What This Bill Does
This bill allows the Secretary of Agriculture and the Secretary of the Interior to work with people from local communities on forest restoration projects on federal land. The bill creates a process where someone can propose a project, pay for the initial analysis work, and potentially get reimbursed from money the project generates.
Who It Affects
People and organizations in local communities proposing forest restoration projects, the U.S. Forest Service, the Bureau of Land Management, federal contractors analyzing environmental impacts, and Congress.
Key Provisions
• The Secretary of Agriculture and Secretary of the Interior must keep a list of private contractors in each state and update Congress on it every 3 years (Sec. 2(b))
• A person can propose a forest restoration project if it was developed through a collaborative process involving multiple interested people with diverse viewpoints and is transparent and nonexclusive (Sec. 2(c))
• A person proposing a project can provide funding upfront for the environmental analysis required by law, and the government agency must use that money to hire a contractor from its approved list (Sec. 2(c)(1) and 2(c)(2))
• If money is generated from the completed project, the government agency must use it to repay the person who provided the initial funding, to the maximum extent possible (Sec. 2(c)(4))
• Government agencies must give field offices guidance on this authority and encourage its use for land management within 60 days of the bill becoming law (Sec. 2(f))
• People who participated in planning the project can join any lawsuits about the project as full participants (Sec. 2(g))
What Changes
The Secretary of Agriculture and Secretary of the Interior gain the explicit authority to let private individuals and organizations fund and participate in forest restoration projects on federal land. Communities can now propose projects developed through collaborative processes. Private money can jumpstart government analysis of these proposals. The government agency must repay the initial funder from project revenues when possible.
Important Definitions
• "Collaborative process" - a process that includes multiple interested people with different viewpoints and is either transparent and open to anyone, or meets the rules for a resource advisory committee (Sec. 2(a)(1))
• "Federal land" - land in the National Forest System or public lands managed by the federal government (Sec. 2(a)(2))
• "Secretary concerned" - the Secretary of Agriculture working through the Forest Service Chief or the Secretary of the Interior working through the Bureau of Land Management Director (Sec. 2(a)(3))
Effective Date
Not specified in bill text. The bill's requirements for contractor lists and the authority to enter agreements expire on January 1, 2033 (Sec. 2(h)).
II
Calendar No. 122
118TH CONGRESS
1ST SESSION
S. 199
[Report No. 118–50]
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 Nat-
ural Resources
JULY 11, 2023
Reported by Mr. MANCHIN, without amendment
A BILL
To codify the authority of the Secretary of Agriculture and
the Secretary of the Interior to conduct certain land-
scape-scale forest restoration projects, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
2
•S 199 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Root and Stem Project
2
Authorization Act of 2023’’.
3
SEC. 2. ROOT AND STEM PROJECTS.
4
(a) DEFINITIONS.—In this section:
5
(1) COLLABORATIVE PROCESS.—The term ‘‘col-
6
laborative process’’ means a process that—
7
(A) includes multiple interested persons
8
representing diverse interests; and
9
(B)(i) is transparent and nonexclusive; or
10
(ii) meets the requirements for a resource
11
advisory
committee
under
subsections
(c)
12
through (f) of section 205 of the Secure Rural
13
Schools and Community Self-Determination Act
14
of 2000 (16 U.S.C. 7125).
15
(2) FEDERAL LAND.—The term ‘‘Federal land’’
16
means—
17
(A) land of the National Forest System (as
18
defined in section 11(a) of the Forest and
19
Rangeland Renewable Resources Planning Act
20
of 1974 (16 U.S.C. 1609(a))); and
21
(B) public lands (as defined in section 103
22
of the Federal Land Policy and Management
23
Act of 1976 (43 U.S.C. 1702)).
24
(3) SECRETARY CONCERNED.—The term ‘‘Sec-
25
retary concerned’’ means, as applicable—
26
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
3
•S 199 RS
(A) the Secretary of Agriculture, acting
1
through the Chief of the Forest Service; or
2
(B) the Secretary of the Interior, acting
3
through the Director of the Bureau of Land
4
Management.
5
(b) LIST
OF CONTRACTORS.—The Secretary con-
6
cerned shall—
7
(1) maintain a list of non-Federal, third-party
8
contractors that the Secretary concerned can hire in
9
each State to complete the analysis described in sub-
10
section (c)(1); and
11
(2) not later than 180 days after the date of
12
enactment of this Act, and every 3 years thereafter,
13
submit to the Committee on Energy and Natural
14
Resources of the Senate and the Committee on Nat-
15
ural Resources of the House of Representatives a
16
copy of the list described in paragraph (1).
17
(c) AGREEMENTS.—If a person submits to the Sec-
18
retary concerned a proposal for a project on Federal land
19
that was developed through a collaborative process and
20
that meets local and rural community needs, the Secretary
21
concerned may enter into an agreement with the person,
22
under which—
23
(1) the person initially provides to the Secretary
24
concerned all, or a portion of, the funding necessary
25
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
4
•S 199 RS
to complete any analysis that the Secretary con-
1
cerned determines to be necessary under Federal
2
law, including the National Environmental Policy
3
Act of 1969 (42 U.S.C. 4321 et seq.) and the En-
4
dangered Species Act of 1973 (16 U.S.C. 1531 et
5
seq.), for the consideration of the proposed project;
6
(2) the Secretary concerned uses the funding
7
provided under paragraph (1) to pay a contractor in-
8
cluded on the list maintained under subsection
9
(b)(1) to conduct the analysis described in para-
10
graph (1);
11
(3) on completion of the analysis described in
12
paragraph (1), if the Secretary concerned makes a
13
decision to proceed with the project, the Secretary
14
concerned—
15
(A) solicits bids to carry out the project;
16
and
17
(B) enters into a contract or agreement
18
under section 604 of the Healthy Forests Res-
19
toration Act of 2003 (16 U.S.C. 6591c) to
20
carry out the project; and
21
(4) using any receipts described in subsection
22
(d)(1), the Secretary concerned, to the maximum ex-
23
tent practicable, repays to the person the funding
24
initially provided under paragraph (1).
25
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
5
•S 199 RS
(d) ADDITIONAL RELATED AUTHORITIES.—
1
(1) USE OF RECEIPTS.—Any receipts that are
2
generated by a project described in subsection (c)
3
that are normally deposited in the General Fund of
4
the Treasury shall be available for expenditure by
5
the Secretary concerned, without further appropria-
6
tion or fiscal year limitation, for the use described
7
in subsection (c)(4).
8
(2) CONTRACTORS.—The Secretary concerned
9
may noncompetitively hire a contractor included on
10
the list maintained under subsection (b)(1) to con-
11
duct the analysis described in subsection (c)(1).
12
(e) SAVINGS CLAUSES.—
13
(1) AUTHORITY
OF
THE
SECRETARY
CON-
14
CERNED.—The Secretary concerned shall—
15
(A) determine the sufficiency of any docu-
16
ments prepared by a contractor under sub-
17
section (c)(2); and
18
(B) retain responsibility for any author-
19
izing decision relating to a proposed project de-
20
scribed in subsection (c).
21
(2) REVIEW AND APPROVAL OF INDEPENDENT
22
THIRD
PARTIES.—The Secretary concerned shall
23
verify that there is no conflict of interest between—
24
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
6
•S 199 RS
(A) a person that submits a proposal
1
under subsection (c); and
2
(B) a contractor that the Secretary con-
3
cerned hires under paragraph (2) of that sub-
4
section to carry out an analysis with respect to
5
that proposal.
6
(3) ADMINISTRATIVE
COSTS.—The Secretary
7
concerned—
8
(A) shall only use the funding provided to
9
the Secretary concerned under subsection (c)(1)
10
to pay a contractor pursuant to subsection
11
(c)(2); and
12
(B) shall not use any portion of the fund-
13
ing provided to the Secretary concerned under
14
subsection (c)(1) to cover any other expense or
15
cost incurred by the Secretary concerned, in-
16
cluding administrative costs.
17
(4) LIMITATIONS ON REIMBURSEMENTS.—If in-
18
sufficient receipts are generated by a project de-
19
scribed in subsection (c) to reimburse the person
20
that provided funding under paragraph (1) of that
21
subsection, the Secretary concerned shall not provide
22
additional funding to the person.
23
(f) PROMOTION.—Not later than 60 days after the
24
date of enactment of this Act, the Secretary concerned
25
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
7
•S 199 RS
shall provide guidance to each local field office of the Sec-
1
retary concerned for—
2
(1) making stakeholders aware of the authority
3
under this Act; and
4
(2) encouraging use of that authority to meet
5
land management goals.
6
(g) TREATMENT OF COLLABORATIVE MEMBERS.—
7
For purposes of a civil action relating to a project de-
8
scribed in subsection (c), any person that participated in
9
the collaborative process to develop the proposal for the
10
project shall be—
11
(1) entitled to intervene, as of right, in any sub-
12
sequent civil action; and
13
(2) considered to be a full participant in any
14
settlement negotiation relating to the project.
15
(h) SUNSET.—The requirements described in sub-
16
section (b) and the authority to enter into an agreement
17
under subsection (c) shall expire on January 1, 2033.
18
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 122
118TH CONGRESS
1ST SESSION
S. 199
[Report No. 118–50]
A BILL
To codify the authority of the Secretary of Agri-
culture and the Secretary of the Interior to con-
duct certain landscape-scale forest restoration
projects, and for other purposes.
JULY 11, 2023
Reported without amendment
VerDate Sep 11 2014
00:27 Jul 12, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\S199.RS
S199
kjohnson on DSK79L0C42PROD with BILLS