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1 1 (October 05, 2020)

handle is hein.crs/govdccg0001 and id is 1 raw text is: The Good Neighbor Authority October 5, 2020 The Good Neighbor Authority allows the Forest Service (FS) and the Bureau of Land Management (BLM) to authorize states, counties, and federally recognized Indian tribes to conduct certain projects on federal lands in pursuit of specified land management goals (16 U.S.C. §2113a). The Good Neighbor Authority allows FS and BLM to collaborate with these groups to plan and execute cross- jurisdictional restoration work. The Good Neighbor Authority was expanded in 2018, which broadened the possible partners and uses of the authority. The Good Neighbor Authority generally has been perceived as successful, particularly in enhancing state-federal relationships and addressing cross-boundary land restoration needs. Some provisions of the 2018 expansion, particularly those regarding treatment of timber revenues, have generated concern. This In Focus provides background information, statistics on use, and a brief overview of the issues, including those related to timber sales and revenues. Congress originally authorized the Good Neighbor Authority in 2001 as a pilot program for FS lands in Colorado (P.L. 106-291, §331) and later expanded the pilot to include BLM lands in Colorado and FS lands in Utah (P.L. 108-447, §§336-337). In 2014, Congress passed the Good Neighbor Authority permanently into law (P.L. 113- 79, §8206). The permanent authority applied only to states. Congress also temporarily extended and expanded a version of the law in 2014 (P.L. 113-76, §417), which differed in its requirements and was superseded by the permanent authorization. In 2018, Congress expanded the authority to include counties, groups of counties, and federally recognized Indian tribes (referred to as counties and tribes herein). Congress also authorized states to retain funds from timber sales made under the Good Neighbor Authority, subject to certain conditions (P.L. 115-334, §8624). Congress also authorized certain road restoration activities (P.L. 115-141, §212). The Good Neighbor Authority allows states, counties, and tribes to enter into a Good Neighbor Agreement (GNA) with FS or BLM to perform forest, rangeland, and watershed restoration work on the federal land managed by those agencies. Authorized restoration services include * treating insect- and disease-infested trees; * reducing hazardous fuels; * any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat; and reconstruction, restoration, and repair of decommissioned National Forest System (NFS) roads (defined at 36 C.F.R. §212.1) if necessary to implement authorized forest restoration services. Authorized restoration services could include timber harvesting, hazardous fuels treatment, tree planting or seeding, and other activities. For the purposes of the Good Neighbor Authority, federal land does not include designated wilderness areas, wilderness study areas, or areas where removal of vegetation is prohibited by an act of Congress or by presidential proclamation. Construction, reconstruction, repair, and other works involving buildings, public works, and non-NFS roads are not permitted. GNAs may be structured in several ways. The parties may enter into a cooperative agreement or contract called a Master Agreement (MA), which outlines the general scope of the GNA and describes the collaborative framework between the federal agency and the partner. MAs serve as an umbrella for Supplemental Project Agreements (SPAs), which outline the specific terms and conditions for implementation of individual projects. Partners also may enter into stand-alone agreements, which fulfill both functions for the purpose of a single project. GNA duration is not addressed in statute. There is no limit to the number or kind of GNAs a partner may enter into, including entering into multiple MAs. Although GNAs may allow for any number of authorized activities, many GNAs emphasize a specific project type or purpose. For example, a state's Department of Forestry and Department of Fish and Game may each enter into separate MAs with FS. The state's Department of Forestry might then enter into SPAs pursuant to its MA to perform hazardous fuels reduction or commercial timber harvests on FS lands. The state's Department of Fish and Game might then enter into SPAs under its MA to perform habitat improvement projects on FS lands. In addition, the state's Department of Water Resources might enter into a stand- alone agreement with FS to perform a watershed restoration project. Since the Good Neighbor Authority's initial passage, states have increasingly adopted use of GNAs with both FS and BLM, and the majority of states have entered into GNAs. Although the data below are not directly equivalent, FS has far more GNAs than BLM. FS reports the number of active GNAs, which are GNAs that are in effect in a given fiscal year, regardless of when they were initiated. In FY2019, FS had 57 active MAs with 36 states and 100 SPAs, compared with 44 active MAs with 34 states in FY2018. FS had 78 active stand-alone gognpo ' -pmm ggmm g 's a X

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