Good Neighbor Authority. As we discussed in the last issue of Legal Briefs for the Timber Industry, the 2014 Farm Xxxx (P.L. 113-79) authorized the Secretary of Agriculture (as well as the Secretary of the Interior) to enter into so-called Good Neighbor Agreements (GNA) with state governors. More specifically, § 8206 of P.L. 113-79, as supplemented by P.L. 113-76, authorizes the Secretary, via cooperative agreement or contract, as appropriate, to enter into a good neighbor agreement whereunder the State shall perform watershed restoration and protection services on National Forest System lands. The agreement may also (a) authorize the State to serve as the agent for the Forest Service in providing all services necessary to facilitate the performance of watershed restoration and protection services, and (b) permit the services to be performed to be conducted with subcontracts utilizing State contract procedures, i.e., with State timber sale procedures. The statute specifically provides that subsections (d) and (g) of Section 14 of the National Forest Management Act of 1976 (NFMA), i.e., 16 U.S.C. § 472a (d) and (g), relating to advertising sales of federal timber and marking the timber to be cut, do not apply to services to be performed by the State under the cooperative agreement or contract. Notably it does not, however, exempt Good Neighbor Agreements from other sections of the NFMA and its implementing regulations. That said, a State’s performing work on federal land that is normally done by the federal government (usually by awarding timber sale contracts) is, to say the least, unusual. Indeed, because, under such an arrangement, the State is being asked to perform what logically and historically is, and in substantial respects remains, a federal function, the Forest Service’s simply turning over such a project for the State to run with is an open invitation to litigation. Additionally, in those instances where the State is not merely a cooperator/collaborator with the Forest Service, but rather its full-blown agent, the State will stand squarely in the Forest Service’s shoes. Because it is hard to see how the Forest Service can, except as specifically provided for by statute or regulation, shed responsibilities and requirements imposed by statute/regulation, as the Forest Service’s agent, at least some of those responsibilities and requirements will fall on the State. This would almost certainly include the requirement for any dispute under the GNA timber sale contract (or at...
Good Neighbor Authority. 17 Section 8206 of the Agricultural Act of 2014 (16 18 U.S.C. 2113a) is amended— 19 (1) in subsection (a)(4)(A)— 20 (A) in clause (ii), by striking ‘‘and’’ at the 21 end; 22 (B) by redesignating clause (iii) as clause 23 (iv); 24 (C) by inserting after clause (ii) the fol- 25 lowing: 1 ‘‘(iii) activities conducted under sec- 3 tion Act of 2003;’’;
Good Neighbor Authority. The USDA Forest Service and the Tennessee Department of Agriculture Division of Forestry (TDF) have entered into a Good Neighbor Authority (GNA) master agreement to help conserve, protect and manage natural resources in the Cherokee National Forest. The intent of GNA is to allow the State to perform forest management activities on National Forest System Lands. The Agricultural Act of 2014 (Farm Xxxx) authorizes the Secretary of Agriculture and the Secretary of Interior to enter into agreements with states to carry out authorized restoration services on certain federal lands. Taking care of America’s lands and natural resources is a big job. No single organization can do it alone. The Good Neighbor Authority: Provides the ability to work across jurisdictional boundaries and treat the landscape in a mixed ownership setting i.e., all lands approach to landscape restoration. Fosters a collaborative approach to address land management challenges Provides the ability to leverage state resources to increase capacity to accomplish work on National Forest System lands Provides the opportunity to strengthen the Federal/State partnership What Does the Agreement Do? The agreement allows the TDF to perform forest management services in the Cherokee National Forest. The agreement carries a five year term that allows the Forest Service to work with TDF to develop and accomplish a variety of projects. Projects that can be accomplished under the agreement include watershed restoration and protection, forest health thinning, prescribed fire, forest planning, wildlife management and timber harvesting preparation. In exchange, the TDF can receive reimbursement for the work and receive added benefits of on-the-job skills training and experience for employees. Sometimes federal and state agencies have different constraints, requirements and guiding documents, but when it comes to on-the-ground management of our forests federal and state agencies can work together in the land’s best interest. June 11, 2019 On June 11, State Forester Xxxxx Xxxxxx and Cherokee National Forest Supervisor XxXxx Xxxxxx signed a Good Neighbor Authority Master Agreement. The master agreement sets the framework for doing work in the future. As funds are available and specific projects have been identified the Forest Service and TDF will work together to accomplish mutual natural resource objectives under the Good Neighbor Authority. Tennessee State Forester Xxxxx Xxxxxx (L) and XxXxx Xxxxxx Fo...
