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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Repairing Existing 

5 Public Land by Adding Necessary Trees Act’’ or the ‘‘RE6 PLANT Act’’. 


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1 SEC. 2. REFORESTATION FOLLOWING WILDFIRES AND 

2 OTHER UNPLANNED EVENTS. 

3 (a) FOREST AND RANGELAND RENEWABLE RE4 SOURCES PLANNING ACT OF 1974.— 

5 (1) NATIONAL FOREST COVER POLICY.— 

6 (A) IN GENERAL.—Section 3 of the Forest 

7 and Rangeland Renewable Resources Planning 

8 Act of 1974 (16 U.S.C. 1601) is amended— 

9 (i) by redesignating subsection (e) as 

10 subsection (f); 

11 (ii) by redesignating the second sub12 section (d) (relating to the policy of Con13 gress regarding forested land in the Na14 tional Forest System) as subsection (e); 

15 and 

16 (iii) in subsection (e) (as so redesig17 nated)— 

18 (I) in paragraph (2)— 

19 (aa) in the first sentence— 

20 (AA) by striking ‘‘9 of 

21 this Act, the Secretary shall 

22 annually for eight years fol23 lowing the enactment of this 

24 subsection’’ and inserting 

25 ‘‘9, the Secretary shall, an26 nually during each of the 10 


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1 years beginning after the 

2 date of enactment of the 

3 REPLANT Act’’; and 

4 (BB) by striking 

5 ‘‘eight-year’’ and inserting 

6 ‘‘10-year’’; 

7 (bb) in the second sentence, 

8 by striking ‘‘such eight-year pe9 riod’’ and inserting ‘‘the 10-year 

10 period’’; and 

11 (cc) in the third sentence, by 

12 striking ‘‘1978’’ and inserting 

13 ‘‘2021’’; 

14 (II) in paragraph (3), in the first 

15 sentence, by striking ‘‘subsection (d)’’ 

16 and inserting ‘‘subsection’’; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(4) REFORESTATION REQUIREMENTS.— 

20 ‘‘(A) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) NATURAL REGENERATION.— 

22 ‘‘(I) IN GENERAL.—The term 

23 ‘natural regeneration’ means the es24 tablishment of a tree or tree age class 

25 from natural seeding, sprouting, or 


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1 suckering in accordance with the man2 agement objectives of an applicable 

3 land management plan. 

4 ‘‘(II) INCLUSION.—The term 

5 ‘natural regeneration’ may include 

6 any site preparation activity to en7 hance the success of regeneration to 

8 the desired species composition and 

9 structure. 

10 ‘‘(ii) PRIORITY LAND.—The term ‘pri11 ority land’ means National Forest System 

12 land that, due to an unplanned event— 

13 ‘‘(I) is unstocked; 

14 ‘‘(II) requires reforestation to 

15 meet the objectives of an applicable 

16 land management plan; and 

17 ‘‘(III) is unlikely to experience 

18 natural regeneration without assist19 ance. 

20 ‘‘(iii) REFORESTATION.—The term 

21 ‘reforestation’ means the act of renewing 

22 tree cover by establishing young trees 

23 through— 

24 ‘‘(I) natural regeneration; 


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1 ‘‘(II) natural regeneration with 

2 site preparation; or 

3 ‘‘(III) planting direct seeding, 

4 taking into consideration species com5 position and resilience. 

6 ‘‘(iv) UNPLANNED EVENT.— 

7 ‘‘(I) IN GENERAL.—The term 

8 ‘unplanned event’ means any un9 planned disturbance that— 

10 ‘‘(aa) disrupts ecosystem or 

11 forest structure or composition; 

12 or 

13 ‘‘(bb) changes resources, 

14 substrate availability, or the 

15 physical environment. 

16 ‘‘(II) INCLUSIONS.—The term 

17 ‘unplanned event’ may include— 

18 ‘‘(aa) a wildfire; 

19 ‘‘(bb) an infestation of in20 sects or disease; 

21 ‘‘(cc) a weather event; and 

22 ‘‘(dd) animal damage. 

23 ‘‘(v) UNSTOCKED.—The term 

24 ‘unstocked’, with respect to forest land, 

25 means that a percentage of forested land 


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1 area of the forest land fails to achieve com2 pliance with a stocking level required 

3 under an applicable land management 

4 plan. 

5 ‘‘(B) REQUIREMENT.—Each reforestation 

6 activity under this section shall be carried out 

7 in accordance with applicable Forest Service 

8 management practices and definitions, including 

9 those contained in— 

10 ‘‘(i) the amendment numbered 2400– 

11 2014–1 to chapter 2470 (relating to sil12 vicultural practices) of the Forest Service 

13 document numbered FSM 2400 (relating 

14 to forest management) (or a successor 

15 amendment or manual); and 

16 ‘‘(ii) section 219.19 of title 36, Code 

17 of Federal Regulations (or a successor reg18 ulation). 

19 ‘‘(C) REFORESTATION PRIORITY.— 

20 ‘‘(i) IN GENERAL.—In carrying out 

21 this subsection, the Secretary shall give 

22 priority to projects on the priority list de23 scribed in clause (ii). 

24 ‘‘(ii) PRIORITY LIST.— 


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1 ‘‘(I) IN GENERAL.—The Chief of 

2 the Forest Service shall, based on rec3 ommendations from regional foresters, 

4 create a priority list of reforestation 

5 projects that— 

6 ‘‘(aa) primarily take place 

7 on priority land; 

8 ‘‘(bb) promote effective re9 forestation following unplanned 

10 events; and 

11 ‘‘(cc) may include activities 

12 to ensure adequate and appro13 priate seed availability. 

14 ‘‘(II) RANKING.—The Chief of 

15 the Forest Service shall rank projects 

16 on the priority list under subclause (I) 

17 based on— 

18 ‘‘(aa) documentation of an 

19 effective reforestation project 

20 plan; 

21 ‘‘(bb) the ability to measure 

22 the progress and success of the 

23 project; and 

24 ‘‘(cc) the ability of a project 

25 to provide benefits relating to 


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1 forest function and health, soil 

2 health and productivity, wildlife 

3 habitat, improved air and water 

4 quality, carbon sequestration po5 tential, resilience, job creation, 

6 and enhanced recreational oppor7 tunities.’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 9 of the Cooperative Forestry Assistance Act of 

10 1978 (16 U.S.C. 2105) is amended, in the un11 designated matter following paragraph (5) of 

12 subsection (g)— 

13 (i) by striking ‘‘section 3(d)’’ and in14 serting ‘‘subsection (e) of section 3’’; and 

15 (ii) by striking ‘‘1601(d)’’ and insert16 ing ‘‘1601’’. 

17 (2) NATIONAL FOREST SYSTEM PROGRAM ELE18 MENTS.—Section 9 of the Forest and Rangeland Re19 newable Resources Planning Act of 1974 (16 U.S.C. 

20 1607) is amended, in the second sentence, by strik21 ing ‘‘2000’’ and inserting ‘‘2029’’. 

22 (b) REFORESTATION TRUST FUND.—Section 303 of 

23 Public Law 96–451 (16 U.S.C. 1606a) is amended— 

24 (1) in subsection (b)— 

25 (A) by striking paragraph (2); 


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1 (B) in paragraph (3)— 

2 (i) in the second sentence, by striking 

3 ‘‘Proper adjustment’’ and inserting the fol4 lowing: 

5 ‘‘(3) ADJUSTMENT OF ESTIMATES.—Proper ad6 justment’’; and 

7 (ii) by striking ‘‘(3) The amounts’’ 

8 and inserting the following: 

9 ‘‘(2) FREQUENCY.—The amounts’’; and 

10 (C) by striking the subsection designation 

11 and all that follows through ‘‘the Secretary’’ in 

12 paragraph (1) and inserting the following: 

13 ‘‘(b) TRANSFERS TO TRUST FUND.— 

14 ‘‘(1) IN GENERAL.—The Secretary’’; and 

15 (2) in subsection (d)(1)— 

16 (A) by striking ‘‘section 3(d)’’ and insert17 ing ‘‘subsection (e) of section 3’’; and 

18 (B) by striking ‘‘1601(d)’’ and inserting 

19 ‘‘1601’’. 

20 (c) STEWARDSHIP END RESULT CONTRACTING

21 PROJECTS.—Section 604(c) of the Healthy Forests Res22 toration Act of 2003 (16 U.S.C. 6591c(c)) is amended by 

23 adding at the end the following: 

24 ‘‘(8) With respect to projects under subsection 

25 (b) entered into only by the Chief, reforestation in 


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1 accordance with subsection (e)(4)(C)(ii) of section 3 

2 of the Forest and Rangeland Renewable Resources 

3 Planning Act of 1974 (16 U.S.C. 1601).’’. 

4 (d) GOOD NEIGHBOR AUTHORITY.—Section 8206 of 

5 the Agricultural Act of 2014 (16 U.S.C. 2113a) is amend6 ed— 

7 (1) in subsection (a)(4)(A)— 

8 (A) in clause (ii), by striking ‘‘and’’ at the 

9 end; 

10 (B) by redesignating clause (iii) as clause 

11 (iv); and 

12 (C) by inserting after clause (ii) the fol13 lowing: 

14 ‘‘(iii) with respect to National Forest 

15 System land only, reforestation activities; 

16 and’’; and 

17 (2) in subsection (b)(1), by adding at the end 

18 the following: 

19 ‘‘(C) REFORESTATION PRIORITY.—The 

20 Secretary shall enter into good neighbor agree21 ments under this section with respect to forest, 

22 rangeland, and watershed restoration services 

23 described in subsection (a)(4)(A)(iii) in accord24 ance with subsection (e)(4)(C)(ii) of section 3 

25 of the Forest and Rangeland Renewable ReVerDate Sep 11 2014 04:13 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4357.IS S4357

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1 sources Planning Act of 1974 (16 U.S.C. 

2 1601).’’. 

3 SEC. 3. REPORT. 

4 Not later than 1 year after the date of enactment 

5 of this Act, and annually thereafter, the Secretary of Agri6 culture shall submit to the Committee on Agriculture, Nu7 trition, and Forestry of the Senate and the Committee on 

8 Agriculture of the House of Representatives, and make 

9 publicly available on the website of the Forest Service, a 

10 report that describes, with respect to the preceding year— 

11 (1) an evaluation of the degree to which the 

12 Secretary has achieved compliance with the require13 ments contained in the amendments made by this 

14 Act, including, as a result of those amendments, the 

15 number of acres covered by reforestation projects 

16 that follow unplanned events (such as wildfires); 

17 (2) the authorities, expressed by the number of 

18 acres replanted, used to replant forests impacted by 

19 unplanned events, including through— 

20 (A) stewardship contracts under section 

21 604 of the Healthy Forests Restoration Act of 

22 2003 (16 U.S.C. 6591c); and 

23 (B) good neighbor agreements under sec24 tion 8206 of the Agricultural Act of 2014 (16 

25 U.S.C. 2113a); 


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1 (3) the number of acres of National Forest Sys2 tem land affected by, and the substance of reforest3 ation needs on that land resulting from, unplanned 

4 events; and 

5 (4) the number of acres in need of reforestation 

6 under subsection (e)(1) of section 3 of the Forest 

7 and Rangeland Renewable Resources Planning Act 

8 of 1974 (16 U.S.C. 1601). 

Æ 


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