Legislation Authorizing Stewardship Contracting for Pilot Projects

Public Law 107-63, H.R.2217,
FY 2002 Appropriations Act for Interior and Related Agencies

SEC. 332. Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999, as included in Public Law 105-277, is amended by striking '2002' and inserting '2004'. The authority to enter into stewardship and end result contracts provided to the Forest Service in accordance with section 347 of title III of section 101(e) of division A of Public Law 105-277 s hereby expanded to authorize the Forest Service to enter into an additional 28 contracts subject to the same terms and conditions as provided in that section: Provided, That of the additional contracts authorized by this section at least 9 shall be allocated to Region 1 and at least 3 to Region 6.

Public Law 106-291, H.R. 4578
FY 2001 Appropriations Act for Interior and Related Agencies

SEC. 338. The authority to enter into stewardship and end result contracts provided to the Forest Service in accordance with section 347 of title III of section 101(e) of division A of Public Law 105-825 is hereby expanded to authorize the Forest Service to enter into an additional 28 contracts subject to the same terms and conditions as provided in that section: Provided, That of the additional contracts authorized by this section at least 9 shall be allocated to Region 1 and at least 3 to Region 6.

Public Law 106-113, H.R. 3194

(An act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes.)

Sec. 341. Section 347 of title III of section 101(e) of division A of Public Law 105-277 is hereby amended--

(1) in subsection (a)--

(A) by inserting ", via agreement or contract as appropriate," before "may enter into" and
(B) by striking "(28) contracts with private persons and" and inserting "(28) stewardship contracting demonstration pilot projects with private persons or other public or private"

(2) in subsection (b), by striking "contract" and inserting "project"

(3) in subsection (c)--

(A) in the heading, by inserting "Agreements or" before "Contracts"
(B) in paragraph (1)--

(i) by striking "a contract" and inserting "an agreement or contract" and
(ii) by striking "private contracts" and inserting "private agreements or contracts"

(C) in paragraph (3), by inserting "agreement or" before "contracts" and
(D) in paragraph (4), by inserting "agreement or" before "contracts"

(4) in subsection (d)--

(A) in paragraph (1), by striking "a contract" and inserting "an agreement or contract" and
(B) in paragraph (2), by striking "a contract" and inserting "an agreement or contract" and

(5) in subsection (g)--

(A) in the first sentence by striking "contract" and inserting "pilot project" and
(B) in the last sentence--

(i) by inserting "agreements or" before "contracts" and
(ii) by inserting "agreements or" before "contract".

Public Law 105-277, H.R. 4328

FY 1999 Omnibus Consolidated Appropriations Act, as amended by Section 341 of P.L. 106-113 (2000)

SEC. 347. Stewardship End Result Contracting Demonstration Project.

(a) IN GENERAL. - Until September 30, 2002, the Forest Service, via agreement or contract as appropriate, may enter into no more than twenty-eight (28) stewardship contracting demonstration pilot projects with private persons or other public or private entities , of which Region One of the Forest Service shall have the authority to enter into nine (9) such projects, to perform services to achieve land management goals for the national forests that meet local and rural community needs.

(b) LAND MANAGEMENT GOALS. - The land management goals of a project under subsection (a) may include, among other things -

(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 improve wildlife habitat;
(4) noncommercial cutting or removing of trees or other activities to promote healthy forest stands, reduce fire hazards, or achieve other non-commercial objectives;
(5) watershed restoration and maintenance;
(6) restoration and maintenance of wildlife and fish habitat; and
(7) control of noxious and exotic weeds and reestablishing native plant species.

(c) AGREEMENTS OR CONTRACTS. -

(1) PROCUREMENT PROCEDURE. - A source for performance of an agreement or contract under subsection (a) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts.
(2) TERM. - A multiyear contract may be entered into under subsection (a) in accordance with section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c), except that the period of the contract may exceed 5 years but may not exceed 10 years.
(3) OFFSETS. - 

(A) IN GENERAL. - In connection with agreements or contracts under subsection (a), the Forest Service may apply the value of timber or other forest products removed as an offset against the cost of services received.
(B) METHODS OF APPRAISAL. - The value of timber or other forest products used as offsets under subparagraph (A) -

(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed;
(ii) may be determined using a unit of measure appropriate to the contracts; and
(iii) may include valuing products on a per-acre basis.

(4) RELATION TO OTHER LAWS. - The Forest Service may enter into agreements or contracts under subsection (a), notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).

(d) RECEIPTS. -

(1) IN GENERAL. - The Forest Service may collect monies from an agreement or contract under subsection (a) so long as collection is a secondary objective of negotiating contracts that will best achieve the purposes of this section.
(2) USE. - Monies from an agreement or contract under subsection (a) may be retained by the Forest Service and shall be available for expenditure without further appropriation at the demonstration project site from which the monies are collected or at another demonstration project site.
(3) RELATION TO OTHER LAWS. - The value of services received by the Secretary under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor or the Secretary under such a project, shall not be considered to be monies received from the National Forest System under any provision of law. The Act of June 9, 1930 (16 U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg Act), shall not apply to stewardship contracts entered into under this section.

(e) COSTS OF REMOVAL. - The Forest Service may collect deposits from contractors covering the costs of removal of timber or other forest products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter 313; 16 U.S.C. 490); and the next to the last paragraph under the heading "Forest Service" under the heading "Department of Agriculture" in the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that the timber purchasers did not harvest the timber.

(f) PERFORMANCE AND PAYMENT GUARANTEES. -

(1) IN GENERAL. - The Forest Service may require performance and payment bonds, in accordance with sections 103-2 and 103-2 of part 28 of the Federal Acquisition Regulation (48 C.F.R. 28.103-2, 28.103-3), in an amount that the contracting officer considers sufficient to protect the government's investment in receipts generated by the contractor from the estimated value of the forest products to be removed under contract under subsection (a).
(2) EXCESS OFFSET VALUE. - If the offset value of the forest products exceeds the value of the resource improvement treatments, the Forest Service may -

(A) collect any residual receipts pursuant to the Act of June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 572b); and
(B) apply the excess to other authorized stewardship demonstration projects.

(g) MONITORING, EVALUATION AND REPORTING. - The Forest Service shall establish a multiparty monitoring and evaluation process that accesses each individual stewardship pilot project conducted under this section. Besides the Forest Service, participants in this process may include any cooperating governmental agencies, including tribal governments, and any interested groups or individuals. The Forest Service shall report annually to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate on -

(1) the status of development, execution, and administration of agreements or contracts under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the role of local communities in development of agreement or contract plans.