HR4717-118

1. Short title This Act may be cited as the Locally Led Restoration Act of 2023.

2. Third-party contracts for wildfire hazard fuel removal Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended— in subsection (b), by inserting (including contracts proposed by such entities) after private entities; and in subsection (d), by adding at the end the following: A contract or agreement for a stewardship contracting project proposed by a private person or other public or private entity may only be entered into under subsection (b) if— the land management goals of the project include the removal of vegetation; and at least 10 percent of the vegetation proposed to be removed is salvage. For purposes of subparagraph (A), the term salvage includes wildfire kill, beetle kill, and dead or dying organic material. Not less than once per year, the Chief and the Director shall publicly notice the opportunity to submit proposals for stewardship contracting projects under subsection (b). In the case of a stewardship contracting project proposed by a private person or other public or private entity, the Chief and the Director shall not later than 120 days after receiving such a proposal, provide the person or entity submitting such proposal a response with respect to such proposal. In the case of a response referred to in clause (i) that is a denial, such response may— identify the specific factors that caused, and explain the reasons that support, the denial; and identify potential courses of action for overcoming specific issues that led to the denial. Nothing in this paragraph shall be construed as requiring the Chief or the Director to enter into a contract or an agreement with respect to a stewardship contracting project proposed by a private person or other public or private entity. Not later than 120 days after the date on which a private person or other public or private entity submits to the Chief or the Director a proposal to enter into a stewardship contracting project under subsection (b), the Chief or the Director may issue public notice of initiation of any necessary environmental review. Following completion of any necessary environmental review, the Chief or the Director may enter into an agreement or contract with the private person or other public or private entity under subsection (b). In the case of conflicting proposals for a stewardship contracting project under subsection (b), the Chief and the Director shall have sole discretion in determining which such proposals, if any, are accepted. A contract or agreement entered into under this section— shall be made on a best value basis, as determined by the Chief and the Director; may not be carried out— on acres that are— included in the National Wilderness Preservation System; or located within an inventoried roadless area; or on any area where removal of vegetation is prohibited by Federal statute; and may only be carried out if the Chief and the Director determine the stewardship contracting project is in accordance with the forest plan or land and resource management plan applicable to the land on which the project will be carried out. Not later than 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes, with respect to the preceding 5-year period, information on— the number of project proposals under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) received by the Chief of the Forest Service and the Director of the Bureau of Land Management; the number of contracts and agreements entered into under such section; and the number of acres on which forest thinning and hazardous fuels reduction were carried out pursuant to such contracts and agreements. (8)Salvage requirements (A)In generalA contract or agreement for a stewardship contracting project proposed by a private person or other public or private entity may only be entered into under subsection (b) if— (i)the land management goals of the project include the removal of vegetation; and (ii)at least 10 percent of the vegetation proposed to be removed is salvage. (B)Salvage definedFor purposes of subparagraph (A), the term salvage includes wildfire kill, beetle kill, and dead or dying organic material. (9)Notifications and responses (A)Notification of opportunity to submit proposalsNot less than once per year, the Chief and the Director shall publicly notice the opportunity to submit proposals for stewardship contracting projects under subsection (b). (B)Response to proposal (i)In generalIn the case of a stewardship contracting project proposed by a private person or other public or private entity, the Chief and the Director shall not later than 120 days after receiving such a proposal, provide the person or entity submitting such proposal a response with respect to such proposal. (ii)Notice of denialIn the case of a response referred to in clause (i) that is a denial, such response may— (I)identify the specific factors that caused, and explain the reasons that support, the denial; and (II)identify potential courses of action for overcoming specific issues that led to the denial. (C)Rule of constructionNothing in this paragraph shall be construed as requiring the Chief or the Director to enter into a contract or an agreement with respect to a stewardship contracting project proposed by a private person or other public or private entity. (10)Environmental review (A)In generalNot later than 120 days after the date on which a private person or other public or private entity submits to the Chief or the Director a proposal to enter into a stewardship contracting project under subsection (b), the Chief or the Director may issue public notice of initiation of any necessary environmental review. (B)Agreements and contractsFollowing completion of any necessary environmental review, the Chief or the Director may enter into an agreement or contract with the private person or other public or private entity under subsection (b). (11)Conflicting proposalsIn the case of conflicting proposals for a stewardship contracting project under subsection (b), the Chief and the Director shall have sole discretion in determining which such proposals, if any, are accepted. (12)Other requirementsA contract or agreement entered into under this section— (A)shall be made on a best value basis, as determined by the Chief and the Director; (B)may not be carried out— (i)on acres that are— (I)included in the National Wilderness Preservation System; or (II)located within an inventoried roadless area; or (ii)on any area where removal of vegetation is prohibited by Federal statute; and (C)may only be carried out if the Chief and the Director determine the stewardship contracting project is in accordance with the forest plan or land and resource management plan applicable to the land on which the project will be carried out..