Outdoor Restoration Force Act of 2020

II 116TH CONGRESS 2D SESSION S. 5015 To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 15, 2020 Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 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 ‘‘Outdoor Restoration 4 Force Act of 2020’’. 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 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 2 •S 5015 IS (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means— 2 (A) a State agency; 3 (B) a unit of local government; 4 (C) a Tribal government; 5 (D) a regional organization; 6 (E) a special district; or 7 (F) a nonprofit organization. 8 (3) ELIGIBLE PROJECT.— 9 (A) IN GENERAL.—The term ‘‘eligible 10 project’’ means a project or initiative— 11 (i) that improves— 12 (I) ecosystem health and resil- 13 ience, including forest, watershed, and 14 rangeland ecosystems across public 15 and private land, including— 16 (aa) fire mitigation efforts; 17 (bb) forest and river restora- 18 tion; 19 (cc) reforestation efforts; or 20 (dd) natural infrastructure 21 projects, including projects that 22 sequester carbon, mitigate emis- 23 sions, or improve climate resil- 24 ience; 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 3 •S 5015 IS (II) air and water quality, includ- 1 ing the cleanup and restoration of— 2 (aa) abandoned coal or 3 hardrock mines; 4 (bb) toxic waste sites; or 5 (cc) orphaned oil or gas 6 wells; or 7 (III) wildlife habitats, including 8 projects that— 9 (aa) expand wildlife cross- 10 ings and habitat connectivity; 11 (bb) create or improve habi- 12 tats for at-risk species; 13 (cc) manage or remove 14 invasive species from wildlife 15 habitats; or 16 (dd) conserve working land; 17 (ii) that is carried out in accordance 18 with— 19 (I) the management objectives of 20 an applicable land management plan 21 adopted under— 22 (aa) section 202 of the Fed- 23 eral Land Policy and Manage- 24 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 4 •S 5015 IS ment Act of 1976 (43 U.S.C. 1 1712); or 2 (bb) section 6 of the Forest 3 and Rangeland Renewable Re- 4 sources Planning Act of 1974 5 (16 U.S.C. 1604); 6 (II) any other authorized use not 7 in the applicable land management 8 plan described in subclause (I); and 9 (III) applicable law and available 10 authorities; and 11 (iii) that does not include efforts to 12 remove old growth stands (as defined in 13 section 102(e) of the Healthy Forests Res- 14 toration Act of 2003 (16 U.S.C. 6512(e))). 15 (B) INCLUSION.—The term ‘‘eligible 16 project’’ may include, if a project or initiative 17 described in subparagraph (A) is administered 18 in coordination with an eligible entity, efforts to 19 improve public access and outdoor recreation, 20 including efforts— 21 (i) to enhance recreational facilities or 22 trails; 23 (ii) to improve equitable access to the 24 outdoors; or 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 5 •S 5015 IS (iii) to reduce the negative effects of 1 recreation on forests, watersheds, or wild- 2 life. 3 (4) FUND.—The term ‘‘Fund’’ means the Out- 4 door Restoration Fund established by section 3(a). 5 SEC. 3. OUTDOOR RESTORATION FUND. 6 (a) ESTABLISHMENT.—There is established in the 7 Treasury an Outdoor Restoration Fund. 8 (b) USE.—Amounts in the Fund shall be used— 9 (1) by the Council to carry out the restoration 10 and resilience project grant program established by 11 section 5; and 12 (2) by the Secretary of the Interior, the Sec- 13 retary of Agriculture, and the Administrator of the 14 Environmental Protection Agency to carry out the 15 restoration and resilience partnership established by 16 section 6. 17 (c) SAVINGS PROVISIONS.— 18 (1) COMPLEMENTARY PROGRAMS.—Activities 19 carried out under this Act shall complement, not du- 20 plicate or replace, existing programs for Federal 21 conservation and restoration, including initiatives 22 for— 23 (A) at-risk wildlife and wildlife habitats; 24 (B) fire mitigation and forest restoration; 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 6 •S 5015 IS (C) the improvement of water quality; or 1 (D) environmental remediation. 2 (2) APPLICABLE LAW.—Amounts made avail- 3 able under this Act may be used for eligible projects 4 on Federal, State, Tribal, and private land, in ac- 5 cordance with applicable law and available authori- 6 ties. 7 (d) SUPPLEMENT, NOT SUPPLANT.—Amounts pro- 8 vided under this Act shall supplement, not supplant, any 9 Federal, State, or other funds otherwise made available 10 to an eligible entity for activities described in this Act. 11 SEC. 4. RESTORATION FUND ADVISORY COUNCIL. 12 (a) ESTABLISHMENT.—There is established a Res- 13 toration Fund Advisory Council— 14 (1) to disburse amounts from the Fund for the 15 restoration and resilience project grant program es- 16 tablished by section 5; and 17 (2) to gather public input and provide rec- 18 ommendations to the Secretary of the Interior, the 19 Secretary of Agriculture, and the Administrator of 20 the Environmental Protection Agency for the use of 21 the Fund for the restoration and resilience partner- 22 ship established by section 6. 23 (b) MEMBERSHIP.—The Council shall be composed 24 of— 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 7 •S 5015 IS (1) the Secretary of the Interior; 1 (2) the Secretary of Agriculture; 2 (3) the Administrator of the Environmental 3 Protection Agency; and 4 (4) 15 members, to be appointed by the Sec- 5 retary of the Interior, the Secretary of Agriculture, 6 and the Administrator of the Environmental Protec- 7 tion Agency, of whom— 8 (A) 5 shall be representatives from re- 9 source-dependent industries, including the agri- 10 culture, oil and gas, outdoor recreation, and 11 forest product industries; 12 (B) 5 shall be national experts in the fields 13 of natural resource restoration, economic devel- 14 opment, and community and climate resilience; 15 and 16 (C) 5 shall be representatives of eligible 17 entities. 18 (c) REPORT.—Not later than 1 year after the date 19 of enactment of this Act, and annually thereafter, the 20 Council shall submit to Congress a report describing— 21 (1) the status of funded eligible projects, in- 22 cluding— 23 (A) scientifically defensible estimates of en- 24 vironmental benefits; 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 8 •S 5015 IS (B) restoration achievements; 1 (C) attainment of restoration and habitat 2 improvement objectives; 3 (D) adaptive measures undertaken; 4 (E) jobs created and retained through— 5 (i) grants made from the Fund; and 6 (ii) activities carried out under the 7 restoration and resilience partnership es- 8 tablished by section 6; 9 (F) the growth in outdoor industries; and 10 (G) progress towards State and community 11 level resilience goals; 12 (2) Federal programs and existing authorities, 13 including funding, financing, technical assistance, 14 and coordination efforts, that contribute to, support, 15 or otherwise complement funded eligible projects; 16 and 17 (3) recommendations to improve delivery, align 18 Federal resources, and expand the workforce in out- 19 door industries through legislative and administra- 20 tive changes. 21 (d) REVIEW.—Not later than 180 days after the date 22 of enactment of this Act, and annually thereafter, the In- 23 spector Generals of the Department of the Interior, the 24 Department of Agriculture, and the Environmental Pro- 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 9 •S 5015 IS tection Agency shall review, and submit to the Committees 1 on Agriculture, Nutrition, and Forestry, Environment and 2 Public Works, Energy and Natural Resources, and Appro- 3 priations of the Senate and the Committees on Agri- 4 culture, Science, Space, and Technology, Energy and 5 Commerce, Natural Resources, and Appropriations of the 6 House of Representatives a report describing— 7 (1) the use of the Fund by the Council for the 8 restoration and resilience project grant program es- 9 tablished by section 5; 10 (2) the use of the Fund by the Secretary of the 11 Interior, the Secretary of Agriculture, and the Ad- 12 ministrator of the Environmental Protection Agency 13 for the restoration and resilience partnership estab- 14 lished by section 6; and 15 (3) any abuse or misuse of the Fund. 16 SEC. 5. RESTORATION AND RESILIENCE PROJECT GRANT 17 PROGRAM. 18 (a) ESTABLISHMENT.—There is established a res- 19 toration and resilience project grant program (referred to 20 in this section as the ‘‘grant program’’), to be adminis- 21 tered by the Council in conjunction with a regional entity 22 under subsection (b), to provide grants from the Fund to 23 eligible entities for eligible projects. 24 (b) REGIONAL ENTITIES.— 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 10 •S 5015 IS (1) IN GENERAL.—The Council shall coordinate 1 with not less than 1 existing regional entity, or a re- 2 gional entity established by the Council, in a specific 3 geographic region to assist with the grant program 4 under this section. 5 (2) MEMBERSHIP.—A regional entity shall in- 6 clude representatives, who have a strong under- 7 standing of the economic and environmental chal- 8 lenges in the geographic region, from— 9 (A) Federal and State agencies; 10 (B) Tribal governments; 11 (C) resource-dependent industries; 12 (D) economic development organizations; 13 and 14 (E) conservation organizations. 15 (3) ROLE OF REGIONAL ENTITIES.—A regional 16 entity shall— 17 (A) act as an advisor and intermediary be- 18 tween the Council and an eligible entity; 19 (B) assist with the development of com- 20 petitive funding applications made to the Coun- 21 cil; 22 (C) provide advice, resources, and best 23 practice recommendations to any eligible entity 24 that is interested in applying for a grant; 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 11 •S 5015 IS (D) review an application made by an eligi- 1 ble entity under this section; 2 (E) recommend eligible projects to the 3 Council for priority funding; and 4 (F) assist with data collection to develop 5 the report to Congress made by the Council 6 under section 4(c). 7 (c) USE OF FUNDS.— 8 (1) IN GENERAL.—Subject to appropriations, 9 the Council shall use amounts in the Fund to pro- 10 vide capacity grants under paragraph (2) and imple- 11 mentation grants under paragraph (3). 12 (2) CAPACITY GRANTS.— 13 (A) IN GENERAL.—Grants shall be made 14 available to an eligible entity for the planning 15 and monitoring of eligible projects. 16 (B) APPLICATION.— 17 (i) IN GENERAL.—A grant under this 18 paragraph may only be made to an eligible 19 entity that submits to the Council an ap- 20 plication at such time, in such manner, 21 and containing or accompanied by such in- 22 formation as the Council, in consultation 23 with a regional entity, may require. 24 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 12 •S 5015 IS (ii) CONTENTS.—An application 1 shall— 2 (I) contain— 3 (aa) a clear and concise ex- 4 pression of interest; 5 (bb) an explanation for how 6 the funds would advance State 7 actions plans or regional con- 8 servation projects; 9 (cc) an explanation for how 10 funds would complement existing 11 Federal funds; and 12 (dd) an estimate of the 13 number and duration of jobs that 14 would be created, or sustained, 15 with the funds; and 16 (II) be consistent with applica- 17 tions for other Federal funding oppor- 18 tunities for eligible entities. 19 (C) PRIORITY.—The Council, in consulta- 20 tion with a regional entity, in approving appli- 21 cations under this paragraph, shall give priority 22 to eligible entities— 23 (i) with demonstrated restoration 24 needs; 25 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 13 •S 5015 IS (ii) whose funded projects would cre- 1 ate or sustain jobs; 2 (iii) whose funded projects would have 3 the greatest community benefit; and 4 (iv) in a location with a significant 5 Federal interest. 6 (3) IMPLEMENTATION GRANTS.— 7 (A) IN GENERAL.—Grants shall be made 8 available to an eligible entity for the implemen- 9 tation of eligible projects. 10 (B) APPLICATION.— 11 (i) IN GENERAL.—A grant under this 12 paragraph may be made only to an eligible 13 entity that submits to the Council an ap- 14 plication at such time, in such manner, 15 and containing or accompanied by such in- 16 formation as the Council, in consultation 17 with a regional entity, may require. 18 (ii) CONTENTS.—An application shall 19 be consistent with applications for other 20 Federal funding opportunities for eligible 21 entities. 22 (C) PRIORITY.—The Council, in consulta- 23 tion with a regional entity, in approving appli- 24 VerDate Sep 11 2014 02:21 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5015.IS S5015 rfrederick on DSKBCBPHB2PROD with BILLS 14 •S 5015 IS cations under this paragraph, shall give priority 1 to eligible projects that— 2 (i) employ local or regional labor, or 3 expand the outdoor workforce through 4 training and education programs; 5 (ii) are developed through a collabo- 6 rat [Text truncated for display. 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