[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1248

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2021

 Mr. Bennet (for himself and Mr. Wyden) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 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 Partnership Act 
of 2021''.

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 Collaborative Forest Landscape Restoration 
                Program established under section 4003 of Public Law 
                111-11 (16 U.S.C. 7303);
                    (I) the legacy roads and trails program of the 
                Department of Agriculture;
                    (J) the working lands for wildlife program of the 
                Department of Agriculture; and
                    (K) 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 organization;
                    (E) a special district; or
                    (F) a nonprofit organization.
            (5) Fund.--The term ``Fund'' means the Outdoor 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 designed 
        in accordance with the best available science to conduct 
        restoration that improves--
                    (A) forest conditions;
                    (B) rangeland 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 RESTORATION FUND.

    (a) Establishment.--There is established in the Treasury an Outdoor 
Restoration Fund.
    (b) Use.--Amounts in the Fund shall be used by the Secretary--
            (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.
    (c) 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.
    (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.
    (e) Oversight.--Not later than 180 days 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 advice to the Secretary with respect to the 
disbursement of amounts from the Fund for the grant program.
    (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 in 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 Congress a report describing--
            (1) the status of any restoration and resilience projects 
        that received amounts from the Fund, including--
                    (A) environmental benefits;
                    (B) restoration achievements;
                    (C) attainment of restoration and habitat 
                improvement objectives;
                    (D) jobs created and retained;
                    (E) the growth in outdoor industries; and
                    (F) progress towards State-, Tribal-, and 
                community-level resilience goals; and
            (2) recommendations to improve coordination, align Federal 
        resources or existing authorities, and expand workforce 
        capacity in outdoor industries 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 planning, coordinating, 
        and monitoring restoration and resilience projects on Federal 
        land and non-Federal land; and
            (2) to support, on non-Federal land, State, local, and 
        Tribal--
                    (A) restoration and resilience projects;
                    (B) projects to reduce the risk of, or mitigate 
                damage from, wildfires; 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 
advice of the Council, to provide grants 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, seek input from, coordinate with, and 
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 under paragraph (2) and 
        implementation grants under paragraph (3).
            (2) Capacity grants.--
                    (A) In general.--Capacity grants shall be made 
                available to eligible entities for the purpose 
                described in subsection (a)(1).
                    (B) Application.--
                            (i) In general.--A grant 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; and
                                    (III) an estimate of the number and 
                                duration of jobs that would be created, 
                                or sustained, with the funds.
            (3) Implementation grants.--
                    (A) In general.--Implementation grants shall be 
                made available to eligible entities for the purpose 
                described in subsection (a)(2).
                    (B) Application.--A grant 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.
    (e) Priority.--In carrying out the grant program, the Secretary, in 
consultation with the Council, shall give priority to projects that--
            (1) create or sustain jobs, employ local or regional labor, 
        or expand the outdoor workforce through training and education 
        programs;
            (2) are developed through a collaborative process with 
        multiple stakeholders representing diverse interests;
            (3) would address shared priorities for Federal and non-
        Federal partners;
            (4) advance State, local, and Tribal plans relating to 
        forests, water, or wildlife; or
            (5) improve long-term economic security or viability in the 
        geographic region, 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''; or
                    (B) any other mapping resource or data source 
                approved by the Secretary that depicts the risk of 
                wildfires;
            (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--
                    (A) focus on the reintroduction of characteristic, 
                low-intensity fire in frequent fire regime ecosystems;
                    (B) would 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) improve habitat conditions for at-risk 
                wildlife; and
                    (E) improve community resilience in 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) 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
                            (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. 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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