SA 3758. Mr. SMITH (for himself, Mr. BARRASSO, and Mr. DOMENICI) submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:
SEC. __X. FEDERAL AND STATE COOPERATIVE FOREST, RANGELAND, AND WATERSHED RESTORATION AND PROTECTION.
(a) Definitions.--In this section:
(1) ELIGIBLE STATE.--The term ``eligible State'' means a State that contains National Forest System land or Bureau of Land Management land located west of the 100th meridian.
(2) SECRETARY.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to National Forest System land; or
(B) the Secretary of the Interior, with respect to Bureau of Land Management land.
(3) STATE FORESTER.--The term ``State forester'' means the head of a State agency with jurisdiction over State forest land in an eligible State.
(b) Cooperative Agreements and Contracts.--
(1) IN GENERAL.--The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State if similar and complementary restoration and protection services are being provided by the State forester
on adjacent State or private land.
(2) AUTHORIZED SERVICES.--The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of--
(A) activities to treat insect infected trees;
(B) activities to reduce hazardous fuels; and
(C) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
(3) STATE AS AGENT.--Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under paragraph (1).
(4) SUBCONTRACTS.--In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1).
(5) TIMBER SALES.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1).
(6) RETENTION OF NEPA RESPONSIBILITIES.--Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this section by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State.
(7) APPLICABLE LAW.--The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable.
(c) Termination of Effectiveness.--
(1) IN GENERAL.--The authority of the Secretary to enter into cooperative agreements and contracts under this section terminates on September 30, 2012.
(2) CONTRACT DATE.--The termination date of a cooperative agreement or contract entered into under this section shall not extend beyond September 30, 2013.


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)