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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4357 Introduced in Senate (IS)]

<DOC>

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 
                  Agriculture, 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 purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Repairing Existing Public Land by 
Adding Necessary Trees Act'' or the ``REPLANT Act''.

SEC. 2. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED EVENTS.

    (a) Forest and Rangeland Renewable Resources Planning Act of 
1974.--
            (1) National forest cover policy.--
                    (A) In general.--Section 3 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1601) is amended--
                            (i) by redesignating subsection (e) as 
                        subsection (f);
                            (ii) by redesignating the second subsection 
                        (d) (relating to the policy of Congress 
                        regarding forested land in the National Forest 
                        System) as subsection (e); and
                            (iii) in subsection (e) (as so 
                        redesignated)--
                                    (I) in paragraph (2)--
                                            (aa) in the first 
                                        sentence--

                                                    (AA) by striking 
                                                ``9 of this Act, the 
                                                Secretary shall 
                                                annually for eight 
                                                years following the 
                                                enactment of this 
                                                subsection'' and 
                                                inserting ``9, the 
                                                Secretary shall, 
                                                annually during each of 
                                                the 10 years beginning 
                                                after the date of 
                                                enactment of the 
                                                REPLANT Act''; and

                                                    (BB) by striking 
                                                ``eight-year'' and 
                                                inserting ``10-year'';

                                            (bb) in the second 
                                        sentence, by striking ``such 
                                        eight-year period'' and 
                                        inserting ``the 10-year 
                                        period''; and
                                            (cc) in the third sentence, 
                                        by striking ``1978'' and 
                                        inserting ``2021'';
                                    (II) in paragraph (3), in the first 
                                sentence, by striking ``subsection 
                                (d)'' and inserting ``subsection''; and
                                    (III) by adding at the end the 
                                following:
            ``(4) Reforestation requirements.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Natural regeneration.--
                                    ``(I) In general.--The term 
                                `natural regeneration' means the 
                                establishment of a tree or tree age 
                                class from natural seeding, sprouting, 
                                or suckering in accordance with the 
                                management objectives of an applicable 
                                land management plan.
                                    ``(II) Inclusion.--The term 
                                `natural regeneration' may include any 
                                site preparation activity to enhance 
                                the success of regeneration to the 
                                desired species composition and 
                                structure.
                            ``(ii) Priority land.--The term `priority 
                        land' means National Forest System land that, 
                        due to an unplanned event--
                                    ``(I) is unstocked;
                                    ``(II) requires reforestation to 
                                meet the objectives of an applicable 
                                land management plan; and
                                    ``(III) is unlikely to experience 
                                natural regeneration without 
                                assistance.
                            ``(iii) Reforestation.--The term 
                        `reforestation' means the act of renewing tree 
                        cover by establishing young trees through--
                                    ``(I) natural regeneration;
                                    ``(II) natural regeneration with 
                                site preparation; or
                                    ``(III) planting direct seeding, 
                                taking into consideration species 
                                composition and resilience.
                            ``(iv) Unplanned event.--
                                    ``(I) In general.--The term 
                                `unplanned event' means any unplanned 
                                disturbance that--
                                            ``(aa) disrupts ecosystem 
                                        or forest structure or 
                                        composition; or
                                            ``(bb) changes resources, 
                                        substrate availability, or the 
                                        physical environment.
                                    ``(II) Inclusions.--The term 
                                `unplanned event' may include--
                                            ``(aa) a wildfire;
                                            ``(bb) an infestation of 
                                        insects or disease;
                                            ``(cc) a weather event; and
                                            ``(dd) animal damage.
                            ``(v) Unstocked.--The term `unstocked', 
                        with respect to forest land, means that a 
                        percentage of forested land area of the forest 
                        land fails to achieve compliance with a 
                        stocking level required under an applicable 
                        land management plan.
                    ``(B) Requirement.--Each reforestation activity 
                under this section shall be carried out in accordance 
                with applicable Forest Service management practices and 
                definitions, including those contained in--
                            ``(i) the amendment numbered 2400-2014-1 to 
                        chapter 2470 (relating to silvicultural 
                        practices) of the Forest Service document 
                        numbered FSM 2400 (relating to forest 
                        management) (or a successor amendment or 
                        manual); and
                            ``(ii) section 219.19 of title 36, Code of 
                        Federal Regulations (or a successor 
                        regulation).
                    ``(C) Reforestation priority.--
                            ``(i) In general.--In carrying out this 
                        subsection, the Secretary shall give priority 
                        to projects on the priority list described in 
                        clause (ii).
                            ``(ii) Priority list.--
                                    ``(I) In general.--The Chief of the 
                                Forest Service shall, based on 
                                recommendations from regional 
                                foresters, create a priority list of 
                                reforestation projects that--
                                            ``(aa) primarily take place 
                                        on priority land;
                                            ``(bb) promote effective 
                                        reforestation following 
                                        unplanned events; and
                                            ``(cc) may include 
                                        activities to ensure adequate 
                                        and appropriate seed 
                                        availability.
                                    ``(II) Ranking.--The Chief of the 
                                Forest Service shall rank projects on 
                                the priority list under subclause (I) 
                                based on--
                                            ``(aa) documentation of an 
                                        effective reforestation project 
                                        plan;
                                            ``(bb) the ability to 
                                        measure the progress and 
                                        success of the project; and
                                            ``(cc) the ability of a 
                                        project to provide benefits 
                                        relating to forest function and 
                                        health, soil health and 
                                        productivity, wildlife habitat, 
                                        improved air and water quality, 
                                        carbon sequestration potential, 
                                        resilience, job creation, and 
                                        enhanced recreational 
                                        opportunities.''.
                    (B) Conforming amendment.--Section 9 of the 
                Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
                2105) is amended, in the undesignated matter following 
                paragraph (5) of subsection (g)--
                            (i) by striking ``section 3(d)'' and 
                        inserting ``subsection (e) of section 3''; and
                            (ii) by striking ``1601(d)'' and inserting 
                        ``1601''.
            (2) National forest system program elements.--Section 9 of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1607) is amended, in the second sentence, by 
        striking ``2000'' and inserting ``2029''.
    (b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16 
U.S.C. 1606a) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (3)--
                            (i) in the second sentence, by striking 
                        ``Proper adjustment'' and inserting the 
                        following:
            ``(3) Adjustment of estimates.--Proper adjustment''; and
                            (ii) by striking ``(3) The amounts'' and 
                        inserting the following:
            ``(2) Frequency.--The amounts''; and
                    (C) by striking the subsection designation and all 
                that follows through ``the Secretary'' in paragraph (1) 
                and inserting the following:
    ``(b) Transfers to Trust Fund.--
            ``(1) In general.--The Secretary''; and
            (2) in subsection (d)(1)--
                    (A) by striking ``section 3(d)'' and inserting 
                ``subsection (e) of section 3''; and
                    (B) by striking ``1601(d)'' and inserting ``1601''.
    (c) Stewardship End Result Contracting Projects.--Section 604(c) of 
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is 
amended by adding at the end the following:
            ``(8) With respect to projects under subsection (b) entered 
        into only by the Chief, reforestation in accordance with 
        subsection (e)(4)(C)(ii) of section 3 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1601).''.
    (d) Good Neighbor Authority.--Section 8206 of the Agricultural Act 
of 2014 (16 U.S.C. 2113a) is amended--
            (1) in subsection (a)(4)(A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) with respect to National Forest 
                        System land only, reforestation activities; 
                        and''; and
            (2) in subsection (b)(1), by adding at the end the 
        following:
                    ``(C) Reforestation priority.--The Secretary shall 
                enter into good neighbor agreements under this section 
                with respect to forest, rangeland, and watershed 
                restoration services described in subsection 
                (a)(4)(A)(iii) in accordance with subsection 
                (e)(4)(C)(ii) of section 3 of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1601).''.

SEC. 3. REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary of Agriculture shall submit to the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on Agriculture of the House of Representatives, and make 
publicly available on the website of the Forest Service, a report that 
describes, with respect to the preceding year--
            (1) an evaluation of the degree to which the Secretary has 
        achieved compliance with the requirements contained in the 
        amendments made by this Act, including, as a result of those 
        amendments, the number of acres covered by reforestation 
        projects that follow unplanned events (such as wildfires);
            (2) the authorities, expressed by the number of acres 
        replanted, used to replant forests impacted by unplanned 
        events, including through--
                    (A) stewardship contracts under section 604 of the 
                Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6591c); and
                    (B) good neighbor agreements under section 8206 of 
                the Agricultural Act of 2014 (16 U.S.C. 2113a);
            (3) the number of acres of National Forest System land 
        affected by, and the substance of reforestation needs on that 
        land resulting from, unplanned events; and
            (4) the number of acres in need of reforestation under 
        subsection (e)(1) of section 3 of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
                                 <all>
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