16 U.S.C. § 2113a – Good neighbor authority

(a) Definitions In this section:
1. (1) Authorized restoration services The term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out—
  1. (A) on Federal land and non-Federal land; and
  2. (B) by either the Secretary or a Governor pursuant to a good neighbor agreement.
2. (2) Federal land
  1. (A) In general The term “Federal land” means land that is—
    1. (i) National Forest System land; or
    2. (ii) public land (as defined in section 1702 of title 43).
  2. (B) Exclusions The term “Federal land” does not include—
    1. (i) a component of the National Wilderness Preservation System;
    2. (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
    3. (iii) a wilderness study area.
3. (3) Forest, rangeland, and watershed restoration services
  1. (A) In general The term “forest, rangeland, and watershed restoration services” means—
    1. (i) activities to treat insect- and disease-infected trees;
    2. (ii) activities to reduce hazardous fuels; and
    3. (iii) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
  2. (B) Exclusions The term “forest, rangeland, and watershed restoration services” does not include—
    1. (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 road that is—
      1. (I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and
      2. (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 the date of enactment of the Good Neighbor Authority Improvement Act),¹ 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
    2. (ii) construction, alteration, repair or replacement of public buildings or works.
4. (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 section.
5. (5) Governor The term “Governor” means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico.
6. (6) 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 the date of enactment of the Good Neighbor Authority Improvement Act).¹
7. (7) 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).
8. (8) Secretary The term “Secretary” means—
  1. (A) the Secretary of Agriculture, with respect to National Forest System land; and
  2. (B) the Secretary of the Interior, with respect to Bureau of Land Management land.
(b) Good neighbor agreements
1. (1) Good neighbor agreements
  1. (A) In general The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section.
  2. (B) Public availability The Secretary shall make each good neighbor agreement available to the public.
2. (2) Timber sales
  1. (A) In general Subsections (d) and (g) of section 472a of this title shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a).
  2. (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.
3. (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.

(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.)

References in Text

The date of enactment of the Good Neighbor Authority Improvement Act, referred to in subsec. (a)(3)(B)(i)(II), (6), probably means the date of enactment of section 212 of Pub. L. 115–141, which amended this section and was approved Mar. 23, 2018. A bill, S. 2223 of the 115th Congress, 1st Sess., consisting of that Short Title and text similar to that of section 212 of Pub. L. 115–141, was introduced in the Senate on Dec. 13, 2017, but was not enacted.

The 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

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.

Amendments

2018—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)(6) to (8). Pub. L. 115–141, § 212(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.

¹ See References in Text note below.