[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1459
To establish an Outdoor Restoration Fund for restoration and resilience
projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 21, 2025
Mr. Crow introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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 ``Protect the West Act of 2025''.
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 emergency watershed protection program
established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203);
(I) the Collaborative Forest Landscape Restoration
Program established under section 4003 of Public Law
111-11 (16 U.S.C. 7303);
(J) the legacy roads and trails program of the
Department of Agriculture;
(K) the working lands for wildlife program of the
Department of Agriculture; and
(L) 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 government or quasi-governmental
organization;
(E) a special district; or
(F) a nonprofit organization.
(5) Fund.--The term ``Fund'' means the Outdoor and
Watershed 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 carried
out on Federal land, non-Federal land, or both, that is
designed in accordance with the best available science to
conduct restoration that measurably improves--
(A) forest conditions;
(B) rangeland and native grassland 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 AND WATERSHED RESTORATION FUND.
(a) Establishment.--There is established in the Treasury an Outdoor
and Watershed Restoration Fund.
(b) Purpose.--The purpose of the Fund is to provide funding for the
grant program and the Restoration and Resilience Partnership Program
under section 6.
(c) Use.--Amounts in the Fund shall be used by the Secretary
through a transparent process--
(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.
(d) 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.
(e) 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.
(f) Interagency Flexibility and Leverage.--To facilitate
interagency cooperation and enhance the speed and scale of results of
activities carried out using amounts in the Fund--
(1) matching funds or cost-sharing requirements of a
covered authority may be satisfied through the contribution of
funding from--
(A) 1 or more other covered authorities; or
(B) funds appropriated under section 8; and
(2) the Secretary shall modify, expand, or streamline
eligibility and verification criteria for covered authorities
to maximize flexibility, speed, and use of Federal funds in the
most effective manner to achieve outcomes of activities using
amounts in the Fund.
(g) Pay-for-Performance Contract Authority.--In using amounts in
the Fund, the Secretary may use a contract, grant agreement, or fixed
amount award to purchase successfully implemented restoration and
resilience project outcomes from qualifying projects, as determined by
the Secretary, at a negotiated per-unit price.
(h) Acceptance and Use of Contributions.--
(1) In general.--The Secretary of the Treasury, or a
designee, may establish in the Treasury an account to accept
contributions of non-Federal funds for the Fund.
(2) Deposit and use of contributions.--Contributions of
non-Federal funds received for the Fund shall be--
(A) deposited into the account established under
paragraph (1); and
(B) available to the Secretary, without further
appropriation and until expended, to carry out
activities described in subsection (c).
(i) Oversight.--Not later than 1 year 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 recommendations to the Secretary with
respect to--
(1) the disbursement of amounts from the Fund for the grant
program;
(2) priority-setting for landscapes; and
(3) evaluation and monitoring for restoration and
resilience project success.
(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 from each of 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 the Committee on Agriculture, Nutrition,
and Forestry and the Committee on Appropriations of the Senate and the
Committee on Agriculture, the Committee on Natural Resources, and the
Committee on Appropriations of the House of Representatives a report
describing--
(1) the status of any restoration and resilience projects
that received amounts from the Fund, including--
(A) environmental and climate benefits;
(B) restoration achievements;
(C) attainment of restoration and habitat
improvement objectives;
(D) jobs created and retained;
(E) the growth in outdoor industries that provide
capacity to carry out restoration and resilience
projects; and
(F) progress towards State-, Tribal-, and
community-level resilience goals; and
(2) recommendations to improve coordination, align Federal,
State, or Tribal resources or existing authorities, and expand
workforce capacity in outdoor industries that provide capacity
to carry out restoration and resilience projects 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--
(A) planning, coordinating, and monitoring
restoration and resilience projects on non-Federal
land; and
(B) providing support for collaboration and
monitoring on Federal land; and
(2) to support, on non-Federal land--
(A) restoration and resilience projects;
(B) efforts to improve wildfire resistive
construction and reduce risks within the home ignition
zone; 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
guidance of the Council, to provide grants or pay-for-performance
contracts 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--
(1) seek input from and coordinate with State or regional
efforts, initiatives, and partnerships to restore ecological
integrity on Federal land and non-Federal land; and
(2) complement or 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 or pay-for-performance
contracts under paragraph (2) and implementation grants or pay-
for-performance contracts under paragraph (3).
(2) Capacity grants.--
(A) In general.--Capacity grants or pay-for-
performance contracts shall be made available to
eligible entities for the purpose described in
subsection (a)(1).
(B) Application.--
(i) In general.--A grant or pay-for-
performance contract 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;
(III) a description of how the
proposed planning, coordinating, or
monitoring of restoration and
resilience projects would be carried
out in accordance with the best
available ecological restoration
science; and
(IV) an estimate of the number and
duration of jobs that provide capacity
to carry out restoration and resilience
projects that would be created, or
sustained, with the funds.
(C) Condition.--To the maximum extent practicable,
the Secretary shall provide grant-writing training and
mentoring opportunities for lower-capacity, less
collaborative experience, or underserved communities
and organizations to help lower the barriers to
participation in, and create more inclusion in and
opportunities under, the grant program.
(3) Implementation grants.--
(A) In general.--Implementation grants or pay-for-
performance contracts shall be made available to
eligible entities for the purpose described in
subsection (a)(2).
(B) Application.--A grant or pay-for-performance
contract 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.
(C) Waiver.--The Secretary may waive matching
requirements under covered authorities for applicants
for grants or pay-for-performance contracts under this
paragraph representing lower-capacity, less
collaborative experience, or underserved communities
and organizations and rural communities.
(e) Priority.--In carrying out the grant program, the Secretary, in
consultation with the Council, shall give priority to projects that
would--
(1) create or sustain jobs, employ local or regional labor,
or expand the outdoor workforce to provide capacity to carry
out restoration and resilience projects or equitable outdoor
access through training and education programs;
(2) be developed through a collaborative process, relying
on the best available social ecological restoration science,
with multiple stakeholders representing diverse interests;
(3) address shared priorities for Federal and non-Federal
partners;
(4) advance State, local, and Tribal plans relating to
forests, water, wildlife, or equitable outdoor access;
(5) utilize watershed data analytics to quantify,
prioritize, and measure expected outcomes from proposed
restoration activities;
(6) be carried out by or in lower-capacity, less
collaborative experience, or underserved communities and
organizations; or
(7) improve long-term economic security in the geographic
region through restoration and resilience projects, equitable
outdoor access, and the indirect benefits of those projects and
access, 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'';
(B) any other mapping resource or data source
approved by the Secretary that depicts the risk of
wildfires; or
(C) fire-risk assessment resources or mapping tools
maintained by the applicable State;
(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 would--
(A) focus on the reintroduction of characteristic,
low-intensity fire in frequent fire regime ecosystems;
(B) 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) measurably improve habitat conditions for at-
risk wildlife;
(E) measurably improve water quality or water
quantity outcomes in waterways that flow through and
out of priority areas;
(F) establish plans for measuring project success
and environmental outcomes;
(G) promote community and homeowner involvement in
planning and implementing actions to mitigate the risk
posed by wildfire in the wildland-urban interface;
(H) emphasize proactive wildfire risk mitigation
actions in the wildland-urban interface; and
(I) increase fire adaption in communities located
within 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) in the case of a restoration and
resilience project carried out on Federal land,
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
comparable roadless area defined by a State-
specific rule; 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. OVERSIGHT.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall submit to Congress a report that, with respect to
funding made available by the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 429) or Public Law 117-169 (commonly
known as the ``Inflation Reduction Act of 2022'') for purposes of
forestry--
(1) explains the methodology for priority landscapes set by
the Secretary;
(2) describes the metrics the Secretary is using for
measuring performance and outcomes; and
(3) describes the allocation of funds to States, forests,
and Indian Tribes.
SEC. 8. 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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