REPLANT Act

II 116TH CONGRESS 2D SESSION S. 4357 To amend the Forest and Rangeland Renewable Resources Planning Act of 1974 to promote reforestation following unplanned events on Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 29, 2020 Mr. UDALL (for himself, Mr. PORTMAN, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Ag- riculture, Nutrition, and Forestry A BILL To amend the Forest and Rangeland Renewable Resources Planning Act of 1974 to promote reforestation following unplanned events on Federal land, and for other pur- poses. 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 ‘‘Repairing Existing 4 Public Land by Adding Necessary Trees Act’’ or the ‘‘RE- 5 PLANT Act’’. 6 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4357 IS SEC. 2. REFORESTATION FOLLOWING WILDFIRES AND 1 OTHER UNPLANNED EVENTS. 2 (a) FOREST AND RANGELAND RENEWABLE RE- 3 SOURCES PLANNING ACT OF 1974.— 4 (1) NATIONAL FOREST COVER POLICY.— 5 (A) IN GENERAL.—Section 3 of the Forest 6 and Rangeland Renewable Resources Planning 7 Act of 1974 (16 U.S.C. 1601) is amended— 8 (i) by redesignating subsection (e) as 9 subsection (f); 10 (ii) by redesignating the second sub- 11 section (d) (relating to the policy of Con- 12 gress regarding forested land in the Na- 13 tional Forest System) as subsection (e); 14 and 15 (iii) in subsection (e) (as so redesig- 16 nated)— 17 (I) in paragraph (2)— 18 (aa) in the first sentence— 19 (AA) by striking ‘‘9 of 20 this Act, the Secretary shall 21 annually for eight years fol- 22 lowing the enactment of this 23 subsection’’ and inserting 24 ‘‘9, the Secretary shall, an- 25 nually during each of the 10 26 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4357 IS years beginning after the 1 date of enactment of the 2 REPLANT Act’’; and 3 (BB) by striking 4 ‘‘eight-year’’ and inserting 5 ‘‘10-year’’; 6 (bb) in the second sentence, 7 by striking ‘‘such eight-year pe- 8 riod’’ and inserting ‘‘the 10-year 9 period’’; and 10 (cc) in the third sentence, by 11 striking ‘‘1978’’ and inserting 12 ‘‘2021’’; 13 (II) in paragraph (3), in the first 14 sentence, by striking ‘‘subsection (d)’’ 15 and inserting ‘‘subsection’’; and 16 (III) by adding at the end the 17 following: 18 ‘‘(4) REFORESTATION REQUIREMENTS.— 19 ‘‘(A) DEFINITIONS.—In this paragraph: 20 ‘‘(i) NATURAL REGENERATION.— 21 ‘‘(I) IN GENERAL.—The term 22 ‘natural regeneration’ means the es- 23 tablishment of a tree or tree age class 24 from natural seeding, sprouting, or 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4357 IS suckering in accordance with the man- 1 agement objectives of an applicable 2 land management plan. 3 ‘‘(II) INCLUSION.—The term 4 ‘natural regeneration’ may include 5 any site preparation activity to en- 6 hance the success of regeneration to 7 the desired species composition and 8 structure. 9 ‘‘(ii) PRIORITY LAND.—The term ‘pri- 10 ority land’ means National Forest System 11 land that, due to an unplanned event— 12 ‘‘(I) is unstocked; 13 ‘‘(II) requires reforestation to 14 meet the objectives of an applicable 15 land management plan; and 16 ‘‘(III) is unlikely to experience 17 natural regeneration without assist- 18 ance. 19 ‘‘(iii) REFORESTATION.—The term 20 ‘reforestation’ means the act of renewing 21 tree cover by establishing young trees 22 through— 23 ‘‘(I) natural regeneration; 24 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4357 IS ‘‘(II) natural regeneration with 1 site preparation; or 2 ‘‘(III) planting direct seeding, 3 taking into consideration species com- 4 position and resilience. 5 ‘‘(iv) UNPLANNED EVENT.— 6 ‘‘(I) IN GENERAL.—The term 7 ‘unplanned event’ means any un- 8 planned disturbance that— 9 ‘‘(aa) disrupts ecosystem or 10 forest structure or composition; 11 or 12 ‘‘(bb) changes resources, 13 substrate availability, or the 14 physical environment. 15 ‘‘(II) INCLUSIONS.—The term 16 ‘unplanned event’ may include— 17 ‘‘(aa) a wildfire; 18 ‘‘(bb) an infestation of in- 19 sects or disease; 20 ‘‘(cc) a weather event; and 21 ‘‘(dd) animal damage. 22 ‘‘(v) UNSTOCKED.—The term 23 ‘unstocked’, with respect to forest land, 24 means that a percentage of forested land 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4357 IS area of the forest land fails to achieve com- 1 pliance with a stocking level required 2 under an applicable land management 3 plan. 4 ‘‘(B) REQUIREMENT.—Each reforestation 5 activity under this section shall be carried out 6 in accordance with applicable Forest Service 7 management practices and definitions, including 8 those contained in— 9 ‘‘(i) the amendment numbered 2400– 10 2014–1 to chapter 2470 (relating to sil- 11 vicultural practices) of the Forest Service 12 document numbered FSM 2400 (relating 13 to forest management) (or a successor 14 amendment or manual); and 15 ‘‘(ii) section 219.19 of title 36, Code 16 of Federal Regulations (or a successor reg- 17 ulation). 18 ‘‘(C) REFORESTATION PRIORITY.— 19 ‘‘(i) IN GENERAL.—In carrying out 20 this subsection, the Secretary shall give 21 priority to projects on the priority list de- 22 scribed in clause (ii). 23 ‘‘(ii) PRIORITY LIST.— 24 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4357 IS ‘‘(I) IN GENERAL.—The Chief of 1 the Forest Service shall, based on rec- 2 ommendations from regional foresters, 3 create a priority list of reforestation 4 projects that— 5 ‘‘(aa) primarily take place 6 on priority land; 7 ‘‘(bb) promote effective re- 8 forestation following unplanned 9 events; and 10 ‘‘(cc) may include activities 11 to ensure adequate and appro- 12 priate seed availability. 13 ‘‘(II) RANKING.—The Chief of 14 the Forest Service shall rank projects 15 on the priority list under subclause (I) 16 based on— 17 ‘‘(aa) documentation of an 18 effective reforestation project 19 plan; 20 ‘‘(bb) the ability to measure 21 the progress and success of the 22 project; and 23 ‘‘(cc) the ability of a project 24 to provide benefits relating to 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4357 IS forest function and health, soil 1 health and productivity, wildlife 2 habitat, improved air and water 3 quality, carbon sequestration po- 4 tential, resilience, job creation, 5 and enhanced recreational oppor- 6 tunities.’’. 7 (B) CONFORMING AMENDMENT.—Section 8 9 of the Cooperative Forestry Assistance Act of 9 1978 (16 U.S.C. 2105) is amended, in the un- 10 designated matter following paragraph (5) of 11 subsection (g)— 12 (i) by striking ‘‘section 3(d)’’ and in- 13 serting ‘‘subsection (e) of section 3’’; and 14 (ii) by striking ‘‘1601(d)’’ and insert- 15 ing ‘‘1601’’. 16 (2) NATIONAL FOREST SYSTEM PROGRAM ELE- 17 MENTS.—Section 9 of the Forest and Rangeland Re- 18 newable Resources Planning Act of 1974 (16 U.S.C. 19 1607) is amended, in the second sentence, by strik- 20 ing ‘‘2000’’ and inserting ‘‘2029’’. 21 (b) REFORESTATION TRUST FUND.—Section 303 of 22 Public Law 96–451 (16 U.S.C. 1606a) is amended— 23 (1) in subsection (b)— 24 (A) by striking paragraph (2); 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4357 IS (B) in paragraph (3)— 1 (i) in the second sentence, by striking 2 ‘‘Proper adjustment’’ and inserting the fol- 3 lowing: 4 ‘‘(3) ADJUSTMENT OF ESTIMATES.—Proper ad- 5 justment’’; and 6 (ii) by striking ‘‘(3) The amounts’’ 7 and inserting the following: 8 ‘‘(2) FREQUENCY.—The amounts’’; and 9 (C) by striking the subsection designation 10 and all that follows through ‘‘the Secretary’’ in 11 paragraph (1) and inserting the following: 12 ‘‘(b) TRANSFERS TO TRUST FUND.— 13 ‘‘(1) IN GENERAL.—The Secretary’’; and 14 (2) in subsection (d)(1)— 15 (A) by striking ‘‘section 3(d)’’ and insert- 16 ing ‘‘subsection (e) of section 3’’; and 17 (B) by striking ‘‘1601(d)’’ and inserting 18 ‘‘1601’’. 19 (c) STEWARDSHIP END RESULT CONTRACTING 20 PROJECTS.—Section 604(c) of the Healthy Forests Res- 21 toration Act of 2003 (16 U.S.C. 6591c(c)) is amended by 22 adding at the end the following: 23 ‘‘(8) With respect to projects under subsection 24 (b) entered into only by the Chief, reforestation in 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4357 IS accordance with subsection (e)(4)(C)(ii) of section 3 1 of the Forest and Rangeland Renewable Resources 2 Planning Act of 1974 (16 U.S.C. 1601).’’. 3 (d) GOOD NEIGHBOR AUTHORITY.—Section 8206 of 4 the Agricultural Act of 2014 (16 U.S.C. 2113a) is amend- 5 ed— 6 (1) in subsection (a)(4)(A)— 7 (A) in clause (ii), by striking ‘‘and’’ at the 8 end; 9 (B) by redesignating clause (iii) as clause 10 (iv); and 11 (C) by inserting after clause (ii) the fol- 12 lowing: 13 ‘‘(iii) with respect to National Forest 14 System land only, reforestation activities; 15 and’’; and 16 (2) in subsection (b)(1), by adding at the end 17 the following: 18 ‘‘(C) REFORESTATION PRIORITY.—The 19 Secretary shall enter into good neighbor agree- 20 ments under this section with respect to forest, 21 rangeland, and watershed restoration services 22 described in subsection (a)(4)(A)(iii) in accord- 23 ance with subsection (e)(4)(C)(ii) of section 3 24 of the Forest and Rangeland Renewable Re- 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4357 IS sources Planning Act of 1974 (16 U.S.C. 1 1601).’’. 2 SEC. 3. REPORT. 3 Not later than 1 year after the date of enactment 4 of this Act, and annually thereafter, the Secretary of Agri- 5 culture shall submit to the Committee on Agriculture, Nu- 6 trition, and Forestry of the Senate and the Committee on 7 Agriculture of the House of Representatives, and make 8 publicly available on the website of the Forest Service, a 9 report that describes, with respect to the preceding year— 10 (1) an evaluation of the degree to which the 11 Secretary has achieved compliance with the require- 12 ments contained in the amendments made by this 13 Act, including, as a result of those amendments, the 14 number of acres covered by reforestation projects 15 that follow unplanned events (such as wildfires); 16 (2) the authorities, expressed by the number of 17 acres replanted, used to replant forests impacted by 18 unplanned events, including through— 19 (A) stewardship contracts under section 20 604 of the Healthy Forests Restoration Act of 21 2003 (16 U.S.C. 6591c); and 22 (B) good neighbor agreements under sec- 23 tion 8206 of the Agricultural Act of 2014 (16 24 U.S.C. 2113a); 25 VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4357 IS (3) the number of acres of National Forest Sys- 1 tem land affected by, and the substance of reforest- 2 ation needs on that land resulting from, unplanned 3 events; and 4 (4) the number of acres in need of reforestation 5 under subsection (e)(1) of section 3 of the Forest 6 and Rangeland Renewable Resources Planning Act 7 of 1974 (16 U.S.C. 1601). 8 Æ VerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S4357.IS S4357 kjohnson on DSK79L0C42PROD with BILLS