Root and Stem Project Authorization Act of 2023

Subjects: Public Lands and Natural Resources, Environmental assessment, monitoring, research, Forests, forestry, trees, Land use and conservation, Public contracts and procurement

Summary:  <p><strong>Root and Stem Project Authorization Act of 2023</strong></p> <p>This bill authorizes the Forest Service and the Bureau of Land Management (BLM) to conduct certain forest restoration projects.</p> <p>Specifically, the Forest Service or BLM may enter into an agreement for a project on federal land that was developed through a collaborative process that meets local and rural community needs if </p> <ul> <li> the party with whom it enters into an agreement initially provides the Forest Service or BLM with a portion of the funding necessary to complete any analysis deemed necessary under federal law for consideration of the proposed project;</li> <li>the Forest Service or BLM uses the funding to pay a contractor included on a list of contractors that it maintains to conduct the analysis; </li> <li>upon completion of the analysis, the Forest Service or BLM solicits bids to carry out the project and enters into a contract or agreement under the Healthy Forests Restoration Act of 2003 to carry out the project; and</li> <li>using certain receipts from the project, the Forest Service or BLM repays the initially provided funding.</li> </ul> <p>For purposes of a civil action relating to such a project, 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.</p> <p>The authority to enter into an agreement and the requirement to maintain a list of contractors shall expire on January 1, 2033.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 199 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 199

    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

                            February 1, 2023

 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Root and Stem Project Authorization 
Act of 2023''.

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 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.
                                 &lt;all&gt;
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