Update and Reissuance of the Good Neighbor Authority Policy Guidance

The GNA authorizes the Bureau of Land Management (BLM) to enter into an agreement or contract (including sole source) to perform qualifying projects. 

As provided in the authorizing statutes (16 U.S.C. 2113a and 16 U.S.C. 8571), for a project to qualify for GNA, the following criteria must be met (refer to Attachment 1 for further explanation of GNA requirements and implementation procedures).

1. The project consists of: 

   a. Authorized Restoration Services, which include: treatment of insect and disease infected trees, hazardous fuels reduction, or any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.

   b. Authorized Recreation Enhancement or Improvement Services, which include: establishing, repairing, restoring, improving, relocating, constructing, or reconstructing new or existing— 

(i) trails or trailheads; 

(ii) campgrounds and camping areas; 

(iii) cabins; 

(iv) picnic areas or other day use areas; 

(v) shooting ranges; 

(vi) restroom or shower facilities; 

(vii) paved or permanent roads or parking areas that serve existing recreation facilities or areas; 

(viii) fishing piers, wildlife viewing platforms, docks, or other constructed features at a recreation site; 

(ix) boat landings; 

(x) hunting or fishing sites; 

(xi) infrastructure within ski areas; or 

(xii) visitor centers or other interpretative sites; and 

(xiii) activities that create, improve, or restore access to existing recreation facilities or areas.

2. The agreement or contract is with an entity of state or county government or an Indian tribe. These entities will herein be referred to as cooperating entities. 
3. A project for Authorized Restoration Services does not include construction, reconstruction, repair, or restoration of paved or permanent roads or parking areas, other than the reconstruction, repair, or restoration of a BLM-managed road that is necessary to carry out authorized restoration services pursuant to a good neighbor agreement; or the construction, alteration, repair or replacement of public buildings or public works.
4. A project for Authorized Restoration Services does not include public lands that have the following designations: National Wilderness Preservation System, where removal of vegetation is prohibited or restricted by Act of Congress or Presidential Proclamation including the applicable implementation plan, or Wilderness Study Areas.
5. The BLM provides or approves all silviculture prescriptions and marking guidelines for projects that include the sale of forest products.
6. Although the agreement or contract may allow a cooperating entity to provide National Environmental Policy Act (NEPA) services and site surveys, the decision to authorize a project remains the responsibility of the BLM and cannot be delegated. 

A GNA project constitutes the use of one or more of the following authorizations:

1. A sole source contract, a cooperative agreement citing a GNA Notice of Funding Opportunity (NOFO), or a single source with a Notice of Intent (NOI) to award to a state government entity, county entity, or Indian Tribe. (Stewardship contracting cannot be used in conjunction with GNA).
2. A contract or agreement where the cooperating entity is serving as an agent in providing up to all services necessary to carry out Authorized Restoration Services or Authorized Recreation Enhancement or Improvement Services.
3. A contract or agreement with a state government entity, county entity, or Indian tribe that authorizes the sale of timber and may allow the cooperating entity to retain receipts from the sale of the timber or other forest products. The cooperating entity may use the retained receipts to fund authorized restoration services or authorized recreation enhancement or improvement services under the existing GNA project or another authorized GNA project. Notwithstanding 2 CFR 200.307 regulations pertained to program income, the Good Neighbor Authority in 16 USC 2113a (b)(2)(C) authorizes the cooperating entity to collect and retain receipts from the sale of timber or other forest products regardless of the expiration of the GNA contract or agreement. The authority to award new contracts or agreements that authorized the cooperating entity to collect and retain receipts from the sale of timber or other forest products expires on October 1, 2028, or other later date as authorized by law. Existing agreements with retained receipts provisions will continue as awarded, and the expiration of the authority does not require the BLM to collect balances the cooperating entity collected pursuant this provision.

GNA applicability:

1. The authorizing statutes specify that GNA applies to Federal land, non-Federal land, and land owned by an Indian tribe. Under this authority, funds may be used for GNA projects on non-BLM-managed lands if the project directly benefits BLM-managed lands.

This policy is also expanding limit on the period of performance for GNA agreements up to 10 years. Managers are encouraged to utilize this new 10-year policy to facilitate long-term partnerships to enhance restoration and recreation programs (refer to Attachment 1 for 10-year guidance). Use Exhibit 1 of Attachment 1, which is part of this policy, to certify that a project is consistent with this GNA authority.