S199-118

1. Short title This Act may be cited as the Root and Stem Project Authorization Act of 2023.

2. Root and Stem projects In this section: The term collaborative process means a process that— includes multiple interested persons representing diverse interests; and is transparent and nonexclusive; or 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). The term Federal land means— 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 public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). The term Secretary concerned means, as applicable— the Secretary of Agriculture, acting through the Chief of the Forest Service; or the Secretary of the Interior, acting through the Director of the Bureau of Land Management. The Secretary concerned shall— maintain a list of non-Federal, third-party contractors that the Secretary concerned can hire in each State to complete the analysis described in subsection (c)(1); and not later than 180 days after the date of enactment of this Act, and every 3 years thereafter, 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 (1). 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 needs, the Secretary concerned may enter into an agreement with the person, under which— the person initially provides to the Secretary concerned all, or a portion of, the funding necessary to complete any analysis that the Secretary concerned determines to be necessary under Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), for the consideration of the proposed project; the Secretary concerned uses the funding provided under paragraph (1) to pay a contractor included on the list maintained under subsection (b)(1) to conduct the analysis described in paragraph (1); on completion of the analysis described in paragraph (1), if the Secretary concerned makes a decision to proceed with the project, the Secretary concerned— solicits bids to carry out the project; and enters into a contract or agreement under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) to carry out the project; and using any receipts described in subsection (d)(1), the Secretary concerned, to the maximum extent practicable, repays to the person the funding initially provided under paragraph (1). Any receipts that are generated by a project described in subsection (c) that are normally deposited in the General Fund of the Treasury shall be available for expenditure by the Secretary concerned, without further appropriation or fiscal year limitation, for the use described in subsection (c)(4). The Secretary concerned may noncompetitively hire a contractor included on the list maintained under subsection (b)(1) to conduct the analysis described in subsection (c)(1). The Secretary concerned shall— determine the sufficiency of any documents prepared by a contractor under subsection (c)(2); and retain responsibility for any authorizing decision relating to a proposed project described in subsection (c). The Secretary concerned shall verify that there is no conflict of interest between— a person that submits a proposal under subsection (c); and a contractor that the Secretary concerned hires under paragraph (2) of that subsection to carry out an analysis with respect to that proposal. The Secretary concerned— shall only use the funding provided to the Secretary concerned under subsection (c)(1) to pay a contractor pursuant to subsection (c)(2); and shall not use any portion of the funding provided to the Secretary concerned under subsection (c)(1) to cover any other expense or cost incurred by the Secretary concerned, including administrative costs. If insufficient receipts are generated by a project described in subsection (c) to reimburse the person that provided funding under paragraph (1) of that subsection, the Secretary concerned shall not provide additional funding to the person. Not later than 60 days after the date of enactment of this Act, the Secretary concerned shall provide guidance to each local field office of the Secretary concerned for— making stakeholders aware of the authority under this Act; and encouraging use of that authority to meet land management goals. For purposes of a civil action relating to a project described in subsection (c), any person that participated in the collaborative process to develop the proposal for the project shall be— entitled to intervene, as of right, in any subsequent civil action; and considered to be a full participant in any settlement negotiation relating to the project. The requirements described in subsection (b) and the authority to enter into an agreement under subsection (c) shall expire on January 1, 2033.