II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Root and Stem Project 

3 Authorization Act of 2021’’. 

4 SEC. 2. ROOT AND STEM PROJECTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) COLLABORATIVE PROCESS.—The term ‘‘col7 laborative process’’ means a process that— 

8 (A) includes multiple interested persons 

9 representing diverse interests; and 

10 (B)(i) is transparent and nonexclusive; or 

11 (ii) meets the requirements for a resource 

12 advisory committee under subsections (c) 

13 through (f) of section 205 of the Secure Rural 

14 Schools and Community Self-Determination Act 

15 of 2000 (16 U.S.C. 7125). 

16 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means a private person or other public or private 

18 entity with which the Secretary concerned enters 

19 into an agreement or contract under section 604(b) 

20 of the Healthy Forests Restoration Act of 2003 (16 

21 U.S.C. 6591c(b)). 

22 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

23 means— 

24 (A) land of the National Forest System (as 

25 defined in section 11(a) of the Forest and 


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1 Rangeland Renewable Resources Planning Act 

2 of 1974 (16 U.S.C. 1609(a))); and 

3 (B) public lands (as defined in section 103 

4 of the Federal Land Policy and Management 

5 Act of 1976 (43 U.S.C. 1702)). 

6 (4) ROOT AND STEM PROJECT.—The term 

7 ‘‘Root and Stem project’’ means a project under sec8 tion 604 of the Healthy Forests Restoration Act of 

9 2003 (16 U.S.C. 6591c)— 

10 (A) proposed prior to completing the envi11 ronmental review process under the National 

12 Environmental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.); and 

14 (B) that satisfies the requirements de15 scribed in subsections (c) and (d). 

16 (5) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means, as applicable— 

18 (A) the Secretary of Agriculture, acting 

19 through the Chief of the Forest Service; or 

20 (B) the Secretary of the Interior, acting 

21 through the Director of the Bureau of Land 

22 Management. 

23 (b) AUTHORIZATION.—The Secretary concerned may 

24 enter into a contract or agreement with an eligible entity 

25 to conduct a Root and Stem project. 


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1 (c) REQUIREMENTS.— 

2 (1) PERIOD.—The period of a contract or 

3 agreement entered into under subsection (b) may 

4 not exceed 10 years. 

5 (2) REQUESTS FOR PROPOSALS.—The Sec6 retary concerned, in coordination with State and 

7 local stakeholders, shall— 

8 (A) identify areas well-suited to conduct 

9 Root and Stem projects; and 

10 (B) issue requests for proposals for Root 

11 and Stem projects, including, at a minimum— 

12 (i) the total acreage and boundaries of 

13 the proposed Root and Stem project area; 

14 (ii) the land management objectives of 

15 the applicable unit of Federal land to be 

16 achieved by the Root and Stem project; 

17 and 

18 (iii) monitoring and performance 

19 standards for the Root and Stem project. 

20 (d) ENVIRONMENTAL ANALYSES AND PROJECT DE21 SIGN.— 

22 (1) IN GENERAL.—The environmental analysis 

23 and review under the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.) for a Root and 

25 Stem project shall be conducted— 


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1 (A) after the applicable contract or agree2 ment is entered into under subsection (b); and 

3 (B) by an independent third party ap4 proved by the Secretary concerned in accord5 ance with paragraph (2). 

6 (2) REVIEW AND APPROVAL OF INDEPENDENT

7 THIRD PARTIES.—The Secretary concerned shall— 

8 (A) review an independent third party se9 lected by an eligible entity carrying out a Root 

10 and Stem project, including a review for any 

11 conflict of interest between the independent 

12 third party and the eligible entity; and 

13 (B) approve that independent third party 

14 if the Secretary concerned determines that— 

15 (i) there is no conflict of interest de16 scribed in subparagraph (A); and 

17 (ii) the approval is otherwise appro18 priate. 

19 (3) AUTHORITY OF SECRETARY CONCERNED.— 

20 Any decision required to be made under the Na21 tional Environmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.) with respect to a Root and Stem 

23 project on Federal land shall be made by the Sec24 retary concerned. 


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1 (4) SERVICES UNDER STEWARDSHIP CON2 TRACTS.—In determining the cost of services re3 ceived under a contract or agreement entered into 

4 under subsection (b) in accordance with section 

5 604(d)(4)(A) of the Healthy Forests Restoration Act 

6 of 2003 (16 U.S.C. 6591c(d)(4)(A)), the Secretary 

7 concerned shall apply the cost to the eligible entity 

8 associated with work performed to develop and com9 plete an environmental analysis under the National 

10 Environmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.) with respect to the applicable Root and 

12 Stem project. 

13 (5) COLLABORATIVE PROCESS.—The Secretary 

14 concerned shall ensure that a collaborative process is 

15 used to design and implement a Root and Stem 

16 project. 

17 (6) OVERSIGHT.—Not later than 60 days after 

18 the date of enactment of this Act, the Secretary con19 cerned shall provide a notification and guidance to 

20 each local field office of the Forest Service and the 

21 Bureau of Land Management establishing a process 

22 for— 

23 (A) monitoring the integrity and develop24 ment of the environmental analyses for Root 

25 and Stem projects; 


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1 (B) reviewing and approving an inde2 pendent third party under paragraph (2); 

3 (C) ensuring compliance with paragraph 

4 (5); and 

5 (D) carrying out corrective actions if an el6 igible entity carrying out a Root and Stem 

7 project does not comply with this section or any 

8 other applicable provision of law, including with 

9 respect to whether to issue a decision notice 

10 and when to require changes or additions to the 

11 environmental analysis if appropriate. 

12 (e) JUDICIAL REVIEW.— 

13 (1) IN GENERAL.—Section 106 of the Healthy 

14 Forests Restoration Act of 2003 (16 U.S.C. 6516) 

15 shall apply to the judicial review of a Root and Stem 

16 project in the same manner as that section applies 

17 to the judicial review of an authorized hazardous 

18 fuel reduction project (as defined in section 101 of 

19 that Act (16 U.S.C. 6511)). 

20 (2) STATUTE OF LIMITATIONS.—No legal action 

21 challenging a Root and Stem project or any activity 

22 under a Root and Stem project may be brought 

23 more than 120 days after the later of— 

24 (A) the date on which the Secretary con25 cerned provides public notice of the award of a 


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1 contract or agreement to carry out the Root 

2 and Stem project; and 

3 (B) the date on which the Secretary con4 cerned issues a decision approving the Root and 

5 Stem project. 

6 (3) INJUNCTIONS.—A court shall not enjoin a 

7 Root and Stem project authorized under this section 

8 that is developed and implemented through a col9 laborative process if the court determines that the 

10 plaintiff is unable to demonstrate that the claim of 

11 the plaintiff is likely to succeed on the merits. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Root and Stem Project 

14 Authorization Act of 2022’’. 

15 SEC. 2. ROOT AND STEM PROJECTS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COLLABORATIVE PROCESS.—The term ‘‘col18 laborative process’’ means a process that— 

19 (A) includes multiple interested persons rep20 resenting diverse interests; and 

21 (B)(i) is transparent and nonexclusive; or 

22 (ii) meets the requirements for a resource 

23 advisory committee under subsections (c) through 

24 (f) of section 205 of the Secure Rural Schools 


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1 and Community Self-Determination Act of 2000 

2 (16 U.S.C. 7125). 

3 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

4 means— 

5 (A) land of the National Forest System (as 

6 defined in section 11(a) of the Forest and Range7 land Renewable Resources Planning Act of 1974 

8 (16 U.S.C. 1609(a))); and 

9 (B) public lands (as defined in section 103 

10 of the Federal Land Policy and Management Act 

11 of 1976 (43 U.S.C. 1702)). 

12 (3) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means, as applicable— 

14 (A) the Secretary of Agriculture, acting 

15 through the Chief of the Forest Service; or 

16 (B) the Secretary of the Interior, acting 

17 through the Director of the Bureau of Land 

18 Management. 

19 (b) LIST OF CONTRACTORS.—The Secretary concerned 

20 shall— 

21 (1) maintain a list of non-Federal, third-party 

22 contractors that the Secretary concerned can hire in 

23 each State to complete the analysis described in sub24 section (c)(1); and 


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1 (2) not later than 180 days after the date of en2 actment of this Act, and every 3 years thereafter, sub3 mit to the Committee on Energy and Natural Re4 sources of the Senate and the Committee on Natural 

5 Resources of the House of Representatives a copy of 

6 the list described in paragraph (1). 

7 (c) AGREEMENTS.—If a person submits to the Sec8 retary concerned a proposal for a project on Federal land 

9 that was developed through a collaborative process and that 

10 meets local and rural community needs, the Secretary con11 cerned may enter into an agreement with the person, under 

12 which— 

13 (1) the person initially provides to the Secretary 

14 concerned all, or a portion of, the funding necessary 

15 to complete any analysis that the Secretary concerned 

16 determines to be necessary under Federal law, includ17 ing the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.) and the Endangered Species 

19 Act of 1973 (16 U.S.C. 1531 et seq.), for the consider20 ation of the proposed project; 

21 (2) the Secretary concerned uses the funding pro22 vided under paragraph (1) to pay a contractor in23 cluded on the list maintained under subsection (b)(1) 

24 to conduct the analysis described in paragraph (1); 


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1 (3) on completion of the analysis described in 

2 paragraph (1), if the Secretary concerned makes a de3 cision to proceed with the project, the Secretary con4 cerned— 

5 (A) solicits bids to carry out the project; 

6 and 

7 (B) enters into a contract or agreement 

8 under section 604 of the Healthy Forests Res9 toration Act of 2003 (16 U.S.C. 6591c) to carry 

10 out the project; and 

11 (4) using any receipts described in subsection 

12 (d)(1), the Secretary concerned, to the maximum ex13 tent practicable, repays to the person the funding ini14 tially provided under paragraph (1). 

15 (d) ADDITIONAL RELATED AUTHORITIES.— 

16 (1) USE OF RECEIPTS.—Any receipts that are 

17 generated by a project described in subsection (c) that 

18 are normally deposited in the General Fund of the 

19 Treasury shall be available for expenditure by the 

20 Secretary concerned, without further appropriation or 

21 fiscal year limitation, for the use described in sub22 section (c)(4). 

23 (2) CONTRACTORS.—The Secretary concerned 

24 may noncompetitively hire a contractor included on 


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1 the list maintained under subsection (b)(1) to conduct 

2 the analysis described in subsection (c)(1). 

3 (e) SAVINGS CLAUSES.— 

4 (1) AUTHORITY OF THE SECRETARY CON5 CERNED.—The Secretary concerned shall— 

6 (A) determine the sufficiency of any docu7 ments prepared by a contractor under subsection 

8 (c)(2); and 

9 (B) retain responsibility for any author10 izing decision relating to a proposed project de11 scribed in subsection (c). 

12 (2) REVIEW AND APPROVAL OF INDEPENDENT

13 THIRD PARTIES.—The Secretary concerned shall 

14 verify that there is no conflict of interest between— 

15 (A) a person that submits a proposal under 

16 subsection (c); and 

17 (B) a contractor that the Secretary con18 cerned hires under paragraph (2) of that sub19 section to carry out an analysis with respect to 

20 that proposal. 

21 (3) ADMINISTRATIVE COSTS.—The Secretary con22 cerned— 

23 (A) shall only use the funding provided to 

24 the Secretary concerned under subsection (c)(1) 


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1 to pay a contractor pursuant to subsection 

2 (c)(2); and 

3 (B) shall not use any portion of the funding 

4 provided to the Secretary concerned under sub5 section (c)(1) to cover any other expense or cost 

6 incurred by the Secretary concerned, including 

7 administrative costs. 

8 (4) LIMITATIONS ON REIMBURSEMENTS.—If in9 sufficient receipts are generated by a project described 

10 in subsection (c) to reimburse the person that pro11 vided funding under paragraph (1) of that subsection, 

12 the Secretary concerned shall not provide additional 

13 funding to the person. 

14 (f) PROMOTION.—Not later than 60 days after the date 

15 of enactment of this Act, the Secretary concerned shall pro16 vide guidance to each local field office of the Secretary con17 cerned for— 

18 (1) making stakeholders aware of the authority 

19 under this Act; and 

20 (2) encouraging use of that authority to meet 

21 land management goals. 

22 (g) TREATMENT OF COLLABORATIVE MEMBERS.—For 

23 purposes of a civil action relating to a project described 

24 in subsection (c), any person that participated in the colVerDate Sep 11 2014 23:42 Nov 15, 2022 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S3046.RS S3046

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1 laborative process to develop the proposal for the project 

2 shall be— 

3 (1) entitled to intervene, as of right, in any sub4 sequent civil action; and 

5 (2) considered to be a full participant in any 

6 settlement negotiation relating to the project. 

7 (h) SUNSET.—The requirements described in sub8 section (b) and the authority to enter into an agreement 

9 under subsection (c) shall expire on January 1, 2033. 


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Calendar No. 548 

117TH CONGRESS 

2D SESSION S. 3046 

[Report No. 117–197] 

A BILL 

To codify the authority of the Secretary of Agriprojects, and for other purposes. duct certain landscape-scale forest restoration culture and the Secretary of the Interior to conNOVEMBER 15, 2022 

Reported with an amendment 


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