,,ii ,calendar ,no4 #edh #aagth ,,congress #b;d ,session ,s4 #cjdf ,report ,no4 #aag-aig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ba1 #bjba,mr4 ,daines 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,november #ae1 #bjbb,reported by ,mr4 ,manchin1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to codify the authority of the ,secretary of ,agriculture and the ,secretary of the ,interior to conduct certain landscape-scale forest restoration projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,root and ,stem ,project ,authorization ,act of #bjba4 #b4 ,root and ,stem projects 7a7 ,definitions ,in this section3 7#a7 ,collaborative process ,the term collaborative process means a process that-- 7,a7 includes multiple interested persons representing diverse interests2 and 7,b7 7i7 is transparent and nonexclusive2 or 7ii7 meets the requirements for a resource advisory committee under subsections 7c7 through 7f7 of section #bje of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe74 7#b7 ,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 #fjd7;b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7b774 7#c7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 and 7,b7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#d7 ,root and ,stem project ,the term ,root and ,stem project means a project under section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7-- 7,a7 proposed prior to completing the environmental review process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 that satisfies the requirements described in subsections 7c7 and 7d74 7#e7 ,secretary concerned ,the term ,secretary concerned means1 as applicable-- 7,a7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7,b7 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7b7 ,authorization ,the ,secretary concerned may enter into a contract or agreement with an eligible entity to conduct a ,root and ,stem project4 7c7 ,requirements 7#a7 ,period ,the period of a contract or agreement entered into under subsection 7b7 may not exceed #aj years4 7#b7 ,requests for proposals ,the ,secretary concerned1 in coordination with ,state and local stakeholders1 shall-- 7,a7 identify areas well-suited to conduct ,root and ,stem projects2 and 7,b7 issue requests for proposals for ,root and ,stem projects1 including1 at a minimum-- 7i7 the total acreage and boundaries of the proposed ,root and ,stem project area2 7ii7 the land management objectives of the applicable unit of ,federal land to be achieved by the ,root and ,stem project2 and 7iii7 monitoring and performance standards for the ,root and ,stem project4 7d7 ,environmental analyses and project design 7#a7 ,in general ,the environmental analysis and review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a ,root and ,stem project shall be conducted-- 7,a7 after the applicable contract or agreement is entered into under subsection 7b72 and 7,b7 by an independent third party approved by the ,secretary concerned in accordance with paragraph 7#b74 7#b7 ,review and approval of independent third parties ,the ,secretary concerned shall-- 7,a7 review an independent third party selected by an eligible entity carrying out a ,root and ,stem project1 including a review for any conflict of interest between the independent third party and the eligible entity2 and 7,b7 approve that independent third party if the ,secretary concerned determines that-- 7i7 there is no conflict of interest described in subparagraph 7,a72 and 7ii7 the approval is otherwise appropriate4 7#c7 ,authority of ,secretary concerned ,any decision required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a ,root and ,stem project on ,federal land shall be made by the ,secretary concerned4 7#d7 ,services under stewardship contracts ,in determining the cost of services received under a contract or agreement entered into under subsection 7b7 in accordance with section #fjd7;d77#d77;,a7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7d77#d77;,a771 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the applicable ,root and ,stem project4 7#e7 ,collaborative process ,the ,secretary concerned shall ensure that a collaborative process is used to design and implement a ,root and ,stem project4 7#f7 ,oversight ,not later than #fj days after the date of enactment of this ,act1 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-- 7,a7 monitoring the integrity and development of the environmental analyses for ,root and ,stem projects2 7,b7 reviewing and approving an independent third party under paragraph 7#b72 7,c7 ensuring compliance with paragraph 7#e72 and 7,d7 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 law1 including with respect to whether to issue a decision notice and when to require changes or additions to the environmental analysis if appropriate4 7e7 ,judicial review 7#a7 ,in general ,section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf7 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 7as defined in section #aja of that ,act 7#af ,u4,s4,c4 #feaa774 7#b7 ,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 #abj days after the later of-- 7,a7 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 project2 and 7,b7 the date on which the ,secretary concerned issues a decision approving the ,root and ,stem project4 7#c7 ,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 merits4 #a4 ,short title ,this ,act may be cited as the ,root and ,stem ,project ,authorization ,act of #bjbb4 #b4 ,root and ,stem projects 7a7 ,definitions ,in this section3 7#a7 ,collaborative process ,the term collaborative process means a process that-- 7,a7 includes multiple interested persons representing diverse interests2 and 7,b7 7i7 is transparent and nonexclusive2 or 7ii7 meets the requirements for a resource advisory committee under subsections 7c7 through 7f7 of section #bje of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe74 7#b7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 and 7,b7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#c7 ,secretary concerned ,the term ,secretary concerned means1 as applicable-- 7,a7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7,b7 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7b7 ,list of contractors ,the ,secretary concerned shall-- 7#a7 maintain a list of non-,federal1 third-party contractors that the ,secretary concerned can hire in each ,state to complete the analysis described in subsection 7c77#a72 and 7#b7 not later than #ahj days after the date of enactment of this ,act1 and every #c years thereafter1 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 7#a74 7c7 ,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 needs1 the ,secretary concerned may enter into an agreement with the person1 under which-- 7#a7 the person initially provides to the ,secretary concerned all1 or a portion of1 the funding necessary to complete any analysis that the ,secretary concerned determines to be necessary under ,federal law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 for the consideration of the proposed project2 7#b7 the ,secretary concerned uses the funding provided under paragraph 7#a7 to pay a contractor included on the list maintained under subsection 7b77#a7 to conduct the analysis described in paragraph 7#a72 7#c7 on completion of the analysis described in paragraph 7#a71 if the ,secretary concerned makes a decision to proceed with the project1 the ,secretary concerned-- 7,a7 solicits bids to carry out the project2 and 7,b7 enters into a contract or agreement under section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7 to carry out the project2 and 7#d7 using any receipts described in subsection 7d77#a71 the ,secretary concerned1 to the maximum extent practicable1 repays to the person the funding initially provided under paragraph 7#a74 7d7 ,additional related authorities 7#a7 ,use of receipts ,any receipts that are generated by a project described in subsection 7c7 that are normally deposited in the ,general ,fund of the ,treasury shall be available for expenditure by the ,secretary concerned1 without further appropriation or fiscal year limitation1 for the use described in subsection 7c77#d74 7#b7 ,contractors ,the ,secretary concerned may noncompetitively hire a contractor included on the list maintained under subsection 7b77#a7 to conduct the analysis described in subsection 7c77#a74 7e7 ,savings clauses 7#a7 ,authority of the ,secretary concerned ,the ,secretary concerned shall-- 7,a7 determine the sufficiency of any documents prepared by a contractor under subsection 7c77#b72 and 7,b7 retain responsibility for any authorizing decision relating to a proposed project described in subsection 7c74 7#b7 ,review and approval of independent third parties ,the ,secretary concerned shall verify that there is no conflict of interest between-- 7,a7 a person that submits a proposal under subsection 7c72 and 7,b7 a contractor that the ,secretary concerned hires under paragraph 7#b7 of that subsection to carry out an analysis with respect to that proposal4 7#c7 ,administrative costs ,the ,secretary concerned-- 7,a7 shall only use the funding provided to the ,secretary concerned under subsection 7c77#a7 to pay a contractor pursuant to subsection 7c77#b72 and 7,b7 shall not use any portion of the funding provided to the ,secretary concerned under subsection 7c77#a7 to cover any other expense or cost incurred by the ,secretary concerned1 including administrative costs4 7#d7 ,limitations on reimbursements ,if insufficient receipts are generated by a project described in subsection 7c7 to reimburse the person that provided funding under paragraph 7#a7 of that subsection1 the ,secretary concerned shall not provide additional funding to the person4 7f7 ,promotion ,not later than #fj days after the date of enactment of this ,act1 the ,secretary concerned shall provide guidance to each local field office of the ,secretary concerned for-- 7#a7 making stakeholders aware of the authority under this ,act2 and 7#b7 encouraging use of that authority to meet land management goals4 7g7 ,treatment of collaborative members ,for purposes of a civil action relating to a project described in subsection 7c71 any person that participated in the collaborative process to develop the proposal for the project shall be-- 7#a7 entitled to intervene1 as of right1 in any subsequent civil action2 and 7#b7 considered to be a full participant in any settlement negotiation relating to the project4 7h7 ,sunset ,the requirements described in subsection 7b7 and the authority to enter into an agreement under subsection 7c7 shall expire on ,january #a1 #bjcc4 ,november #ae1 #bjbb,reported with an amendment