16 U.S.C. § 2113a — Good neighbor authority
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- (a)DefinitionsIn this section:
- (1)Authorized restoration servicesThe term “authorized restoration services” means similar and complementary forest, rangeland, and watershed restoration services carried out—
- (2)CountyThe term “county” means—
- (3)Federal land
- (4)Forest, rangeland, and watershed restoration services
- (A)In generalThe term “forest, rangeland, and watershed restoration services” means—
- (B)ExclusionsThe 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)—
- (ii)construction, alteration, repair or replacement of public buildings or works.
- (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—
- (5)Good neighbor agreementThe 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)GovernorThe 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 tribeThe term “Indian tribe” has the meaning given the term in section 5304 of title 25.
- (8)National Forest System roadThe 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)RoadThe 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)SecretaryThe term “Secretary” means—
- (b)Good neighbor agreements
- (1)Good neighbor agreements
- (2)Timber sales
- (A)In generalSubsections (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 guidesThe 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 generalFunds 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—
- (ii)Termination of effectivenessThe authority provided under this subparagraph terminates effective October 1, 2028.
- (3)Retention of NEPA responsibilitiesAny 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)ReceiptsNotwithstanding 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.