 327 provides for the Secretaries of Agriculture and
Interior to enter into cooperative agreements and contracts
with state foresters in any state west of the 100th meridian,
to provide forest, rangeland, and watershed restoration and
protection services on National Forest System land or BLM land.
The success that the BLM experienced in using the Good Neighbor
authority in Colorado as a cross-boundary management tool would
be available under S. 375 to all BLM-managed lands throughout
the west. The authority provided by the bill is discretionary;
each BLM office could determine on a case-by-case basis whether
or not the Good Neighbor authority is a desirable option. All
Good Neighbor projects would be undertaken in conformance with
land use plans and comply with the National Environmental
Policy Act, if applicable.
Section 3(a) of the bill would authorize the Secretary to
enter into a cooperative agreement or contract with a state
Forester. For clarification, the BLM suggests an amendment to
the language to add ``notwithstanding the Federal Grants and
Cooperative Agreements Act.''
The provisions in section 3(b) authorize services to
include activities that treat insect-infected trees; reduce
hazardous fuels; and any other activities to restore or improve
forest, rangeland, and watershed health, including fish and
wildlife habitat. There is no requirement that the BLM-managed
lands be adjacent to state or private lands to be eligible for
services. This expansion of authority could be beneficial in
watershed restoration projects where state and Federal lands
might not be immediately adjacent to one another, but are
within the same watershed.
Accordingly, this expanded authority could enhance the
effectiveness of landscape-scale treatment.
conclusion
Thank you for the opportunity to testify about Good
Neighbor Authority and S. 327. The Department of the Interior
and the BLM welcome opportunities to engage in efforts that can
advance cooperation of all landowners, improve the
effectiveness of restoration and fuels treatments, and provide
cost-effective tools for managing natural resources. I would be
happy to answer any questions.
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Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 327, the Good Neighbor Forestry Act.
S. 327 would authorize the Secretary of Agriculture and the
Secretary of the Interior to enter into cooperative agreements
or contracts with State foresters authorizing State foresters
to provide certain forest, rangeland and watershed restoration
and protection services in states west of the 100th meridian.
Activities that could be undertaken using this authority
include: (1) activities to treat insect infected trees; (2)
activities to reduce hazardous fuels; and (3) any other
activities to restore or improve forest, rangeland and
watershed health, including fish and wildlife habitat. The bill
would authorize the states to act as agents for the Secretary
and would provide that states could subcontract for services
authorized under this bill. The bill would require federal
retention of decision making under the National Environmental
Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). The
authority to enter into contracts or agreements under the bill
would expire on September 30, 2019.
We support Good Neighbor Authority (GNA), but would like to
work with the Committee to make some minor technical
corrections. We know our Nation's forests face forest health
challenges, which must be addressed across diverse land
ownerships. In these times of limited resources, it is
important to leverage workforce and technical capacities and
develop partnerships for forest restoration across all lands.
To that end, we look forward to continuing our work with the
committee and states.
This concludes my testimony and I would be happy to answer
any questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 327 as ordered reported.