What This Bill Does
This bill establishes an Outdoor and Watershed Restoration Fund to provide money for restoration and resilience projects. The fund supports efforts to improve forests, grasslands, watersheds, and wildlife habitats across the country. Money from the fund goes to grants for planning and implementing restoration work on both public and private land.
Who It Affects
State agencies, local governments, Tribal governments, regional organizations, special districts and nonprofit organizations that apply for grants. The Secretary of Agriculture administers the program. The Restoration Fund Advisory Council provides recommendations on how to spend the money. Communities near wildland-urban interfaces (areas where homes meet forests) receive priority for certain projects.
Key Provisions
- The bill creates a Restoration Fund Advisory Council made up of 12 appointed members representing different industries, expertise areas, and government levels, plus the Secretary of Agriculture and up to 3 federal agency representatives (Sec. 4)
- Eligible organizations can receive capacity grants to plan and coordinate restoration projects, or implementation grants to carry out actual restoration work on non-federal land (Sec. 5)
- The Secretary of Agriculture must designate partnership areas within 60 days of the law passing, focusing on places with high wildfire risk, important wildlife habitat needing restoration, or wildland-urban interface areas (Sec. 6)
- Projects funded under this bill must follow existing environmental laws and cannot be carried out in wilderness areas, inventoried roadless areas, or to remove old growth tree stands (Sec. 6)
- The bill appropriates money to the fund to remain available until spent (Sec. 8)
What Changes
A new federal fund is created to finance restoration work. Organizations that previously lacked dedicated funding can now apply for grants to restore forests, grasslands, watersheds, and wildlife habitat. Matching fund requirements under existing federal programs can now be satisfied using money from this new fund. The bill streamlines how federal agencies coordinate on restoration projects and allows federal agencies to modify eligibility requirements to speed up the process.
Important Definitions
The bill defines "restoration and resilience project" as work designed using the best available science to measurably improve forest conditions, rangeland and native grassland health, watershed function, or wildlife habitat. "Ecological integrity" means the definition given in federal regulations. "Eligible entity" includes state agencies, local government units, tribal governments, regional organizations, special districts, and nonprofits. "Wildland-urban interface" means the boundary area where homes and development meet forests.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 540
To establish an Outdoor Restoration Fund for restoration and resilience
projects, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Mr. BENNET (for himself, Mr. HICKENLOOPER, and Mr. WYDEN) introduced
the following bill; which was read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry
A BILL
To establish an Outdoor Restoration Fund for restoration
and resilience projects, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protect the West Act
4
of 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
(1) COUNCIL.—The term ‘‘Council’’ means the
8
Restoration Fund Advisory Council established by
9
section 4(a).
10
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(2) COVERED AUTHORITY.—The term ‘‘covered
1
authority’’ means—
2
(A) the good neighbor authority estab-
3
lished by section 8206 of the Agricultural Act
4
of 2014 (16 U.S.C. 2113a);
5
(B) the Water Source Protection Program
6
under section 303 of the Healthy Forests Res-
7
toration Act of 2003 (16 U.S.C. 6542);
8
(C) the Watershed Condition Framework
9
established under section 304 of the Healthy
10
Forests Restoration Act of 2003 (16 U.S.C.
11
6543);
12
(D) the stewardship end result contracting
13
program under section 604 of the Healthy For-
14
ests Restoration Act of 2003 (16 U.S.C.
15
6591c);
16
(E) the Cooperative Forestry Assistance
17
Act of 1978 (16 U.S.C. 2101 et seq.);
18
(F) the Joint Chiefs’ Landscape Restora-
19
tion Partnership program;
20
(G) the Watershed Protection and Flood
21
Prevention Act (16 U.S.C. 1001 et seq.);
22
(H) the emergency watershed protection
23
program established under section 403 of the
24
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Agricultural Credit Act of 1978 (16 U.S.C.
1
2203);
2
(I) the Collaborative Forest Landscape
3
Restoration Program established under section
4
4003 of Public Law 111–11 (16 U.S.C. 7303);
5
(J) the legacy roads and trails program of
6
the Department of Agriculture;
7
(K) the working lands for wildlife program
8
of the Department of Agriculture; and
9
(L) a conservation program under title XII
10
of the Food Security Act of 1985 (16 U.S.C.
11
3801 et seq.), including the Regional Conserva-
12
tion Partnership program under subtitle I of
13
that title (16 U.S.C. 3871 et seq.).
14
(3) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
15
logical integrity’’ has the meaning given the term in
16
section 219.19 of title 36, Code of Federal Regula-
17
tions (as in effect on the date of enactment of this
18
Act).
19
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
20
ty’’ means—
21
(A) a State agency;
22
(B) a unit of local government;
23
(C) a Tribal government;
24
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(D) a regional government or quasi-govern-
1
mental organization;
2
(E) a special district; or
3
(F) a nonprofit organization.
4
(5) FUND.—The term ‘‘Fund’’ means the Out-
5
door and Watershed Restoration Fund established
6
by section 3(a).
7
(6) GRANT PROGRAM.—The term ‘‘grant pro-
8
gram’’ means the restoration and resilience grant
9
program established by section 5(b).
10
(7) RESTORATION.—The term ‘‘restoration’’
11
has the meaning given the term in section 219.19 of
12
title 36, Code of Federal Regulations (as in effect on
13
the date of enactment of this Act).
14
(8)
RESTORATION
AND
RESILIENCE
15
PROJECT.—The term ‘‘restoration and resilience
16
project’’ means a project carried out on Federal
17
land, non-Federal land, or both, that is designed in
18
accordance with the best available science to conduct
19
restoration that measurably improves—
20
(A) forest conditions;
21
(B) rangeland and native grassland health;
22
(C) watershed function; or
23
(D) wildlife habitat.
24
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(9) SECRETARY.—The term ‘‘Secretary’’ means
1
the Secretary of Agriculture.
2
(10) WILDLAND-URBAN INTERFACE.—The term
3
‘‘wildland-urban interface’’ has the meaning given
4
the term in section 101 of the Healthy Forests Res-
5
toration Act of 2003 (16 U.S.C. 6511).
6
SEC. 3. OUTDOOR AND WATERSHED RESTORATION FUND.
7
(a) ESTABLISHMENT.—There is established in the
8
Treasury an Outdoor and Watershed Restoration Fund.
9
(b) PURPOSE.—The purpose of the Fund is to pro-
10
vide funding for the grant program and the Restoration
11
and Resilience Partnership Program under section 6.
12
(c) USE.—Amounts in the Fund shall be used by the
13
Secretary through a transparent process—
14
(1) in coordination with the Council, to carry
15
out the grant program; and
16
(2) to carry out the Restoration and Resilience
17
Partnership Program under section 6.
18
(d) SAVINGS PROVISIONS.—
19
(1) COMPLEMENTARY
PROGRAMS.—Activities
20
carried out under this Act shall complement, not du-
21
plicate or replace, existing Federal conservation, res-
22
toration, and resilience programs.
23
(2) APPLICABLE LAW.—A restoration and resil-
24
ience project on Federal land or non-Federal land
25
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developed or implemented using amounts provided
1
under this Act shall be carried out in accordance
2
with applicable law and available authorities.
3
(e) SUPPLEMENT, NOT SUPPLANT.—Amounts pro-
4
vided under this Act shall supplement, not supplant, any
5
Federal, State, or other funds otherwise made available
6
to an eligible entity for activities described in this Act.
7
(f) INTERAGENCY FLEXIBILITY AND LEVERAGE.—To
8
facilitate interagency cooperation and enhance the speed
9
and scale of results of activities carried out using amounts
10
in the Fund—
11
(1) matching funds or cost-sharing require-
12
ments of a covered authority may be satisfied
13
through the contribution of funding from—
14
(A) 1 or more other covered authorities; or
15
(B) funds appropriated under section 8;
16
and
17
(2) the Secretary shall modify, expand, or
18
streamline eligibility and verification criteria for cov-
19
ered authorities to maximize flexibility, speed, and
20
use of Federal funds in the most effective manner
21
to achieve outcomes of activities using amounts in
22
the Fund.
23
(g) PAY-FOR-PERFORMANCE CONTRACT AUTHOR-
24
ITY.—In using amounts in the Fund, the Secretary may
25
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use a contract, grant agreement, or fixed amount award
1
to purchase successfully implemented restoration and re-
2
silience project outcomes from qualifying projects, as de-
3
termined by the Secretary, at a negotiated per-unit price.
4
(h) ACCEPTANCE AND USE OF CONTRIBUTIONS.—
5
(1) IN GENERAL.—The Secretary of the Treas-
6
ury, or a designee, may establish in the Treasury an
7
account to accept contributions of non-Federal funds
8
for the Fund.
9
(2) DEPOSIT AND USE OF CONTRIBUTIONS.—
10
Contributions of non-Federal funds received for the
11
Fund shall be—
12
(A) deposited into the account established
13
under paragraph (1); and
14
(B) available to the Secretary, without fur-
15
ther appropriation and until expended, to carry
16
out activities described in subsection (c).
17
(i) OVERSIGHT.—Not later than 1 year after the date
18
of enactment of this Act, and annually thereafter, the In-
19
spector General of the Department of Agriculture shall
20
prepare and submit to the Committees on Agriculture,
21
Nutrition, and Forestry and Appropriations of the Senate
22
and the Committees on Agriculture, Natural Resources,
23
and Appropriations of the House of Representatives a re-
24
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port describing the use, and any abuse or misuse, as appli-
1
cable, of the Fund by the Secretary with respect to—
2
(1) the grant program; and
3
(2) the Restoration and Resilience Partnership
4
Program established by section 6.
5
SEC. 4. RESTORATION FUND ADVISORY COUNCIL.
6
(a) ESTABLISHMENT.—There is established a Res-
7
toration Fund Advisory Council to provide recommenda-
8
tions to the Secretary with respect to—
9
(1) the disbursement of amounts from the
10
Fund for the grant program;
11
(2) priority-setting for landscapes; and
12
(3) evaluation and monitoring for restoration
13
and resilience project success.
14
(b) MEMBERSHIP.—The Council shall be composed
15
of—
16
(1) the Secretary;
17
(2) 12 members, to be appointed by the Sec-
18
retary, of whom—
19
(A) 3 shall be representatives from re-
20
source-dependent industries, including the agri-
21
culture, oil and gas, outdoor recreation, or for-
22
est products industries;
23
(B) 3 shall be national experts from each
24
of the fields of natural resource restoration,
25
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economic development, and community and cli-
1
mate resilience;
2
(C) 3 shall be representatives of conserva-
3
tion, wildlife, or watershed organizations;
4
(D) 1 shall be a representative of State
5
government;
6
(E) 1 shall be a representative of a unit of
7
local government; and
8
(F) 1 shall be a representative of a Tribal
9
government; and
10
(3) as determined to be necessary by the Sec-
11
retary, not more than 3 representatives from other
12
Federal agencies.
13
(c) REPORT.—Not later than 1 year after the date
14
of enactment of this Act, and annually thereafter, the Sec-
15
retary, in consultation with the Council, shall submit to
16
the Committee on Agriculture, Nutrition, and Forestry
17
and the Committee on Appropriations of the Senate and
18
the Committee on Agriculture, the Committee on Natural
19
Resources, and the Committee on Appropriations of the
20
House of Representatives a report describing—
21
(1) the status of any restoration and resilience
22
projects that received amounts from the Fund, in-
23
cluding—
24
(A) environmental and climate benefits;
25
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(B) restoration achievements;
1
(C) attainment of restoration and habitat
2
improvement objectives;
3
(D) jobs created and retained;
4
(E) the growth in outdoor industries that
5
provide capacity to carry out restoration and re-
6
silience projects; and
7
(F) progress towards State-, Tribal-, and
8
community-level resilience goals; and
9
(2) recommendations to improve coordination,
10
align Federal, State, or Tribal resources or existing
11
authorities, and expand workforce capacity in out-
12
door industries that provide capacity to carry out
13
restoration and resilience projects through legislative
14
and administrative changes.
15
SEC. 5. RESTORATION AND RESILIENCE GRANT PROGRAM.
16
(a) PURPOSES.—The purposes of this section are—
17
(1) to increase the capacity for—
18
(A) planning, coordinating, and monitoring
19
restoration and resilience projects on non-Fed-
20
eral land; and
21
(B) providing support for collaboration and
22
monitoring on Federal land; and
23
(2) to support, on non-Federal land—
24
(A) restoration and resilience projects;
25
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(B) efforts to improve wildfire resistive
1
construction and reduce risks within the home
2
ignition zone; and
3
(C) projects to expand equitable outdoor
4
access.
5
(b) ESTABLISHMENT.—There is established a res-
6
toration and resilience grant program, to be administered
7
by the Secretary, with the guidance of the Council, to pro-
8
vide grants or pay-for-performance contracts from the
9
Fund to eligible entities for the purposes described in sub-
10
section (a).
11
(c) REGIONAL COORDINATION.—The Secretary and
12
the Council shall, to the maximum extent practicable—
13
(1) seek input from and coordinate with State
14
or regional efforts, initiatives, and partnerships to
15
restore ecological integrity on Federal land and non-
16
Federal land; and
17
(2) complement or support existing State or re-
18
gional efforts, initiatives, and partnerships to restore
19
ecological integrity on Federal land and non-Federal
20
land.
21
(d) USE OF FUNDS.—
22
(1) IN
GENERAL.—The Secretary shall use
23
amounts in the Fund to provide capacity grants or
24
pay-for-performance contracts under paragraph (2)
25
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and implementation grants or pay-for-performance
1
contracts under paragraph (3).
2
(2) CAPACITY GRANTS.—
3
(A) IN GENERAL.—Capacity grants or pay-
4
for-performance contracts shall be made avail-
5
able to eligible entities for the purpose de-
6
scribed in subsection (a)(1).
7
(B) APPLICATION.—
8
(i) IN GENERAL.—A grant or pay-for-
9
performance contract under this paragraph
10
may only be made to an eligible entity that
11
submits to the Secretary an application at
12
such time, in such manner, and containing
13
or accompanied by such additional infor-
14
mation as the Secretary, in consultation
15
with the Council, may require, including
16
the information required under clause (ii).
17
(ii) CONTENTS.—An application sub-
18
mitted under clause (i) shall contain—
19
(I) a clear and concise expression
20
of interest;
21
(II) an explanation for how funds
22
would complement existing Federal
23
funds;
24
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(III) a description of how the
1
proposed planning, coordinating, or
2
monitoring of restoration and resil-
3
ience projects would be carried out in
4
accordance with the best available eco-
5
logical restoration science; and
6
(IV) an estimate of the number
7
and duration of jobs that provide
[Text truncated for display. Full text available on Congress.gov.]