[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5015 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5015

To establish an Outdoor Restoration Fund for restoration and resilience 
                   projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2020

  Mr. Bennet introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish an Outdoor Restoration Fund for restoration and resilience 
                   projects, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outdoor Restoration Force Act of 
2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Restoration 
        Fund Advisory Council established by section 4(a).
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State agency;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a regional organization;
                    (E) a special district; or
                    (F) a nonprofit organization.
            (3) Eligible project.--
                    (A) In general.--The term ``eligible project'' 
                means a project or initiative--
                            (i) that improves--
                                    (I) ecosystem health and 
                                resilience, including forest, 
                                watershed, and rangeland ecosystems 
                                across public and private land, 
                                including--
                                            (aa) fire mitigation 
                                        efforts;
                                            (bb) forest and river 
                                        restoration;
                                            (cc) reforestation efforts; 
                                        or
                                            (dd) natural infrastructure 
                                        projects, including projects 
                                        that sequester carbon, mitigate 
                                        emissions, or improve climate 
                                        resilience;
                                    (II) air and water quality, 
                                including the cleanup and restoration 
                                of--
                                            (aa) abandoned coal or 
                                        hardrock mines;
                                            (bb) toxic waste sites; or
                                            (cc) orphaned oil or gas 
                                        wells; or
                                    (III) wildlife habitats, including 
                                projects that--
                                            (aa) expand wildlife 
                                        crossings and habitat 
                                        connectivity;
                                            (bb) create or improve 
                                        habitats for at-risk species;
                                            (cc) manage or remove 
                                        invasive species from wildlife 
                                        habitats; or
                                            (dd) conserve working land;
                            (ii) that is carried out in accordance 
                        with--
                                    (I) the management objectives of an 
                                applicable land management plan adopted 
                                under--
                                            (aa) section 202 of the 
                                        Federal Land Policy and 
                                        Management Act of 1976 (43 
                                        U.S.C. 1712); or
                                            (bb) section 6 of the 
                                        Forest and Rangeland Renewable 
                                        Resources Planning Act of 1974 
                                        (16 U.S.C. 1604);
                                    (II) any other authorized use not 
                                in the applicable land management plan 
                                described in subclause (I); and
                                    (III) applicable law and available 
                                authorities; and
                            (iii) that does not include efforts to 
                        remove old growth stands (as defined in section 
                        102(e) of the Healthy Forests Restoration Act 
                        of 2003 (16 U.S.C. 6512(e))).
                    (B) Inclusion.--The term ``eligible project'' may 
                include, if a project or initiative described in 
                subparagraph (A) is administered in coordination with 
                an eligible entity, efforts to improve public access 
                and outdoor recreation, including efforts--
                            (i) to enhance recreational facilities or 
                        trails;
                            (ii) to improve equitable access to the 
                        outdoors; or
                            (iii) to reduce the negative effects of 
                        recreation on forests, watersheds, or wildlife.
            (4) Fund.--The term ``Fund'' means the Outdoor Restoration 
        Fund established by section 3(a).

SEC. 3. OUTDOOR RESTORATION FUND.

    (a) Establishment.--There is established in the Treasury an Outdoor 
Restoration Fund.
    (b) Use.--Amounts in the Fund shall be used--
            (1) by the Council to carry out the restoration and 
        resilience project grant program established by section 5; and
            (2) by the Secretary of the Interior, the Secretary of 
        Agriculture, and the Administrator of the Environmental 
        Protection Agency to carry out the restoration and resilience 
        partnership established by section 6.
    (c) Savings Provisions.--
            (1) Complementary programs.--Activities carried out under 
        this Act shall complement, not duplicate or replace, existing 
        programs for Federal conservation and restoration, including 
        initiatives for--
                    (A) at-risk wildlife and wildlife habitats;
                    (B) fire mitigation and forest restoration;
                    (C) the improvement of water quality; or
                    (D) environmental remediation.
            (2) Applicable law.--Amounts made available under this Act 
        may be used for eligible projects on Federal, State, Tribal, 
        and private land, in accordance with applicable law and 
        available authorities.
    (d) Supplement, Not Supplant.--Amounts provided under this Act 
shall supplement, not supplant, any Federal, State, or other funds 
otherwise made available to an eligible entity for activities described 
in this Act.

SEC. 4. RESTORATION FUND ADVISORY COUNCIL.

    (a) Establishment.--There is established a Restoration Fund 
Advisory Council--
            (1) to disburse amounts from the Fund for the restoration 
        and resilience project grant program established by section 5; 
        and
            (2) to gather public input and provide recommendations to 
        the Secretary of the Interior, the Secretary of Agriculture, 
        and the Administrator of the Environmental Protection Agency 
        for the use of the Fund for the restoration and resilience 
        partnership established by section 6.
    (b) Membership.--The Council shall be composed of--
            (1) the Secretary of the Interior;
            (2) the Secretary of Agriculture;
            (3) the Administrator of the Environmental Protection 
        Agency; and
            (4) 15 members, to be appointed by the Secretary of the 
        Interior, the Secretary of Agriculture, and the Administrator 
        of the Environmental Protection Agency, of whom--
                    (A) 5 shall be representatives from resource-
                dependent industries, including the agriculture, oil 
                and gas, outdoor recreation, and forest product 
                industries;
                    (B) 5 shall be national experts in the fields of 
                natural resource restoration, economic development, and 
                community and climate resilience; and
                    (C) 5 shall be representatives of eligible 
                entities.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Council shall submit to Congress 
a report describing--
            (1) the status of funded eligible projects, including--
                    (A) scientifically defensible estimates of 
                environmental benefits;
                    (B) restoration achievements;
                    (C) attainment of restoration and habitat 
                improvement objectives;
                    (D) adaptive measures undertaken;
                    (E) jobs created and retained through--
                            (i) grants made from the Fund; and
                            (ii) activities carried out under the 
                        restoration and resilience partnership 
                        established by section 6;
                    (F) the growth in outdoor industries; and
                    (G) progress towards State and community level 
                resilience goals;
            (2) Federal programs and existing authorities, including 
        funding, financing, technical assistance, and coordination 
        efforts, that contribute to, support, or otherwise complement 
        funded eligible projects; and
            (3) recommendations to improve delivery, align Federal 
        resources, and expand the workforce in outdoor industries 
        through legislative and administrative changes.
    (d) Review.--Not later than 180 days after the date of enactment of 
this Act, and annually thereafter, the Inspector Generals of the 
Department of the Interior, the Department of Agriculture, and the 
Environmental Protection Agency shall review, and submit to the 
Committees on Agriculture, Nutrition, and Forestry, Environment and 
Public Works, Energy and Natural Resources, and Appropriations of the 
Senate and the Committees on Agriculture, Science, Space, and 
Technology, Energy and Commerce, Natural Resources, and Appropriations 
of the House of Representatives a report describing--
            (1) the use of the Fund by the Council for the restoration 
        and resilience project grant program established by section 5;
            (2) the use of the Fund by the Secretary of the Interior, 
        the Secretary of Agriculture, and the Administrator of the 
        Environmental Protection Agency for the restoration and 
        resilience partnership established by section 6; and
            (3) any abuse or misuse of the Fund.

SEC. 5. RESTORATION AND RESILIENCE PROJECT GRANT PROGRAM.

    (a) Establishment.--There is established a restoration and 
resilience project grant program (referred to in this section as the 
``grant program''), to be administered by the Council in conjunction 
with a regional entity under subsection (b), to provide grants from the 
Fund to eligible entities for eligible projects.
    (b) Regional Entities.--
            (1) In general.--The Council shall coordinate with not less 
        than 1 existing regional entity, or a regional entity 
        established by the Council, in a specific geographic region to 
        assist with the grant program under this section.
            (2) Membership.--A regional entity shall include 
        representatives, who have a strong understanding of the 
        economic and environmental challenges in the geographic region, 
        from--
                    (A) Federal and State agencies;
                    (B) Tribal governments;
                    (C) resource-dependent industries;
                    (D) economic development organizations; and
                    (E) conservation organizations.
            (3) Role of regional entities.--A regional entity shall--
                    (A) act as an advisor and intermediary between the 
                Council and an eligible entity;
                    (B) assist with the development of competitive 
                funding applications made to the Council;
                    (C) provide advice, resources, and best practice 
                recommendations to any eligible entity that is 
                interested in applying for a grant;
                    (D) review an application made by an eligible 
                entity under this section;
                    (E) recommend eligible projects to the Council for 
                priority funding; and
                    (F) assist with data collection to develop the 
                report to Congress made by the Council under section 
                4(c).
    (c) Use of Funds.--
            (1) In general.--Subject to appropriations, the Council 
        shall use amounts in the Fund to provide capacity grants under 
        paragraph (2) and implementation grants under paragraph (3).
            (2) Capacity grants.--
                    (A) In general.--Grants shall be made available to 
                an eligible entity for the planning and monitoring of 
                eligible projects.
                    (B) Application.--
                            (i) In general.--A grant under this 
                        paragraph may only be made to an eligible 
                        entity that submits to the Council an 
                        application at such time, in such manner, and 
                        containing or accompanied by such information 
                        as the Council, in consultation with a regional 
                        entity, may require.
                            (ii) Contents.--An application shall--
                                    (I) contain--
                                            (aa) a clear and concise 
                                        expression of interest;
                                            (bb) an explanation for how 
                                        the funds would advance State 
                                        actions plans or regional 
                                        conservation projects;
                                            (cc) an explanation for how 
                                        funds would complement existing 
                                        Federal funds; and
                                            (dd) an estimate of the 
                                        number and duration of jobs 
                                        that would be created, or 
                                        sustained, with the funds; and
                                    (II) be consistent with 
                                applications for other Federal funding 
                                opportunities for eligible entities.
                    (C) Priority.--The Council, in consultation with a 
                regional entity, in approving applications under this 
                paragraph, shall give priority to eligible entities--
                            (i) with demonstrated restoration needs;
                            (ii) whose funded projects would create or 
                        sustain jobs;
                            (iii) whose funded projects would have the 
                        greatest community benefit; and
                            (iv) in a location with a significant 
                        Federal interest.
            (3) Implementation grants.--
                    (A) In general.--Grants shall be made available to 
                an eligible entity for the implementation of eligible 
                projects.
                    (B) Application.--
                            (i) In general.--A grant under this 
                        paragraph may be made only to an eligible 
                        entity that submits to the Council an 
                        application at such time, in such manner, and 
                        containing or accompanied by such information 
                        as the Council, in consultation with a regional 
                        entity, may require.
                            (ii) Contents.--An application shall be 
                        consistent with applications for other Federal 
                        funding opportunities for eligible entities.
                    (C) Priority.--The Council, in consultation with a 
                regional entity, in approving applications under this 
                paragraph, shall give priority to eligible projects 
                that--
                            (i) employ local or regional labor, or 
                        expand the outdoor workforce through training 
                        and education programs;
                            (ii) are developed through a collaborative 
                        process with multiple stakeholders representing 
                        diverse interests;
                            (iii) would address shared conservation and 
                        restoration priorities for Federal and non-
                        Federal partners;
                            (iv) advance State plans related to water, 
                        wildlife, or forests; or
                            (v) improve long-term economic security or 
                        viability in the geographic region, 
                        particularly in geographic regions 
                        transitioning from fossil-fuel extraction.

SEC. 6. RESTORATION AND RESILIENCE PARTNERSHIP.

    (a) Establishment.--There is established a partnership, to be known 
as the ``restoration and resilience partnership'', and to be 
administered by the Secretary of the Interior, the Secretary of 
Agriculture, and the Administrator of the Environmental Protection 
Agency.
    (b) Use of Funds.--Amounts in the Fund shall be made available to 
the Secretary of the Interior, the Secretary of Agriculture, and the 
Administrator of the Environmental Protection Agency to supplement the 
existing budgets of the Department of the Interior, the Department of 
Agriculture, and the Environmental Protection Agency for efforts that--
            (1) enhance forest and watershed health through fuel 
        reduction, forest restoration, fire mitigation, and road and 
        trail maintenance;
            (2) support State, private, and Tribal forestry;
            (3) remediate or reclaim abandoned oil and gas wells, coal 
        mines, and hardrock mines;
            (4) mitigate, or eradicate, invasive species on public, 
        private, and Tribal land; or
            (5) enhance carbon sequestration, water resources, and 
        improve wildlife habitats.
    (c) Priority.--The Secretary of the Interior, the Secretary of 
Agriculture, and the Administrator of the Environmental Protection 
Agency shall prioritize the use of the Fund for efforts that--
            (1) complement and accelerate eligible projects that 
        received funds under the restoration and resilience grant 
        program established by section 5;
            (2) advance State, local, or Tribal plans with respect to 
        forests, water, or wildlife; or
            (3) reduce existing agency backlogs or advance projects 
        that can be immediately carried out.
    (d) Outreach by the Council.--Not later than 30 days after the date 
of enactment of this Act, and annually thereafter until fiscal year 
2026, the Council shall perform outreach efforts and solicit public 
comments on the use of the Fund by the Secretary of the Interior, the 
Secretary of Agriculture, and the Administrator of the Environmental 
Protection Agency for the partnership under this section.
    (e) Recommendations From the Council.--Not later than 120 days 
after the date of enactment of this Act, and after the Council has 
conducted the outreach efforts under subsection (d), the Council shall 
make formal recommendations for the use of supplemental monies from the 
Fund by the Secretary of the Interior, the Secretary of Agriculture, 
and the Administrator of the Environmental Protection Agency for the 
partnership under this section.

SEC. 7. FUNDING.

    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 restoration and 
        resilience project grant program under section 5; and
            (2) $40,000,000,000 shall be for the partnership under 
        section 6.
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