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

<DOC>





                                                       Calendar No. 548
117th CONGRESS
  2d Session
                                S. 3046

                          [Report No. 117-197]

    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

                           November 15, 2022

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. ROOT AND STEM PROJECTS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Collaborative process.--The term 
        ``collaborative process'' means a process that--</DELETED>
                <DELETED>    (A) includes multiple interested persons 
                representing diverse interests; and</DELETED>
                <DELETED>    (B)(i) is transparent and nonexclusive; 
                or</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Federal land.--The term ``Federal land'' 
        means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) public lands (as defined in section 
                103 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1702)).</DELETED>
        <DELETED>    (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)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) that satisfies the requirements 
                described in subsections (c) and (d).</DELETED>
        <DELETED>    (5) Secretary concerned.--The term ``Secretary 
        concerned'' means, as applicable--</DELETED>
                <DELETED>    (A) the Secretary of Agriculture, acting 
                through the Chief of the Forest Service; or</DELETED>
                <DELETED>    (B) the Secretary of the Interior, acting 
                through the Director of the Bureau of Land 
                Management.</DELETED>
<DELETED>    (b) Authorization.--The Secretary concerned may enter into 
a contract or agreement with an eligible entity to conduct a Root and 
Stem project.</DELETED>
<DELETED>    (c) Requirements.--</DELETED>
        <DELETED>    (1) Period.--The period of a contract or agreement 
        entered into under subsection (b) may not exceed 10 
        years.</DELETED>
        <DELETED>    (2) Requests for proposals.--The Secretary 
        concerned, in coordination with State and local stakeholders, 
        shall--</DELETED>
                <DELETED>    (A) identify areas well-suited to conduct 
                Root and Stem projects; and</DELETED>
                <DELETED>    (B) issue requests for proposals for Root 
                and Stem projects, including, at a minimum--</DELETED>
                        <DELETED>    (i) the total acreage and 
                        boundaries of the proposed Root and Stem 
                        project area;</DELETED>
                        <DELETED>    (ii) the land management 
                        objectives of the applicable unit of Federal 
                        land to be achieved by the Root and Stem 
                        project; and</DELETED>
                        <DELETED>    (iii) monitoring and performance 
                        standards for the Root and Stem 
                        project.</DELETED>
<DELETED>    (d) Environmental Analyses and Project Design.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) after the applicable contract or 
                agreement is entered into under subsection (b); 
                and</DELETED>
                <DELETED>    (B) by an independent third party approved 
                by the Secretary concerned in accordance with paragraph 
                (2).</DELETED>
        <DELETED>    (2) Review and approval of independent third 
        parties.--The Secretary concerned shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) approve that independent third party 
                if the Secretary concerned determines that--</DELETED>
                        <DELETED>    (i) there is no conflict of 
                        interest described in subparagraph (A); 
                        and</DELETED>
                        <DELETED>    (ii) the approval is otherwise 
                        appropriate.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Collaborative process.--The Secretary 
        concerned shall ensure that a collaborative process is used to 
        design and implement a Root and Stem project.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) monitoring the integrity and 
                development of the environmental analyses for Root and 
                Stem projects;</DELETED>
                <DELETED>    (B) reviewing and approving an independent 
                third party under paragraph (2);</DELETED>
                <DELETED>    (C) ensuring compliance with paragraph 
                (5); and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (e) Judicial Review.--</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the date on which the Secretary 
                concerned issues a decision approving the Root and Stem 
                project.</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Root and Stem Project Authorization 
Act of 2022''.

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) 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)).
            (3) 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) List of Contractors.--The Secretary concerned shall--
            (1) maintain a list of non-Federal, third-party contractors 
        that the Secretary concerned can hire in each State to complete 
        the analysis described in subsection (c)(1); and
            (2) not later than 180 days after the date of enactment of 
        this Act, and every 3 years thereafter, submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Natural Resources of the House of Representatives a copy of 
        the list described in paragraph (1).
    (c) Agreements.--If a person submits to the Secretary concerned a 
proposal for a project on Federal land that was developed through a 
collaborative process and that meets local and rural community needs, 
the Secretary concerned may enter into an agreement with the person, 
under which--
            (1) the person initially provides to the Secretary 
        concerned all, or a portion of, the funding necessary to 
        complete any analysis that the Secretary concerned determines 
        to be necessary under Federal law, including the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
        for the consideration of the proposed project;
            (2) the Secretary concerned uses the funding provided under 
        paragraph (1) to pay a contractor included on the list 
        maintained under subsection (b)(1) to conduct the analysis 
        described in paragraph (1);
            (3) on completion of the analysis described in paragraph 
        (1), if the Secretary concerned makes a decision to proceed 
        with the project, the Secretary concerned--
                    (A) solicits bids to carry out the project; and
                    (B) enters into a contract or agreement under 
                section 604 of the Healthy Forests Restoration Act of 
                2003 (16 U.S.C. 6591c) to carry out the project; and
            (4) using any receipts described in subsection (d)(1), the 
        Secretary concerned, to the maximum extent practicable, repays 
        to the person the funding initially provided under paragraph 
        (1).
    (d) Additional Related Authorities.--
            (1) Use of receipts.--Any receipts that are generated by a 
        project described in subsection (c) that are normally deposited 
        in the General Fund of the Treasury shall be available for 
        expenditure by the Secretary concerned, without further 
        appropriation or fiscal year limitation, for the use described 
        in subsection (c)(4).
            (2) Contractors.--The Secretary concerned may 
        noncompetitively hire a contractor included on the list 
        maintained under subsection (b)(1) to conduct the analysis 
        described in subsection (c)(1).
    (e) Savings Clauses.--
            (1) Authority of the secretary concerned.--The Secretary 
        concerned shall--
                    (A) determine the sufficiency of any documents 
                prepared by a contractor under subsection (c)(2); and
                    (B) retain responsibility for any authorizing 
                decision relating to a proposed project described in 
                subsection (c).
            (2) Review and approval of independent third parties.--The 
        Secretary concerned shall verify that there is no conflict of 
        interest between--
                    (A) a person that submits a proposal under 
                subsection (c); and
                    (B) a contractor that the Secretary concerned hires 
                under paragraph (2) of that subsection to carry out an 
                analysis with respect to that proposal.
            (3) Administrative costs.--The Secretary concerned--
                    (A) shall only use the funding provided to the 
                Secretary concerned under subsection (c)(1) to pay a 
                contractor pursuant to subsection (c)(2); and
                    (B) shall not use any portion of the funding 
                provided to the Secretary concerned under subsection 
                (c)(1) to cover any other expense or cost incurred by 
                the Secretary concerned, including administrative 
                costs.
            (4) Limitations on reimbursements.--If insufficient 
        receipts are generated by a project described in subsection (c) 
        to reimburse the person that provided funding under paragraph 
        (1) of that subsection, the Secretary concerned shall not 
        provide additional funding to the person.
    (f) Promotion.--Not later than 60 days after the date of enactment 
of this Act, the Secretary concerned shall provide guidance to each 
local field office of the Secretary concerned for--
            (1) making stakeholders aware of the authority under this 
        Act; and
            (2) encouraging use of that authority to meet land 
        management goals.
    (g) Treatment of Collaborative Members.--For purposes of a civil 
action relating to a project described in subsection (c), any person 
that participated in the collaborative process to develop the proposal 
for the project shall be--
            (1) entitled to intervene, as of right, in any subsequent 
        civil action; and
            (2) considered to be a full participant in any settlement 
        negotiation relating to the project.
    (h) Sunset.--The requirements described in subsection (b) and the 
authority to enter into an agreement under subsection (c) shall expire 
on January 1, 2033.
                                                       Calendar No. 548

117th CONGRESS

  2d Session

                                S. 3046

                          [Report No. 117-197]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 15, 2022

                       Reported with an amendment