II 

117TH CONGRESS 

1ST SESSION 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. 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Authorization Act of 2021’’. 

6 SEC. 2. ROOT AND STEM PROJECTS. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) COLLABORATIVE PROCESS.—The term ‘‘col2 laborative process’’ means a process that— 

3 (A) includes multiple interested persons 

4 representing diverse interests; and 

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

6 (ii) meets the requirements for a resource 

7 advisory committee under subsections (c) 

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

9 Schools and Community Self-Determination Act 

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

11 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a private person or other public or private 

13 entity with which the Secretary concerned enters 

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

15 of the Healthy Forests Restoration Act of 2003 (16 

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

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

18 means— 

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

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

21 Rangeland Renewable Resources Planning Act 

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

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

24 of the Federal Land Policy and Management 

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


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

2 ‘‘Root and Stem project’’ means a project under sec3 tion 604 of the Healthy Forests Restoration Act of 

4 2003 (16 U.S.C. 6591c)— 

5 (A) proposed prior to completing the envi6 ronmental review process under the National 

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

8 4321 et seq.); and 

9 (B) that satisfies the requirements de10 scribed in subsections (c) and (d). 

11 (5) SECRETARY CONCERNED.—The term ‘‘Sec12 retary concerned’’ means, as applicable— 

13 (A) the Secretary of Agriculture, acting 

14 through the Chief of the Forest Service; or 

15 (B) the Secretary of the Interior, acting 

16 through the Director of the Bureau of Land 

17 Management. 

18 (b) AUTHORIZATION.—The Secretary concerned may 

19 enter into a contract or agreement with an eligible entity 

20 to conduct a Root and Stem project. 

21 (c) REQUIREMENTS.— 

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

23 agreement entered into under subsection (b) may 

24 not exceed 10 years. 


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1 (2) REQUESTS FOR PROPOSALS.—The Sec2 retary concerned, in coordination with State and 

3 local stakeholders, shall— 

4 (A) identify areas well-suited to conduct 

5 Root and Stem projects; and 

6 (B) issue requests for proposals for Root 

7 and Stem projects, including, at a minimum— 

8 (i) the total acreage and boundaries of 

9 the proposed Root and Stem project area; 

10 (ii) the land management objectives of 

11 the applicable unit of Federal land to be 

12 achieved by the Root and Stem project; 

13 and 

14 (iii) monitoring and performance 

15 standards for the Root and Stem project. 

16 (d) ENVIRONMENTAL ANALYSES AND PROJECT DE17 SIGN.— 

18 (1) IN GENERAL.—The environmental analysis 

19 and review under the National Environmental Policy 

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

21 Stem project shall be conducted— 

22 (A) after the applicable contract or agree23 ment is entered into under subsection (b); and 


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1 (B) by an independent third party ap2 proved by the Secretary concerned in accord3 ance with paragraph (2). 

4 (2) REVIEW AND APPROVAL OF INDEPENDENT

5 THIRD PARTIES.—The Secretary concerned shall— 

6 (A) review an independent third party se7 lected by an eligible entity carrying out a Root 

8 and Stem project, including a review for any 

9 conflict of interest between the independent 

10 third party and the eligible entity; and 

11 (B) approve that independent third party 

12 if the Secretary concerned determines that— 

13 (i) there is no conflict of interest de14 scribed in subparagraph (A); and 

15 (ii) the approval is otherwise appro16 priate. 

17 (3) AUTHORITY OF SECRETARY CONCERNED.— 

18 Any decision required to be made under the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) with respect to a Root and Stem 

21 project on Federal land shall be made by the Sec22 retary concerned. 

23 (4) SERVICES UNDER STEWARDSHIP CON24 TRACTS.—In determining the cost of services re25 ceived under a contract or agreement entered into 


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1 under subsection (b) in accordance with section 

2 604(d)(4)(A) of the Healthy Forests Restoration Act 

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

4 concerned shall apply the cost to the eligible entity 

5 associated with work performed to develop and com6 plete an environmental analysis under the National 

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

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

9 Stem project. 

10 (5) COLLABORATIVE PROCESS.—The Secretary 

11 concerned shall ensure that a collaborative process is 

12 used to design and implement a Root and Stem 

13 project. 

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

15 the date of enactment of this Act, the Secretary con16 cerned shall provide a notification and guidance to 

17 each local field office of the Forest Service and the 

18 Bureau of Land Management establishing a process 

19 for— 

20 (A) monitoring the integrity and develop21 ment of the environmental analyses for Root 

22 and Stem projects; 

23 (B) reviewing and approving an inde24 pendent third party under paragraph (2); 


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1 (C) ensuring compliance with paragraph 

2 (5); and 

3 (D) carrying out corrective actions if an el4 igible entity carrying out a Root and Stem 

5 project does not comply with this section or any 

6 other applicable provision of law, including with 

7 respect to whether to issue a decision notice 

8 and when to require changes or additions to the 

9 environmental analysis if appropriate. 

10 (e) JUDICIAL REVIEW.— 

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

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

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

14 project in the same manner as that section applies 

15 to the judicial review of an authorized hazardous 

16 fuel reduction project (as defined in section 101 of 

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

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

19 challenging a Root and Stem project or any activity 

20 under a Root and Stem project may be brought 

21 more than 120 days after the later of— 

22 (A) the date on which the Secretary con23 cerned provides public notice of the award of a 

24 contract or agreement to carry out the Root 

25 and Stem project; and 


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1 (B) the date on which the Secretary con2 cerned issues a decision approving the Root and 

3 Stem project. 

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

5 Root and Stem project authorized under this section 

6 that is developed and implemented through a col7 laborative process if the court determines that the 

8 plaintiff is unable to demonstrate that the claim of 

9 the plaintiff is likely to succeed on the merits. 

Æ 


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