[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3046 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3046

    To codify the authority of the Secretary of Agriculture and the 
  Secretary of the Interior to conduct certain landscape-scale forest 
             restoration projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

 Mr. Daines (for himself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To codify the authority of the Secretary of Agriculture and the 
  Secretary of the Interior to conduct certain landscape-scale forest 
             restoration projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Root and Stem Project Authorization 
Act of 2021''.

SEC. 2. ROOT AND STEM PROJECTS.

    (a) Definitions.--In this section:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a process that--
                    (A) includes multiple interested persons 
                representing diverse interests; and
                    (B)(i) is transparent and nonexclusive; or
                    (ii) meets the requirements for a resource advisory 
                committee under subsections (c) through (f) of section 
                205 of the Secure Rural Schools and Community Self-
                Determination Act of 2000 (16 U.S.C. 7125).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        private person or other public or private entity with which the 
        Secretary concerned enters into an agreement or contract under 
        section 604(b) of the Healthy Forests Restoration Act of 2003 
        (16 U.S.C. 6591c(b)).
            (3) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))); 
                and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)).
            (4) Root and stem project.--The term ``Root and Stem 
        project'' means a project under section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c)--
                    (A) proposed prior to completing the environmental 
                review process under the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) that satisfies the requirements described in 
                subsections (c) and (d).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means, as applicable--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; or
                    (B) the Secretary of the Interior, acting through 
                the Director of the Bureau of Land Management.
    (b) Authorization.--The Secretary concerned may enter into a 
contract or agreement with an eligible entity to conduct a Root and 
Stem project.
    (c) Requirements.--
            (1) Period.--The period of a contract or agreement entered 
        into under subsection (b) may not exceed 10 years.
            (2) Requests for proposals.--The Secretary concerned, in 
        coordination with State and local stakeholders, shall--
                    (A) identify areas well-suited to conduct Root and 
                Stem projects; and
                    (B) issue requests for proposals for Root and Stem 
                projects, including, at a minimum--
                            (i) the total acreage and boundaries of the 
                        proposed Root and Stem project area;
                            (ii) the land management objectives of the 
                        applicable unit of Federal land to be achieved 
                        by the Root and Stem project; and
                            (iii) monitoring and performance standards 
                        for the Root and Stem project.
    (d) Environmental Analyses and Project Design.--
            (1) In general.--The environmental analysis and review 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) for a Root and Stem project shall be conducted--
                    (A) after the applicable contract or agreement is 
                entered into under subsection (b); and
                    (B) by an independent third party approved by the 
                Secretary concerned in accordance with paragraph (2).
            (2) Review and approval of independent third parties.--The 
        Secretary concerned shall--
                    (A) review an independent third party selected by 
                an eligible entity carrying out a Root and Stem 
                project, including a review for any conflict of 
                interest between the independent third party and the 
                eligible entity; and
                    (B) approve that independent third party if the 
                Secretary concerned determines that--
                            (i) there is no conflict of interest 
                        described in subparagraph (A); and
                            (ii) the approval is otherwise appropriate.
            (3) Authority of secretary concerned.--Any decision 
        required to be made under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) with respect to a Root and 
        Stem project on Federal land shall be made by the Secretary 
        concerned.
            (4) Services under stewardship contracts.--In determining 
        the cost of services received under a contract or agreement 
        entered into under subsection (b) in accordance with section 
        604(d)(4)(A) of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6591c(d)(4)(A)), the Secretary concerned shall apply the 
        cost to the eligible entity associated with work performed to 
        develop and complete an environmental analysis under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) with respect to the applicable Root and Stem project.
            (5) Collaborative process.--The Secretary concerned shall 
        ensure that a collaborative process is used to design and 
        implement a Root and Stem project.
            (6) Oversight.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary concerned shall provide a 
        notification and guidance to each local field office of the 
        Forest Service and the Bureau of Land Management establishing a 
        process for--
                    (A) monitoring the integrity and development of the 
                environmental analyses for Root and Stem projects;
                    (B) reviewing and approving an independent third 
                party under paragraph (2);
                    (C) ensuring compliance with paragraph (5); and
                    (D) carrying out corrective actions if an eligible 
                entity carrying out a Root and Stem project does not 
                comply with this section or any other applicable 
                provision of law, including with respect to whether to 
                issue a decision notice and when to require changes or 
                additions to the environmental analysis if appropriate.
    (e) Judicial Review.--
            (1) In general.--Section 106 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6516) shall apply to the 
        judicial review of a Root and Stem project in the same manner 
        as that section applies to the judicial review of an authorized 
        hazardous fuel reduction project (as defined in section 101 of 
        that Act (16 U.S.C. 6511)).
            (2) Statute of limitations.--No legal action challenging a 
        Root and Stem project or any activity under a Root and Stem 
        project may be brought more than 120 days after the later of--
                    (A) the date on which the Secretary concerned 
                provides public notice of the award of a contract or 
                agreement to carry out the Root and Stem project; and
                    (B) the date on which the Secretary concerned 
                issues a decision approving the Root and Stem project.
            (3) Injunctions.--A court shall not enjoin a Root and Stem 
        project authorized under this section that is developed and 
        implemented through a collaborative process if the court 
        determines that the plaintiff is unable to demonstrate that the 
        claim of the plaintiff is likely to succeed on the merits.
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