118 HR 4817 IH: Saving Hazardous And Declining Environments Act
U.S. House of Representatives
2023-07-20
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 4817
IN THE HOUSE OF REPRESENTATIVES
July 20, 2023
Mrs. Watson Coleman (for herself, Mr. Gallego, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Ms. Bush, Mr. Carter of Louisiana, Mr. Cartwright, Ms. Chu, Ms. Clarke of New York, Mr. Cleaver, Ms. Barragán, Mr. Doggett, Mr. Evans, Mr. Grijalva, Ms. Norton, Mr. Huffman, Ms. Jackson Lee, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Khanna, Ms. Lee of California, Ms. Matsui, Ms. Meng, Ms. Ocasio-Cortez, Mr. Pallone, Mr. Quigley, Mr. Raskin, Mr. Sarbanes, Ms. Stansbury, Ms. Strickland, Ms. Titus, Ms. Tlaib, Ms. Velázquez, Ms. Williams of Georgia, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To direct the Secretary of Housing and Urban Development to establish a grant program for planting of qualifying trees in eligible areas, and for other purposes.
1.

Short title
This Act may be cited as the “Saving Hazardous And Declining Environments Act” or the “SHADE Act”.
2.

Tree planting grant program
(a)

Establishment
The Secretary of Housing and Urban Development, in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish a grant program under which the Secretary shall award grants to eligible entities to plant qualifying trees in eligible areas.
(b)

Applications
(1)

In general
An eligible entity that seeks to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
(2)

Contents
An application submitted under paragraph (1) shall include a 5-year timeline and budget for the planting and maintenance associated with any qualifying trees awarded.
(3)

Community involvement
The Secretary shall require eligible entities to develop a public participation plan to ensure that residents of the area in which a project is to be implemented are involved in decision-making about the project and such public participation plan may include—
(A)
opportunities for local non-profits to be involved;
(B)
opportunities for public input; and
(C)
demonstrated support from the community.
(c)

Selection
(1)

In general
The Secretary shall determine which eligible entities shall receive a grant under this section.
(2)

Priority
When awarding grants under subsection (a), the Secretary shall give priority to eligible entities that, as determined by the Secretary, have or are likely to develop a housing policy plan designed to avoid the displacement of current residents, including a plan for new housing development or a plan for increasing property value in the eligible area.
(d)

Use of amounts
An eligible entity that receives a grant under subsection (a) shall use amounts provided to cover costs associated with—
(1)
implementing the tree planting project in an eligible area, including—
(A)
planning and designing the planting activity;
(B)
purchasing qualifying trees; and
(C)
preparing the site and conducting planting, including the labor and cost associated with the use of machinery;
(2)
maintaining and monitoring planted trees for a period of up to 5 years to ensure successful establishment of the qualifying trees;
(3)
training activities associated with the project; and
(4)
other relevant costs, as determined by the Secretary.
(e)

Authorization of appropriations
There are authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2024 through 2034.
(f)

Definitions
In this section:
(1)

Eligible entity
The term eligible entity means—
(A)
a State, Territory, or Tribal agency;
(B)
a local government entity;
(C)
an Indian Tribe; and
(D)
a nonprofit organization.
(2)

Eligible areas
The term eligible area means a redlined area or an overburdened area.
(3)

Limited English proficiency household
The term limited English proficiency household means that a household does not have an adult that speaks English “very well” as determined by the United States Census Bureau.
(4)

Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5)

Local governmental entity
The term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions.
(6)

Overburdened area
The term overburdened area means, as determined by the Secretary, an area where—
(A)
35 percent or more of households qualify as low-income households;
(B)
40 percent or more of residents identify as a minority or as members of a State-recognized tribal community; or
(C)
40 percent or more of households are limited English proficiency households.
(7)

Nonprofit organization
The term nonprofit organization means an organization that—
(A)
is described in section 170(h)(3) of the Internal Revenue Code of 1986; and
(B)
operates in accordance with one or more of the purposes described in section 170(h)(4)(A) of that Code.
(8)

Qualifying tree
The term qualifying tree means a tree that—
(A)
is a species that is not an invasive species in the eligible area in which such tree is to be planted; and
(B)
is not a species that is, in the eligible area at the time of planting, being attacked by an invasive species, unless the eligible entity has a plan to limit the risk of death of the tree to be planted.
(9)

Redlined area
The term redlined area means, as determined by the Secretary—
(A)
a census tract graded as “hazardous” or “definitely declining” in maps drawn by the Home Owners’ Loan Corporation that are, as of the date of enactment of this Act, low-income communities; and
(B)
a census tract that was designated for non-White citizens in jurisdictions that historically had racially segregated zoning codes and are, as of the date of enactment of this Act, low-income communities.
(10)

Secretary
The term Secretary means the Secretary of Housing and Urban Development.