[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4639 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4639
To establish a North American Grasslands Conservation Council, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2022
Mr. Wyden (for himself, Mr. Bennet, and Ms. Klobuchar) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To establish a North American Grasslands Conservation Council, 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 ``North American Grasslands
Conservation Act of 2022''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the maintenance of healthy populations of grassland
bird species and working lands that are critical for rural
economies and carbon sequestration are dependent on the
conservation, restoration, and management of grassland
ecosystems, which are composed of tallgrass, mixed grass, and
shortgrass prairies, sagebrush shrub-steppe, and savannah
grasslands (referred to in this section as ``grassland
ecosystems'');
(2) grasslands cover 358,000,000 acres of the United
States, 85 percent of which are privately owned and serve as an
important habitat for 29 breeding obligate grassland bird
species;
(3) sagebrush occupies 161,000,000 acres of 14 western
States;
(4) over the last decade alone, millions of acres of
grassland ecosystems in North America have been converted to
cropland and residential and commercial development;
(5) grassland ecosystems are threatened by fragmentation,
invasive species, wildfire, degradation, and land conversion;
(6) on average, about 1,200,000 acres of sagebrush burn
each year in the United States due to invasive annual grasses
that fuel catastrophic wildfires;
(7) in addition to the wildfires described in paragraph
(6), there has been a decrease in the number of working farms
and ranches due to--
(A) pressures to convert or sell land; and
(B) challenges in keeping ranching profitable; and
(8) effective restoration strategies for land managers of
grassland ecosystems require--
(A) access to adequate quantities of high quality,
regionally appropriate, and diverse native plant seeds;
(B) science-based guidance on cultivating native
plant species; and
(C) as stated in the National Seed Strategy for
Rehabilitation and Restoration developed by the Plant
Conservation Alliance and chaired by the Director of
the Bureau of Land Management, more research on
seedling establishment and species interaction in order
to increase the use of native plant species.
SEC. 3. PURPOSE.
The purpose of this Act is to take bold action to conserve and
restore grasslands in North America while supporting ranchers, farmers,
Indian Tribes, sportsmen and sportswomen, rural communities, and other
interests by--
(1) preventing additional conversion and loss of native
grasslands and loss of sagebrush biome and sustaining those
ecosystems as working lands by creating a flexible, voluntary,
and innovative grant program;
(2) improving grassland and rangeland health and
management;
(3) mitigating the impacts of severe drought and wildfire
on grasslands;
(4) supporting farmer and rancher stewards and Tribal
partners;
(5) improving biodiversity and habitat for grassland and
sagebrush birds, pollinators, and other wildlife;
(6) increasing carbon sequestration;
(7) providing increased recreational and hunter access
opportunities, at the discretion of private landowners; and
(8) encouraging stronger public-private partnerships in
support of landscape-level grassland conservation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Conservation strategy.--The term ``Conservation
Strategy'' means the North American Grasslands Conservation
Strategy established under section 7(a).
(2) Council.--The term ``Council'' means the North American
Grasslands Conservation Council established by section 5(a).
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a grazing land coalition;
(B) an agricultural or livestock producer group;
(C) an Indian Tribe;
(D) a land trust;
(E) a State or local government;
(F) a Federal land management agency;
(G) a nongovernmental organization;
(H) a community-based organization; and
(I) a group of individuals that are private
landowners.
(5) Grasslands.--The term ``grasslands'' means tallgrass,
mixed grass, shortgrass, native prairie, sagebrush shrub-
steppe, savanna grasslands, glades, wet meadows, coastal
grasslands, and other related grassland ecosystems.
(6) Grasslands conservation project.--The term ``grasslands
conservation project'' means any conservation, restoration,
protection, or enhancement activity that is carried out with a
grant awarded under the program.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Program.--The term ``program'' means the grant program
established under section 8(a).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 5. NORTH AMERICAN GRASSLANDS CONSERVATION COUNCIL.
(a) Establishment.--There is established the North American
Grasslands Conservation Council.
(b) Membership.--
(1) In general.--The Council shall be composed of 10
members, of whom--
(A) 1 shall be the Director, who shall be the
responsible Federal official for ensuring Council
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(B) 1 shall be a representative of the National
Fish and Wildlife Foundation;
(C) 2 shall be appointed by the Secretary, who
shall each be a Director of a State fish and wildlife
agency;
(D) 2 shall be appointed by the Secretary, who
shall be representatives of Indian Tribes;
(E) 2 shall be appointed by the Secretary, who
shall each represent a different landowning, farming,
ranching, or grazing group organization that is
actively participating in carrying out grassland
conservation projects; and
(F) 2 shall be appointed by the Secretary, who
shall be members of conservation organizations.
(2) Period of appointment; vacancies.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Council shall serve for a term of
3 years.
(B) Exceptions.--
(i) Directors of state fish and wildlife
agencies.--Of the members first appointed under
paragraph (1)(C)--
(I) 1 shall be appointed for a term
of 2 years; and
(II) 1 shall be appointed for a
term of 3 years.
(ii) Other members.--Of the members first
appointed under subparagraphs (D), (E), and (F)
of paragraph (1)--
(I) 2 shall be appointed for a term
of 1 year;
(II) 2 shall be appointed for a
term of 2 years; and
(III) 2 shall be appointed for a
term of 3 years.
(C) Vacancies.--
(i) In general.--With respect to a member
appointed to the Council under subparagraph (C)
or (E) of paragraph (1), a vacancy in the
Council shall be filled in accordance with that
subparagraph for the remainder of the
applicable term of that member.
(ii) Alternate members.--Until a vacancy
referred to in clause (i) is filled, or in the
event of an anticipated absence of a member
described in that clause from any meeting of
the Council, the Secretary shall appoint an
alternate member to the Council who shall--
(I) be knowledgeable and
experienced in matters relating to
grassland conservation and restoration;
and
(II) perform the duties of a member
appointed to the Council under
subparagraph (C) or (E) of paragraph
(1).
(3) Ex officio members.--The Secretary may include as ex
officio, nonvoting members of the Council--
(A) the Under Secretary for Farm Production and
Conservation of the Department of Agriculture;
(B) the Director of the Bureau of Land Management;
and
(C) representatives of--
(i) other appropriate Federal, provincial,
territorial, or Tribal government agencies; and
(ii) nonprofit charitable organizations and
Native American interests, including Tribal
organizations, that are participating in
grasslands conservation projects.
(4) Chairperson.--
(A) In general.--The Council shall select a
Chairperson from among the members of the Council.
(B) Term.--A Chairperson shall serve for a 3-year
term, except that the first selected Chairperson may
serve a term of less than 3 years.
(c) Meetings.--
(1) In general.--The Council shall meet at the call of the
Chairperson.
(2) Frequency.--The Council shall meet not less frequently
than once per year.
(3) Format.--A meeting of the Council may be conducted in
person or virtually.
(4) Availability.--Meetings of the Council shall be open to
the public, and the Council shall give public notice of the
time and place of such meetings.
(d) Duties.--The Council shall--
(1) provide input to the Director in the development of the
Conservation Strategy;
(2) establish publicly available project evaluation
criteria for applications submitted under the program; and
(3) provide funding recommendations to the Director with
respect to those applications.
(e) Compensation.--A member of the Council shall receive no
compensation as a result of serving on the Council.
(f) FACA Applicability.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
SEC. 6. REGIONAL GRASSLANDS CONSERVATION COUNCILS.
(a) In General.--There are established Regional Grasslands
Conservation Councils for each region established by the Director, in
consultation with relevant Federal agencies.
(b) Membership.--Each Regional Grasslands Conservation Council
shall be composed of not more than 10 members, which shall include--
(1) representatives of nongovernmental organizations
representing the conservation community;
(2) representatives from Tribal governments and
organizations;
(3) representatives of rancher and farming interests;
(4) representatives from State fish and wildlife agencies;
and
(5) any other representatives, as determined necessary by
the Secretary in coordination with the Council.
(c) Recommendations.--A Regional Grasslands Conservation Council
shall provide recommendations to the Council on--
(1) the selection of grasslands conservation projects; and
(2) best practices of established regional grassland
conservation plans.
(d) FACA Applicability.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to a Regional Grasslands Conservation
Council.
SEC. 7. NORTH AMERICAN GRASSLANDS CONSERVATION STRATEGY.
(a) In General.--After not less than half of the members of the
Council are appointed under section 5(b)(1), the Director shall, in
consultation with the Council--
(1) develop a coordinated strategy, to be known as the
``North American Grasslands Conservation Strategy'', for the
protection, restoration, and management of grassland ecosystems
across the United States; and
(2) support implementation, monitoring, and communication
efforts relating to the Conservation Strategy.
(b) Existing Conservation Plans.--The Conservation Strategy shall
draw from existing local, State, and regional conservation plans and
frameworks, conservation plans of Indian Tribes, and State wildlife
action plans, with an emphasis on supporting existing science-based
frameworks from the Natural Resources Conservation Service, including
the Working Land for Wildlife framework.
(c) Inclusion.--The Conservation Strategy shall--
(1) identify key areas with--
(A) grasslands at high risk of conversion to
cropland, residential and commercial development, shrub
or woody encroachment, or invasion of annual grasses or
other undesired vegetation;
(B) the highest potential of conserving native
grasslands, restoring grasslands, and reducing
fragmentation;
(C) ecologically significant grassland remnants;
(D) populations of grassland bird species of
greatest conservation need, as identified in--
(i) State wildlife action plans;
(ii) Tribal conservation plans; or
(iii) the report of the United States Fish
and Wildlife Service entitled ``Birds of
Conservation Concern 2021 Migratory Bird
Program'' and dated April 2021 (or a successor
document); and
(E) grassland habitats important to the recovery of
species listed as threatened species or endangered
species under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533);
(2) identify specific goals for increasing grassland
acreage and enhancing existing grasslands primarily through
incentivizing the voluntary restoration of grasslands and the
management of native prairie or sagebrush shrublands through
conservation practices such as--
(A) advanced grazing management or other prescribed
grazing management that meets the objectives of the
Conservation Strategy;
(B) prescribed fires;
(C) invasive species management;
(D) removal of encroaching woody vegetation; and
(E) restoration of marginal cropland and
pastureland to native grasslands in areas that were
historically grasslands; and
(3) develop--
(A) baseline inventories and population estimates
of key indicator birds, pollinators, and other wildlife
species at risk;
(B) goals for increasing population size and
resiliency of those species, including through ensuring
grassland habitat connectivity; and
(C) a tool for tracking county-level aggregated
conversion of native grasslands to cropland,
residential and commercial development, and other uses
that shall be--
(i) made publicly available; and
(ii) updated on an annual basis.
(d) Availability.--Not later than 120 days before the date on which
the program is established, the Conservation Strategy shall be
finalized and made publicly available on the website of the United
States Fish and Wildlife Service to help target investments in
grasslands conservation projects.
SEC. 8. GRASSLAND CONSERVATION GRANT PROGRAM.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Director, in consultation with the Secretary
of Agriculture and other heads of relevant Federal agencies, shall
establish a competitive grant program to award grants to eligible
entities for eligible projects to support voluntary grasslands
conservation projects, including projects--
(1) to conserve intact grasslands at risk of conversion to
cropland and residential and commercial development;
(2) to restore degraded grasslands and improve grassland
health;
(3) to increase carbon sequestration and ecological
function in soils and improve resilience of grasslands;
(4) to support habitat and habitat connectivity for native
grassland and sagebrush birds, pollinators, plants, watersheds,
and other wildlife, including big game species; and
(5) to restore and enhance watersheds.
(b) Applications.--An eligible entity desiring a grant under the
program shall submit to the Director an application at such time, in
such manner, and containing such information as the Director may
require.
(c) Priority.--In awarding grants under the program, the Director
shall prioritize grants to eligible entities that advance the goals of
the Conservation Strategy.
(d) Considerations.--In awarding grants under the program, the
Director shall consider recommendations made by the Council.
(e) Use of Funds.--
(1) In general.--An eligible entity may use a grant awarded
under the program for grasslands conservation projects,
including--
(A) voluntary conservation easements;
(B) restoration and management activities,
including--
(i) voluntary incentives to producers for
prescribed burns;
(ii) removal of pinyon juniper or any other
encroaching woody species;
(iii) management of invasive species;
(iv) maintenance and monitoring of new or
ongoing grasslands conservation projects;
(v) advanced grazing management activities;
(vi) drought monitoring and preparedness
activities; and
(vii) such other restoration and management
activities as determined appropriate by the
Director;
(C) ecosystem education, outreach, and conservation
stewardship assistance, which may include--
(i) field days;
(ii) grazing management training programs;
(iii) conservation planning; and
(iv) education and outreach relating to--
(I) grazing management;
(II) control of invasive species;
(III) prescribed fires;
(IV) native seed crop systems
research, in accordance with the
research carried out by the Secretary
of Agriculture under section 9;
(V) land access, generational land
transfers, and ensuring ranchland
viability;
(VI) best management practices
relating to grassland biomes; and
(VII) participation in carbon and
ecosystem markets;
(D) payments for ecosystem or conservation
services; and
(E) such other activities that benefit grasslands
and associated wildlife.
(2) Restoration activities.--For purposes of paragraph
(1)(B), any restoration activity shall prioritize a diverse mix
of appropriately sourced native grasses and forbs, with such
exceptions as the Director determines to be appropriate for
ecologically appropriate noninvasive and non-native species.
(f) Grasslands Conservation Projects in Mexico and Canada.--The
Secretary shall grant or otherwise provide up to 10 percent of the
amounts made available under section 12(a)(1) to Federal agencies,
eligible entities, and other individuals and entities, including
foreign land management agencies, for the purpose of assisting those
entities and individuals in carrying out grasslands conservation
projects in Mexico and Canada that--
(1) have been approved by the Council; and
(2) meet the goals of the Conservation Strategy.
(g) Tribal Set-Aside.--For each fiscal year, of the amounts made
available to carry out the program, the Director shall set aside not
less than 10 percent to provide grants to Indian Tribes and Tribal
organizations.
(h) Cost-Sharing Requirement.--
(1) In general.--Subject to paragraph (2), the non-Federal
share of the cost of carrying out an eligible project using
funds from a grant awarded under the program shall be not less
than 25 percent, including in-kind contributions.
(2) Waivers.--
(A) Indian tribes.--The Secretary shall waive the
cost-share requirement under paragraph (1) for grants
awarded to Indian Tribes and Tribal organizations.
(B) Other eligible entities.--The Council shall
establish waiver criteria under which the Secretary may
waive the cost-share requirement under paragraph (1),
in whole or in part, for grants awarded to such other
eligible entities.
(i) Administrative Costs.--An eligible entity awarded a grant under
this section may use the grant funds for administrative costs relating
to that grant.
SEC. 9. NATIVE SEED CROP SYSTEMS RESEARCH.
The Secretary and the Secretary of Agriculture shall jointly
coordinate and implement the National Seed Strategy for Rehabilitation
and Restoration developed by the Plant Conservation Alliance and
chaired by the Director of the Bureau of Land Management, with an
emphasis on--
(1) research relating to native seed crop systems,
including--
(A) agronomic research to improve the understanding
of native plants as seed crops for native rangeland
revegetation, with an emphasis on enhancing natural
plant establishment in the environment;
(B) research on plant seed physiology to improve
seed quality, storage, and seeding success in the
landscape;
(C) the development and technology transfer of best
management practices and technologies for seed
production, seed collection, seed storage, and
reseeding success in the environment;
(D) research on soil chemistry and biome
composition and how soil chemistry and biome
composition impact native seed establishment; and
(E) identification of scenarios and preferred
species for the incorporation of non-native seed, with
the goal of the overall successful restoration of
functional groups of species;
(2) extension of research described in paragraph (1) to
seed producers and land managers responsible for restoration
efforts; and
(3) production, storage, distribution, and planting of
native seed crops in grassland areas for restoration.
SEC. 10. REGENERATIVE GRAZING DATA COLLECTION.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)); and
(B) 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))).
(2) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (b)(1).
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture (acting through the Chief of the
Forest Service) and the Secretary (acting through the Director
of the Bureau of Land Management), acting jointly.
(b) Pilot Program for Use of Regenerative Grazing on Federal Land
To Mitigate the Effects of Climate Change.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall establish a pilot
program to study the effectiveness of using grazing on Federal
land to mitigate the effects of climate change.
(2) Requirements.--In carrying out the pilot program, the
Secretaries shall--
(A) identify--
(i) a standard set of practices to study,
such as carbon beneficial practices, that
support conservation and grazing goals,
including--
(I) ecologically appropriate
silvopasture;
(II) practices that provide
wildlife habitat benefits;
(III) practices that consider
flexibility in season of use;
(IV) forage and biomass management;
(V) planned grazing; and
(VI) range monitoring; and
(ii) sufficient grazing allotments on a
diverse mixture of ecosystems to identify
whether, and the extent to which, grazing is an
effective tool to mitigate effects of climate
change, including the ability--
(I) to improve soil health;
(II) to increase carbon
sequestration;
(III) to reduce wildfire risk; and
(IV) to improve watershed
resilience and biodiversity; and
(B) in developing, implementing, and monitoring the
pilot program, consult with--
(i) the Chief of the Forest Service;
(ii) the Director of the Bureau of Land
Management;
(iii) the Administrator of the Agricultural
Research Service;
(iv) the Chief of the Natural Resources
Conservation Service;
(v) the Director of the United States
Geological Survey;
(vi) ranchers and representatives of the
ranching industry;
(vii) representatives from grazing
districts, associations, boards, or councils;
(viii) environmental and conservation
nongovernmental organizations;
(ix) institutions of higher education; and
(x) any other Federal or State agency,
academic institution, or organization that the
Secretaries determine to be appropriate.
(3) Use of funds.--Funds made available to carry out the
pilot program may be used for--
(A) the conduct of research activities;
(B) the provision of technical assistance to
permittees; or
(C) the construction of infrastructure necessary
for implementing and analyzing regenerative grazing.
(4) Report to congress.--Not later than 180 days after the
date on which the Secretaries determine that a sufficient
quantity of data has been collected under the pilot program,
the Secretaries shall submit to the Committee on Energy and
Natural Resources and the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Natural
Resources and the Committee on Agriculture of the House of
Representatives, and make publicly available on the websites of
the Department of Agriculture and the Department of the
Interior, a report on the findings and data derived from the
pilot program, including whether and the extent to which the
use of regenerative grazing improved the ability to mitigate
the impacts of climate change.
SEC. 11. REPORT TO CONGRESS.
The Director shall submit to Congress, and make publicly available,
an annual report on the implementation of this Act, which shall include
an annual assessment of the status of grasslands conservation projects,
including an accounting of expenditures by Federal, State, and other
entities.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) to the Director to carry out the program, $290,000,000
for each of fiscal years 2022 through 2026, to remain available
until expended;
(2) to carry out section 5, $1,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended;
(3) to the Secretary of Agriculture to carry out section 9,
$1,000,000 for each of fiscal years 2022 through 2025, to
remain available until expended; and
(4) to carry out section 10, $10,000,000 for each of fiscal
years 2022 through 2024, to remain available until expended.
(b) Administrative Costs for the Council and Program.--Of the
amounts made available under subsection (a)(2), not more than 10
percent may be used for administrative costs relating to the Council
and the program.
(c) Limitation.--None of the funds made available under this
section may be used for species or habitat mitigation under any Federal
law.
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