II 117th CONGRESS 1st Session S. 3046 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. Short title This Act may be cited as the Root and Stem Project Authorization Act of 2021 . 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) Eligible entity The term eligible entity means a private person or other public or private entity with which the Secretary concerned enters into an agreement or contract under section 604(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(b) ). (3) 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 )). (4) Root and Stem project The term Root and Stem project means a project under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c )— (A) proposed prior to completing the environmental review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) that satisfies the requirements described in subsections (c) and (d). (5) 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) Authorization The Secretary concerned may enter into a contract or agreement with an eligible entity to conduct a Root and Stem project. (c) Requirements (1) Period The period of a contract or agreement entered into under subsection (b) may not exceed 10 years. (2) Requests for proposals The Secretary concerned, in coordination with State and local stakeholders, shall— (A) identify areas well-suited to conduct Root and Stem projects; and (B) issue requests for proposals for Root and Stem projects, including, at a minimum— (i) the total acreage and boundaries of the proposed Root and Stem project area; (ii) the land management objectives of the applicable unit of Federal land to be achieved by the Root and Stem project; and (iii) monitoring and performance standards for the Root and Stem project. (d) Environmental analyses and project design (1) In general The environmental analysis and review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a Root and Stem project shall be conducted— (A) after the applicable contract or agreement is entered into under subsection (b); and (B) by an independent third party approved by the Secretary concerned in accordance with paragraph (2). (2) Review and approval of independent third parties The Secretary concerned shall— (A) review an independent third party selected by an eligible entity carrying out a Root and Stem project, including a review for any conflict of interest between the independent third party and the eligible entity; and (B) approve that independent third party if the Secretary concerned determines that— (i) there is no conflict of interest described in subparagraph (A); and (ii) the approval is otherwise appropriate. (3) Authority of Secretary concerned Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a Root and Stem project on Federal land shall be made by the Secretary concerned. (4) Services under stewardship contracts In determining the cost of services received under a contract or agreement entered into under subsection (b) in accordance with section 604(d)(4)(A) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d)(4)(A) ), the Secretary concerned shall apply the cost to the eligible entity associated with work performed to develop and complete an environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the applicable Root and Stem project. (5) Collaborative process The Secretary concerned shall ensure that a collaborative process is used to design and implement a Root and Stem project. (6) Oversight Not later than 60 days after the date of enactment of this Act, the Secretary concerned shall provide a notification and guidance to each local field office of the Forest Service and the Bureau of Land Management establishing a process for— (A) monitoring the integrity and development of the environmental analyses for Root and Stem projects; (B) reviewing and approving an independent third party under paragraph (2); (C) ensuring compliance with paragraph (5); and (D) carrying out corrective actions if an eligible entity carrying out a Root and Stem project does not comply with this section or any other applicable provision of law, including with respect to whether to issue a decision notice and when to require changes or additions to the environmental analysis if appropriate. (e) Judicial review (1) In general Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ) shall apply to the judicial review of a Root and Stem project in the same manner as that section applies to the judicial review of an authorized hazardous fuel reduction project (as defined in section 101 of that Act ( 16 U.S.C. 6511 )). (2) Statute of limitations No legal action challenging a Root and Stem project or any activity under a Root and Stem project may be brought more than 120 days after the later of— (A) the date on which the Secretary concerned provides public notice of the award of a contract or agreement to carry out the Root and Stem project; and (B) the date on which the Secretary concerned issues a decision approving the Root and Stem project. (3) Injunctions A court shall not enjoin a Root and Stem project authorized under this section that is developed and implemented through a collaborative process if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.