Definitions
Chief
The term “Chief” means the Chief of the Forest Service.
Director
The term “Director” means the Director of the Bureau of Land Management.
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.
Land management goals
Agreements or contracts
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.
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.
Term
In general
section 3903 of title 41Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with .
Maximum
The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years.
Offsets
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).
Methods of appraisal
Relation to other laws
section 472a of this title30 U.S.C. 602(a)1
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).
Fire liability provisions
Receipts
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.
Use
Relation to other laws
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.
2 2 So in original. Probably should be “Knutson-Vandenberg”. Knutson-Vanderberg Act
216 U.S.C. 576The Act of (commonly known as the “Knutson-Vanderberg Act”) ( et seq.) shall not apply to any agreement or contract under subsection (b).
Costs of removal
Performance and payment guarantees
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).
Excess offset value
Cancellation ceilings
In general
section 3903(b)(1) of title 41Notwithstanding , the Chief and the Director may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under subsection (b).
Advance notice to Congress of cancellation ceiling in excess of $25,000,000
Transmittal of notice to OMB
Not later than 14 days after the date on which written notice is provided under paragraph (2), the Chief or the Director, as appropriate, shall transmit a copy of the notice to the Director of the Office of Management and Budget.
Monitoring and evaluation
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.
Participants
Reporting
Pub. L. 108–148, title VI, § 604Pub. L. 113–79, title VIII, § 8205(a)128 Stat. 918 Pub. L. 115–31, div. G, title IV, § 422131 Stat. 499 Pub. L. 115–141, div. O, title II132 Stat. 1064 (, as added , , ; amended , , ; , §§ 204–206, , , 1065.)
Editorial Notes
References in Text
act July 31, 1947, ch. 406 61 Stat. 681 Section 602(a) of Title 30section 601 of Title 30The Materials Act of 1947, referred to in subsec. (d)(5), is , , which is classified generally to subchapter I (§ 601 et seq.) of chapter 15 of Title 30, Mineral Lands and Mining. is section 2(a) of the Act. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act June 9, 1930, ch. 416 46 Stat. 527 section 576 of this titleThe Act of , referred to in subsec. (e)(3)(B), is , , popularly known as the Knutson-Vandenberg Act, which is classified generally to sections 576, 576a, and 576b of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 490 of this title16 U.S.C. 490act Aug. 11, 1916, ch. 313 39 Stat. 462 section 490 of this title, referred to in subsec. (f)(1), was in the original “the Act of ()”, and was translated as referring to the undesignated provisions appearing in , , which are classified to .
Section 498 of this title16 U.S.C. 498act June 30, 1914, ch. 131 38 Stat. 430 section 498 of this title, referred to in subsec. (f)(2), was in the original “the Act of ()”, and was translated as referring to the undesignated provisions appearing in , , which are classified to .
Amendments
Pub. L. 115–141, § 2052018—Subsec. (g)(2). , added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
16 U.S.C. 576“(A) collect any residual receipts under the Act of (commonly known as the “Knutson-Vanderberg Act”) ( et seq.); and
“(B) apply the excess to other authorized stewardship projects.”
Pub. L. 115–141, § 204Subsecs. (h), (i). , added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 115–141Subsec. (j). , §§ 204(1), 206, redesignated subsec. (i) as (j) and substituted “submit to the congressional committees described in subsection (h)(2) a report” for “report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives” in introductory provisions.
Pub. L. 115–31, § 422(1)30 U.S.C. 602(a)2017—Subsec. (d)(5). , inserted at end “Notwithstanding the Materials Act of 1947 (), the Director may enter into an agreement or contract under subsection (b).”
Pub. L. 115–31, § 422(2)Subsec. (d)(7). , struck out “and the Director” after “the Chief” in introductory provisions.
Statutory Notes and Related Subsidiaries
20-Year Stewardship Contracting
Pub. L. 115–141, div. O, title II, § 207132 Stat. 1065
In General .—
Preference .—
Definitions
Pub. L. 115–141, div. O, title II, § 201132 Stat. 1062