§2113a — Title 16 Conservation | U.S. Code

Summary

The Secretary may make a "good neighbor" agreement with a State Governor or a county to do restoration work on forests, rangelands, and watersheds on Federal, non‑Federal, or tribal land. The work can include treating insect- and disease‑killed trees, cutting back dangerous fuels, and other projects to restore land and wildlife habitat. The agreements must be posted for the public to see. The Secretary must approve silviculture plans and marking guides for timber work on Federal land. NEPA decisions for work on Federal land cannot be handed off to a Governor or county. Money from timber sales done by a Governor, Indian tribe, or county under an agreement stays with them to carry out the agreement. Any leftover money can be used for other good neighbor agreements or for recreation projects under the Good Neighbor Authority for Recreation Act. That use of timber sale money ends on October 1, 2028. Parts (d) and (g) of section 472a do not apply to services under a good neighbor agreement. County payments to the Secretary for a project are not treated as money received from National Forest, BLM, National Park, or Fish and Wildlife lands. Defined terms (one line each): "Authorized restoration services" — similar and complementary forest, rangeland, and watershed restoration done on Federal, non‑Federal, or tribal land by the Secretary or by a Governor/county under an agreement. "County" — the chief executive of an affected county or of a group of counties. "Federal land" — National Forest System land; public land as defined in section 1702 of title 43; National Park System land; or National Wildlife Refuge land; but not Wilderness System lands, lands where vegetation removal is banned by law or proclamation, or wilderness study areas. "Forest, rangeland, and watershed restoration services" — work to treat insects and disease, reduce hazardous fuels, and other restoration actions (does not include building paved/permanent roads or public buildings, except limited agency road repairs needed for the project that are decommissioned within 3 years and consistent with the travel plan). "Good neighbor agreement" — a cooperative contract between the Secretary and a Governor or county. "Governor" — the Governor or similar executive of an affected State, Indian tribe, or Puerto Rico. "Indian tribe" — as defined in section 5304 of title 25. "National Forest System road" and "road" — defined in 36 C.F.R. (as in effect on March 23, 2018 and February 7, 2014, respectively). "Secretary" — Secretary of Agriculture for National Forest lands; Secretary of the Interior for BLM lands.

Title 16, §2113a

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)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)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)(A)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)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)(A)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)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)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)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)The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

(8)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)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)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)(1)(A)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)The Secretary shall make each good neighbor agreement available to the public.

(2)(A)Subsections (d) and (g) of section 472a of this title shall not apply to services performed under a good neighbor agreement.

(B)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)(i)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 11 So in original. under the good neighbor agreement; and

(II)if there are funds remaining after carrying out clause (i),22 So in original. Probably should be “subclause (I)”. 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)The authority provided under this subparagraph terminates effective October 1, 2028.

(3)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Good Neighbor Authority for Recreation Act, referred to in subsec. (b)(2)(C)(i)(II)(bb), probably means section 351 of Pub. L. 118–234, which is classified to section 8571 of this title and defines “authorized recreation services”. section 351 of Pub. L. 118–234 contains the heading “Good neighbor authority for recreation”, but no

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was 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

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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.

Amendments

2025—Subsec. (b)(2)(C). Pub. L. 118–234 amended subpar. (C) generally. Prior to amendment, subpar. (C) related to treatment of revenue received from sale of timber by a Governor of a State under a good neighbor agreement, and such authority terminated Oct. 1, 2024. 2024—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 re

Construction

, 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).

§2113a Good neighbor authority

Summary

Title 16, §2113a

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Construction

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