[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[Senate]
[Page S4643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3235. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 3224 proposed by Mr. Roberts (for himself and Ms. 
Stabenow) to the bill H.R. 2, to provide for the reform and 
continuation of agricultural and other programs of the Department of 
Agriculture through fiscal year 2023, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of part II of subtitle F of title VIII, add the 
     following:

     SEC. 863_. COLLABORATIVE PROJECTS.

       (a) Definitions.--In this section:
       (1) Collaborative process.--The term ``collaborative 
     process'' means the process described in section 603(b)(1)(C) 
     of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6591b(b)(1)(C)).
       (2) Lead objector.--The term ``lead objector'', with 
     respect to a filed objection that lists multiple individuals 
     or entities, means, as applicable, the individual or entity--
       (A) identified on the objection as the representative of 
     all other objectors for the purposes of communication, 
     written or otherwise, regarding the objection; or
       (B) designated under subsection (d)(1)(B)(ii).
       (3) Project.--The term ``project'' means any project 
     carried out by the Chief of the Forest Service that is 
     developed through a collaborative process, including--
       (A) an authorized hazardous fuel reduction project under 
     section 102 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6512); and
       (B) the Collaborative Forest Landscape Restoration Program 
     under section 4003(b) of the Omnibus Public Land Management 
     Act of 2009 (16 U.S.C. 7303(b)).
       (b) Civil Action.--Notwithstanding any other provision of 
     law, an individual or entity that files a predecisional 
     administrative objection to a project, or any portion of a 
     project, may only commence a civil action for review of the 
     project, subject to subsection (d).
       (c) Treatment of Collaborative Members.--For purposes of a 
     civil action for review of a project commenced under 
     subsection (b), any individual or entity that is recognized 
     by the Secretary as a member of the collaborative process for 
     that 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 regarding the project.
       (d) Administrative Remedies.--
       (1) Meetings required.--
       (A) In general.--Notwithstanding any other provision of 
     law, subject to subparagraph (C), on request by the 
     Secretary, an individual or entity or lead objector that 
     files a predecisional administrative objection regarding a 
     project, or any portion of a project, shall publicly meet 
     with the Secretary to resolve the objection before filing a 
     petition for review of the project with a court of competent 
     jurisdiction.
       (B) Multiple objectors.--
       (i) In general.--If multiple individuals or entities are 
     listed on an objection, on request for a meeting under 
     subparagraph (A), identification of the lead objector shall 
     be provided to the Secretary.
       (ii) Designation of lead objector.--If identification of 
     the lead objector is not provided under clause (i), the 
     Secretary shall designate the lead objector.
       (C) Telephone conferences.--The Secretary may elect, on a 
     limited, case-by-case basis, to hold a meeting under 
     subparagraph (A) through a telephone conference call, if the 
     Secretary determines an in-person meeting to be 
     impracticable.
       (D) Public participation.--The Secretary shall provide to 
     each individual or entity that is recognized by the Secretary 
     as a member of the collaborative process--
       (i) notice that a public meeting has been scheduled under 
     subparagraph (A); and
       (ii) an opportunity to comment at that public meeting.
       (2) Authority to dismiss.--The Secretary shall dismiss any 
     predecisional administrative objection if an objector or lead 
     objector fails to appear for a meeting scheduled under 
     paragraph (1)(A).
       (3) Treatment.--If an objection is dismissed under 
     paragraph (2), each individual or entity that filed the 
     objection shall be--
       (A) considered to have failed to exhaust administrative 
     remedies; and
       (B) ineligible to seek judicial review of the applicable 
     project.
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