[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1248
To establish an Outdoor Restoration Fund for restoration and resilience
projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2021
Mr. Bennet (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish an Outdoor Restoration Fund for restoration and resilience
projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outdoor Restoration Partnership Act
of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Restoration
Fund Advisory Council established by section 4(a).
(2) Covered authority.--The term ``covered authority''
means--
(A) the good neighbor authority established by
section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a);
(B) the Water Source Protection Program under
section 303 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6542);
(C) the Watershed Condition Framework established
under section 304 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6543);
(D) the stewardship end result contracting program
under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c);
(E) the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101 et seq.);
(F) the Joint Chiefs' Landscape Restoration
Partnership program;
(G) the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.);
(H) the Collaborative Forest Landscape Restoration
Program established under section 4003 of Public Law
111-11 (16 U.S.C. 7303);
(I) the legacy roads and trails program of the
Department of Agriculture;
(J) the working lands for wildlife program of the
Department of Agriculture; and
(K) a conservation program under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.),
including the Regional Conservation Partnership program
under subtitle I of that title (16 U.S.C. 3871 et
seq.).
(3) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State agency;
(B) a unit of local government;
(C) a Tribal government;
(D) a regional organization;
(E) a special district; or
(F) a nonprofit organization.
(5) Fund.--The term ``Fund'' means the Outdoor Restoration
Fund established by section 3(a).
(6) Grant program.--The term ``grant program'' means the
restoration and resilience grant program established by section
5(b).
(7) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(8) Restoration and resilience project.--The term
``restoration and resilience project'' means a project designed
in accordance with the best available science to conduct
restoration that improves--
(A) forest conditions;
(B) rangeland health;
(C) watershed function; or
(D) wildlife habitat.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 3. OUTDOOR RESTORATION FUND.
(a) Establishment.--There is established in the Treasury an Outdoor
Restoration Fund.
(b) Use.--Amounts in the Fund shall be used by the Secretary--
(1) in coordination with the Council, to carry out the
grant program; and
(2) to carry out the Restoration and Resilience Partnership
Program under section 6.
(c) Savings Provisions.--
(1) Complementary programs.--Activities carried out under
this Act shall complement, not duplicate or replace, existing
Federal conservation, restoration, and resilience programs.
(2) Applicable law.--A restoration and resilience project
on Federal land or non-Federal land developed or implemented
using amounts provided under this Act shall be carried out in
accordance with applicable law and available authorities.
(d) Supplement, Not Supplant.--Amounts provided under this Act
shall supplement, not supplant, any Federal, State, or other funds
otherwise made available to an eligible entity for activities described
in this Act.
(e) Oversight.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Inspector General of the
Department of Agriculture shall prepare and submit to the Committees on
Agriculture, Nutrition, and Forestry and Appropriations of the Senate
and the Committees on Agriculture, Natural Resources, and
Appropriations of the House of Representatives a report describing the
use, and any abuse or misuse, as applicable, of the Fund by the
Secretary with respect to--
(1) the grant program; and
(2) the Restoration and Resilience Partnership Program
established by section 6.
SEC. 4. RESTORATION FUND ADVISORY COUNCIL.
(a) Establishment.--There is established a Restoration Fund
Advisory Council to provide advice to the Secretary with respect to the
disbursement of amounts from the Fund for the grant program.
(b) Membership.--The Council shall be composed of--
(1) the Secretary;
(2) 12 members, to be appointed by the Secretary, of whom--
(A) 3 shall be representatives from resource-
dependent industries, including the agriculture, oil
and gas, outdoor recreation, or forest products
industries;
(B) 3 shall be national experts in the fields of
natural resource restoration, economic development, and
community and climate resilience;
(C) 3 shall be representatives of conservation,
wildlife, or watershed organizations;
(D) 1 shall be a representative of State
government;
(E) 1 shall be a representative of a unit of local
government; and
(F) 1 shall be a representative of a Tribal
government; and
(3) as determined to be necessary by the Secretary, not
more than 3 representatives from other Federal agencies.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary, in consultation with
the Council, shall submit to Congress a report describing--
(1) the status of any restoration and resilience projects
that received amounts from the Fund, including--
(A) environmental benefits;
(B) restoration achievements;
(C) attainment of restoration and habitat
improvement objectives;
(D) jobs created and retained;
(E) the growth in outdoor industries; and
(F) progress towards State-, Tribal-, and
community-level resilience goals; and
(2) recommendations to improve coordination, align Federal
resources or existing authorities, and expand workforce
capacity in outdoor industries through legislative and
administrative changes.
SEC. 5. RESTORATION AND RESILIENCE GRANT PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to increase the capacity for planning, coordinating,
and monitoring restoration and resilience projects on Federal
land and non-Federal land; and
(2) to support, on non-Federal land, State, local, and
Tribal--
(A) restoration and resilience projects;
(B) projects to reduce the risk of, or mitigate
damage from, wildfires; and
(C) projects to expand equitable outdoor access.
(b) Establishment.--There is established a restoration and
resilience grant program, to be administered by the Secretary, with the
advice of the Council, to provide grants from the Fund to eligible
entities for the purposes described in subsection (a).
(c) Regional Coordination.--The Secretary and the Council shall, to
the maximum extent practicable, seek input from, coordinate with, and
support existing State or regional efforts, initiatives, and
partnerships to restore ecological integrity on Federal land and non-
Federal land.
(d) Use of Funds.--
(1) In general.--The Secretary shall use amounts in the
Fund to provide capacity grants under paragraph (2) and
implementation grants under paragraph (3).
(2) Capacity grants.--
(A) In general.--Capacity grants shall be made
available to eligible entities for the purpose
described in subsection (a)(1).
(B) Application.--
(i) In general.--A grant under this
paragraph may only be made to an eligible
entity that submits to the Secretary an
application at such time, in such manner, and
containing or accompanied by such additional
information as the Secretary, in consultation
with the Council, may require, including the
information required under clause (ii).
(ii) Contents.--An application submitted
under clause (i) shall contain--
(I) a clear and concise expression
of interest;
(II) an explanation for how funds
would complement existing Federal
funds; and
(III) an estimate of the number and
duration of jobs that would be created,
or sustained, with the funds.
(3) Implementation grants.--
(A) In general.--Implementation grants shall be
made available to eligible entities for the purpose
described in subsection (a)(2).
(B) Application.--A grant under this paragraph may
be made only to an eligible entity that submits to the
Secretary an application at such time, in such manner,
and containing or accompanied by such information as
the Secretary, in consultation with the Council, may
require.
(e) Priority.--In carrying out the grant program, the Secretary, in
consultation with the Council, shall give priority to projects that--
(1) create or sustain jobs, employ local or regional labor,
or expand the outdoor workforce through training and education
programs;
(2) are developed through a collaborative process with
multiple stakeholders representing diverse interests;
(3) would address shared priorities for Federal and non-
Federal partners;
(4) advance State, local, and Tribal plans relating to
forests, water, or wildlife; or
(5) improve long-term economic security or viability in the
geographic region, particularly in geographic regions
transitioning from fossil-fuel extraction.
(f) Authorities.--Eligible entities may use existing authorities
when carrying out a restoration and resilience project, including a
covered authority.
SEC. 6. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to restore and improve the ecological integrity of
forest, grassland, and rangeland ecosystems across the United
States in partnership with State, local, and Tribal
governments;
(2) to create or sustain outdoor jobs by reducing the
backlog of restoration and resilience projects on Federal land
and non-Federal land;
(3) to improve the resilience and carrying capacity of
rangelands in the United States by preventing or mitigating
invasive species, such as cheatgrass, that contribute to
rangeland fire; and
(4) to reduce uncharacteristic wildfires in the highest
risk areas of the United States by carrying out, in accordance
with applicable law, restoration and resilience projects.
(b) Establishment.--There is established a Restoration and
Resilience Partnership Program, under which the Secretary shall carry
out restoration and resilience projects in partnership areas designated
under subsection (c)(1).
(c) Designation of Partnership Areas.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate, for the
purposes of carrying out restoration and resilience projects
under subsection (e), any areas of Federal land and non-Federal
land that the Secretary determines to be appropriate.
(2) Submission of partnership areas by states and tribes.--
(A) In general.--The Governor of a State or an
authorized representative of an Indian Tribe may submit
to the Secretary, in writing, a request to designate
certain Federal land or non-Federal land in the State
or Indian Country, respectively, for restoration and
resilience projects under subsection (e).
(B) Inclusions.--A written request submitted under
subparagraph (A) may include 1 or more maps or
recommendations.
(d) Requirements.--To be eligible for designation under subsection
(c), an area shall--
(1) have a high or very high wildfire potential as
determined by--
(A) the map of the Forest Service entitled
``Wildfire Hazard Potential Version 2020''; or
(B) any other mapping resource or data source
approved by the Secretary that depicts the risk of
wildfires;
(2) have high-priority wildlife habitat urgently in need of
restoration, as determined by the Secretary, in consultation
with eligible entities and the applicable Governor or
representative of an Indian Tribe; or
(3) in the case of Federal land, be in the wildland-urban
interface.
(e) Restoration and Resilience Projects.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall carry out restoration and resilience projects
on land designated under subsection (c).
(2) Priority.--The Secretary shall give priority to
restoration and resilience projects that--
(A) focus on the reintroduction of characteristic,
low-intensity fire in frequent fire regime ecosystems;
(B) would reduce hazardous fuels by focusing on
small-diameter trees, thinning, and strategic fuel
breaks;
(C) maximize the retention of old and large trees,
as appropriate for the forest type;
(D) improve habitat conditions for at-risk
wildlife; and
(E) improve community resilience in the wildland-
urban interface.
(3) Coordination.--The Secretary shall carry out
restoration and resilience projects under this subsection--
(A) on Federal land, in coordination with the
Secretary of the Interior, as applicable; and
(B) on non-Federal land, in coordination with
eligible entities and other relevant stakeholders, as
determined by the Secretary.
(4) Requirements.--
(A) In general.--A restoration and resilience
project shall be carried out in accordance with--
(i) the management objectives of an
applicable land or resource management plan;
and
(ii) applicable law.
(B) Inclusions.--The Secretary may use existing
authorities when carrying out a restoration and
resilience project on land designated under subsection
(c), including any covered authority.
(C) Exclusions.--A restoration and resilience
project may not be carried out--
(i) in a wilderness area or designated
wilderness study area;
(ii) to construct a permanent road or
trail;
(iii) on any Federal land on which, by an
Act of Congress or Presidential proclamation,
the removal of vegetation is restricted or
prohibited;
(iv) in an inventoried roadless area; or
(v) to remove old growth stands (as defined
in section 102(e)(1) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6512(e)(1)).
SEC. 7. FUNDING.
(a) In General.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, $60,000,000,000 for the Fund, to
remain available until expended, of which--
(1) $20,000,000,000 shall be for the grant program; and
(2) $40,000,000,000 shall be for the Restoration and
Resilience Partnership Program under section 6, of which not
less than $20,000,000,000 shall be for the conduct of
restoration and resilience projects on Federal land under that
section.
(b) Workforce Needs and Expenses.--Funds made available under
subsection (a)(2) shall be available for staffing, salary, and other
workforce needs and expenses relating to the administration of the
Restoration and Resilience Partnership Program under section 6.
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