II 

118TH CONGRESS 

1ST SESSION S. 540 

To establish an Outdoor Restoration Fund for restoration and resilience 

projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2023 

Mr. BENNET (for himself, Mr. HICKENLOOPER, and Mr. WYDEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Agriculture, Nutrition, and Forestry 

A BILL 

To establish an Outdoor Restoration Fund for restoration 

and resilience projects, 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 ‘‘Protect the West Act 

5 of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COUNCIL.—The term ‘‘Council’’ means the 

9 Restoration Fund Advisory Council established by 

10 section 4(a). 


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1 (2) COVERED AUTHORITY.—The term ‘‘covered 

2 authority’’ means— 

3 (A) the good neighbor authority estab4 lished by section 8206 of the Agricultural Act 

5 of 2014 (16 U.S.C. 2113a); 

6 (B) the Water Source Protection Program 

7 under section 303 of the Healthy Forests Res8 toration Act of 2003 (16 U.S.C. 6542); 

9 (C) the Watershed Condition Framework 

10 established under section 304 of the Healthy 

11 Forests Restoration Act of 2003 (16 U.S.C. 

12 6543); 

13 (D) the stewardship end result contracting 

14 program under section 604 of the Healthy For15 ests Restoration Act of 2003 (16 U.S.C. 

16 6591c); 

17 (E) the Cooperative Forestry Assistance 

18 Act of 1978 (16 U.S.C. 2101 et seq.); 

19 (F) the Joint Chiefs’ Landscape Restora20 tion Partnership program; 

21 (G) the Watershed Protection and Flood 

22 Prevention Act (16 U.S.C. 1001 et seq.); 

23 (H) the emergency watershed protection 

24 program established under section 403 of the 


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1 Agricultural Credit Act of 1978 (16 U.S.C. 

2 2203); 

3 (I) the Collaborative Forest Landscape 

4 Restoration Program established under section 

5 4003 of Public Law 111–11 (16 U.S.C. 7303); 

6 (J) the legacy roads and trails program of 

7 the Department of Agriculture; 

8 (K) the working lands for wildlife program 

9 of the Department of Agriculture; and 

10 (L) a conservation program under title XII 

11 of the Food Security Act of 1985 (16 U.S.C. 

12 3801 et seq.), including the Regional Conserva13 tion Partnership program under subtitle I of 

14 that title (16 U.S.C. 3871 et seq.). 

15 (3) ECOLOGICAL INTEGRITY.—The term ‘‘eco16 logical integrity’’ has the meaning given the term in 

17 section 219.19 of title 36, Code of Federal Regula18 tions (as in effect on the date of enactment of this 

19 Act). 

20 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means— 

22 (A) a State agency; 

23 (B) a unit of local government; 

24 (C) a Tribal government; 


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1 (D) a regional government or quasi-govern2 mental organization; 

3 (E) a special district; or 

4 (F) a nonprofit organization. 

5 (5) FUND.—The term ‘‘Fund’’ means the Out6 door and Watershed Restoration Fund established 

7 by section 3(a). 

8 (6) GRANT PROGRAM.—The term ‘‘grant pro9 gram’’ means the restoration and resilience grant 

10 program established by section 5(b). 

11 (7) RESTORATION.—The term ‘‘restoration’’ 

12 has the meaning given the term in section 219.19 of 

13 title 36, Code of Federal Regulations (as in effect on 

14 the date of enactment of this Act). 

15 (8) RESTORATION AND RESILIENCE

16 PROJECT.—The term ‘‘restoration and resilience 

17 project’’ means a project carried out on Federal 

18 land, non-Federal land, or both, that is designed in 

19 accordance with the best available science to conduct 

20 restoration that measurably improves— 

21 (A) forest conditions; 

22 (B) rangeland and native grassland health; 

23 (C) watershed function; or 

24 (D) wildlife habitat. 


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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture. 

3 (10) WILDLAND-URBAN INTERFACE.—The term 

4 ‘‘wildland-urban interface’’ has the meaning given 

5 the term in section 101 of the Healthy Forests Res6 toration Act of 2003 (16 U.S.C. 6511). 

7 SEC. 3. OUTDOOR AND WATERSHED RESTORATION FUND. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Treasury an Outdoor and Watershed Restoration Fund. 

10 (b) PURPOSE.—The purpose of the Fund is to pro11 vide funding for the grant program and the Restoration 

12 and Resilience Partnership Program under section 6. 

13 (c) USE.—Amounts in the Fund shall be used by the 

14 Secretary through a transparent process— 

15 (1) in coordination with the Council, to carry 

16 out the grant program; and 

17 (2) to carry out the Restoration and Resilience 

18 Partnership Program under section 6. 

19 (d) SAVINGS PROVISIONS.— 

20 (1) COMPLEMENTARY PROGRAMS.—Activities 

21 carried out under this Act shall complement, not du22 plicate or replace, existing Federal conservation, res23 toration, and resilience programs. 

24 (2) APPLICABLE LAW.—A restoration and resil25 ience project on Federal land or non-Federal land 


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1 developed or implemented using amounts provided 

2 under this Act shall be carried out in accordance 

3 with applicable law and available authorities. 

4 (e) SUPPLEMENT, NOT SUPPLANT.—Amounts pro5 vided under this Act shall supplement, not supplant, any 

6 Federal, State, or other funds otherwise made available 

7 to an eligible entity for activities described in this Act. 

8 (f) INTERAGENCY FLEXIBILITY AND LEVERAGE.—To 

9 facilitate interagency cooperation and enhance the speed 

10 and scale of results of activities carried out using amounts 

11 in the Fund— 

12 (1) matching funds or cost-sharing require13 ments of a covered authority may be satisfied 

14 through the contribution of funding from— 

15 (A) 1 or more other covered authorities; or 

16 (B) funds appropriated under section 8; 

17 and 

18 (2) the Secretary shall modify, expand, or 

19 streamline eligibility and verification criteria for cov20 ered authorities to maximize flexibility, speed, and 

21 use of Federal funds in the most effective manner 

22 to achieve outcomes of activities using amounts in 

23 the Fund. 

24 (g) PAY-FOR-PERFORMANCE CONTRACT AUTHOR25 ITY.—In using amounts in the Fund, the Secretary may 


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1 use a contract, grant agreement, or fixed amount award 

2 to purchase successfully implemented restoration and re3 silience project outcomes from qualifying projects, as de4 termined by the Secretary, at a negotiated per-unit price. 

5 (h) ACCEPTANCE AND USE OF CONTRIBUTIONS.— 

6 (1) IN GENERAL.—The Secretary of the Treas7 ury, or a designee, may establish in the Treasury an 

8 account to accept contributions of non-Federal funds 

9 for the Fund. 

10 (2) DEPOSIT AND USE OF CONTRIBUTIONS.— 

11 Contributions of non-Federal funds received for the 

12 Fund shall be— 

13 (A) deposited into the account established 

14 under paragraph (1); and 

15 (B) available to the Secretary, without fur16 ther appropriation and until expended, to carry 

17 out activities described in subsection (c). 

18 (i) OVERSIGHT.—Not later than 1 year after the date 

19 of enactment of this Act, and annually thereafter, the In20 spector General of the Department of Agriculture shall 

21 prepare and submit to the Committees on Agriculture, 

22 Nutrition, and Forestry and Appropriations of the Senate 

23 and the Committees on Agriculture, Natural Resources, 

24 and Appropriations of the House of Representatives a reVerDate Sep 11 2014 20:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S540.IS S540

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1 port describing the use, and any abuse or misuse, as appli2 cable, of the Fund by the Secretary with respect to— 

3 (1) the grant program; and 

4 (2) the Restoration and Resilience Partnership 

5 Program established by section 6. 

6 SEC. 4. RESTORATION FUND ADVISORY COUNCIL. 

7 (a) ESTABLISHMENT.—There is established a Res8 toration Fund Advisory Council to provide recommenda9 tions to the Secretary with respect to— 

10 (1) the disbursement of amounts from the 

11 Fund for the grant program; 

12 (2) priority-setting for landscapes; and 

13 (3) evaluation and monitoring for restoration 

14 and resilience project success. 

15 (b) MEMBERSHIP.—The Council shall be composed 

16 of— 

17 (1) the Secretary; 

18 (2) 12 members, to be appointed by the Sec19 retary, of whom— 

20 (A) 3 shall be representatives from re21 source-dependent industries, including the agri22 culture, oil and gas, outdoor recreation, or for23 est products industries; 

24 (B) 3 shall be national experts from each 

25 of the fields of natural resource restoration, 


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1 economic development, and community and cli2 mate resilience; 

3 (C) 3 shall be representatives of conserva4 tion, wildlife, or watershed organizations; 

5 (D) 1 shall be a representative of State 

6 government; 

7 (E) 1 shall be a representative of a unit of 

8 local government; and 

9 (F) 1 shall be a representative of a Tribal 

10 government; and 

11 (3) as determined to be necessary by the Sec12 retary, not more than 3 representatives from other 

13 Federal agencies. 

14 (c) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, and annually thereafter, the Sec16 retary, in consultation with the Council, shall submit to 

17 the Committee on Agriculture, Nutrition, and Forestry 

18 and the Committee on Appropriations of the Senate and 

19 the Committee on Agriculture, the Committee on Natural 

20 Resources, and the Committee on Appropriations of the 

21 House of Representatives a report describing— 

22 (1) the status of any restoration and resilience 

23 projects that received amounts from the Fund, in24 cluding— 

25 (A) environmental and climate benefits; 


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1 (B) restoration achievements; 

2 (C) attainment of restoration and habitat 

3 improvement objectives; 

4 (D) jobs created and retained; 

5 (E) the growth in outdoor industries that 

6 provide capacity to carry out restoration and re7 silience projects; and 

8 (F) progress towards State-, Tribal-, and 

9 community-level resilience goals; and 

10 (2) recommendations to improve coordination, 

11 align Federal, State, or Tribal resources or existing 

12 authorities, and expand workforce capacity in out13 door industries that provide capacity to carry out 

14 restoration and resilience projects through legislative 

15 and administrative changes. 

16 SEC. 5. RESTORATION AND RESILIENCE GRANT PROGRAM. 

17 (a) PURPOSES.—The purposes of this section are— 

18 (1) to increase the capacity for— 

19 (A) planning, coordinating, and monitoring 

20 restoration and resilience projects on non-Fed21 eral land; and 

22 (B) providing support for collaboration and 

23 monitoring on Federal land; and 

24 (2) to support, on non-Federal land— 

25 (A) restoration and resilience projects; 


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1 (B) efforts to improve wildfire resistive 

2 construction and reduce risks within the home 

3 ignition zone; and 

4 (C) projects to expand equitable outdoor 

5 access. 

6 (b) ESTABLISHMENT.—There is established a res7 toration and resilience grant program, to be administered 

8 by the Secretary, with the guidance of the Council, to pro9 vide grants or pay-for-performance contracts from the 

10 Fund to eligible entities for the purposes described in sub11 section (a). 

12 (c) REGIONAL COORDINATION.—The Secretary and 

13 the Council shall, to the maximum extent practicable— 

14 (1) seek input from and coordinate with State 

15 or regional efforts, initiatives, and partnerships to 

16 restore ecological integrity on Federal land and non17 Federal land; and 

18 (2) complement or support existing State or re19 gional efforts, initiatives, and partnerships to restore 

20 ecological integrity on Federal land and non-Federal 

21 land. 

22 (d) USE OF FUNDS.— 

23 (1) IN GENERAL.—The Secretary shall use 

24 amounts in the Fund to provide capacity grants or 

25 pay-for-performance contracts under paragraph (2) 


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1 and implementation grants or pay-for-performance 

2 contracts under paragraph (3). 

3 (2) CAPACITY GRANTS.— 

4 (A) IN GENERAL.—Capacity grants or pay5 for-performance contracts shall be made avail6 able to eligible entities for the purpose de7 scribed in subsection (a)(1). 

8 (B) APPLICATION.— 

9 (i) IN GENERAL.—A grant or pay-for10 performance contract under this paragraph 

11 may only be made to an eligible entity that 

12 submits to the Secretary an application at 

13 such time, in such manner, and containing 

14 or accompanied by such additional infor15 mation as the Secretary, in consultation 

16 with the Council, may require, including 

17 the information required under clause (ii). 

18 (ii) CONTENTS.—An application sub19 mitted under clause (i) shall contain— 

20 (I) a clear and concise expression 

21 of interest; 

22 (II) an explanation for how funds 

23 would complement existing Federal 

24 funds; 


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1 (III) a description of how the 

2 proposed planning, coordinating, or 

3 monitoring of restoration and resil4 ience projects would be carried out in 

5 accordance with the best available eco6 logical restoration science; and 

7 (IV) an estimate of the number 

8 and duration of jobs that provide ca9 pacity to carry out restoration and re10 silience projects that would be cre11 ated, or sustained, with the funds. 

12 (C) CONDITION.—To the maximum extent 

13 practicable, the Secretary shall provide grant14 writing training and mentoring opportunities 

15 for lower-capacity, less collaborative experience, 

16 or underserved communities and organizations 

17 to help lower the barriers to participation in, 

18 and create more inclusion in and opportunities 

19 under, the grant program. 

20 (3) IMPLEMENTATION GRANTS.— 

21 (A) IN GENERAL.—Implementation grants 

22 or pay-for-performance contracts shall be made 

23 available to eligible entities for the purpose de24 scribed in subsection (a)(2). 


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1 (B) APPLICATION.—A grant or pay-for2 performance contract under this paragraph may 

3 be made only to an eligible entity that submits 

4 to the Secretary an application at such time, in 

5 such manner, and containing or accompanied 

6 by such information as the Secretary, in con7 sultation with the Council, may require. 

8 (C) WAIVER.—The Secretary may waive 

9 matching requirements under covered authori10 ties for applicants for grants or pay-for-per11 formance contracts under this paragraph rep12 resenting lower-capacity, less collaborative expe13 rience, or underserved communities and organi14 zations and rural communities. 

15 (e) PRIORITY.—In carrying out the grant program, 

16 the Secretary, in consultation with the Council, shall give 

17 priority to projects that would— 

18 (1) create or sustain jobs, employ local or re19 gional labor, or expand the outdoor workforce to 

20 provide capacity to carry out restoration and resil21 ience projects or equitable outdoor access through 

22 training and education programs; 

23 (2) be developed through a collaborative proc24 ess, relying on the best available social ecological 


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1 restoration science, with multiple stakeholders rep2 resenting diverse interests; 

3 (3) address shared priorities for Federal and 

4 non-Federal partners; 

5 (4) advance State, local, and Tribal plans relat6 ing to forests, water, wildlife, or equitable outdoor 

7 access; 

8 (5) utilize watershed data analytics to quantify, 

9 prioritize, and measure expected outcomes from pro10 posed restoration activities; 

11 (6) be carried out by or in lower-capacity, less 

12 collaborative experience, or underserved communities 

13 and organizations; or 

14 (7) improve long-term economic security in the 

15 geographic region through restoration and resilience 

16 projects, equitable outdoor access, and the indirect 

17 benefits of those projects and access, particularly in 

18 geographic regions transitioning from fossil-fuel ex19 traction. 

20 (f) AUTHORITIES.—Eligible entities may use existing 

21 authorities when carrying out a restoration and resilience 

22 project, including a covered authority. 

23 SEC. 6. RESTORATION AND RESILIENCE PARTNERSHIP 

24 PROGRAM. 

25 (a) PURPOSES.—The purposes of this section are— 


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1 (1) to restore and improve the ecological integ2 rity of forest, grassland, and rangeland ecosystems 

3 across the United States in partnership with State, 

4 local, and Tribal governments; 

5 (2) to create or sustain outdoor jobs by reduc6 ing the backlog of restoration and resilience projects 

7 on Federal land and non-Federal land; 

8 (3) to improve the resilience and carrying ca9 pacity of rangelands in the United States by pre10 venting or mitigating invasive species, such as cheat11 grass, that contribute to rangeland fire; and 

12 (4) to reduce uncharacteristic wildfires in the 

13 highest risk areas of the United States by carrying 

14 out, in accordance with applicable law, restoration 

15 and resilience projects. 

16 (b) ESTABLISHMENT.—There is established a Res17 toration and Resilience Partnership Program, under which 

18 the Secretary shall carry out restoration and resilience 

19 projects in partnership areas designated under subsection 

20 (c)(1). 

21 (c) DESIGNATION OF PARTNERSHIP AREAS.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of enactment of this Act, the Secretary 

24 shall designate, for the purposes of carrying out res25 toration and resilience projects under subsection (e), 


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1 any areas of Federal land and non-Federal land that 

2 the Secretary determines to be appropriate. 

3 (2) SUBMISSION OF PARTNERSHIP AREAS BY

4 STATES AND TRIBES.— 

5 (A) IN GENERAL.—The Governor of a 

6 State or an authorized representative of an In7 dian Tribe may submit to the Secretary, in 

8 writing, a request to designate certain Federal 

9 land or non-Federal land in the State or Indian 

10 Country, respectively, for restoration and resil11 ience projects under subsection (e). 

12 (B) INCLUSIONS.—A written request sub13 mitted under subparagraph (A) may include 1 

14 or more maps or recommendations. 

15 (d) REQUIREMENTS.—To be eligible for designation 

16 under subsection (c), an area shall— 

17 (1) have a high or very high wildfire potential 

18 as determined by— 

19 (A) the map of the Forest Service entitled 

20 ‘‘Wildfire Hazard Potential Version 2020’’; 

21 (B) any other mapping resource or data 

22 source approved by the Secretary that depicts 

23 the risk of wildfires; or 

24 (C) fire-risk assessment resources or map25 ping tools maintained by the applicable State; 


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1 (2) have high-priority wildlife habitat urgently 

2 in need of restoration, as determined by the Sec3 retary, in consultation with eligible entities and the 

4 applicable Governor or representative of an Indian 

5 Tribe; or 

6 (3) in the case of Federal land, be in the 

7 wildland-urban interface. 

8 (e) RESTORATION AND RESILIENCE PROJECTS.— 

9 (1) IN GENERAL.—Subject to paragraphs (2) 

10 and (3), the Secretary shall carry out restoration 

11 and resilience projects on land designated under sub12 section (c). 

13 (2) PRIORITY.—The Secretary shall give pri14 ority to restoration and resilience projects that 

15 would— 

16 (A) focus on the reintroduction of char17 acteristic, low-intensity fire in frequent fire re18 gime ecosystems; 

19 (B) reduce hazardous fuels by focusing on 

20 small-diameter trees, thinning, and strategic 

21 fuel breaks; 

22 (C) maximize the retention of old and 

23 large trees, as appropriate for the forest type; 

24 (D) measurably improve habitat conditions 

25 for at-risk wildlife; 


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1 (E) measurably improve water quality or 

2 water quantity outcomes in waterways that flow 

3 through and out of priority areas; 

4 (F) establish plans for measuring project 

5 success and environmental outcomes; 

6 (G) promote community and homeowner 

7 involvement in planning and implementing ac8 tions to mitigate the risk posed by wildfire in 

9 the wildland-urban interface; 

10 (H) emphasize proactive wildfire risk miti11 gation actions in the wildland-urban interface; 

12 and 

13 (I) increase fire adaption in communities 

14 located within the wildland-urban interface. 

15 (3) COORDINATION.—The Secretary shall carry 

16 out restoration and resilience projects under this 

17 subsection— 

18 (A) on Federal land, in coordination with 

19 the Secretary of the Interior, as applicable; and 

20 (B) on non-Federal land, in coordination 

21 with eligible entities and other relevant stake22 holders, as determined by the Secretary. 

23 (4) REQUIREMENTS.— 


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1 (A) IN GENERAL.—A restoration and resil2 ience project shall be carried out in accordance 

3 with— 

4 (i) in the case of a restoration and re5 silience project carried out on Federal 

6 land, the management objectives of an ap7 plicable land or resource management plan; 

8 and 

9 (ii) applicable law. 

10 (B) INCLUSIONS.—The Secretary may use 

11 existing authorities when carrying out a res12 toration and resilience project on land des13 ignated under subsection (c), including any cov14 ered authority. 

15 (C) EXCLUSIONS.—A restoration and resil16 ience project may not be carried out— 

17 (i) in a wilderness area or designated 

18 wilderness study area; 

19 (ii) to construct a permanent road or 

20 trail; 

21 (iii) on any Federal land on which, by 

22 an Act of Congress or Presidential procla23 mation, the removal of vegetation is re24 stricted or prohibited; 


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1 (iv) in an inventoried roadless area or 

2 comparable roadless area defined by a 

3 State-specific rule; or 

4 (v) to remove old growth stands (as 

5 defined in section 102(e)(1) of the Healthy 

6 Forests Restoration Act of 2003 (16 

7 U.S.C. 6512(e)(1))). 

8 SEC. 7. OVERSIGHT. 

9 Not later than 60 days after the date of enactment 

10 of this Act, the Secretary shall submit to Congress a re11 port that, with respect to funding made available by the 

12 Infrastructure Investment and Jobs Act (Public Law 117– 

13 58; 135 Stat. 429) or Public Law 117–169 (commonly 

14 known as the ‘‘Inflation Reduction Act of 2022’’) for pur15 poses of forestry— 

16 (1) explains the methodology for priority land17 scapes set by the Secretary; 

18 (2) describes the metrics the Secretary is using 

19 for measuring performance and outcomes; and 

20 (3) describes the allocation of funds to States, 

21 forests, and Indian Tribes. 

22 SEC. 8. FUNDING. 

23 (a) IN GENERAL.—There is appropriated, out of any 

24 money in the Treasury not otherwise appropriated, 


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1 $60,000,000,000 for the Fund, to remain available until 

2 expended, of which— 

3 (1) $20,000,000,000 shall be for the grant pro4 gram; and 

5 (2) $40,000,000,000 shall be for the Restora6 tion and Resilience Partnership Program under sec7 tion 6, of which not less than $20,000,000,000 shall 

8 be for the conduct of restoration and resilience 

9 projects on Federal land under that section. 

10 (b) WORKFORCE NEEDS AND EXPENSES.—Funds 

11 made available under subsection (a)(2) shall be available 

12 for staffing, salary, and other workforce needs and ex13 penses relating to the administration of the Restoration 

14 and Resilience Partnership Program under section 6. 

Æ 


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