[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4639 Introduced in Senate (IS)]

<DOC>






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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