Chapter 84, Subchapter VI, Section 6591c, Subsection (d) · 16 U.S.C. Chapter 84

Contents

(d)

(1)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)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)

(A)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.

(B)The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years.

(4)

(A)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)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)Notwithstanding subsections (d) and (g) of section 472a of this title, the Chief may enter into an agreement or contract under subsection (b). Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)),1 the Director may enter into an agreement or contract under subsection (b).

(6)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)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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 44

Show every defined term

acreage owned by Indian tribes
includes—
applicable period
means—
applied silvicultural assessment
means any vegetative or other treatment carried out for information gathering and research purposes.
at-risk community
means an area—
authorized emergency action
means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land.
authorized hazardous fuel reduction project
includes, using the measures and methods described in subparagraph (A), the installation of—
Chief
means the Chief of the Forest Service.
Chiefs
means the Chief of the Forest Service and the Chief of the Natural Resources Conservation Service.
community wildfire protection plan
means a plan for an at-risk community that—
covered project
means an authorized hazardous fuel reduction project carried out on land described in paragraph (1), (2), (3), or (5) of subsection (a).
covered vegetation management activity
means any activity described in subparagraph (B) that—
day
means—
decision document
means—
declining forest health
means a forest that is experiencing—
Director
means the Director of the Bureau of Land Management.
eligible activity
means an activity—
emergency situation
means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results:
emergency situation determination
means a determination made by the Secretary under subsection (b)(1)(A).
end water user
means a non-Federal entity, including—
Federal land
means—
fire regime I
means an area—
fire regime II
means an area—
fire regime III
means an area—
forest management activity
means a project carried out by the Secretary on National Forest System land.
forest plan
means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 1604 of this title.
forest-damaging insect
means—
hazardous fuel reduction project
means a hazardous fuel reduction project described in paragraph (2).
Implementation Plan
means the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, dated May 2002, developed pursuant to the conference report to accompany the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106–64) 1 (and subsequent revisions).
Indian tribe
has the meaning given the term in section 5304 of title 25.
land and resource management plan
means a plan developed under section 1604 of this title.
management direction
means definitions, designations, standards, guidelines, goals, or objectives established for an old growth stand under a resource management plan developed in accordance with applicable law, including section 1604(g)(3)(B) of this title.
municipal water supply system
means the reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, and other surface facilities and systems constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water.
National Forest System land
means land of the National Forest System (as defined in section 1609(a) of this title).
non-Federal land
includes—
non-Federal partner
means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).
old growth stand
has the meaning given the term under management direction used pursuant to paragraphs (3) and (4), based on the structure and composition characteristic of the forest type, and in accordance with applicable law, including section 1604(g)(3)(B) of this title.
Program
means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1).
resource management plan
means—
Secretary
means the Secretary of Agriculture.
Secretary concerned
means—
temporary road
means a road that is—
threatened and endangered species habitat
means Federal land identified in—
water source management plan
means the water source management plan developed under subsection (d)(1).
wildland-urban interface
has the meaning given the term in section 6511 of this title.