[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2836 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2836
To improve revegetation and carbon sequestration activities in the
United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2021
Mr. Manchin (for himself, Mr. Barrasso, Mr. King, and Mr. Marshall)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To improve revegetation and carbon sequestration activities in the
United States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Revegetation and Carbon Sequestration Act of 2021''.
(b) Title of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--REVEGETATION
Sec. 101. Climate adaptation and resilient forests and rangeland
measures.
Sec. 102. National revegetation effort.
Sec. 103. Experimental forests.
Sec. 104. Long-term contracts for tree and seed planting.
Sec. 105. Tree planting for communities.
Sec. 106. Revegetation on abandoned mine land.
Sec. 107. International reforestation.
TITLE II--CARBON SEQUESTRATION THROUGH FOREST MANAGEMENT AND INNOVATION
Sec. 201. Forest management from carbon credits.
Sec. 202. Recovery and restoration treatments following stand-replacing
disturbances.
Sec. 203. Biochar and wood waste.
Sec. 204. Eradication of invasive grasses.
TITLE III--MASS TIMBER
Sec. 301. Definitions.
Sec. 302. Joint mass timber science and education program.
Sec. 303. Storing carbon in Federal buildings.
TITLE IV--RESEARCH
Sec. 401. Longevity of forest products.
Sec. 402. Forest inventory and analysis.
Sec. 403. Bioeconomy research.
Sec. 404. Insurance product to replace buffers.
Sec. 405. Forest health threat centers.
SEC. 2. FINDINGS.
Congress finds that--
(1) revegetation efforts can meet multiple goals, including
guarding against climate change, improving conservation and
habitats, securing public water supplies, and providing for
economic and cultural benefits;
(2) a range of practical constraints, including cost,
available infrastructure, and whether land has been converted
to other uses that are unlikely to be abandoned, significantly
limit the areas that are viable for revegetation projects, and
hence revegetation projects must be targeted;
(3) reforestation projects should occur in areas that were
historically forested but have become degraded or impacted from
wildfire events, windstorms, or other events, rather than other
natural habitats, such as grasslands;
(4) forests and rangelands are important for storing
carbon;
(5) established forests and native rangelands, including
actively managed forests and rangelands, are preferable to new
forests and rangelands that are a result of revegetation
efforts, because intact forests and vegetation communities are
more effective at sequestration and are more resilient to fire,
storm, and drought;
(6) natural regrowth of forests and rangelands is cheaper
and more efficient than revegetation projects, as long as
nonnative invasive species are not adversely impacting the
landscape;
(7) native plant development and restoration generates
sustainable private sector jobs in a wide variety of sectors;
(8) selecting the appropriate species of trees and of other
vegetation and promoting biodiversity using a mixture of
species naturally found in the local area, rare species, and
species of economic importance are crucial to the success of
revegetation efforts;
(9) species selected for revegetation efforts and the
specified planting density and structure should be suitable for
the local climate, taking into account future climate
resilience and other considerations;
(10) scientific knowledge should be combined with local
knowledge, and site conditions should be taken into account, in
developing revegetation projects, and ideally small-scale
planting trials should take place before planting large numbers
of trees;
(11) partnerships with local communities are key to the
success of tree and vegetation planting projects because local
people often have the most to gain from those projects;
(12) a successful planting project must include a plan on
how to source seeds or seedlings that match desired species and
genetics, and that plan should involve working with local
stakeholders;
(13) the sustainability of revegetation projects is
dependent on the economic impacts for all stakeholders; and
(14) invasive grasses are a catalyst for wildfires in
forests and rangelands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Carbon sequestration.--The term ``carbon
sequestration'' means the capture and long-term storage of
atmospheric carbon dioxide.
(2) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting through the Chief of the Forest Service.
(4) Secretary.--Except in sections 103, 105(b), 201, 202,
and 302, the term ``Secretary'' means the Secretary of the
Interior.
(5) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior or the Secretary of
Agriculture, acting through the Chief of the Forest Service.
TITLE I--REVEGETATION
SEC. 101. CLIMATE ADAPTATION AND RESILIENT FORESTS AND RANGELAND
MEASURES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretaries shall each revise applicable regulations
of the Secretary concerned to require the consideration and assessment
of resiliency and adaptation factors in developing strategies and
efforts for revegetation, including reforestation and rangeland
planting, carried out by the Secretary concerned, including in
selecting species for planting.
(b) Effect.--Nothing in this section affects--
(1) the reforestation requirements under section 3 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1601); or
(2) the use of the forest plan revision process to make
changes to reforestation approaches in an individual unit of
the National Forest System.
SEC. 102. NATIONAL REVEGETATION EFFORT.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land, except--
(i) the national grasslands and land
utilization projects administered under title
III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); and
(ii) National Forest System land east of
the 100th meridian; and
(B) land under the jurisdiction of the Secretary.
(2) Task force.--The term ``task force'' means an
interagency revegetation task force established under
subsection (d).
(3) Zone.--The term ``zone'' means a zone described in
subsection (c).
(b) Assessment of Revegetation Needs.--
(1) Federal land assessment.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall
assess, using the revegetation assessment tool
described in paragraph (2), the number of acres of
Federal land in need of revegetation, including--
(i) acres that have experienced a stand-
replacing disturbance by a wildfire, windstorm,
or other natural event;
(ii) acres on which a regeneration harvest
has previously taken place; and
(iii) acres that could benefit from
appropriate revegetation, as determined by the
Secretaries.
(B) Ecological forestry.--In conducting the
assessment under subparagraph (A), the Secretaries
shall consider the role of recovery periods between
disturbances for the development of stand complexity.
(2) Revegetation assessment tool.--Not later than 180 days
after the date of enactment of this Act, the Secretaries shall
jointly develop, or use or expand an existing, objective
revegetation assessment tool for each zone that uses a point
system or rating scale--
(A) to consistently assess in various geographic
areas, site classes, and forest and rangeland types
whether an acre of Federal land is adequately occupied
by well-distributed, countable, ecologically
appropriate trees or other desirable vegetation;
(B) to assist rapidly assessing revegetation needs
on Federal land; and
(C) to establish baseline conditions for Federal
land.
(3) Forest and rangeland cover restoration on non-federal
land.--
(A) Partnership for forest and rangeland cover
restoration.--The Secretaries may enter into a
partnership with a non-Federal entity, including Indian
Tribes, with data or expertise in Federal
reforestation--
(i) to assess the opportunity to restore
forest or rangeland cover across non-Federal
land in the United States; or
(ii) to share existing data gathered by the
non-Federal entity.
(B) Savings clause.--Nothing in this paragraph
grants the Secretary concerned any additional authority
over or additional access to non-Federal land.
(4) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretaries shall publish a report
describing--
(A) the number of acres of--
(i) Federal land in need of revegetation;
and
(ii) non-Federal land in the United States
on which forest or rangeland cover can be
restored and the owner of which has requested
to be included in a comprehensive revegetation
strategy and implementation plan developed
under subsection (e)(2)(A); and
(B) the approximate location of the land described
under subparagraph (A).
(c) Regional Zones for Revegetation Efforts.--The Secretaries shall
use the regions of the National Forest System as the zones for
revegetation efforts conducted by the task forces under this section.
(d) Interagency Task Forces.--Not later than 18 months after the
date of enactment of this Act, the Secretaries shall establish an
interagency revegetation task force of Federal and non-Federal members,
including Indian Tribes, for each zone--
(1) to coordinate and carry out the activities described in
subsections (e), (f), and (g); and
(2) to maximize collaboration and shared science and
mapping resources among Federal and non-Federal entities,
including Indian Tribes, in revegetating land in each zone,
including through the use of--
(A) Department of Agriculture climate hubs;
(B) collaboratives formed pursuant to section 4003
of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303); and
(C) partnerships with States developed under shared
stewardship agreements.
(e) Comprehensive Revegetation Strategy and Implementation Plans.--
(1) Data review.--Each task force--
(A) shall review the report published under
subsection (b)(4); and
(B) may modify, for the applicable zone, the number
of acres of land in need of revegetation and the
approximate location of the land identified in the
report, as necessary.
(2) Plan development.--
(A) In general.--Not later than 180 days after the
date on which a task force is established, the task
force shall develop a 10-year comprehensive
revegetation strategy and implementation plan--
(i) to revegetate not less than 25 percent
of the land identified in the report published
under subsection (b)(4), as modified under
paragraph (1)(B) (if applicable), for the
applicable zone; and
(ii) to achieve any additional goals or
targets established by the task force.
(B) Requirements.--A plan developed under
subparagraph (A) shall--
(i) take into account the best available
science, best practices, and available
deployment tools, including climate science
that can inform the design of revegetated areas
to assure resilience;
(ii) be based on, to the maximum extent
practicable, the report published under
subsection (b)(4);
(iii) identify resources and efforts needed
to conduct appropriate revegetation treatments
in the applicable zone, including identifying
areas in which capacity exists to plant
vegetation or conduct seed dispersal;
(iv) identify the desired, locally or
regionally adapted native species of vegetation
and the types planting stock required in the
specific areas in the zone in need of
revegetation, including ecosystems that do not
include trees, such as sagebrush ecosystems,
grasslands, or rangelands;
(v) identify under-represented species of
trees and plants in each zone that can be
acquired and should be planted under this
section;
(vi) prioritize geographic areas in the
applicable zone in need of revegetation,
including giving priority to--
(I) burned areas and any other
destabilized land that pose heightened
risks to homes, roads, and public water
supplies if not revegetated;
(II) areas at high risk of
establishing invasive species;
(III) mined land;
(IV) floodplains and riparian
areas; and
(V) land with regionally
significant carbon sequestration
potential;
(vii) identify--
(I) targets or goals for the number
of acres planted annually; and
(II) other implementation actions
and opportunities;
(viii) identify areas in which--
(I) vegetation restoration is
needed; but
(II) natural regeneration is the
most effective means of restoration;
(ix) identify areas in which revegetation
efforts--
(I) may cause an increased risk of
a stand-replacing wildfire, disease, or
insect infestation, if not properly
managed; or
(II) would be adverse to livestock
grazing or use by wildlife;
(x) consider treatments that increase the
carbon sequestration capacity of forests,
rangelands, and grasslands;
(xi) provide for--
(I) consideration of palatability
to support grazing by wildlife and
livestock; and
(II) coordination with State
wildlife agencies, rangeland management
professionals, and ranchers;
(xii) incorporate the data and strategy
relating to nurseries and the availability of
planting stock described in subsection (g);
(xiii) for activities recommended to be
carried out on non-Federal land--
(I) identify ways to address
revegetation needs voluntarily by
working with States, landowners, Indian
Tribes, and other interested persons;
and
(II) ensure that revegetation
efforts will not adversely impact
existing markets for timber and other
forest materials produced from private
working forests;
(xiv) provide an explanation for any land
not included in the implementation portion of
the plan that was identified in the report
published under subsection (b)(4), as modified
under paragraph (1)(B) (if applicable);
(xv) utilize an experimental approach,
where appropriate; and
(xvi) be consistent with any applicable
agency land management plans.
(C) Exceptions.--Notwithstanding subparagraph
(B)(iv), a task force may determine that the selection
and use of certain desirable, noninvasive, nonnative
species is appropriate in certain limited
circumstances, based on localized ecological
conditions, as determined by the task force.
(3) Plan modifications.--A task force may modify a plan
developed under paragraph (2) to address new circumstances or
changing conditions.
(f) Implementation of Plans.--
(1) In general.--During the 10-year period beginning on the
date on which a plan for a zone is completed under subsection
(e)(2), the task force, in coordination with applicable Federal
agencies, shall implement the plan.
(2) Outside funding.--To implement a plan developed under
subsection (e)(2), the Secretary concerned may--
(A) accept non-Federal funds, including leveraging
funding opportunities relating to voluntary carbon
mitigation; and
(B) issue a certificate of donation, as
appropriate.
(3) Voluntary participation.--In implementing a plan under
this subsection, any activities carried out on non-Federal land
shall be carried out--
(A) in cooperation with the owner of the non-
Federal land; and
(B) only on a voluntary basis.
(4) Enterprise team.--The Secretary concerned may employ a
Forest Service enterprise team to facilitate the implementation
of a plan developed under subsection (e)(2).
(g) Challenges to the Reforestation Pipeline in the United
States.--
(1) In general.--A task force shall--
(A) not later than 60 days after the date on which
the task force is established, conduct an inventory of
nurseries, an assessment of nursery capacity, and a
tally of available planting stock in the applicable
zone; and
(B) based on the report published under subsection
(b)(4), as modified under subsection (e)(1)(B) (if
applicable)--
(i) estimate the capacity of nurseries that
would be necessary to fulfill revegetation
needs, including identifying the species and
types of planting stock needed for
revegetation; and
(ii) develop a plan for increasing the
number and capacity of nurseries, in accordance
with the estimates under clause (i).
(2) Seed collecting.--A task force shall--
(A) assess the current capacity to locally collect
and store seed; and
(B) develop a plan for increasing capacity
described in subparagraph (A), if necessary.
(3) Partnerships.--The Secretaries may enter into a
partnership with a non-Federal entity to assist a task force in
meeting the requirements of this subsection.
(h) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date on which
each plan developed under subsection (e)(2) is fully implemented, the
Secretaries shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives, and publish on the website of the Department
of the Interior, a report that describes, with respect to the preceding
year--
(1) whether the Secretaries have achieved compliance with
the requirements of this section;
(2) the total number of acres of land, reported by surface
ownership in each zone, in need of revegetation treatments;
(3) the total number of acres of land, reported by surface
ownership in each zone, in which revegetation treatments have
been carried out;
(4) any other accomplishments and improvements to carbon
sequestration capacity or other co-benefits as a result of
implementing a plan under subsection (e)(2); and
(5) any barriers to implementation of a plan developed
under subsection (e)(2), including as a result of legal issues,
logistical issues, seed or sapling shortages, or lack of
funding.
(i) Partnerships.--The Secretaries may enter into a memorandum of
agreement with any member of a task force to carry out any activity
described in subsection (e), (f), (g), or (h).
(j) Effect.--Nothing in this section establishes new, extends
existing, or otherwise affects post-fire rehabilitation no-grazing
requirements.
(k) Avoidance of Duplication.--In carrying out this section, the
Secretaries shall--
(1) avoid duplicative efforts and, to the maximum extent
practicable, utilize existing efforts and personnel to develop
and implement an activity described in subsection (e), (f),
(g), or (h);
(2) maximize non-Federal involvement; and
(3) avoid using personnel who would otherwise be engaged in
forest management or wildfire mitigation efforts.
SEC. 103. EXPERIMENTAL FORESTS.
(a) Purposes of This Section.--The purposes of this section are--
(1) to formally authorize the experimental forests and
rangelands on National Forest System land existing on the date
of enactment of this Act; and
(2) to require that--
(A) the network of those experimental forests and
rangelands be maintained in perpetuity; and
(B) climate resiliency research is continuously
conducted within the network.
(b) Establishment of Network.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this section as
the ``Secretary''), shall establish and manage a network of
experimental forests and ranges on National Forest System land
(referred to in this section as the ``network'').
(c) Management Purposes.--The Secretary shall manage the network
for the purposes of--
(1) research;
(2) technology transfer; and
(3) education.
(d) Criteria.--The network shall include--
(1) each of the forest cover types that occur in the United
States, as defined by the Forest Cover Types of the United
States and Canada published by the Society of American Forests;
(2) an experimental forest that contains forest cover types
found in the State of Hawaii; and
(3) an experimental forest that contains forest cover types
found in the territories of the United States.
(e) Climate Resiliency Research.--Within the network, the Secretary
shall conduct research, including research on--
(1) seedling establishment, site suitability, and tree
planting designs to inform and assist efforts undertaken in the
United States to establish stands of trees that are resilient
in future climate conditions; and
(2) the sources and fates of carbon to construct and
improve models of carbon responses to land management
practices.
(f) Public Access.--All data collected and research findings
developed from projects undertaken on the network shall be made readily
accessible to the public.
(g) Partners.--The Secretary may enter into an agreement with a
State (including a State forestry agency), an educational institution,
or a third party to fund or conduct research on the network.
(h) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing, with respect to
the network--
(1) the location of the network on National Forest System
land;
(2) the forest cover types included in the network; and
(3) any additional resources needed--
(A) to establish or maintain infrastructure in an
established experimental forest; or
(B) to conduct the research described in subsection
(d).
(i) Savings Clause.--Nothing in this section--
(1) modifies, limits, or repeals the applicability of any
provision of law (including regulations) to National Forest
System land; or
(2) precludes the Secretary from authorizing multiple-use
activities, including livestock grazing and other authorized
uses on land included within the network.
SEC. 104. LONG-TERM CONTRACTS FOR TREE AND SEED PLANTING.
(a) In General.--Notwithstanding the Federal Acquisition
Regulation, the Secretary concerned may enter into a contract or
cooperative agreement for re-establishing vegetation on Federal land
described in subsection (b).
(b) Federal Land.--Federal land referred to in subsection (a) is--
(1) National Forest System land, other than--
(A) the national grasslands and land utilization
projects administered under title III of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); and
(B) National Forest System land east of the 100th
meridian;
(2) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(3) land that the Secretary holds in trust for an Indian
Tribe;
(4) a unit of the National Wildlife Refuge System;
(5) land administered by the Bureau of Reclamation; and
(6) a unit of the National Park System.
(c) Term.--A contract or cooperative agreement described in
subsection (a) shall be for a term of not more than 10 years.
SEC. 105. TREE PLANTING FOR COMMUNITIES.
(a) Job Corps Program.--The Secretary of Labor shall--
(1) develop a career and technical education and training
program focused on tree planting or tree maintenance; and
(2) offer the program as part of the Job Corps program.
(b) Retail Power Provider Tree Planting Grant Program.--
(1) Establishment.--The Secretary of Energy (referred to in
this subsection as the ``Secretary''), in consultation with the
Secretaries, shall establish a program under which the
Secretary shall award grants to States, Indian Tribes, local
governments, nonprofit organizations, and retail power
providers to conduct tree planting projects in accordance with
this subsection (referred to in this subsection as the
``program'').
(2) Applications.--An entity seeking to receive a grant
under the program shall submit to the Secretary an application
at such time, in such form, and containing such information as
the Secretary may require, including a description of how the
project to be carried out using the grant funds will reduce
residential energy consumption.
(3) Priority.--In awarding grants under the program, the
Secretary shall--
(A) give priority to tree planting projects that
would provide the largest potential reduction in
residential energy consumption for households; and
(B) for projects to be carried out in an urbanized
area of the United States, analyze tree equity scores
to prioritize socioeconomically disadvantaged
neighborhoods with the greatest need.
(4) Variety of geographic locations.--In awarding grants
under the program, the Secretary shall ensure diverse and
equitable geographic representation among the grant recipients.
(5) Cost-share.--
(A) Federal share.--Subject to subparagraph (C),
the Federal share of the cost of a tree planting
project carried out using a grant under the program
shall be not more than 50 percent.
(B) Non-federal share.--The non-Federal share of
the cost of a tree planting project carried out using a
grant under the program may be in the form of--
(i) cash or donations received directly
from non-Federal sources; or
(ii) in-kind contributions.
(C) Waiver.--The Secretary may, on a case-by-case
basis, increase the Federal share described in
subparagraph (A) if a tree planting project carried out
using a grant under the program is located wholly in an
economically distressed community.
SEC. 106. REVEGETATION ON ABANDONED MINE LAND.
(a) Pilot Program.--
(1) Establishment.--Using funding available to the
Secretary, the Secretary shall establish a pilot program to
establish native trees, shrubs, or grasses (referred to in this
section as ``vegetation'') on eligible mined land described in
paragraph (6).
(2) Financial assistance.--In carrying out the pilot
program established under paragraph (1), the Secretary shall--
(A) in coordination with the Secretary of
Agriculture, establish vegetation on eligible mined
land located on Federal land;
(B) offer financial assistance to States to
establish native vegetation on eligible mined land
located on State land;
(C) offer financial assistance to Indian Tribes to
establish native vegetation on eligible mined land
located on Tribal land or land held in Trust for an
Indian Tribe; and
(D) establish vegetation or offer financial
assistance to States or other entities to establish
native vegetation on eligible mined land located on
private land.
(3) Compatibility with existing operations.--
(A) Consultation.--Prior to selecting a project for
funding under the pilot program established under
paragraph (1), the Secretary shall consult with, as
applicable, the relevant Office of Surface Mining
Reclamation and Enforcement abandoned mine land program
office to confirm that the proposed project is
compatible with any current mining, exploration, or
reclamation activities.
(B) Restriction.--The Secretary shall not provide
financial assistance under paragraph (2) to a person or
entity with an ongoing legal obligation to revegetate
the land in a project area.
(4) Activities.--The following activities associated with a
project to establish vegetation on eligible mined land shall be
eligible for financial assistance under paragraph (2):
(A) Site preparation, including ripping compacted
soils and incorporating soil amendments.
(B) Vegetation planting.
(C) Maintenance, including watering, to the extent
necessary to establish vegetation under this section.
(D) Managing competing vegetation.
(5) Preference.--Under the pilot program established under
paragraph (1), the Secretary shall, to the maximum extent
practicable, seek to establish vegetation that--
(A) is ecologically appropriate; and
(B)(i) has a high capacity to sequester and store
carbon;
(ii) serves to reconnect established landscapes or
enhance habitat connectivity; or
(iii) would establish wildlife habitat that is
underrepresented in the State in which the project is
located.
(6) Eligible mined land.--To be eligible for financial
assistance under paragraph (2), a tree planting project shall
be located on--
(A) land that was mined prior to the date of
enactment of this Act;
(B) in the case of State land or private land, land
that is accessible to the public for not less than 1
day per year; and
(C) in the case of private land, land owned by a
person, or a nongovernmental organization, that has
submitted to the Secretary or the State in which the
land is located a request seeking to participate in the
pilot program under this section.
(7) Termination.--The pilot program established under
paragraph (1) shall be in effect for the 8-year period
beginning on the date of enactment of this Act.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing the accomplishments
of the pilot program established under subsection (a)(1), including--
(1) jobs created or supported in rural areas;
(2) increases in the abundance of wildlife species,
including game species and song birds;
(3) opportunities for hunting and other compatible outdoor
recreation; and
(4) an estimate of--
(A) carbon sequestered during the 5-year period
beginning on the date on which the pilot program is
established; and
(B) projected additional carbon sequestration and
storage during the 15-year period beginning on the last
day of the period described in subparagraph (A).
SEC. 107. INTERNATIONAL REFORESTATION.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, may--
(1) evaluate a request from another country for technical
assistance for tree planting activities;
(2) subject to the evaluation under paragraph (1) and the
availability of Forest Service personnel and funding, provide
to another country technical assistance for tree planting
activities, including sharing--
(A) personnel; and
(B) knowledge through communications and technical
on-site instruction; and
(3) enter into a partnership with a nongovernmental entity
that is located outside the United States or that is located in
the United States and operates internationally--
(A) to engage in activities that restore
vegetation; and
(B) to promote and improve global carbon
sequestration through revegetation activities.
TITLE II--CARBON SEQUESTRATION THROUGH FOREST MANAGEMENT AND INNOVATION
SEC. 201. FOREST MANAGEMENT FROM CARBON CREDITS.
(a) Definitions.--In this section:
(1) Carbon credit.--The term ``carbon credit'' means a
carbon or greenhouse gas credit, offset, or other defined
unit--
(A) approved by a credible, third-party entity; and
(B) as determined by the Secretary.
(2) Carbon credit program.--The term ``carbon credit
program'' means a voluntary program or market that issues,
assigns, trades, or sells carbon credits.
(3) Covered activity.--The term ``covered activity'' means
an improved forest management activity, including a hazardous
fuel treatment, mechanical thinning, or timber harvesting
project, that is--
(A) ecologically appropriate;
(B) carried out on National Forest System land;
(C) designed--
(i) to increase rates of carbon
sequestration;
(ii) to increase long-term carbon storage
in durable wood products; or
(iii) to mitigate or avoid carbon
emissions;
(D) carried out by--
(i) the Secretary; or
(ii) a non-Federal entity under any
existing authority available to the Secretary;
and
(E) not in competition with or adverse to the
issuance, assignment, trading, or selling of forest
carbon in the private sector.
(4) National forest system.--The term ``National Forest
System'' does not include--
(A) the national grasslands and land utilization
projects administered under title III of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or
(B) National Forest System land east of the 100th
meridian.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Funds Associated With Carbon Credits for Forest Management.--
(1) In general.--The Secretary may use to support the
implementation of covered activities, without further
appropriation or fiscal year limitation, funds received from a
non-Federal entity--
(A) through a carbon credit program; or
(B) for a carbon credit generated from National
Forest System land.
(2) Supplement, not supplant.--Amounts made available under
paragraph (1) shall supplement, and not supplant, any other
amounts made available for covered activities.
(c) Management of Carbon Credit Transactions by National Forest
Foundation.--
(1) In general.--The National Forest Foundation shall
receive and distribute any funds received under subsection
(b)(1).
(2) Other partners.--The National Forest Foundation may
work with other entities that use funds received through a
carbon credit program or for a carbon credit generated from
National Forest System land to design, manage, account for, or
implement a covered activity.
(3) Methodology.--For the management of transactions
described in this section, the National Forest Foundation, in
collaboration with the Secretary, shall develop and use a
methodology that calculates the predicted increase in carbon
sequestration or in the longevity of long-term carbon storage
for a project or the avoided release of carbon due to reduction
of the risk of high-severity fire and other disturbances, by
considering--
(A) retention of forest cover;
(B) carbon sequestration rates before and after the
implementation of a covered activity;
(C) reduction in the risk of tree mortality;
(D) restoration of historic fire regimes; and
(E) the long-term storage of carbon in long-lasting
wood products.
(d) Reports to Congress.--The Secretary, in collaboration with the
National Forest Foundation, shall annually submit to Congress a report
describing the status of the program under this section, including--
(1) the extent to which additional covered activities that
were implemented with funding received under subsection (b)(1)
have been carried out; and
(2) any recommendations to improve or expand the program,
including expansion of the authorities under this section to
land managed by the Secretary of the Interior.
(e) Effect.--Nothing in this section authorizes any activity that
is inconsistent with--
(1) any applicable forest plan; or
(2) any other provision of law (including regulations).
SEC. 202. RECOVERY AND RESTORATION TREATMENTS FOLLOWING STAND-REPLACING
DISTURBANCES.
(a) Definition of Stand-Replacing Disturbance.--In this section,
the term ``stand-replacing disturbance'' means a natural disturbance
event, including a wildland fire or other event, that kills all or most
of the living overstory trees in a stand and initiates forest
succession or regrowth on a unit of the National Forest System.
(b) Pilot National Forests.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Agriculture, acting through
the Chief of the Forest Service (referred to in this section as the
``Secretary''), shall identify units of the National Forest System that
the Secretary determines to be at high or very high risk of
experiencing a stand-replacing disturbance during the 10-year period
following the date of enactment of this Act.
(c) Interdisciplinary Teams.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish an
interdisciplinary post-disturbance planning team (referred to
in this section as the ``team'') to assist in carrying out the
requirements of this section.
(2) TEAMS enterprise.--The Secretary may employ a Forest
Service enterprise team or a regional planning center to meet
the requirement of this subsection.
(d) Model Land and Resource Management Plan Amendment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with the
team, shall develop a model land and resource management plan
amendment establishing plan content for future site-specific
project-level decisions if a stand-replacing disturbance occurs
on units of the National Forest System identified under
subsection (b).
(2) Content.--The model amendment required under paragraph
(1) shall include direction regarding post-disturbance
management, including salvage logging and reforestation
activities, to achieve desired conditions, objectives,
standards, guidelines, suitability of lands, and other plan
content, including goals and monitoring provisions, of the
existing land and resource management plan on the applicable
unit of the National Forest System, if a stand-replacing
disturbance occurs.
(3) Use of model land and resource management plan
amendment.--The Secretary shall utilize the Model Land and
Resource Management Plan Amendment, as adapted to the unique
ecological and socioeconomic setting for each unit of the
National Forest System identified under subsection (b), in
carrying out subsection (e).
(e) Land and Resource Management Plan Amendments.--
(1) In general.--As soon as practicable, but not later than
10 years, after the date of enactment of this Act, the
Secretary, assisted by the team, shall amend the applicable
land and resource management plan of each unit of the National
Forest System identified under subsection (b).
(2) Process.--The Secretary shall comply with all relevant
laws in carrying out this section.
(3) Election.--The Secretary may comply with the provisions
of this section by incorporating the requirements of this
section into an ongoing land and resource management plan
revision or amendment process.
SEC. 203. BIOCHAR AND WOOD WASTE.
(a) Food and Drug Administration Biochar Pilot Program.--
(1) In general.--The Commissioner of Food and Drugs
(referred to in this subsection as the ``Commissioner''), in
consultation with the Secretary of Agriculture and in
coordination with States, shall establish a pilot program to
grant a nationwide food use authorization of biochar as a feed
additive for cattle.
(2) Terms.--The pilot program described in this subsection
shall be--
(A) for a period of not more than 5 years; and
(B) subject to any conditions that the Commissioner
determines appropriate.
(3) Savings clause.--The Commissioner shall ensure that
participation in the pilot program under this subsection is
voluntary.
(b) USGS Commercialization Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Director of the United States Geological Survey, in
coordination with any relevant non-Federal entities, shall
develop and publish a national commercialization plan for the
production, sale, and use of biochar as a soil amendment for
plant growth improvement, including for commercial,
agricultural, and residential use.
(2) Requirement.--The commercialization plan required under
paragraph (1) shall, at a minimum--
(A) identify--
(i) impediments to producing large
quantities of biochar for agricultural,
forestry, or other commercial uses; and
(ii) solutions for those impediments; and
(B) propose a framework for demonstration efforts
to increase consumer demand for biochar.
SEC. 204. ERADICATION OF INVASIVE GRASSES.
(a) Definitions.--In this section:
(1) Action plan.--The term ``action plan'' means the action
plan developed under subsection (b).
(2) Federal land.--The term ``Federal land'' means--
(A) National Forest System land, except--
(i) the national grasslands and land
utilization projects administered under title
III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); and
(ii) National Forest System land east of
the 100th meridian; and
(B) land under the jurisdiction of the Secretary.
(3) Invasive grass.--The term ``invasive grass'' means--
(A) cheatgrass;
(B) ventenata;
(C) medusahead; and
(D) any additional invasive, nonnative annual grass
species that the Secretaries determine pose a risk by--
(i) increasing fire vulnerability and fire
spread; and
(ii) altering fire regimes.
(4) Target treatment area.--The term ``target treatment
area'' means a target treatment area described in subsection
(b)(2)(D).
(b) Action Plan.--
(1) In general.--The Secretaries shall jointly develop and
implement an action plan to map, treat, and control invasive
grass--
(A) to promote the resiliency, biodiversity, and
carbon sequestration capacity of forests, rangelands,
and grasslands;
(B) to minimize risks from wildfire; and
(C) to enhance the quality of forage for wildlife
and livestock.
(2) Requirements.--The action plan shall--
(A) consider or incorporate existing efforts;
(B) take into account--
(i) the latest science;
(ii) best practices; and
(iii) available deployment tools;
(C) be prepared in coordination with State and
local governmental entities and the heads of other
Federal agencies, including the Chief of the Natural
Resources Conservation Service, that are engaged in
activities to control invasive grass to leverage and
maximize funding and resources;
(D) identify and depict on a map target treatment
areas that focus on--
(i) areas with a large quantity of invasive
grass where revegetation with native species is
most likely to succeed;
(ii) areas at high risk of wildfire;
(iii) areas in which invasive grass
negatively impacts livestock grazing or other
uses;
(iv) wildlife habitat and forage needs,
particularly sagebrush habitat;
(v) areas prone to infestations; or
(vi) areas deemed important by the
Secretaries;
(E) establish--
(i) specific goals;
(ii) specific implementation actions that
the Secretaries and partners of the Secretaries
will conduct over a 5-year period; and
(iii) targets, including acres to be
treated annually in the target treatment areas;
(F) provide for a combination of treatment methods
for the most effective control of an invasive grass,
including--
(i) mechanical treatment methods;
(ii) cultural treatment methods;
(iii) biological treatment methods, which
may include livestock grazing;
(iv) prescribed fire; and
(v) chemical treatment methods;
(G) identify and implement, to the extent
practicable, best practices, such as the use of spray
washing stations, to reduce the spreading of invasive
grass seed adjacent to infested areas or into
noninfested areas;
(H) identify methods and tools for the post-
treatment monitoring of target treatment areas to
determine the effectiveness of a treatment and control
efforts;
(I) initiate and expedite environmental reviews for
treatments, as required by applicable law, including
identifying--
(i) methods for achieving timely decisions
and implementation for treatments, monitoring,
and follow-up treatments based on monitoring;
and
(ii) maximizing opportunities to cooperate
with other Federal and State agencies in
analysis, assessments, and studies; and
(J) establish guidelines that--
(i) if native, intact grasses are absent
within a target treatment area and the target
treatment area is prone to high-risk vectors or
pathways--
(I) identify geographically based
desirable, native seed mix and seed
reserves;
(II) prioritize reseeding the area
in the target treatment area; and
(III) monitor for the presence of
new invasive grass and promptly treat
any invasive grass present; and
(ii) if, after conducting a treatment,
desirable native grasses are established and
dominant in a target treatment area, provide
for the natural restoration of native grasses.
(3) Deadline to finalize action plan.--Not later than 270
days after the date of enactment of this Act, the Secretaries
shall finalize the action plan.
(4) Implementation of action plan.--
(A) In general.--Not later than 60 days after the
date on which the action plan is finalized under
paragraph (3), the Secretaries shall begin implementing
the action plan.
(B) Memoranda of understanding and agreements.--In
implementing the action plan, the Secretary concerned
may enter into a memorandum of understanding or an
agreement with non-Federal entities, as appropriate, to
carry out activities under the action plan to control
the spread of an invasive grass on Federal land or land
adjacent to Federal land.
(C) Cooperating agency coordination.--The Secretary
concerned shall, to the extent practicable, offer to
assist in the preparation of environmental reviews that
may be necessary in implementing treatment and control
activities on non-Federal land.
(c) Reports to Congress.--Not later than 18 months after the date
of enactment of this Act, and annually thereafter during the period in
which the action plan is being implemented, the Secretaries shall
submit to Congress a report assessing the effectiveness of the action
plan that includes a description of--
(1) the location of the target treatment areas;
(2) the number of acres within target treatment areas on
which treatments were conducted;
(3) the agreements or partnerships entered into under
subsection (b)(4)(B) to advance the implementation of the
action plan;
(4) monitoring information described in subsection
(b)(2)(H); and
(5) recommendations for studies to explore innovative
methods and practices to treat and control invasive grass.
(d) Funding.--
(1) Outside funding.--The Secretary concerned may accept
non-Federal funds to implement any provision of this section.
(2) Other funding.--In addition to any funding received
under paragraph (1), the Secretaries may expend to carry out
this section up to $30,000,000 of any funding made available to
the Secretary concerned for invasive species control.
(3) Limitations.--Of the amounts made available to carry
out this section, not more than 10 percent shall be used for
development of the action plan.
TITLE III--MASS TIMBER
SEC. 301. DEFINITIONS.
In this title:
(1) Local approving agency.--The term ``local approving
agency'' means an agency or unit of a local government that is
responsible for the issuance of permits for building
construction.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) dowel laminated timber;
(E) laminated strand lumber; and
(F) laminated veneer lumber.
(3) Procuring agency.--The term ``procuring agency'' means
the Department of the Interior, the Forest Service, or a person
that is a party to a contract with the Department of the
Interior or the Forest Service, with respect to work performed
under such a contract.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B)(i) if a residential building, more than 4
stories in height; and
(ii) if a commercial building, more than 5 stories
in height.
SEC. 302. JOINT MASS TIMBER SCIENCE AND EDUCATION PROGRAM.
(a) Mass Timber Science and Education Program With the Forest
Products Laboratory.--The Secretary of Agriculture, acting through the
Director of the Forest Products Laboratory of the Forest Service
(referred to in this section as the ``Secretary''), shall establish a
mass timber science and education program to respond to the emerging
research needs of architects, developers, and the forest products
industry.
(b) Coordination.--The Secretary shall work closely with research
programs at colleges and universities in administering the mass timber
science and education program established under subsection (a) to
supplement the current research and educational efforts of colleges and
universities.
(c) Purposes.--The mass timber science and education program
established under subsection (a) shall have the following principal
purposes:
(1) To provide practical research responsive to the needs
of architects, developers, and the forest products industry,
including assessments of carbon impacts in the originating
forests and the end use of mass timber in the built
environment.
(2) To engage and listen to clients and then develop
focused, strategic lines of new research responsive to those
needs, which may include research relating to flammability and
performance during a fire, structural characteristics, energy
use and savings, acoustics, and slab construction composed of
hybrid materials.
(3) To solicit proposals from scientists who compete for
funding through a rigorous peer-review process designed to
ensure the best projects are funded.
(4) To disseminate research findings using a suite of
communication tools to ensure that architects, developers, and
the forest products industry are aware of, understand, and can
use the information to make sound decisions and implement
projects.
(5) To develop and facilitate the adoption, on a voluntary
basis, of a curriculum for building structures using mass
timber for use in schools of engineering and architecture that
includes--
(A) structural design; and
(B) the possibilities, benefits, and limitations of
using mass timber in construction.
(d) Mass Timber Plan.--Not later than September 30, 2022, the
Secretary shall submit to the relevant committees of Congress a mass
timber plan that includes--
(1) an assessment of the current state of knowledge about
mass timber and tall wood buildings;
(2) an integrated approach to improve knowledge sharing;
(3) an approach for project monitoring and evaluation; and
(4) an approach for setting research priorities.
(e) Stakeholder Advisory Group.--
(1) Membership.--The Secretary shall appoint a stakeholder
advisory group of technical experts that consists, at a
minimum, of--
(A) a Forest Service scientist;
(B) a researcher from a college or university;
(C) a representative of a trade association;
(D) an architect or developer;
(E) a representative of a local approving agency;
(F) a representative of a forest products company;
and
(G) a representative of a nongovernmental
organization with experience--
(i) designing or constructing tall wood
buildings; or
(ii) complying with or revising related
building codes.
(2) Duties.--The stakeholder advisory group shall meet at
least annually--
(A) to consider immediate and long-term science
needs;
(B) to suggest to the Secretary appropriate topic
areas, specific issues within those topic areas, and
information transfer needs for which the Secretary
shall solicit proposals described in subsection (c)(3);
and
(C) to assist the Secretary in drafting the mass
timber plan required under subsection (d).
(f) Assistance.--The Secretary may provide to the Secretary of
Transportation and to States technical assistance relating to the use
of wood in bridges when undergoing revisions to a State bridge design
manual.
(g) Availability of Appropriations.--From amounts appropriated for
Forest Service research, excluding funding made available for the
Forest Inventory and Analysis program, the Secretary may use $4,000,000
to carry out the activities described in this section.
SEC. 303. STORING CARBON IN FEDERAL BUILDINGS.
(a) Mass Timber Buildings Database and Plan.--
(1) Database.--The Secretaries, in coordination with any
other relevant agencies, shall develop and maintain a running
database of mass timber buildings that are owned or leased by
the Federal Government and are occupied primarily by employees
of the Secretaries (referred to in this subsection as the
``database'').
(2) Assessment.--The Secretary of Agriculture, acting
through the Director of the Forest Products Laboratory of the
Forest Service, shall conduct an assessment of each mass timber
building included in the database, which shall include
collecting data on the embodied carbon of the materials used in
the construction of the mass timber buildings included in the
database.
(3) Plan.--
(A) In general.--The Secretaries shall prepare a
plan to increase the quantity of carbon stored in
buildings that are owned or leased by the Federal
Government and are occupied primarily by employees of
Secretaries.
(B) Plan submission.--Not later than 1 year after
the date of enactment of this Act, the Secretaries
shall submit the plan under subparagraph (A) to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives.
(C) Material neutrality.--The plan submitted by the
Secretaries shall be, to the maximum extent
practicable, material neutral, and may include using
mass timber, carbon concrete, and any other materials.
(b) Minimum Purchases.--
(1) In general.--Not later than September 30, 2025, subject
to the exceptions listed in paragraph (2), the Secretaries
shall procure facilities, buildings, or structures, including
not fewer than 100 single-occupancy restrooms, using domestic
mass timber.
(2) Exceptions.--The Secretaries may decide not to procure
facilities, buildings, or structures using domestic mass timber
if the Secretaries determine that the items--
(A) are not reasonably available within a
reasonable period of time;
(B) fail to meet the reasonable performance
standards of the procuring agencies;
(C) are not necessary to support the mission of the
applicable agency; or
(D) are available only at an unreasonable price.
(c) Coordination and Technical Assistance.--The Secretary of
Agriculture, acting through the Director of the Forest Products
Laboratory of the Forest Service, may coordinate with other Federal
agencies and non-Federal partners for the purpose of improving the
management and efficiency of constructing mass timber buildings and
infrastructure.
TITLE IV--RESEARCH
SEC. 401. LONGEVITY OF FOREST PRODUCTS.
The Secretary of Energy, in coordination with the Secretary of
Agriculture, shall--
(1) develop more accurate and efficient methods and
technologies to measure and monitor the amount and average
lifespan of carbon stored in woody biomass energy feedstocks
and building materials;
(2) by not later than 2 years after the date of enactment
of this Act, publish estimates of the amount and average
lifespan of carbon stored in different woody biomass energy
feedstocks and building materials, including in short-lived
forest products and long-lived wood products; and
(3) by not later than 3 years after the date of enactment
of this Act, publish an estimate of the total amount of carbon
stored in--
(A) short-lived forest products;
(B) building materials; and
(C) other long-lived wood products.
SEC. 402. FOREST INVENTORY AND ANALYSIS.
(a) In General.--To bring more innovation and efficiency to
climate-resilient forestry actions in the United States, the Secretary
of Agriculture, acting through the Chief of the Forest Service--
(1) shall publish a report, or expand on a report being
published pursuant to another provision of law, that
demonstrates the efforts of the Forest Service--
(A) to measure a consistent historical series of
field plots while using advanced technology, including
remote sensing, to improve data and information; and
(B) to use advanced geospatial technologies to
improve area and volume estimates, especially for sub-
State regions and smaller area estimates;
(2) may use remote sensing technologies and other
technologies to develop more accurate and efficient methods and
to reduce costs to facilitate the measuring and monitoring of
forest carbon in the United States, in a manner that can--
(A) assess landscape-scale or regional-scale carbon
stocking;
(B) improve the quantity and quality of the
information available to policy makers and forest
managers, including with regard to forest inventories
and verification activities;
(C) empower private forest owners to participate in
voluntary carbon crediting opportunities; and
(D) enable--
(i) a policy maker to compare the
consequences of policy options to increase
climate benefits from forests; and
(ii) an assessment of the effectiveness of
a policy implemented to increase the climate
benefits from forests; and
(3) may accelerate, or increase the frequency of, current
inventories and data collection activities across all forest
types to ensure consistent nationwide estimates of forest
carbon pools that can reflect short-term changes from
disturbances, such as wildfires, and management activities.
(b) Funding.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, may annually use to carry out this section
not more than $10,000,000 of any amount made available to the Forest
Service for research.
SEC. 403. BIOECONOMY RESEARCH.
The Secretary of Agriculture, acting through the Director of the
Forest Products Laboratory of the Forest Service, shall expand research
relating to the use of wood--
(1) to facilitate the establishment of new markets,
including nontraditional markets, for material produced from
forest management projects that typically has little or no
commercial value;
(2) to increase the economic viability of manufacturing
products using material described in paragraph (1); and
(3) including structural testing of hardwood species for
use in mass timber.
SEC. 404. INSURANCE PRODUCT TO REPLACE BUFFERS.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, may--
(1) establish an intragovernmental revolving fund to
maintain adequate buffer reserves for a project implementing a
covered activity (as defined in subsection (a) of section 201)
under that section to cover unforeseen losses in carbon stocks
to address nonpermanence; and
(2) transfer amounts into and out of the intragovernmental
revolving fund established under paragraph (1) to serve as a
buffer pool for covered activities referred to in paragraph
(1).
SEC. 405. FOREST HEALTH THREAT CENTERS.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, shall--
(1) seek to expand the services provided by the Western
Wildland Environmental Threat Assessment Center and the Eastern
Forest Environmental Threat Assessment Center such that those
Centers become centers of excellence to inform large-scale
climate-resilient forest management; and
(2) share the syntheses, models, and application tools
developed by the Western Wildland Environmental Threat
Assessment Center and the Eastern Forest Environmental Threat
Assessment Center with--
(A) the Department of Agriculture climate hubs; and
(B) the Climate Adaptation Science Centers managed
by the Secretary, acting through the Director of the
United States Geological Survey.
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