Us Congress 2023-2024 Regular Session

Us Congress House Bill HB674 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 674
55 To codify the authority of the Secretary of Agriculture and the Secretary
66 of the Interior to conduct certain landscape-scale forest restoration
77 projects, and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 JANUARY31, 2023
1010 Mr. N
1111 EWHOUSE(for himself and Mr. PETERS) introduced the following bill;
1212 which was referred to the Committee on Natural Resources, and in addi-
1313 tion to the Committee on Agriculture, for a period to be subsequently de-
1414 termined by the Speaker, in each case for consideration of such provisions
1515 as fall within the jurisdiction of the committee concerned
1616 A BILL
1717 To codify the authority of the Secretary of Agriculture and
1818 the Secretary of the Interior to conduct certain land-
1919 scape-scale forest restoration projects, and for other pur-
2020 poses.
2121 Be it enacted by the Senate and House of Representa-1
2222 tives of the United States of America in Congress assembled, 2
2323 SECTION 1. SHORT TITLE. 3
2424 This Act may be cited as the ‘‘Root and Stem Project 4
2525 Authorization Act of 2023’’. 5
2626 SEC. 2. ROOT AND STEM PROJECTS. 6
2727 (a) D
2828 EFINITIONS.—In this section: 7
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3232 (1) COLLABORATIVE PROCESS .—The term ‘‘col-1
3333 laborative process’’ means a process that— 2
3434 (A) includes multiple interested persons 3
3535 representing diverse interests; and 4
3636 (B)(i) is transparent and nonexclusive; or 5
3737 (ii) meets the requirements for a resource 6
3838 advisory committee under subsections (c) 7
3939 through (f) of section 205 of the Secure Rural 8
4040 Schools and Community Self-Determination Act 9
4141 of 2000 (16 U.S.C. 7125). 10
4242 (2) F
4343 EDERAL LAND.—The term ‘‘Federal land’’ 11
4444 means— 12
4545 (A) land of the National Forest System (as 13
4646 defined in section 11(a) of the Forest and 14
4747 Rangeland Renewable Resources Planning Act 15
4848 of 1974 (16 U.S.C. 1609(a))); and 16
4949 (B) public lands (as defined in section 103 17
5050 of the Federal Land Policy and Management 18
5151 Act of 1976 (43 U.S.C. 1702)). 19
5252 (3) S
5353 ECRETARY CONCERNED .—The term ‘‘Sec-20
5454 retary concerned’’ means, as applicable— 21
5555 (A) the Secretary of Agriculture, acting 22
5656 through the Chief of the Forest Service; or 23
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6060 (B) the Secretary of the Interior, acting 1
6161 through the Director of the Bureau of Land 2
6262 Management. 3
6363 (b) L
6464 IST OFCONTRACTORS.—The Secretary con-4
6565 cerned shall— 5
6666 (1) maintain a list of non-Federal, third-party 6
6767 contractors that the Secretary concerned can hire in 7
6868 each State to complete the analysis described in sub-8
6969 section (c)(1); and 9
7070 (2) not later than 180 days after the date of 10
7171 enactment of this Act, and every 3 years thereafter, 11
7272 submit to the Committee on Energy and Natural 12
7373 Resources of the Senate and the Committee on Nat-13
7474 ural Resources of the House of Representatives a 14
7575 copy of the list described in paragraph (1). 15
7676 (c) A
7777 GREEMENTS.—If a person submits to the Sec-16
7878 retary concerned a proposal for a project on Federal land 17
7979 that was developed through a collaborative process and 18
8080 that meets local and rural community needs, the Secretary 19
8181 concerned may enter into an agreement with the person, 20
8282 under which— 21
8383 (1) the person initially provides to the Secretary 22
8484 concerned all, or a portion of, the funding necessary 23
8585 to complete any analysis that the Secretary con-24
8686 cerned determines to be necessary under Federal 25
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9090 law, including the National Environmental Policy 1
9191 Act of 1969 (42 U.S.C. 4321 et seq.) and the En-2
9292 dangered Species Act of 1973 (16 U.S.C. 1531 et 3
9393 seq.), for the consideration of the proposed project; 4
9494 (2) the Secretary concerned uses the funding 5
9595 provided under paragraph (1) to pay a contractor in-6
9696 cluded on the list maintained under subsection 7
9797 (b)(1) to conduct the analysis described in para-8
9898 graph (1); 9
9999 (3) on completion of the analysis described in 10
100100 paragraph (1), if the Secretary concerned makes a 11
101101 decision to proceed with the project, the Secretary 12
102102 concerned— 13
103103 (A) solicits bids to carry out the project; 14
104104 and 15
105105 (B) enters into a contract or agreement 16
106106 under section 604 of the Healthy Forests Res-17
107107 toration Act of 2003 (16 U.S.C. 6591c) to 18
108108 carry out the project; and 19
109109 (4) using any receipts described in subsection 20
110110 (d)(1), the Secretary concerned, to the maximum ex-21
111111 tent practicable, repays to the person the funding 22
112112 initially provided under paragraph (1). 23
113113 (d) A
114114 DDITIONALRELATEDAUTHORITIES.— 24
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118118 (1) USE OF RECEIPTS.—Any receipts that are 1
119119 generated by a project described in subsection (c) 2
120120 that are normally deposited in the general fund of 3
121121 the Treasury shall be available for expenditure by 4
122122 the Secretary concerned, without further appropria-5
123123 tion or fiscal year limitation, for the use described 6
124124 in subsection (c)(4). 7
125125 (2) C
126126 ONTRACTORS.—The Secretary concerned 8
127127 may noncompetitively hire a contractor included on 9
128128 the list maintained under subsection (b)(1) to con-10
129129 duct the analysis described in subsection (c)(1). 11
130130 (e) S
131131 AVINGSCLAUSES.— 12
132132 (1) A
133133 UTHORITY OF THE SECRETARY CON -13
134134 CERNED.—The Secretary concerned shall— 14
135135 (A) determine the sufficiency of any docu-15
136136 ments prepared by a contractor under sub-16
137137 section (c)(2); and 17
138138 (B) retain responsibility for any author-18
139139 izing decision relating to a proposed project de-19
140140 scribed in subsection (c). 20
141141 (2) R
142142 EVIEW AND APPROVAL OF INDEPENDENT 21
143143 THIRD PARTIES.—The Secretary concerned shall 22
144144 verify that there is no conflict of interest between— 23
145145 (A) a person that submits a proposal 24
146146 under subsection (c); and 25
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150150 (B) a contractor that the Secretary con-1
151151 cerned hires under paragraph (2) of that sub-2
152152 section to carry out an analysis with respect to 3
153153 that proposal. 4
154154 (3) A
155155 DMINISTRATIVE COSTS .—The Secretary 5
156156 concerned— 6
157157 (A) shall only use the funding provided to 7
158158 the Secretary concerned under subsection (c)(1) 8
159159 to pay a contractor pursuant to subsection 9
160160 (c)(2); and 10
161161 (B) shall not use any portion of the fund-11
162162 ing provided to the Secretary concerned under 12
163163 subsection (c)(1) to cover any other expense or 13
164164 cost incurred by the Secretary concerned, in-14
165165 cluding administrative costs. 15
166166 (4) L
167167 IMITATIONS ON REIMBURSEMENTS .—If in-16
168168 sufficient receipts are generated by a project de-17
169169 scribed in subsection (c) to reimburse the person 18
170170 that provided funding under paragraph (1) of that 19
171171 subsection, the Secretary concerned shall not provide 20
172172 additional funding to the person. 21
173173 (f) P
174174 ROMOTION.—Not later than 60 days after the 22
175175 date of enactment of this Act, the Secretary concerned 23
176176 shall provide guidance to each local field office of the Sec-24
177177 retary concerned for— 25
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181181 (1) making stakeholders aware of the authority 1
182182 under this Act; and 2
183183 (2) encouraging use of that authority to meet 3
184184 land management goals. 4
185185 (g) T
186186 REATMENT OF COLLABORATIVEMEMBERS.— 5
187187 For purposes of a civil action relating to a project de-6
188188 scribed in subsection (c), any person that participated in 7
189189 the collaborative process to develop the proposal for the 8
190190 project shall be— 9
191191 (1) entitled to intervene, as of right, in any sub-10
192192 sequent civil action; and 11
193193 (2) considered to be a full participant in any 12
194194 settlement negotiation relating to the project. 13
195195 (h) S
196196 UNSET.—The requirements described in sub-14
197197 section (b) and the authority to enter into an agreement 15
198198 under subsection (c) shall expire on January 1, 2033. 16
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