[House Report 118-912]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-912
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
SEEDLINGS FOR SUSTAINABLE HABITAT RESTORATION ACT OF 2024
_______
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. 5015]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5015) to amend the Infastructure Investment and
Jobs Act to authorize the Secretary of Agriculture, acting
through the Chief of the Forest Service, to enter into
contracts, grants, and agreements to carry out certain
ecosystem restoration activities, and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seedlings for Sustainable Habitat
Restoration Act of 2024''.
SEC. 2. CONTRACTS, GRANTS, AND AGREEMENTS TO CARRY OUT CERTAIN
ECOSYSTEM RESTORATION ACTIVITIES.
(a) Contracts, Grants, and Agreements.--Section 40804 of the
Infrastructure Investment and Jobs Act (16 U.S.C. 6592a) is amended--
(1) in subsection (b)(9), by inserting ``and projects for the
production of seedlings for ecosystem restoration'' after
``Restoration'' ; and
(2) by adding at the end the following:
``(g) Contracts, Grants, and Agreements.--
``(1) In general.--To carry out the ecosystem restoration
activities described in subsection (b)(9), the Secretary of
Agriculture, acting through the Chief of the Forest Service,
may enter into contracts, grants, or agreements with eligible
entities for the--
``(A) collection and maintenance of native seeds,
including material from managed seed orchards; and
``(B) production of seedlings for revegetation.
``(2) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a State forestry agency, an Indian tribe (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)), a local
government, a private or nonprofit entity, and a
qualified educational institution (or a consortium of
such institutions).
``(B) Qualified educational institution.--The term
`qualified educational institution' means--
``(i) a land grant college or university,
including an institution eligible to receive
funding under--
``(I) the Act of July 2, 1862;
``(II) the Act of August 30, 1890,
including Tuskegee University;
``(III) Public Law 87-788 (commonly
known as the ``McIntire-Stennis Act of
1962''); or
``(IV) the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C.
301 note);
``(ii) a community college or area career and
technical education school (as defined in
section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302)); or
``(iii) an institution of higher education
(as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)).''.
(b) Collaborative Forest Landscape Restoration Program.--Section
4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(b)) is amended--
(1) in paragraph (3)--
(A) by redesignating subparagraphs (G) and (H) as
subpargraphs (H) and (I), respectively;
(B) by inserting after subparagraph (F) the
following:
``(G) collect and maintain native seeds for
revegetation and the production of seedlings;''; and
(2) in paragraph (7)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) a qualified educational institution (as defined
in subsection (g)(2) of section 40804 of the
Infrastructure Investment and Jobs Act (16 U.S.C.
6592a)) or a consortium of such institutions;''.
Amend the title so as to read:
A bill to authorize the Secretary of Agriculture, acting
through the Chief of the Forest Service, to enter into
contracts, grants, and agreements to carry out certain
ecosystem restoration activities, and for other purposes.
Purpose of the Legislation
The purpose of H.R. 5015, as ordered reported, is to
authorize the Secretary of Agriculture, acting through the
Chief of the Forest Service, to enter into contracts, grants,
and agreements to carry out certain ecosystem restoration
activities, and for other purposes.
Background and Need for Legislation
In the last 20 years, the U.S. has lost an average of 7
million acres per year to fire, which is more than double the
average seen during the 1990's and the equivalent of losing an
area larger than the Commonwealth of Massachusetts every single
year. One consequence of these devastating wildfires is an
increasingly large demand for tree seedlings to reforest
landscapes post-fire. Federal land management agencies alone
have a backlog of over 6.08 million acres that need replanting,
in large part due to catastrophic wildfires that burn too
intensely to facilitate natural regeneration post-fire. Across
the contiguous U.S., there are over 133 million acres of
``reforestation opportunity,'' which equates to approximately
68 billion trees. The wildfire crisis continues to push this
trend in the wrong direction by increasing the reforestation
backlog every year. Without artificial regeneration, many of
these forests will experience stand conversion and will cease
to be forested areas in the future.
Recent studies have shown that, in order to meet domestic
reforestation needs, American seedling supplies will need to
more than double. Current capacity allows the agencies to
reforest a little more than 2.3 million acres by 2030, less
than half of the total current backlog. Recent estimates of
tree seedling production in the U.S. are 1.3 billion seedlings
per year, less than 2 percent of the current ``reforestation
opportunity.'' Since the mid-1990s, 28 tree nurseries have
closed in the southern U.S., reducing production by 650 million
seedlings annually (46 percent of current production) and
further straining supplies. Investments in seedlings and
nursery capacity can help ensure healthy forests in the future
and also create economic opportunities in rural areas.
H.R. 5015 would help address this problem by amending
current law to allow existing funding for seedling nurseries to
go to state forestry agencies, private or non-profit entities,
Indian tribes, local governments, and qualified educational
institutions. This funding was originally made available for
tree planting but did not include seedling development. The
funding will be available through contracts, grants, or
agreements for the collection, maintenance, and production of
seeds and seedlings.
Committee Action
H.R. 5015 was introduced on July 27, 2023, by Rep. Leger-
Fernandez (D-NM). 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 Committee
on Agriculture. On March 20, 2024, the Subcommittee on Federal
Lands held a hearing on the bill. On April 16, 2024, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of H.R. 5015 by unanimous consent. Rep. Leger-
Fernandez (D-NM) offered an Amendment in the Nature of a
Substitute designated Leger Fernandez_078. 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. The long title of H.R.
5015 was amended 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 March 20,
2024.
Section-by-Section Analysis
Section 1. Short title
Section 1 names the bill the ``Seedlings for Sustainable
Habitat Restoration Act of 2024''.
Section 2. Contracts, grants, and agreements to carry out certain
ecosystem restoration activities
Section 2 amends Section 40804 of the Infrastructure
Investment and Jobs Act by allowing the Secretary of
Agriculture, acting through the Chief of the Forest Service, to
enter into contracts, grants, or agreements with state forestry
agencies, local private or nonprofit entities, qualified
educational institutions, local governments and multistate
coalitions. These contracts, grants, or agreements would
support the collection and maintenance of native seeds and the
production of seedlings for revegetation. Section 2 also adds
language to the Collaborative Forest Landscape Restoration
Program to allow the collection and maintenance of native seeds
for revegetation and production of seedlings.
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.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 5015 would expand the Forest Service's authority to
award grants to and enter into cooperative agreements with
universities and state, local, and tribal governments to carry
out ecosystem restoration and revegetation programs authorized
by the Infrastructure Investment and Jobs Act (IIJA). The bill
also would include seedling production as an eligible practice
under those programs.
The IIJA appropriated $70 million and $130 million to the
Department of the Interior and the Forest Service,
respectively, over the 2022-2026 period to carry out such
restoration and revegetation programs nationwide. Those amounts
were designated as an emergency requirement.
Based on information from the Forest Service, CBO expects
that the expanded authorities under the bill could increase how
fast the amounts appropriated by the IIJA are spent. Because
the bill would affect previously appropriated funds, any effect
on spending would be treated as direct spending. However, CBO
estimates any increase in spending would be insignificant over
the 2024-2034 period.
The CBO staff contact for this estimate is Lilia Ledezma.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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, as ordered reported, is to authorize
the Secretary of Agriculture, acting through the Chief of the
Forest Service, to enter into contracts, grants, and agreements
to carry out certain ecosystem restoration activities, 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
According to the Congressional Budget Office, H.R. 5015
contains no unfunded mandates as defined by the Unfunded
Mandates Reform Act.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
INFRASTRUCTURE INVESTMENT AND JOBS ACT
* * * * * * *
DIVISION D--ENERGY
* * * * * * *
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
* * * * * * *
SEC. 40804. ECOSYSTEM RESTORATION.
(a) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of the Interior and the
Secretary of Agriculture, acting through the Chief of the
Forest Service, for the activities described in subsection (b),
$2,130,000,000 for the period of fiscal years 2022 through
2026.
(b) Activities.--Of the amounts made available under
subsection (a) for the period of fiscal years 2022 through
2026--
(1) $300,000,000 shall be made available, in
accordance with subsection (c), to the Secretary of the
Interior and the Secretary of Agriculture--
(A) for--
(i) entering into contracts,
including stewardship contracts or
agreements, the purpose of each of
which shall be to restore ecological
health on not fewer than 10,000 acres
of Federal land, including Indian
forest land or rangeland, and for
salaries and expenses associated with
preparing and executing those
contracts; and
(ii) establishing a Working Capital
Fund that may be accessed by the
Secretary of the Interior or the
Secretary of Agriculture to fund
requirements of contracts described in
clause (i), including cancellation and
termination costs, consistent with
section 604(h) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6591c(h)), and periodic payments over
the span of the contract period; and
(B) of which--
(i) $50,000,000 shall be made
available to the Secretary of the
Interior to enter into contracts
described in subparagraph (A)(i);
(ii) $150,000,000 shall be made
available to the Secretary of
Agriculture to enter into contracts
described in subparagraph (A)(i); and
(iii) $100,000,000 shall be made
available until expended to the
Secretary of the Interior,
notwithstanding any other provision of
this Act, to establish the Working
Capital Fund described in subparagraph
(A)(ii);
(2) $200,000,000 shall be made available to provide
to States and Indian Tribes for implementing
restoration projects on Federal land pursuant to good
neighbor agreements entered into under section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a) or
agreements entered into under section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a(b)), of which--
(A) $40,000,000 shall be made available to
the Secretary of the Interior; and
(B) $160,000,000 shall be made available to
the Secretary of Agriculture;
(3) $400,000,000 shall be made available to the
Secretary of Agriculture to provide financial
assistance to facilities that purchase and process
byproducts from ecosystem restoration projects in
accordance with subsection (d);
(4) $400,000,000 shall be made available to the
Secretary of the Interior to provide grants to States,
territories of the United States, and Indian Tribes for
implementing voluntary ecosystem restoration projects
on private or public land, in consultation with the
Secretary of Agriculture, that--
(A) prioritizes funding cross-boundary
projects; and
(B) requires matching funding from the State,
territory of the United States, or Indian Tribe
to be eligible to receive the funding;
(5) $50,000,000 shall be made available to the
Secretary of Agriculture to award grants to States and
Indian Tribes to establish rental programs for portable
skidder bridges, bridge mats, or other temporary water
crossing structures, to minimize stream bed disturbance
on non-Federal land and Federal land;
(6) $200,000,000 shall be made available for invasive
species detection, prevention, and eradication,
including conducting research and providing resources
to facilitate detection of invasive species at points
of entry and awarding grants for eradication of
invasive species on non-Federal land and on Federal
land, of which--
(A) $100,000,000 shall be made available to
the Secretary of the Interior; and
(B) $100,000,000 shall be made available to
the Secretary of Agriculture;
(7) $100,000,000 shall be made available to restore,
prepare, or adapt recreation sites on Federal land,
including Indian forest land or rangeland, in
accordance with subsection (e);
(8) $200,000,000 shall be made available to restore
native vegetation and mitigate environmental hazards on
mined land on Federal and non-Federal land, of which--
(A) $100,000,000 shall be made available to
the Secretary of the Interior; and
(B) $100,000,000 shall be made available to
the Secretary of Agriculture;
(9) $200,000,000 shall be made available to establish
and implement a national revegetation effort on Federal
and non-Federal land, including to implement the
National Seed Strategy for Rehabilitation and
Restoration and projects for the production of
seedlings for ecosystem restoration, of which--
(A) $70,000,000 shall be made available to
the Secretary of the Interior; and
(B) $130,000,000 shall be made available to
the Secretary of Agriculture; and
(10) $80,000,000 shall be made available to the
Secretary of Agriculture, in coordination with the
Secretary of the Interior, to establish a
collaborative-based, landscape-scale restoration
program to restore water quality or fish passage on
Federal land, including Indian forest land or
rangeland, in accordance with subsection (f).
(c) Ecological Health Restoration Contracts.--
(1) Submission of list of projects to congress.--
Until the date on which all of the amounts made
available to carry out subsection (b)(1)(A)(i) are
expended, not later than 90 days before the end of each
fiscal year, the Secretary of the Interior and the
Secretary of Agriculture shall submit to the Committee
on Energy and Natural Resources and the Committee on
Appropriations of the Senate and the Committee on
Natural Resources and the Committee on Appropriations
of the House of Representatives a list of projects to
be funded under that subsection in the subsequent
fiscal year, including--
(A) a detailed description of each project;
and
(B) an estimate of the cost, including
salaries and expenses, for the project.
(2) Alternate allocation.--Appropriations Acts may
provide for alternate allocation of amounts made
available under subsection (b)(1), consistent with the
allocations under subparagraph (B) of that subsection.
(3) Lack of alternate allocations.--If Congress has
not enacted legislation establishing alternate
allocations described in paragraph (2) by the date on
which the Act making full-year appropriations for the
Department of the Interior, Environment, and Related
Agencies for the applicable fiscal year is enacted into
law, amounts made available under subsection (b)(1)(B)
shall be allocated by the President.
(d) Wood Products Infrastructure.--The Secretary of
Agriculture, in coordination with the Secretary of the
Interior, shall--
(1) develop a ranking system that categorizes units
of Federal land, including Indian forest land or
rangeland, with regard to treating areas at risk of
unnaturally severe wildfire or insect or disease
infestation, as being--
(A) very low priority for ecological
restoration involving vegetation removal;
(B) low priority for ecological restoration
involving vegetation removal;
(C) medium priority for ecological
restoration involving vegetation removal;
(D) high priority for ecological restoration
involving vegetation removal; or
(E) very high priority for ecological
restoration involving vegetation removal;
(2) determine, for a unit identified under paragraph
(1) as being high or very high priority for ecological
restoration involving vegetation removal, if--
(A) a sawmill or other wood-processing
facility exists in close proximity to, or a
forest worker is seeking to conduct restoration
treatment work on or in close proximity to, the
unit; and
(B) the presence of a sawmill or other wood-
processing facility would substantially
decrease or does substantially decrease the
cost of conducting ecological restoration
projects involving vegetation removal;
(3) in accordance with any conditions the Secretary
of Agriculture determines to be necessary, using the
amounts made available under subsection (b)(3), provide
financial assistance, including a low-interest loan or
a loan guarantee, to an entity seeking to establish,
reopen, retrofit, expand, or improve a sawmill or other
wood-processing facility in close proximity to a unit
of Federal land that has been identified under
paragraph (1) as high or very high priority for
ecological restoration, if the presence of a sawmill or
other wood-processing facility would substantially
decrease or does substantially decrease the cost of
conducting ecological restoration projects involving
vegetation removal on the unit of Federal land,
including Indian forest land or rangeland, as
determined under paragraph (2)(B); and
(4) to the extent practicable, when allocating
funding to units of Federal land for ecological
restoration projects involving vegetation removal, give
priority to a unit of Federal land that--
(A) has been identified under paragraph (1)
as being high or very high priority for
ecological restoration involving vegetation
removal; and
(B) has a sawmill or other wood-processing
facility--
(i) that, as determined under
paragraph (2)--
(I) exists in close proximity
to the unit; and
(II) does substantially
decrease the cost of conducting
ecological restoration projects
involving vegetation removal on
the unit; or
(ii) that has received financial
assistance under paragraph (3).
(e) Recreation Sites.--
(1) Site restoration and improvements.--Of the
amounts made available under subsection (b)(7),
$45,000,000 shall be made available to the Secretary of
the Interior and $35,000,000 shall be made available
the Secretary of Agriculture to restore, prepare, or
adapt recreation sites on Federal land, including
Indian forest land or rangeland, that have experienced
or may likely experience visitation and use beyond the
carrying capacity of the sites.
(2) Public use recreation cabins.--
(A) In general.--Of the amounts made
available under subsection (b)(7), $20,000,000
shall be made available to the Secretary of
Agriculture for--
(i) the operation, repair,
reconstruction, and construction of
public use recreation cabins on
National Forest System land; and
(ii) to the extent necessary, the
repair or reconstruction of historic
buildings that are to be outleased
under section 306121 of title 54,
United States Code.
(B) Inclusion.--Of the amount described in
subparagraph (A), $5,000,000 shall be made
available to the Secretary of Agriculture for
associated salaries and expenses in carrying
out that subparagraph.
(C) Agreements.--The Secretary of Agriculture
may enter into a lease or cooperative agreement
with a State, Indian Tribe, local government,
or private entity--
(i) to carry out the activities
described in subparagraph (A); or
(ii) to manage the renting of a cabin
or building described in subparagraph
(A) to the public.
(3) Exclusion.--A project shall not be eligible for
funding under this subsection if--
(A) funding for the project would be used for
deferred maintenance, as defined by Federal
Accounting Standards Advisory Board; and
(B) the Secretary of the Interior or the
Secretary of Agriculture has identified the
project for funding from the National Parks and
Public Land Legacy Restoration Fund established
by section 200402(a) of title 54, United States
Code.
(f) Collaborative-based, Aquatic-focused, Landscape-scale
Restoration Program.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall, in
coordination with the Secretary of the Interior and using the
amounts made available under subsection (b)(10)--
(1) solicit collaboratively developed proposals
that--
(A) are for 5-year projects to restore fish
passage or water quality on Federal land and
non-Federal land to the extent allowed under
section 323(a) of the Department of the
Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 1011a(a)), including
Indian forest land or rangeland;
(B) contain proposed accomplishments and
proposed non-Federal funding; and
(C) request not more than $5,000,000 in
funding made available under subsection
(b)(10);
(2) select project proposals for funding in a manner
that--
(A) gives priority to a project proposal that
would result in the most miles of streams being
restored for the lowest amount of Federal
funding; and
(B) discontinues funding for a project that
fails to achieve the results included in a
proposal submitted under paragraph (1) for more
than 2 consecutive years; and
(3) publish a list of--
(A) all of the priority watersheds on
National Forest System land;
(B) the condition of each priority watershed
on the date of enactment of this Act; and
(C) the condition of each priority watershed
on the date that is 5 years after the date of
enactment of this Act.
(g) Contracts, Grants, and Agreements.--
(1) In general.--To carry out the ecosystem
restoration activities described in subsection (b)(9),
the Secretary of Agriculture, acting through the Chief
of the Forest Service, may enter into contracts,
grants, or agreements with eligible entities for the--
(A) collection and maintenance of native
seeds, including material from managed seed
orchards; and
(B) production of seedlings for revegetation.
(2) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible
entity'' means a State forestry agency, an
Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), a local
government, a private or nonprofit entity, and
a qualified educational institution (or a
consortium of such institutions).
(B) Qualified educational institution.--The
term ``qualified educational institution''
means--
(i) a land grant college or
university, including an institution
eligible to receive funding under--
(I) the Act of July 2, 1862;
(II) the Act of August 30,
1890, including Tuskegee
University;
(III) Public Law 87-788
(commonly known as the
``McIntire-Stennis Act of
1962''); or
(IV) the Equity in
Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301
note);
(ii) a community college or area
career and technical education school
(as defined in section 3 of the Carl D.
Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302)); or
(iii) an institution of higher
education (as defined in section 102 of
the Higher Education Act of 1965 (20
U.S.C. 1002)).
* * * * * * *
----------
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE IV--FOREST LANDSCAPE RESTORATION
* * * * * * *
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a Collaborative
Forest Landscape Restoration Program to select and fund
ecological restoration treatments for priority forest
landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a collaborative forest landscape
restoration proposal shall--
(1) be based on a landscape restoration strategy
that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological
restoration treatments for a 10-year period
within a landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested
National Forest System land, but may
also include land under the
jurisdiction of the Bureau of Land
Management, land under the jurisdiction
of the Bureau of Indian Affairs, or
other Federal, State, tribal, or
private land;
(iii) in need of active ecosystem
restoration; and
(iv) accessible by existing or
proposed wood-processing infrastructure
at an appropriate scale to use woody
biomass and small-diameter wood removed
in ecological restoration treatments;
(C) incorporates the best available science
and scientific application tools in ecological
restoration strategies;
(D) fully maintains, or contributes toward
the restoration of, the structure and
composition of old growth stands according to
the pre-fire suppression old growth conditions
characteristic of the forest type, taking into
account the contribution of the stand to
landscape fire adaptation and watershed health
and retaining the large trees contributing to
old growth structure;
(E) would carry out any forest restoration
treatments that reduce hazardous fuels by--
(i) focusing on small diameter trees,
thinning, strategic fuel breaks, and
fire use to modify fire behavior, as
measured by the projected reduction of
uncharacteristically severe wildfire
effects for the forest type (such as
adverse soil impacts, tree mortality or
other impacts); and
(ii) maximizing the retention of
large trees, as appropriate for the
forest type, to the extent that the
trees promote fire-resilient stands;
and
(F)(i) does not include the establishment of
permanent roads; and
(ii) would commit funding to decommission all
temporary roads constructed to carry out the
strategy;
(2) be developed and implemented through a
collaborative process that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource
advisory committee under subsections (c)
through (f) of section 205 of Public Law 106-
393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic
wildfire, including through the use of fire for
ecological restoration and maintenance and
reestablishing natural fire regimes, where
appropriate;
(B) improve fish and wildlife habitat,
including for endangered, threatened, and
sensitive species;
(C) maintain or improve water quality and
watershed function;
(D) prevent, remediate, or control invasions
of exotic species;
(E) maintain, decommission, and rehabilitate
roads and trails;
(F) use woody biomass and small-diameter
trees produced from projects implementing the
strategy;
(G) collect and maintain native seeds for
revegetation and the production of seedlings;
[(G)] (H) report annually on performance,
including through performance measures from the
plan entitled the ``10 Year Comprehensive
Strategy Implementation Plan'' and dated
December 2006; and
[(H)] (I) take into account any applicable
community wildfire protection plan;
(4) analyze any anticipated cost savings, including
those resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of
implementing ecological restoration treatments
over time;
(5) estimate--
(A) the annual Federal funding necessary to
implement the proposal; and
(B) the amount of new non-Federal investment
for carrying out the proposal that would be
leveraged;
(6) describe the collaborative process through which
the proposal was developed, including a description
of--
(A) participation by or consultation with
State, local, and Tribal governments; and
(B) any established record of successful
collaborative planning and implementation of
ecological restoration projects on National
Forest System land and other land included in
the proposal by the collaborators; and
(7) benefit local economies by providing local
employment or training opportunities through contracts,
grants, or agreements for restoration planning, design,
implementation, or monitoring with--
(A) local private, nonprofit, or cooperative
entities;
(B) a qualified educational institution (as
defined in subsection (g)(2) of section 40804
of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592a)) or a consortium of such
institutions;
[(B)] (C) Youth Conservation Corps crews or
related partnerships, with State, local, and
non-profit youth groups;
[(C)] (D) existing or proposed small or
micro-businesses, clusters, or incubators; or
[(D)] (E) other entities that will hire or
train local people to complete such contracts,
grants, or agreements; and
(8) be subject to any other requirements that the
Secretary, in consultation with the Secretary of the
Interior, determines to be necessary for the efficient
and effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may
nominate for selection by the Secretary any
proposals that meet the eligibility criteria
established by subsection (b).
(B) Concurrence.--Any proposal nominated by
the Regional Forester that proposes actions
under the jurisdiction of the Secretary of the
Interior shall include the concurrence of the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior.
(3) Documentation.--With respect to each proposal
that is nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal
funds allocated to the region to fund
those costs of planning and carrying
out ecological restoration treatments
on National Forest System land,
consistent with the strategy, that
would not be covered by amounts
transferred to the Secretary from the
Fund; and
(ii) provide evidence that amounts
proposed to be transferred to the
Secretary from the Fund during the
first 2 fiscal years following
selection would be used to carry out
ecological restoration treatments
consistent with the strategy during the
same fiscal year in which the funds are
transferred to the Secretary;
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
nomination shall include a plan to fund such
actions, consistent with the strategy, by the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior; and
(C) if actions on land not under the
jurisdiction of the Secretary or the Secretary
of the Interior are proposed, the appropriate
Regional Forester shall provide evidence that
the landowner intends to participate in, and
provide appropriate funding to carry out, the
actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory
panel established under subsection (e), the Secretary,
in consultation with the Secretary of the Interior,
shall, subject to paragraph (2), select the best
proposals that--
(A) have been nominated under subsection
(c)(2); and
(B) meet the eligibility criteria established
by subsection (b).
(2) Criteria.--In selecting proposals under paragraph
(1), the Secretary shall give special consideration
to--
(A) the strength of the proposal and
strategy;
(B) the strength of the ecological case of
the proposal and the proposed ecological
restoration strategies;
(C) the strength of the collaborative process
and the likelihood of successful collaboration
throughout implementation;
(D) whether the proposal is likely to achieve
reductions in long-term wildfire management
costs;
(E) whether the proposal would reduce the
relative costs of carrying out ecological
restoration treatments as a result of the use
of woody biomass and small-diameter trees; and
(F) whether an appropriate level of non-
Federal investment would be leveraged in
carrying out the proposal.
(3) Limitation.--The Secretary may select not more
than--
(A) 10 proposals to be funded during any
fiscal year;
(B) 2 proposals in any 1 region of the
National Forest System to be funded during any
fiscal year; and
(C) the number of proposals that the
Secretary determines are likely to receive
adequate funding.
(4) Waiver.--
(A) In general.--Subject to subparagraph (B),
after consulting with the advisory panel
established under subsection (e), if the
Secretary determines that a proposal that has
been selected under paragraph (1) and is being
carried out continues to meet the eligibility
criteria established by subsection (b), the
Secretary, on a case-by-case basis, may issue
for the proposal a 1-time extension of the 10-
year period requirement under paragraph (1)(B)
of that subsection.
(B) Limitation.--The extension described in
subparagraph (A)--
(i) shall be for the shortest period
of time practicable to complete
implementation of the proposal, as
determined by the Secretary; and
(ii) shall not exceed 10 years.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and
maintain an advisory panel comprised of not more than
15 members to evaluate, and provide recommendations on,
each proposal that has been nominated under subsection
(c)(2).
(2) Representation.--The Secretary shall ensure that
the membership of the advisory panel is fairly balanced
in terms of the points of view represented and the
functions to be performed by the advisory panel.
(3) Inclusion.--The advisory panel shall include
experts in ecological restoration, fire ecology, fire
management, rural economic development, strategies for
ecological adaptation to climate change, fish and
wildlife ecology, and woody biomass and small-diameter
tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Collaborative Forest Landscape Restoration
Fund'', to be used to pay up to 50 percent of the cost
of carrying out and monitoring ecological restoration
treatments on National Forest System land for each
proposal selected to be carried out under subsection
(d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1)
may, as the Secretary determines to be appropriate,
include cancellation and termination costs required to
be obligated for contracts to carry out ecological
restoration treatments on National Forest System land
for each proposal selected to be carried out under
subsection (d).
(3) Contents.--The Fund shall consist of such amounts
as are appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary,
the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as
the Secretary determines are appropriate, in
accordance with paragraph (1).
(B) Limitation.--The Secretary shall not
expend money from the Fund on any 1 proposal--
(i) during a period of more than 10
fiscal years; or
(ii) in excess of $4,000,000 in any 1
fiscal year.
(C) Exception.--The limitation described in
subparagraph (B)(i) shall not apply to a
proposal for which a 1-time extension is
granted under subsection (d)(4).
(5) Accounting and reporting system.--The Secretary
shall establish an accounting and reporting system for
the Fund.
(6) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $80,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the
date on which a proposal is selected to be carried out,
the Secretary shall create, in collaboration with the
interested persons, an implementation work plan and
budget to implement the proposal that includes--
(A) a description of the manner in which the
proposal would be implemented to achieve
ecological and community economic benefit,
including capacity building to accomplish
restoration;
(B) a business plan that addresses
(i) the anticipated unit treatment
cost reductions over 10 years;
(ii) the anticipated costs for
infrastructure needed for the proposal;
(iii) the projected sustainability of
the supply of woody biomass and small-
diameter trees removed in ecological
restoration treatments; and
(iv the projected local economic
benefits of the proposal;
(C) documentation of the non-Federal
investment in the priority landscape, including
the sources and uses of the investments; and
(D) a plan to decommission any temporary
roads established to carry out the proposal.
(2) Project implementation.--Amounts transferred to
the Secretary from the Fund shall be used to carry out
ecological restoration treatments that are--
(A) consistent with the proposal and
strategy; and
(B) identified through the collaborative
process described in subsection (b)(2).
(3) Annual report.-- The Secretary, in collaboration
with the Secretary of the Interior and interested
persons, shall prepare an annual report on the
accomplishments of each selected proposal that
includes--
(A) a description of all acres (or other
appropriate unit) treated and restored through
projects implementing the strategy;
(B) an evaluation of progress, including
performance measures and how prior year
evaluations have contributed to improved
project performance;
(C) a description of community benefits
achieved, including any local economic
benefits;
(D) the results of the multiparty monitoring,
evaluation, and accountability process under
paragraph (4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management
activities.
(4) Multiparty monitoring.-- The Secretary shall, in
collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring,
evaluation, and accountability process to assess the
positive or negative ecological, social, and economic
effects of projects implementing a selected proposal
for not less than 15 years after project implementation
commences.
(h) Report.--Not later than 5 years after the first fiscal
year in which funding is made available to carry out ecological
restoration projects under the program, and every 5 years
thereafter, the Secretary, in consultation with the Secretary
of the Interior, shall submit a report on the program,
including an assessment of whether, and to what extent, the
program is fulfilling the purposes of this title, to--
(1) the Committee on Energy and Natural Resources of
the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(4) the Committee on Natural Resources of the House
of Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Agriculture of the House of
Representatives.
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