“(5) as feasible, appropriate military installations where the voluntary participation and management of private or State-owned or other public forestland is able to support, promote, and contribute to the missions of such installations; and”
; and
“(A) Definition of acreage owned by indian tribes.—In this paragraph, the term ‘acreage owned by Indian tribes’ includes—
“(i) land that is held in trust by the United States for Indian tribes or individual Indians;
“(ii) land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance;
“(iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes;
“(iv) land that is held in fee title by an Indian tribe; or
“(v) land that is owned by a native corporation formed under section 17 of the Act of June 18, 1934 (commonly known as the ‘Indian Reorganization Act’) (25 U.S.C. 477) or section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607); or
“(vi) a combination of 1 or more types of land described in clauses (i) through (v).
“(B) Enrollment of acreage.—In the case of”
“(b) Fiscal Years 2014 Through 2018.—There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $12,000,000 for each of fiscal years 2014 through 2018.
“(c) Additional Source of Funds.—In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504.”
“SEC. 602. DESIGNATION OF TREATMENT AREAS.
“(a) Definition of Declining Forest Health.—In this section, the term ‘declining forest health’ means a forest that is experiencing—
“(1) substantially increased tree mortality due to insect or disease infestation; or
“(2) dieback due to infestation or defoliation by insects or disease.
“(b) Designation of Treatment Areas.—
“(1) Initial areas.—Not later than 60 days after the date of enactment of the Agricultural Act of 2014, the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic.
“(2) Additional areas.—After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats.
“(c) Requirements.—To be designated a landscape-scale area under subsection (b), the area shall be—
“(1) experiencing declining forest health, based on annual forest health surveys conducted by the Secretary;
“(2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or
“(3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.
“(d) Treatment of Areas.—
“(1) In general.—The Secretary may carry out priority projects on Federal land in the areas designated under subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.
“(2) Authority.—Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2018, may be carried out in accordance with subsections (b), (c), and (d) of section 102, and sections 104, 105, and 106.
“(3) Effect.—Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2).
“(4) Report.—
“(A) In general.—In accordance with the schedule described in subparagraph (B), the Secretary shall issue 2 reports on actions taken to carry out this subsection, including—
“(i) an evaluation of the progress towards project goals; and
“(ii) recommendations for modifications to the projects and management treatments.
“(B) Schedule.—The Secretary shall—
“(i) not earlier than September 30, 2018, issue the initial report under subparagraph (A); and
“(ii) not earlier than September 30, 2024, issue the second report under that subparagraph.
“(e) Tree Retention.—The Secretary shall carry out projects under subsection (d) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease.
“(f) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2024.
“SEC. 603. ADMINISTRATIVE REVIEW.
“(a) In General.—Except as provided in subsection (d), a project described in subsection (b) that is conducted in accordance with section 602(d) may be—
“(1) considered an action categorically excluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.); and
“(2) exempt from the special administrative review process under section 105.
“(b) Collaborative Restoration Project.—
“(1) In general.—A project referred to in subsection (a) is a project to carry out forest restoration treatments that—
“(A) maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease;
“(B) considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and
“(C) is developed and implemented through a collaborative process that—
“(i) includes multiple interested persons representing diverse interests; and
“(ii)
(I) is transparent and nonexclusive; or
“(II) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125).
“(2) Inclusion.—A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)).
“(c) Limitations.—
“(1) Project size.—A project under this section may not exceed 3000 acres.
“(2) Location.—A project under this section shall be limited to areas—
“(A) in the wildland-urban interface; or
“(B) Condition Classes 2 or 3 in Fire Regime Groups I, II, or III, outside the wildland-urban interface.
“(3) Roads.—
“(A) Permanent roads.—
“(i) Prohibition on establishment.—A project under this section shall not include the establishment of permanent roads.
“(ii) Existing roads.—The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.
“(B) Temporary roads.—The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.
“(d) Exclusions.—This section does not apply to—
“(1) a component of the National Wilderness Preservation System;
“(2) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
“(3) a congressionally designated wilderness study area; or
“(4) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.
“(e) Forest Management Plans.—All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit of the National Forest System containing the projects and activities.
“(f) Public Notice and Scoping.—The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section.
“(g) Accountability.—
“(1) In general.—The Secretary shall prepare an annual report on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section.
“(2) Submission.—Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to—
“(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
“(B) the Committee on Environment and Public Works of the Senate;
“(C) the Committee on Agriculture of the House of Representatives;
“(D) the Committee on Natural Resources of the House of Representatives; and
“(E) the Government Accountability Office.”
“SEC. 604. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
“(a) Definitions.—In this section:
“(1) Chief.—The term ‘Chief’ means the Chief of the Forest Service.
“(2) Director.—The term ‘Director’ means the Director of the Bureau of Land Management.
“(b) Projects.—The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs.
“(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.—A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts.
“(2) Contract for sale of property.—A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law.
“(3) Term.—
“(A) In general.—Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code.
“(B) Maximum.—The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years.
“(4) Offsets.—
“(A) In general.—The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b).
“(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.—Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b).
“(6) Contracting officer.—Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b).
“(7) Fire liability provisions.—Not later than 90 days after the date of enactment of this section, the Chief and the Director 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 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).
“(e) Receipts.—
“(1) In general.—The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section.
“(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.—Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands.
“(B) Knutson-vanderberg act.—The Act of June 9, 1930 (commonly known as the ‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b).
“(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) the Act of August 11, 1916 (16 U.S.C. 490); and
“(2) the Act of June 30, 1914 (16 U.S.C. 498).
“(g) Performance and Payment Guarantees.—
“(1) In general.—The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b).
“(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) collect any residual receipts under the Act of June 9, 1930 (commonly known as the ‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et seq.); and
“(B) apply the excess to other authorized stewardship projects.
“(h) Monitoring and Evaluation.—
“(1) In general.—The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section.
“(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.
“(i) Reporting.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives 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.”
“(g) Designation and Supervision of Harvesting.—
“(1) In general.—Designation, including marking when necessary, designation by description, or designation by prescription, and supervision of harvesting of trees, portions of trees, or forest products shall be conducted by persons employed by the Secretary of Agriculture.
“(2) Requirement.—Persons employed by the Secretary of Agriculture under paragraph (1)—
“(A) shall have no personal interest in the purchase or harvest of the products; and
“(B) shall not be directly or indirectly in the employment of the purchaser of the products.
“(3) Methods for designation.—Designation by prescription and designation by description shall be considered valid methods for designation, and may be supervised by use of post-harvest cruise, sample weight scaling, or other methods determined by the Secretary of Agriculture to be appropriate.”