U.S Code last checked for updates: Nov 22, 2024
§ 2113a.
Good neighbor authority
(a)
Definitions
In this section:
(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, 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)
County
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)
Federal land
(A)
In general
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)
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.
(4)
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 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)
Good neighbor agreement
(6)
Governor
(7)
Indian tribe
(8)
National Forest System road
(9)
Road
(10)
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.
(b)
Good neighbor agreements
(1)
Good neighbor agreements
(A)
In general
(B)
Public availability
(2)
Timber sales
(A)
In general
(B)
Approval of silviculture prescriptions and marking guides
(C)
Treatment of revenue
(i)
In general
Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor—
(I)
to carry out authorized restoration services on Federal land under the good neighbor agreement; and
(II)
if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services on Federal land within the State under other good neighbor agreements.
(ii)
Termination of effectiveness
(3)
Retention of NEPA responsibilities
(4)
Receipts
(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; Pub. L. 115–334, title VIII, §§ 8624, 8704(b), Dec. 20, 2018, 132 Stat. 4857, 4877; Pub. L. 117–328, div. G, title IV, § 439, Dec. 29, 2022, 136 Stat. 4832; Pub. L. 118–42, div. E, title IV, § 443, Mar. 9, 2024, 138 Stat. 297.)
cite as: 16 USC 2113a