What This Bill Does
This bill changes the Federal Land Policy and Management Act of 1976 to allow the federal government to build and run tree nurseries on public lands. The bill creates two separate pilot programs: one run by the Interior Department and one run by the Forest Service through the Department of Agriculture.
Who It Affects
- The Secretary of the Interior and the Department of the Interior
- The Secretary of Agriculture and the Forest Service
- Non-federal entities that may enter agreements to use trees from the nurseries
- States where nurseries will be located (four of the eleven contiguous Western States and one other state for each program)
Key Provisions
- The Interior Secretary can establish a tree nursery on federal land and develop necessary infrastructure to meet federal and regional conservation tree planting needs, consistent with the Bureau of Land Management National Seed Strategy (Sec. 604(c)(2)(A))
- The Secretary concerned can purchase equipment and machinery and build facilities to store materials and equipment on federal land (Sec. 604(c)(2)(B))
- The Secretary concerned can enter cooperative agreements with non-federal entities to use trees grown in the pilot program nurseries (Sec. 604(c)(2)(C))
- The Secretary concerned can conduct research on grazing and forest management to help sequester carbon, prevent soil erosion, and improve air and water quality (Sec. 604(c)(2)(D))
- The Secretary concerned can hire and train staff to carry out these activities (Sec. 604(c)(2)(E))
What Changes
If this bill becomes law, the federal government will gain authority to build tree nurseries on public lands in selected states. Federal agencies will be able to use funding from the Infrastructure Investment and Jobs Act to establish and operate these nurseries.
Important Definitions
- "Secretary concerned" means either the Interior Secretary (for public lands under Interior's control) or the Agriculture Secretary acting through the Forest Service Chief (for National Forest System land) (Sec. 604(c)(1))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 297
To amend the Federal Land Policy and Management Act of 1976 to authorize
certain construction activities on public lands, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. SANDERS introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To amend the Federal Land Policy and Management Act
of 1976 to authorize certain construction activities on
public lands, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. NURSERIES.
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Title VI of the Federal Land Policy and Management
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Act of 1976 (43 U.S.C. 1781 et seq.) is amended by add-
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ing at the end the following:
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ββSEC. 604. NURSERIES.
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ββ(a) IN GENERAL.βUsing funds made available
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under section 40804(b)(8) of the Infrastructure Invest-
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ment and Jobs Act (16 U.S.C. 6592a(b)(8))β
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β’S 297 IS
ββ(1) the Secretary shall carry out a pilot pro-
1
gram to establish and operate nurseries on public
2
lands and other Federal land under the jurisdiction
3
of the Secretary; and
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ββ(2) the Secretary of Agriculture, acting
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through the Chief of the Forest Service, shall carry
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out a pilot program to establish and operate nurs-
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eries on National Forest System land.
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ββ(b) LOCATIONS.β
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ββ(1) DEPARTMENT
OF
THE
INTERIOR.βThe
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Secretary shall carry out the pilot program estab-
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lished under subsection (a)(1) inβ
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ββ(A) 4 of the eleven contiguous Western
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States; and
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ββ(B) 1 State that is not 1 of the eleven
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contiguous Western States.
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ββ(2) FOREST SERVICE.βThe Secretary of Agri-
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culture, acting through the Chief of the Forest Serv-
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ice, shall carry out the pilot program established
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under subsection (a)(2) inβ
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ββ(A) 4 of the eleven contiguous Western
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States; and
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ββ(B) 1 State, including the State of
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Vermont, that is not 1 of the eleven contiguous
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Western States.
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β’S 297 IS
ββ(c) ACTIVITIES.β
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ββ(1)
DEFINITION
OF
SECRETARY
CON-
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CERNED.βIn this subsection, the term βSecretary
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concernedβ meansβ
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ββ(A) the Secretary, with respect to public
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lands and other Federal land under the juris-
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diction of the Secretary; and
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ββ(B) the Secretary of Agriculture, acting
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through the Chief of the Forest Service, with
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respect to National Forest System land.
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ββ(2) AUTHORIZATIONS.βIn carrying out a pilot
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program established under subsection (a), the Sec-
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retary concerned mayβ
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ββ(A) establish a tree nursery on Federal
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land under the jurisdiction of the Secretary
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concerned, and develop the infrastructure nec-
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essary to support that nursery, to address Fed-
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eral and regional conservation tree planting
18
needs, consistent with the Bureau of Land
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Management National Seed Strategy;
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ββ(B) purchase necessary equipment and
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machinery and construct the necessary facilities
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on Federal land under the jurisdiction of the
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Secretary concerned to store material, equip-
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β’S 297 IS
ment, and machinery authorized under this sec-
1
tion;
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ββ(C) enter into cooperative agreements
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with non-Federal entities to use trees produced
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in nurseries established under the pilot pro-
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gram;
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ββ(D) conduct necessary research on graz-
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ing and forest management on Federal land
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under the jurisdiction of the Secretary con-
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cerned, ensuring the long-term sustainability of
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such grazing and forest management, to maxi-
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mize the abilityβ
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ββ(i) to sequester carbon;
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ββ(ii) to prevent soil erosion; and
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ββ(iii) to improve air and water qual-
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ity; and
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ββ(E) hire and train personnel to carry out
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the activities described in this section.ββ.
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Γ
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