S.Amdt. 3235

SA 3235. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 3224 proposed by Mr. Roberts (for himself and Ms.
Stabenow) to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of part II of subtitle F of title VIII, add the
following:

SEC. 863_. COLLABORATIVE PROJECTS.

(a) Definitions.--In this section:
(1) Collaborative process.--The term ``collaborative
process'' means the process described in section 603(b)(1)(C)
of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591b(b)(1)(C)).
(2) Lead objector.--The term ``lead objector'', with
respect to a filed objection that lists multiple individuals
or entities, means, as applicable, the individual or entity--
(A) identified on the objection as the representative of
all other objectors for the purposes of communication,
written or otherwise, regarding the objection; or
(B) designated under subsection (d)(1)(B)(ii).
(3) Project.--The term ``project'' means any project
carried out by the Chief of the Forest Service that is
developed through a collaborative process, including--
(A) an authorized hazardous fuel reduction project under
section 102 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6512); and
(B) the Collaborative Forest Landscape Restoration Program
under section 4003(b) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7303(b)).
(b) Civil Action.--Notwithstanding any other provision of
law, an individual or entity that files a predecisional
administrative objection to a project, or any portion of a
project, may only commence a civil action for review of the
project, subject to subsection (d).
(c) Treatment of Collaborative Members.--For purposes of a
civil action for review of a project commenced under
subsection (b), any individual or entity that is recognized
by the Secretary as a member of the collaborative process for
that project shall be--
(1) entitled to intervene, as of right, in any subsequent
civil action; and
(2) considered to be a full participant in any settlement
negotiation regarding the project.
(d) Administrative Remedies.--
(1) Meetings required.--
(A) In general.--Notwithstanding any other provision of
law, subject to subparagraph (C), on request by the
Secretary, an individual or entity or lead objector that
files a predecisional administrative objection regarding a
project, or any portion of a project, shall publicly meet
with the Secretary to resolve the objection before filing a
petition for review of the project with a court of competent
jurisdiction.
(B) Multiple objectors.--
(i) In general.--If multiple individuals or entities are
listed on an objection, on request for a meeting under
subparagraph (A), identification of the lead objector shall
be provided to the Secretary.
(ii) Designation of lead objector.--If identification of
the lead objector is not provided under clause (i), the
Secretary shall designate the lead objector.
(C) Telephone conferences.--The Secretary may elect, on a
limited, case-by-case basis, to hold a meeting under
subparagraph (A) through a telephone conference call, if the
Secretary determines an in-person meeting to be
impracticable.
(D) Public participation.--The Secretary shall provide to
each individual or entity that is recognized by the Secretary
as a member of the collaborative process--
(i) notice that a public meeting has been scheduled under
subparagraph (A); and
(ii) an opportunity to comment at that public meeting.
(2) Authority to dismiss.--The Secretary shall dismiss any
predecisional administrative objection if an objector or lead
objector fails to appear for a meeting scheduled under
paragraph (1)(A).
(3) Treatment.--If an objection is dismissed under
paragraph (2), each individual or entity that filed the
objection shall be--
(A) considered to have failed to exhaust administrative
remedies; and
(B) ineligible to seek judicial review of the applicable
project.
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