What This Bill Does
This bill requires the U.S. Fish and Wildlife Service Director to make an agreement with the National Fish and Wildlife Foundation to create the Community Resilience and Restoration Fund. The fund will provide grants to help communities protect lands and adapt to natural threats like wildfire, drought, and extreme heat made worse by climate change.
Who It Affects
Federal agencies, state governments, local governments, Indian Tribes, nonprofit organizations, colleges and universities, and private landowners who apply for grants to restore and protect natural areas.
Key Provisions
• The Director must enter into an agreement with the National Fish and Wildlife Foundation within 180 days to establish the Community Resilience and Restoration Fund (Sec. 2(a))
• The Foundation will award competitive grants to eligible entities to carry out projects that improve community safety, protect wildlife, and restore lands damaged by wildfire, drought, and other climate-related threats (Sec. 2(c))
• At least 8 percent of annual fund money can be used for planning eligible projects, and no more than 4 percent can be used for administrative costs (Sec. 2(d))
• At least 10 percent of annual appropriated funds, or $10,000,000 (whichever is less), must go to support projects for Indian Tribes (Sec. 2(d)(3))
• The Foundation must submit annual reports showing how money was spent, which projects received grants, and what benefits were created, plus 5-year reports measuring long-term impacts (Sec. 2(e))
What Changes
A new fund is established that will distribute grants to help communities and landowners protect natural areas and build resilience against climate-related threats. The fund prioritizes historically underserved communities including Tribal communities, communities of color, and rural communities. Priority funding goes to Indian Tribes. The Foundation must avoid duplicating funding with existing coastal management programs.
Important Definitions
"Eligible entity" means federal agencies, states, territories, local governments, Indian Tribes, nonprofit organizations, or colleges and universities (Sec. 2(f)(1))
"Indian Tribe" means the governing body of any federally recognized Indian or Alaska Native Tribe on the official list (Sec. 2(f)(5))
"Restoration and resilience lands" means fish, wildlife, and plant habitats and natural areas including grasslands, forests, deserts, and wetlands (Sec. 2(f)(6))
"Public lands" means lands owned or controlled by the United States (Sec. 2(f)(7))
Effective Date
The Director must enter into the agreement within 180 days after the bill becomes law (Sec. 2(a)). The bill authorizes funding for fiscal years 2024 through 2029 (Sec. 2(e)(4)).
I
118TH CONGRESS
1ST SESSION
H. R. 565
To require the Director of the United States Fish and Wildlife Service
to enter into an agreement with the National Fish and Wildlife Founda-
tion to establish the Community Resilience and Restoration Fund.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 2023
Mr. NEGUSE
(for himself, Mr. GRIJALVA, Mr. HUFFMAN, and Ms.
STANSBURY) introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To require the Director of the United States Fish and Wild-
life Service to enter into an agreement with the National
Fish and Wildlife Foundation to establish the Commu-
nity Resilience and Restoration Fund.
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 ‘‘Land Restoration and
4
Resiliency Act of 2023’’.
5
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•HR 565 IH
SEC. 2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND
1
RESTORATION FUND.
2
(a) ESTABLISHMENT.—Not later than 180 days after
3
the date of enactment of this section, the Secretary shall
4
enter into a cooperative agreement with the Foundation
5
to establish the Community Resilience and Restoration
6
Fund at the Foundation to—
7
(1) improve community safety in the face of cli-
8
mactic extremes through conservation and protection
9
of restoration and resilience lands;
10
(2) to protect, conserve, and restore restoration
11
and resilience lands in order to help communities re-
12
spond and adapt to natural threats, including wild-
13
fire, drought, extreme heat, and other threats posed
14
or exacerbated by the impacts of global climate;
15
(3) to build the resilience of restoration and re-
16
silience lands to adapt to, recover from, and with-
17
stand natural threats, including wildfire, drought,
18
extreme heat, and other threats posed or exacer-
19
bated by the impacts of global climate change;
20
(4) to protect and enhance the biodiversity of
21
wildlife populations across restoration and resilience
22
lands;
23
(5) to support the health of restoration and re-
24
silience lands for the benefit of present and future
25
generations;
26
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•HR 565 IH
(6) to foster innovative, nature-based solutions
1
that help meet the goals of this section; and
2
(7) to enhance the Nation’s natural carbon se-
3
questration
capabilities
and
help
communities
4
strengthen natural carbon sequestration capacity
5
where applicable.
6
(b) MANAGEMENT OF THE FUND.—The Foundation
7
shall manage the Fund—
8
(1) pursuant to the National Fish and Wildlife
9
Foundation Establishment Act (16 U.S.C. 3701 et
10
seq.); and
11
(2) in such a manner that, to the greatest ex-
12
tent practicable and consistent with the purposes for
13
which the Fund is established—
14
(A) ensures that amounts made available
15
through the Fund are accessible to historically
16
underserved communities, including Tribal com-
17
munities, communities of color, and rural com-
18
munities; and
19
(B) avoids project selection and funding
20
overlap with those projects and activities that
21
could otherwise receive funding under—
22
(i) the National Oceans and Coastal
23
Security Fund, established under the Na-
24
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•HR 565 IH
tional Oceans and Coastal Security Act (16
1
U.S.C. 7501); or
2
(ii) other coastal management focused
3
programs.
4
(c) COMPETITIVE GRANTS.—
5
(1) IN GENERAL.—To the extent amounts are
6
available in the Fund, the Foundation shall award
7
grants to eligible entities through a competitive
8
grant process in accordance with procedures estab-
9
lished pursuant to the National Fish and Wildlife
10
Foundation Establishment Act (16 U.S.C. 3701 et
11
seq.) to carry out eligible projects and activities, in-
12
cluding planning eligible projects and activities.
13
(2) PROPOSALS.—The Foundation, in coordina-
14
tion with the Secretary, shall establish requirements
15
for proposals for competitive grants under this sec-
16
tion.
17
(d) USE OF AMOUNTS IN THE FUND.—
18
(1) PLANNING.—Not less than 8 percent of
19
amounts appropriated annually to the Fund may be
20
used to plan eligible projects and activities, including
21
capacity building.
22
(2) ADMINISTRATIVE COSTS.—Not more than 4
23
percent of amounts appropriated annually to the
24
Fund may be used by the Foundation for adminis-
25
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•HR 565 IH
trative expenses of the Fund or administration of
1
competitive grants offered under the Fund.
2
(3) PRIORITY.—Not less than 10 percent of the
3
funds appropriated in a fiscal year to the Fund or
4
$10,000,000 (whichever is the lesser amount) shall
5
be awarded in such fiscal year to support eligible
6
projects and activities for Indian Tribes.
7
(4) COORDINATION.—The Secretary and Foun-
8
dation shall ensure, to the greatest extent prac-
9
ticable and through meaningful consultation, that
10
input from Indian Tribes, including traditional eco-
11
logical knowledge, is incorporated in the planning
12
and execution of eligible projects and activities.
13
(e) REPORTS.—
14
(1) ANNUAL REPORTS.—Beginning at the end
15
the first full fiscal year after the date of enactment
16
of this section, and not later than 60 days after the
17
end of each fiscal year in which amounts are depos-
18
ited into the Fund, the Foundation shall submit to
19
the Secretary a report on the operation of the Fund
20
including—
21
(A) an accounting of expenditures made
22
under the Fund, including leverage and match
23
where applicable;
24
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•HR 565 IH
(B) an accounting of any grants made
1
under the Fund, including a list of recipients
2
and a brief description of each project and its
3
purposes and goals; and
4
(C) measures and metrics to track benefits
5
created by grants administered under the Fund,
6
including enhanced biodiversity, water quality,
7
natural carbon sequestration, and resilience.
8
(2) 5-YEAR REPORTS.—Not later than 90 days
9
after the end of the fifth full fiscal year after the
10
date of enactment of this section, and not later than
11
90 days after the end every fifth fiscal year there-
12
after, the Foundation shall submit to the Secretary
13
a report containing—
14
(A) a description of any socioeconomic,
15
biodiversity, community resilience, or climate
16
resilience or mitigation (including natural car-
17
bon
sequestration),
impacts
generated
by
18
projects funded by grants awarded by the
19
Fund, including measures and metrics illus-
20
trating these impacts;
21
(B) a description of land health benefits
22
derived from projects funded by grants awarded
23
by the Fund, including an accounting of—
24
(i) lands treated for invasive species;
25
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•HR 565 IH
(ii) lands treated for wildfire threat
1
reduction, including those treated with
2
controlled burning or other natural fire-
3
management techniques; and
4
(iii) lands restored either from wildfire
5
or other forms or degradation, including
6
over-grazing and sedimentation;
7
(C) key findings for Congress, including
8
any recommended changes to the authorization
9
or purposes of the Fund;
10
(D) best practices for other Federal agen-
11
cies in the administration of funds intended for
12
land and habitat restoration;
13
(E) information on the use and outcome of
14
funds specifically set aside for planning and ca-
15
pacity building pursuant to section 6; and
16
(F) any other information that the Foun-
17
dation considers relevant.
18
(3) SUBMISSION OF REPORTS TO CONGRESS.—
19
Not later than 10 days after receiving a report
20
under this section, the Secretary shall submit the re-
21
port to the Committee on Natural Resources of the
22
House of Representatives and the Committee on En-
23
vironment and Public Works of the Senate.
24
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•HR 565 IH
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
1
There is hereby authorized to be appropriated to the
2
Fund $100,000,000 for each of fiscal years 2024
3
through 2029 to carry out this section.
4
(f) DEFINITIONS.—For purposes of this section:
5
(1) The term ‘‘eligible entity’’ means a Federal
6
agency, State, the District of Columbia, a territory
7
of the United States, a unit of local government, an
8
Indian Tribe, a nonprofit organization, or an accred-
9
ited institution of higher education.
10
(2) The term ‘‘eligible projects and activities’’
11
means projects and activities carried out by an eligi-
12
ble entity on public lands, tribal lands, or private
13
land, or any combination thereof, to further the pur-
14
poses for which the Fund is established, including
15
planning and capacity building and projects and ac-
16
tivities carried out in coordination with Federal,
17
State, or tribal departments or agencies, or any de-
18
partment or agency of a subdivision of a State.
19
(3) The term ‘‘Foundation’’ means the National
20
Fish and Wildlife Foundation established under the
21
National Fish and Wildlife Foundation Establish-
22
ment Act (16 U.S.C. 3701 et seq.).
23
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•HR 565 IH
(4) The term ‘‘Fund’’ means the Community
1
Resilience and Restoration Fund established under
2
subsection (a).
3
(5) The term ‘‘Indian Tribe’’ means the gov-
4
erning body of any individually identified and feder-
5
ally recognized Indian or Alaska Native Tribe, band,
6
nation, pueblo, village, community, affiliated Tribal
7
group, or component reservation in the list published
8
pursuant to section 104(a) of the Federally Recog-
9
nized Indian Tribe List Act of 1994 (25 U.S.C.
10
5131(a)).
11
(6) The term ‘‘restoration and resilience lands’’
12
means fish, wildlife, and plant habitats, and other
13
important natural areas in the United States, on
14
public lands, private land (after obtaining proper
15
consent from the landowner), or land of Indian
16
Tribes, including grasslands, shrublands, prairies,
17
chapparal lands, forest lands, deserts, and riparian
18
or wetland areas within or adjacent to these eco-
19
systems.
20
(7) The term ‘‘public lands’’ means lands
21
owned or controlled by the United States.
22
(8) The term ‘‘Secretary’’ means the Secretary
23
of the Interior, acting through the Director of the
24
United States Fish and Wildlife Service.
25
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•HR 565 IH
(9) The term ‘‘State’’ means a State of the
1
United States, the District of Columbia, any Indian
2
Tribe, and any commonwealth, territory, or posses-
3
sion of the United States.
4
Æ
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