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

Summary

Lets the Secretary make cooperative agreements with a Governor or a county so they can work together to restore forests, rangelands, and watersheds on Federal, non‑Federal, and tribal land. The agreements must be public. The Secretary must approve the forestry plans and marking guides used on Federal land timber projects. Environmental decisions under NEPA for work on Federal land stay with the Federal government and cannot be handed over to a Governor or county. Money from timber sales kept by a Governor, tribe, or county must be used for restoration under that agreement first, and any leftover may be used for other similar agreements or for authorized recreation work; that money rule ends October 1, 2028. Two parts of another timber law (subsections (d) and (g) of section 472a) do not apply to services done under these agreements. If a county pays the Secretary for a project, that payment is not treated as money received from Federal land programs. Defined terms (one line each): authorized restoration services — similar and matching forest, rangeland, and watershed restoration work; county — the lead county official or a joint official when many counties are involved; Federal land — National Forest, public lands, National Park, or National Wildlife Refuge lands (but not Wilderness System components, lands where vegetation removal is banned or restricted by law or proclamation, or wilderness study areas); forest, rangeland, and watershed restoration services — work like treating insect‑ or disease‑infected trees, reducing hazardous fuels, and other restoration (not building new paved roads or public buildings, with limited road exceptions); good neighbor agreement — a cooperative contract between the Secretary and a Governor or county; Governor — the State or tribal lead executive; Indian tribe — as defined in law; Secretary — the Agriculture Secretary for National Forest land and the Interior Secretary for Bureau of Land Management land.

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

Short Title

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

Citations & Metadata