16 USC 6591c - Stewardship end result contracting projects

U.S Code last checked for updates: Nov 22, 2024

§ 6591c.

Stewardship end result contracting projects

(a)

Definitions

In this section:

(1)

Chief

(2)

Director

(b)

Projects

(c)

Land management goals

The land management goals of a project under subsection (b) may include any of the following:

(1)

Road and trail maintenance or obliteration to restore or maintain water quality.

(2)

Soil productivity, habitat for wildlife and fisheries, or other resource values.

(3)

Setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat.

(4)

Removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives.

(5)

Watershed restoration and maintenance.

(6)

Restoration and maintenance of wildlife and fish.

(7)

Control of noxious and exotic weeds and reestablishing native plant species.

(d)

Agreements or contracts

(1)

Procurement procedure

(2)

Contract for sale of property

(3)

Term

(A)

In general

(B)

Maximum

(4)

Offsets

(A)

In general

(B)

Methods of appraisal

The value of timber or other forest products used as an offset under subparagraph (A)—

(i)

shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and

(ii)

may—

(I)

be determined using a unit of measure appropriate to the contracts; and

(II)

may include valuing products on a per-acre basis.

(5)

Relation to other laws

(6)

Contracting officer

(7)

Fire liability provisions

Not later than 90 days after February 7, 2014, the Chief shall issue for use in all contracts and agreements under this section fire liability provisions that are in substantially the same form as the fire liability provisions contained in—

(A)

integrated resource timber contracts, as described in the Forest Service contract numbered 2400–13, part H, section H.4; and

(B)

timber sale contracts conducted pursuant to section 472a of this title.

(e)

Receipts

(1)

In general

(2)

Use

Monies from an agreement or contract under subsection (b)—

(A)

may be retained by the Chief and the Director; and

(B)

shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site.

(3)

Relation to other laws

(A)

In general

(B)

Knutson-Vanderberg 2

 So in original. Probably should be “Knutson-Vandenberg”.

Act

(f)

Costs of removal

Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under—

(1)

section 490 of this title; and

(2)

section 498 of this title.

(g)

Performance and payment guarantees

(1)

In general

(2)

Excess offset value

If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may—

(A)

use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or

(B)

if there are no outstanding liabilities described in subparagraph (A), apply the excess to other authorized stewardship projects.

(h)

Cancellation ceilings

(1)

In general

(2)

Advance notice to Congress of cancellation ceiling in excess of $25,000,000

Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to that cancellation ceiling, the Chief or the Director, as applicable, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes—

(A)

a description of the cancellation ceiling amounts proposed for each program year in the agreement or contract;

(B)

the reasons why the cancellation ceiling amounts described under subparagraph (A) were selected;

(C)

a description of the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and

(D)

an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation.

(3)

Transmittal of notice to OMB

(i)

Monitoring and evaluation

(1)

In general

(2)

Participants

Other than the Chief and Director, participants in the process described in paragraph (1) may include—

(A)

any cooperating governmental agencies, including tribal governments; and

(B)

any other interested groups or individuals.

(j)

Reporting

Not later than 1 year after February 7, 2014, and annually thereafter, the Chief and the Director shall submit to the congressional committees described in subsection (h)(2) a report on—

(1)

the status of development, execution, and administration of agreements or contracts under subsection (b);

(2)

the specific accomplishments that have resulted; and

(3)

the role of local communities in the development of agreements or contract plans.

(Pub. L. 108–148, title VI, § 604, as added Pub. L. 113–79, title VIII, § 8205(a), Feb. 7, 2014, 128 Stat. 918; amended Pub. L. 115–31, div. G, title IV, § 422, May 5, 2017, 131 Stat. 499; Pub. L. 115–141, div. O, title II, §§ 204–206, Mar. 23, 2018, 132 Stat. 1064, 1065.)

cite as: 16 USC 6591c