[House Report 118-910]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-910
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
WHITE OAK RESILIENCE ACT
_______
December 18, 2024.--Ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 5582]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5582) to provide for white oak restoration, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Oak Resilience Act''.
SEC. 2. WHITE OAK RESTORATION INITIATIVE COALITION.
(a) In General.--The White Oak Restoration Initiative Coalition shall
be established--
(1) as a voluntary collaborative group of Federal, State,
Tribal, and local governments and private and non-governmental
organizations to carry out the duties described in subsection
(b); and
(2) in accordance with the charter titled ``White Oak
Initiative Coalition Charter'' adopted by the White Oak
Initiative Board of Directors on March 21, 2023 (or a successor
charter).
(b) Duties.--In addition to the duties specified in the charter
described in subsection (a)(2), the duties of the White Oak Restoration
Initiative Coalition are--
(1) to coordinate Federal, State, Tribal, local, private, and
non-governmental restoration of white oak in the United States;
and
(2) to make program and policy recommendations, consistent
with applicable forest management plans, with respect to--
(A) changes necessary to address Federal and State
policies that impede activities to improve the health,
resiliency, and natural regeneration of white oak;
(B) adopting or modifying Federal and State policies
to increase the pace and scale of white oak
regeneration and resiliency of white oak;
(C) options to enhance communication, coordination,
and collaboration between forest land owners,
particularly for cross-boundary projects, to improve
the health, resiliency, and natural regeneration of
white oak;
(D) research gaps that should be addressed to improve
the best available science on white oak;
(E) outreach to forest landowners with white oak or
white oak regeneration potential; and
(F) options and policies necessary to improve the
quality and quantity of white oak in tree nurseries.
(c) Administrative Support, Technical Services, and Staff Support.--
The Secretary of the Interior and the Secretary of Agriculture shall
make such personnel available to the White Oak Restoration Initiative
Coalition for administrative support, technical services, and
development and dissemination of educational materials as the
Secretaries determine necessary to carry out this section.
(d) Nonapplicability of Federal Advisory Committee Act.--Chapter 10
of part I of title 5, United States Code, shall not apply to the White
Oak Restoration Initiative Coalition.
(e) Private Funding of White Oak Restoration Projects.--The Secretary
of Agriculture may make funds available to the White Oak Restoration
Initiative Coalition to carry out this section from the account
established pursuant to section 1241(f) of the Food Security Act of
1985 (16 U.S.C. 3841(f)).
SEC. 3. FOREST SERVICE PILOT PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, shall establish and carry out 5 pilot
projects in national forests to restore white oak in such forests
through white oak restoration and natural regeneration practices that
are consistent with applicable forest management plans.
(b) National Forests Reserved or Withdrawn From the Public Domain.--
At least 3 pilot projects required under subsection (a) shall be
carried out on national forests reserved or withdrawn from the public
domain.
(c) Authority To Enter Into Cooperative Agreements.--The Secretary of
Agriculture may enter into cooperative agreements to carry out the
pilot projects required under subsection (a).
(d) Sunset.--The authority under this section shall terminate on the
date that is 7 years after the date of the enactment of this Act.
SEC. 4. DEPARTMENT OF THE INTERIOR WHITE OAK REVIEW AND RESTORATION.
(a) Assessment.--
(1) In general.--The Secretary of the Interior shall carry
out an assessment of land under the administrative jurisdiction
of the Department of the Interior, including fish and wildlife
refuges and abandoned mine land, to evaluate--
(A) whether white oak is present on such land; and
(B) the potential to restore white oak forests on
such land.
(2) Use of information.--In carrying out the assessment under
paragraph (1), the Secretary may use information from sources
other than the Department of the Interior, including from the
White Oak Initiative and the Forest Service.
(3) Report.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall submit to
Congress, and make publicly available on the website of the
Department of the Interior, a report regarding the results of
the assessment carried out under this subsection.
(b) Pilot Projects.--After the date on which the report required
under subsection (a)(3) is submitted, the Secretary shall establish and
carry out 5 pilot projects in different areas of land described in
subsection (a)(1) to restore and naturally regenerate white oak.
(c) Authority to Enter Into Cooperative Agreements.--The Secretary of
the Interior may enter into cooperative agreements to carry out the
pilot projects required under subsection (b).
(d) Sunset.--The authority under this section shall terminate on the
date that is 7 years after the date of the enactment of this Act.
SEC. 5. WHITE OAK REGENERATION AND UPLAND OAK HABITAT.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture (in this section
referred to as the ``Secretary'') shall establish a non-regulatory
program to be known as the ``White Oak and Upland Oak Habitat
Regeneration Program'' (in this section referred to as the
``Program'').
(b) Duties.--In carrying out the Program, the Secretary shall--
(1) draw upon the best available science and management plans
for species of white oak to identify, prioritize, and implement
restoration and conservation activities that will improve the
growth of white oak within the United States;
(2) collaborate and coordinate with the White Oak Restoration
Initiative Coalition to prioritize white oak restoration
initiatives;
(3) adopt a white oak restoration strategy that--
(A) supports the implementation of a shared set of
science-based restoration and conservation activities
developed in accordance with paragraph (1);
(B) targets cost effective projects with measurable
results; and
(C) maximizes restoration outcomes with no net gain
of Federal full-time equivalent employees; and
(4) establish the voluntary grant and technical assistance
programs in accordance with subsection (e).
(c) Coordination.--In establishing the Program the Secretary, acting
through the Chief of the Forest Service, shall consult with--
(1) the heads of Federal agencies, including--
(A) the Director of the United States Fish and
Wildlife Service; and
(B) the Chief of the Natural Resources Conservation
Service; and
(2) the Governor of each State in which restoration efforts
will be carried out pursuant to the Program.
(d) Purposes.--The purposes of the Program include--
(1) coordinating restoration and conservation activities
among Federal, State, local, and Tribal entities and
conservation partners to address white oak restoration
priorities;
(2) improving and regenerating white oak and upland oak
forests and the wildlife habitat such forests provide;
(3) carrying out coordinated restoration and conservation
activities that lead to the increased growth of species of
white oak in native white oak regions on Federal, State,
Tribal, and private land;
(4) facilitating strategic planning to maximize the
resilience of white oak systems and habitats under changing
climate conditions;
(5) engaging the public through outreach, education, and
citizen involvement to increase capacity and support for
coordinated restoration and conservation activities for species
of white oak; and
(6) increasing scientific capacity to support the planning,
monitoring, and research activities necessary to carry out such
coordinated restoration and conservation activities.
(e) Grants and Assistance.--
(1) In general.--To the extent that funds are available to
carry out this section, the Secretary shall establish a
voluntary grant and technical assistance program (in this
section referred to as the ``grant program'') to achieve the
purposes of the Program described in subsection (d).
(2) Administration.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the National Fish and
Wildlife Foundation (in this subsection referred to as
the ``Foundation'') to manage and administer the grant
program.
(B) Funding.--After the Secretary enters into a
cooperative agreement with the Foundation under
subparagraph (A), the Foundation shall--
(i) for each fiscal year, receive amounts to
carry out this subsection in an advance payment
of the entire amount on October 1, or as soon
as practicable thereafter, of that fiscal year;
(ii) invest and reinvest such amounts for the
benefit of the grant program; and
(iii) otherwise administer the grant program
to support partnerships between the public and
private sectors in accordance with this
section.
(3) Application of national fish and wildlife foundation
establishment act.--Amounts received by the Foundation to carry
out the grant program shall be subject to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.),
excluding section 10(a) of that Act (16 U.S.C. 3709(a)).
(f) Sunset.--The authority under this section shall terminate on the
date that is 7 years after the date of the enactment of this Act.
SEC. 6. CIVILIAN CONSERVATION CENTERS REFORESTATION ACTIVITIES.
Section 147(d) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197(d)) is amended by adding at the end the following:
``(4) Reforestation activities.--Enrollees in Civilian
Conservation Centers may provide assistance in carrying out
reforestation of white oak and associated hardwood forest
reforestation projects on National Forest System land in
accordance with the land and resource management plan
applicable to such land pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).''.
SEC. 7. TREE NURSERY SHORTAGES.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Agriculture, acting through
the Chief of the Forest Service, shall--
(1) develop and implement a national strategy to increase the
capacity of Federal, State, Tribal, and private tree nurseries
to address the nationwide shortage of tree seedlings; and
(2) coordinate such strategy with--
(A) the national reforestation strategy of the Forest
Service; and
(B) each regional implementation plan for National
Forests.
(b) Elements.--The strategy required under subsection (a) shall--
(1) be based on the best available science and data; and
(2) identify and address--
(A) regional seedling shortages of bareroot and
container tree seedlings;
(B) regional reforestation opportunities and the
seedling supply necessary to fulfill such
opportunities;
(C) opportunities to enhance seedling diversity and
close gaps in seed inventories; and
(D) barriers to expanding, enhancing, or creating new
infrastructure to increase nursery capacity.
SEC. 8. WHITE OAK RESEARCH.
(a) In General.--The Secretary of Agriculture may enter into a
memorandum of understanding with a Tribe or institution, including a
covered land grant college, to collaboratively conduct research on--
(1) white oak genes with resistance or tolerance to stress;
(2) white oak trees that exhibit vigor for the purpose of
increasing survival and growth;
(3) establishing a genetically diverse white oak seeds bank
capable of responding to stressors;
(4) providing a sustainable supply of white oak seedlings and
genetic resources;
(5) improved methods for aligning seed sources with the
future climate at planting sites;
(6) reforestation of white oak through natural and artificial
regeneration;
(7) improved methods for retaining and increasing white oak
trees in forests;
(8) improved methods for reforesting abandoned mine land
sites; and
(9) economic and social aspects of white oak forest
management across land ownerships.
(b) Consult.--In carrying out the research under subsection (a), the
Tribe or institution, including a covered land grant college, that
enters into the memorandum of understanding under such subsection may
consult with such States, nonprofit organizations, institutions of
higher education, and other scientific bodies, as the entity subject to
such memorandum determines appropriate.
(c) Sunset.--The authority under this section shall terminate on the
date that is 7 years after the date of the enactment of this Act.
(d) Covered Land Grant College Defined.--In this section, the term
``covered land grant college'' means an 1862 Institution, an 1890
Institution, or a 1994 Institution (as such terms are defined,
respectively, in section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601)).
SEC. 9. USDA FORMAL INITIATIVE.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Natural Resources Conservation Service and in coordination
with the Chief of the Forest Service, shall establish a formal
initiative on white oak to--
(1) re-establish white oak forests where appropriate;
(2) improve management of existing white oak forests to
foster natural regeneration of white oak;
(3) provide technical assistance to private landowners to re-
establish, improve management of, and naturally regenerate
white oak;
(4) improve and expand white oak nursery stock; and
(5) adapt and improve white oak seedlings.
(b) Sunset.--The authority under this section shall terminate on the
date that is 7 years after the date of the enactment of this Act.
SEC. 10. AUTHORITIES.
To the maximum extent practicable, the Secretary of the Interior and
the Secretary of Agriculture shall use the authorities provided under
this Act and the amendments made by this Act in combination with other
authorities to carry out projects, including--
(1) good neighbor agreements entered into under section 8206
of the Agricultural Act of 2014 (16 U.S.C. 2113); and
(2) stewardship contracting projects entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591).
Purpose of the Legislation
The purpose of H.R. 5582 is to provide for white oak
restoration, and for other purposes.
Background and Need for Legislation
Quercus alba (white oak) is a preeminent hardwood uniquely
found across more than 104 million acres in the Eastern part of
the United States with significant habitat, economic, and
cultural value. White oaks boast long lifespans, frequently
surpassing 200 years and in some cases even reaching 500 years
old. White oaks are considered a keystone species that play a
critical role in supporting healthy forest ecosystems. They are
especially important for wildlife, as a source of both food and
habitat. White oaks host over 200 insect species, which are
critically important for pollination and as a food source for
birds and other animals. Many birds nest in white oaks, and the
bark and cavities are popular among a number of forest dwelling
bats.
White oaks are also prized commercial trees, providing
important wood products for furniture, flooring, and a
multitude of other wood products. White oaks are famously known
for being used to create barrels for wine and spirits,
especially bourbon whiskey. Bourbon is an American-made whiskey
that by the Code of Federal Regulations must be aged in new
charred oak barrels. Unlike other oaks, white oak wood is
almost entirely leakproof and allows less evaporation, which
makes it ideal for whiskey and wine barrels. The unique
properties of the wood are also credited with creating the
distinct flavors in whiskey that make it such a sought-after
spirit. White oaks provide 100 percent of bourbon's color and
70 percent of its flavor.
Unfortunately, experts believe the white oak population
will drastically decline in the next 10 to 15 years without
drastic intervention to encourage white oak regeneration. Due
to a lack of necessary forest management practices and shifts
in forest environments, the species' seedlings and saplings are
not growing at a sustainable rate and roughly 75 percent of
white oaks are classified as mature. There are simply not
enough young stands of white oak to continue the important
ecosystem benefits into the future. In the face of this looming
shortage, the White Oak Initiative (WOI) formed in November of
2017 with a focus on achieving long-term sustainability for
this preeminent American hardwood. Similar to the Longleaf Pine
Initiative, the WOI comprises a wide range of organizations,
including conservation and land management agencies, forestry
associations, industry representatives, private landowners, and
academia. In 2021, under the direction of the WOI steering
committee, the American Forest Foundation and the University of
Kentucky released a science-based reported entitled ``Restoring
Sustainability for White Oak and Upland Oak Communities: An
Assessment and Conservation Plan.'' This report offered a
comprehensive look at the long-term trajectory of white oak in
America and offered strategies to help reverse the impending
decline.
H.R. 5582, the ``White Oak Resilience Act,'' would
formalize the WOI by creating pilot programs for white oak
regeneration and allowing private funding to be utilized for
white oak management and reforestation. The legislation also
enables the U.S. Forest Service (USFS) to enter into
memorandums of understanding with land-grant institutions,
including Historically Black Colleges and Universities (HBCUs),
to conduct research on white oak. Finally, this legislation
addresses the tree nursery shortage and encourages the use of
existing authorities that foster collaboration.
Committee Action
H.R. 5582 was introduced on September 20, 2023, by Rep.
Andy Barr (R-KY). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. The bill was also referred to the Committees
on Agriculture, and Education and the Workforce. On November
14, 2023, the Subcommittee on Federal Lands held a hearing on
the bill. On March 12, 2024, the Committee on Natural Resources
met to consider the bill. The Subcommittee on Federal Lands was
discharged from further consideration of H.R. 5582 by unanimous
consent. Chairman Bruce Westerman (R-AR) offered an Amendment
in the Nature of a Substitute designated Westerman_ANS. The
amendment in the nature of a substitute was agreed to by
unanimous consent. The bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on November
14, 2023.
Section-by-Section Analysis
Section 1. Short title
Section 1 names the bill the ``White Oak Resilience Act''.
Section 2. White Oak Restoration Initiative Coalition
Section 2 establishes the White Oak Restoration Initiative
Coalition, which encompasses a voluntary collaborative group of
federal, state, Tribal, private, and non-governmental
organizations to restore white oak. This section specifies that
the Coalition should run in accordance with the White Oak
Initiative Coalition Charter signed on March 21, 2023. Section
2 tasks the Coalition with coordinating white oak restoration
in the U.S. and making policy recommendations to inform federal
and state agencies restoring white oak. Section 2 makes
personnel of the Department of the Interior (DOI) and U.S.
Department of Agriculture (USDA) available to assist the
Coalition, waives the Federal Advisory Committee Act (FACA),
and allows private funding to support the work of the
Coalition.
Section 3. Forest Service pilot program
Section 3 directs USFS to carry out five pilot projects to
restore white oak in national forests, including three forests
created from the public domain. USFS may use cooperative
agreements to carry out restoration projects. The pilot program
sunsets after seven years.
Section 4. Department of the Interior white oak review and
restoration
Section 4 requires DOI to complete an assessment of its
lands to identify where white oak is present and where the
greatest opportunity for restoration exists. In doing so, DOI
may use any source of information helpful (including state and
university data). Section 4 requires DOI to submit this report
to Congress within 90 days. Further, this section authorizes
DOI to carry out five pilot projects on lands identified in the
report as being suitable to restore and naturally regenerate
white oak. DOI may enter into cooperative agreements to carry
out these pilot projects. Section 4 sunsets after seven years.
Section 5. White oak regeneration and upland oak habitat
Section 5 requires the Secretary of Agriculture to
establish a non-regulatory program known as the ``White Oak and
Upland Oak Habitat Regeneration Program.'' The program will
identify, prioritize, and implement restoration and
conservation activities for white oak and support a white oak
restoration strategy. In carrying out the program, the
Secretary will coordinate with the U.S. Fish and Wildlife
Service, Natural Resources Conservation Service (NRCS), and
states. Section 5 clarifies that the purposes of the program
are to coordinate restoration and conservation activities,
improve regeneration efforts, facilitate strategic planning,
and increase scientific capacity.
This section also allows USDA to provide voluntary grants
and technical assistance by entering into a cooperative
agreement with the National Fish and Wildlife Foundation
(NFWF). Any amounts received by NFWF shall be subject to the
National Fish and Wildlife Foundation Establishment Act. This
section sunsets after seven years.
Section 6. Civilian Conservation Centers reforestation activities
Section 6 amends the Workforce and Innovation and
Opportunity Act by allowing Civilian Conservation Centers to
reestablish and plant white oaks and other associated hardwoods
on national forests.
Section 7. Tree nursery shortages
Section 7 requires USFS to develop and implement a national
strategy to increase the capacity of federal, state, Tribal and
private tree nurseries within one year of the bill's enactment.
Section 7 clarifies that the study must be based on the best
available science and address regional shortages, regional
reforestation opportunities, opportunities to enhance seedling
diversity, and barriers to current nursery infrastructure.
Section 8. White oak research
Section 8 allows the Secretary of Agriculture to enter into
a memorandum of understanding with Tribes, land grant colleges,
and HBCUs to conduct collaborative research on white oak. This
research will cover white oak genes, tree vigor, diverse white
oak seed banks, the sustainability of the supply of white oak
seedlings, reforestation of white oak, and the best methods for
reforesting abandoned mine lands. Section 8 also allows Tribes,
land grant colleges, and HBCUs to work with other non-profits,
institutions of higher education, and scientific bodies.
Section 8 sunsets after seven years.
Section 9. USDA formal initiative
Section 9 directs the Secretary of Agriculture to create a
formal initiative on white oak at NRCS. This NRCS initiative
will focus on reestablishing white oak forests, improving
management of existing white oaks to foster natural
regeneration, providing technical assistance to landowners,
improving and expanding white oak nursery stock, and adapting
and improving white oak seedlings. Section 9 sunsets after
seven years.
Section 10. Authorities
Section 10 encourages USFS and DOI to use Good Neighbor
Authority and stewardship contracting to carry out projects
authorized under this legislation.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional
Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for white oak restoration,
and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
WORKFORCE INNOVATION AND OPPORTUNITY ACT
* * * * * * *
TITLE I--WORKFORCE DEVELOPMENT
ACTIVITIES
* * * * * * *
Subtitle C--Job Corps
* * * * * * *
SEC. 147. JOB CORPS CENTERS.
(a) Operators and Service Providers.--
(1) Eligible Entities.--
(A) Operators.--The Secretary shall enter
into an agreement with a Federal, State, or
local agency, an area career and technical
education school, a residential career and
technical education school, or a private
organization, for the operation of each Job
Corps center.
(B) Providers.--The Secretary may enter into
an agreement with a local entity, or other
entity with the necessary capacity, to provide
activities described in this subtitle to a Job
Corps center.
(2) Selection process.--
(A) Competitive basis.--Except as provided in
subsections (a) and (b) of section 3304 of
title 41, United States Code, the Secretary
shall select on a competitive basis an entity
to operate a Job Corps center and entities to
provide activities described in this subtitle
to the Job Corps center. In developing a
solicitation for an operator or service
provider, the Secretary shall consult with the
Governor of the State in which the center is
located, the workforce council for the Job
Corps center (if established), and the
applicable local board regarding the contents
of such solicitation, including elements that
will promote the consistency of the activities
carried out through the center with the
objectives set forth in the State plan or in a
local plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an
entity to operate a Job Corps center,
the Secretary shall consider--
(I) the ability of the entity
to coordinate the activities
carried out through the Job
Corps center with activities
carried out under the
appropriate State plan and
local plans;
(II) the ability of the
entity to offer career and
technical education and
training that has been proposed
by the workforce council under
section 154(c), and the degree
to which such education and
training reflects employment
opportunities in the local
areas in which enrollees at the
center intend to seek
employment;
(III) the degree to which the
entity demonstrates
relationships with the
surrounding communities,
employers, labor organizations,
State boards, local boards,
applicable one-stop centers,
and the State and region in
which the center is located;
(IV) the performance of the
entity, if any, relating to
operating or providing
activities described in this
subtitle to a Job Corps center,
including information regarding
the entity in any reports
developed by the Office of
Inspector General of the
Department of Labor and the
entity's demonstrated
effectiveness in assisting
individuals in achieving the
primary indicators of
performance for eligible youth
described in section
116(b)(2)(A)(ii); and
(V) the ability of the entity
to demonstrate a record of
successfully assisting at-risk
youth to connect to the
workforce, including providing
them with intensive academics
and career and technical
education and training.
(ii) Providers.--In selecting a
service provider for a Job Corps
center, the Secretary shall consider
the factors described in clause (i).
(3) Additional selection factors.--To be eligible to
operate a Job Corps center, an entity shall submit to
the Secretary, at such time and in such manner as the
Secretary may require, information related to
additional selection factors, which shall include the
following:
(A) A description of the program activities
that will be offered at the center and how the
academics and career and technical education
and training reflect State and local employment
opportunities, including opportunities in in-
demand industry sectors and occupations
recommended by the workforce council under
section 154(c)(2)(A).
(B) A description of the counseling,
placement, and support activities that will be
offered at the center, including a description
of the strategies and procedures the entity
will use to place graduates into unsubsidized
employment or education leading to a recognized
postsecondary credential upon completion of the
program.
(C) A description of the demonstrated record
of effectiveness that the entity has in placing
at-risk youth into employment and postsecondary
education, including past performance of
operating a Job Corps center under this
subtitle or subtitle C of title I of the
Workforce Investment Act of 1998, and as
appropriate, the entity's demonstrated
effectiveness in assisting individuals in
achieving the indicators of performance for
eligible youth described in section
116(b)(2)(A)(ii).
(D) A description of the relationships that
the entity has developed with State boards,
local boards, applicable one-stop centers,
employers, labor organizations, State and local
educational agencies, and the surrounding
communities in which the center is located, in
an effort to promote a comprehensive statewide
workforce development system.
(E) A description of the entity's ability to
coordinate the activities carried out through
the Job Corps center with activities carried
out under the appropriate State plan and local
plans.
(F) A description of the strong fiscal
controls the entity has in place to ensure
proper accounting of Federal funds, and a
description of how the entity will meet the
requirements of section 159(a).
(G) A description of the steps to be taken to
control costs in accordance with section
159(a)(3).
(H) A detailed budget of the activities that
will be supported using funds under this
subtitle and non-Federal resources.
(I) An assurance the entity is licensed to
operate in the State in which the center is
located.
(J) An assurance the entity will comply with
basic health and safety codes, which shall
include the disciplinary measures described in
section 152(b).
(K) Any other information on additional
selection factors that the Secretary may
require.
(b) High-performing Centers.--
(1) In general.--If an entity meets the requirements
described in paragraph (2) as applied to a particular
Job Corps center, such entity shall be allowed to
compete in any competitive selection process carried
out for an award to operate such center.
(2) High performance.--An entity shall be considered
to be an operator of a high-performing center if the
Job Corps center operated by the entity--
(A) is ranked among the top 20 percent of Job
Corps centers for the most recent preceding
program year; and
(B) meets the expected levels of performance
established under section 159(c)(1) and, with
respect to each of the primary indicators of
performance for eligible youth described in
section 116(b)(2)(A)(ii)--
(i) for the period of the most recent
preceding 3 program years for which
information is available at the time
the determination is made, achieved an
average of 100 percent, or higher, of
the expected level of performance
established under section 159(c)(1) for
the indicator; and
(ii) for the most recent preceding
program year for which information is
available at the time the determination
is made, achieved 100 percent, or
higher, of the expected level of
performance established under such
section for the indicator.
(3) Transition.--If any of the program years
described in paragraph (2)(B) precedes the
implementation of the establishment of expected levels
of performance under section 159(c) and the application
of the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii), an entity
shall be considered an operator of a high-performing
center during that period if the Job Corps center
operated by the entity--
(A) meets the requirements of paragraph
(2)(B) with respect to such preceding program
years using the performance of the Job Corps
center regarding the national goals or targets
established by the Office of the Job Corps
under the previous performance accountability
system for--
(i) the 6-month follow-up placement
rate of graduates in employment, the
military, education, or training;
(ii) the 12-month follow-up placement
rate of graduates in employment, the
military, education, or training;
(iii) the 6-month follow-up average
weekly earnings of graduates;
(iv) the rate of attainment of
secondary school diplomas or their
recognized equivalent;
(v) the rate of attainment of
completion certificates for career and
technical training;
(vi) average literacy gains; and
(vii) average numeracy gains; or
(B) is ranked among the top 5 percent of Job
Corps centers for the most recent preceding
program year.
(c) Character and Activities.--Job Corps centers may be
residential or nonresidential in character, and shall be
designed and operated so as to provide enrollees, in a well-
supervised setting, with access to activities described in this
subtitle. In any year, no more than 20 percent of the
individuals enrolled in the Job Corps may be nonresidential
participants in the Job Corps.
(d) Civilian conservation centers.--
(1) In general.--The Job Corps centers may include
Civilian Conservation Centers, operated under an
agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in
rural areas. Such centers shall provide, in addition to
academics, career and technical education and training,
and workforce preparation skills training, programs of
work experience to conserve, develop, or manage public
natural resources or public recreational areas or to
develop community projects in the public interest.
(2) Assistance during disasters.--Enrollees in
Civilian Conservation Centers may provide assistance in
addressing national, State, and local disasters,
consistent with current child labor laws (including
regulations). The Secretary of Agriculture shall ensure
that with respect to the provision of such assistance
the enrollees are properly trained, equipped,
supervised, and dispatched consistent with standards
for the conservation and rehabilitation of wildlife
established under the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.).
(3) National liaison.--The Secretary of Agriculture
shall designate a Job Corps National Liaison to support
the agreement under this section between the
Departments of Labor and Agriculture.
(4) Reforestation activities.--Enrollees in Civilian
Conservation Centers may provide assistance in carrying
out reforestation of white oak and associated hardwood
forest reforestation projects on National Forest System
land in accordance with the land and resource
management plan applicable to such land pursuant to
section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into
agreements with Indian tribes to operate Job Corps
centers for Indians.
(2) Definitions.--In this subsection, the terms
``Indian'' and ``Indian tribe'' have the meanings given
such terms in subsections (d) and (e), respectively, of
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(f) Length of Agreement.--The agreement described in
subsection (a)(1)(A) shall be for not more than a 2-year
period. The Secretary may exercise any contractual option to
renew the agreement in 1-year increments for not more than 3
additional years, consistent with the requirements of
subsection (g).
(g) Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the
Secretary shall not renew the terms of an agreement for
any 1-year additional period described in subsection
(f) for an entity to operate a particular Job Corps
center if, for both of the 2 most recent preceding
program years for which information is available at the
time the determination is made, or if a second program
year is not available, the preceding year for which
information is available, such center--
(A) has been ranked in the lowest 10 percent
of Job Corps centers; and
(B) failed to achieve an average of 50
percent or higher of the expected level of
performance under section 159(c)(1) with
respect to each of the primary indicators of
performance for eligible youth described in
section 116(b)(2)(A)(ii).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may exercise an option to renew the agreement
for no more than 2 additional years if the Secretary
determines such renewal would be in the best interest
of the Job Corps program, taking into account factors
including--
(A) significant improvements in program
performance in carrying out a performance
improvement plan under section 159(f)(2);
(B) that the performance is due to
circumstances beyond the control of the entity,
such as an emergency or disaster, as defined in
section 170(a)(1);
(C) a significant disruption in the
operations of the center, including in the
ability to continue to provide services to
students, or significant increase in the cost
of such operations; or
(D) a significant disruption in the
procurement process with respect to carrying
out a competition for the selection of a center
operator.
(3) Detailed explanation.--If the Secretary exercises
an option under paragraph (2), the Secretary shall
provide, to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, a detailed explanation of the rationale for
exercising such option.
(4) Additional considerations.--The Secretary shall
only renew the agreement of an entity to operate a Job
Corps center if the entity--
(A) has a satisfactory record of integrity
and business ethics;
(B) has adequate financial resources to
perform the agreement;
(C) has the necessary organization,
experience, accounting and operational
controls, and technical skills; and
(D) is otherwise qualified and eligible under
applicable laws and regulations, including that
the contractor is not under suspension or
debarred from eligibility for Federal
contracts.
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