[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.
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