What This Bill Does
This bill authorizes the Secretary of Agriculture and Secretary of the Interior to conduct forest restoration projects on federal land. The secretaries can now enter into agreements with people who propose projects developed through community collaboration processes that meet local and rural community needs. (Sec. 2)
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Who It Affects
- The Secretary of Agriculture (through the Chief of the Forest Service)
- The Secretary of the Interior (through the Director of the Bureau of Land Management)
- Non-federal contractors hired to analyze proposed projects
- People and organizations that propose forest restoration projects
- Local field offices of the agriculture and interior departments
- Stakeholders interested in land management
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Key Provisions
- The secretaries must maintain a list of non-federal contractors in each state and submit copies of these lists to Congress every 3 years. (Sec. 2(b))
- A person who proposes a project can initially provide funding to complete required analyses, with the secretary hiring a contractor from the maintained list to conduct this work. (Sec. 2(c)(1) and (c)(2))
- If the secretary decides to proceed with a project after analysis is complete, the secretary must solicit bids and enter into a contract under the Healthy Forests Restoration Act of 2003. (Sec. 2(c)(3))
- Any money generated by the project can be used to repay the person who initially provided funding, to the maximum extent possible. (Sec. 2(c)(4) and (d)(1))
- People who participated in developing the project proposal can intervene as of right in any lawsuits relating to the project. (Sec. 2(g))
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What Changes
The bill creates a new process allowing community members and organizations to help fund and propose forest restoration projects on federal land. Previously, this authority was not codified in law. The secretaries must now establish contractor lists and provide guidance to local offices about this new authority within 60 days of the bill becoming law. (Sec. 2(f))
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Important Definitions
- **Federal land:** Land that is part of the National Forest System or public lands managed under federal law. (Sec. 2(a)(2))
- **Collaborative process:** A process that includes multiple interested people representing different interests and is either transparent and open to everyone or meets the requirements for a resource advisory committee. (Sec. 2(a)(1))
- **Secretary concerned:** The Secretary of Agriculture (through the Forest Service Chief) or the Secretary of the Interior (through the Bureau of Land Management Director), depending on which agency oversees the land. (Sec. 2(a)(3))
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Effective Date
Not specified in bill text. However, certain requirements expire on January 1, 2033. (Sec. 2(h))
I
118TH CONGRESS
1ST SESSION
H. R. 674
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 HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. NEWHOUSE (for himself and Mr. PETERS) introduced the following bill;
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Root and Stem Project
4
Authorization Act of 2023’’.
5
SEC. 2. ROOT AND STEM PROJECTS.
6
(a) DEFINITIONS.—In this section:
7
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•HR 674 IH
(1) COLLABORATIVE PROCESS.—The term ‘‘col-
1
laborative process’’ means a process that—
2
(A) includes multiple interested persons
3
representing diverse interests; and
4
(B)(i) is transparent and nonexclusive; or
5
(ii) meets the requirements for a resource
6
advisory
committee
under
subsections
(c)
7
through (f) of section 205 of the Secure Rural
8
Schools and Community Self-Determination Act
9
of 2000 (16 U.S.C. 7125).
10
(2) FEDERAL LAND.—The term ‘‘Federal land’’
11
means—
12
(A) land of the National Forest System (as
13
defined in section 11(a) of the Forest and
14
Rangeland Renewable Resources Planning Act
15
of 1974 (16 U.S.C. 1609(a))); and
16
(B) public lands (as defined in section 103
17
of the Federal Land Policy and Management
18
Act of 1976 (43 U.S.C. 1702)).
19
(3) SECRETARY CONCERNED.—The term ‘‘Sec-
20
retary concerned’’ means, as applicable—
21
(A) the Secretary of Agriculture, acting
22
through the Chief of the Forest Service; or
23
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•HR 674 IH
(B) the Secretary of the Interior, acting
1
through the Director of the Bureau of Land
2
Management.
3
(b) LIST
OF CONTRACTORS.—The Secretary con-
4
cerned shall—
5
(1) maintain a list of non-Federal, third-party
6
contractors that the Secretary concerned can hire in
7
each State to complete the analysis described in sub-
8
section (c)(1); and
9
(2) not later than 180 days after the date of
10
enactment of this Act, and every 3 years thereafter,
11
submit to the Committee on Energy and Natural
12
Resources of the Senate and the Committee on Nat-
13
ural Resources of the House of Representatives a
14
copy of the list described in paragraph (1).
15
(c) AGREEMENTS.—If a person submits to the Sec-
16
retary concerned a proposal for a project on Federal land
17
that was developed through a collaborative process and
18
that meets local and rural community needs, the Secretary
19
concerned may enter into an agreement with the person,
20
under which—
21
(1) the person initially provides to the Secretary
22
concerned all, or a portion of, the funding necessary
23
to complete any analysis that the Secretary con-
24
cerned determines to be necessary under Federal
25
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•HR 674 IH
law, including the National Environmental Policy
1
Act of 1969 (42 U.S.C. 4321 et seq.) and the En-
2
dangered Species Act of 1973 (16 U.S.C. 1531 et
3
seq.), for the consideration of the proposed project;
4
(2) the Secretary concerned uses the funding
5
provided under paragraph (1) to pay a contractor in-
6
cluded on the list maintained under subsection
7
(b)(1) to conduct the analysis described in para-
8
graph (1);
9
(3) on completion of the analysis described in
10
paragraph (1), if the Secretary concerned makes a
11
decision to proceed with the project, the Secretary
12
concerned—
13
(A) solicits bids to carry out the project;
14
and
15
(B) enters into a contract or agreement
16
under section 604 of the Healthy Forests Res-
17
toration Act of 2003 (16 U.S.C. 6591c) to
18
carry out the project; and
19
(4) using any receipts described in subsection
20
(d)(1), the Secretary concerned, to the maximum ex-
21
tent practicable, repays to the person the funding
22
initially provided under paragraph (1).
23
(d) ADDITIONAL RELATED AUTHORITIES.—
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•HR 674 IH
(1) USE OF RECEIPTS.—Any receipts that are
1
generated by a project described in subsection (c)
2
that are normally deposited in the general fund of
3
the Treasury shall be available for expenditure by
4
the Secretary concerned, without further appropria-
5
tion or fiscal year limitation, for the use described
6
in subsection (c)(4).
7
(2) CONTRACTORS.—The Secretary concerned
8
may noncompetitively hire a contractor included on
9
the list maintained under subsection (b)(1) to con-
10
duct the analysis described in subsection (c)(1).
11
(e) SAVINGS CLAUSES.—
12
(1) AUTHORITY
OF
THE
SECRETARY
CON-
13
CERNED.—The Secretary concerned shall—
14
(A) determine the sufficiency of any docu-
15
ments prepared by a contractor under sub-
16
section (c)(2); and
17
(B) retain responsibility for any author-
18
izing decision relating to a proposed project de-
19
scribed in subsection (c).
20
(2) REVIEW AND APPROVAL OF INDEPENDENT
21
THIRD
PARTIES.—The Secretary concerned shall
22
verify that there is no conflict of interest between—
23
(A) a person that submits a proposal
24
under subsection (c); and
25
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•HR 674 IH
(B) a contractor that the Secretary con-
1
cerned hires under paragraph (2) of that sub-
2
section to carry out an analysis with respect to
3
that proposal.
4
(3) ADMINISTRATIVE
COSTS.—The Secretary
5
concerned—
6
(A) shall only use the funding provided to
7
the Secretary concerned under subsection (c)(1)
8
to pay a contractor pursuant to subsection
9
(c)(2); and
10
(B) shall not use any portion of the fund-
11
ing provided to the Secretary concerned under
12
subsection (c)(1) to cover any other expense or
13
cost incurred by the Secretary concerned, in-
14
cluding administrative costs.
15
(4) LIMITATIONS ON REIMBURSEMENTS.—If in-
16
sufficient receipts are generated by a project de-
17
scribed in subsection (c) to reimburse the person
18
that provided funding under paragraph (1) of that
19
subsection, the Secretary concerned shall not provide
20
additional funding to the person.
21
(f) PROMOTION.—Not later than 60 days after the
22
date of enactment of this Act, the Secretary concerned
23
shall provide guidance to each local field office of the Sec-
24
retary concerned for—
25
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•HR 674 IH
(1) making stakeholders aware of the authority
1
under this Act; and
2
(2) encouraging use of that authority to meet
3
land management goals.
4
(g) TREATMENT OF COLLABORATIVE MEMBERS.—
5
For purposes of a civil action relating to a project de-
6
scribed in subsection (c), any person that participated in
7
the collaborative process to develop the proposal for the
8
project shall be—
9
(1) entitled to intervene, as of right, in any sub-
10
sequent civil action; and
11
(2) considered to be a full participant in any
12
settlement negotiation relating to the project.
13
(h) SUNSET.—The requirements described in sub-
14
section (b) and the authority to enter into an agreement
15
under subsection (c) shall expire on January 1, 2033.
16
Æ
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