[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10102-S10103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ROOT AND STEM PROJECT AUTHORIZATION ACT OF 2022

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 548, S. 3046.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which was reported from the Committee on Energy and Natural Resources 
with an amendment to strike all after the enacting clause and insert 
the part printed in italic as follows:

     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

[[Page S10103]]

     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.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
agreed to.
  The bill (S. 3046), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________