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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 540 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Protect the West Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Restoration 
        Fund Advisory Council established by section 4(a).
            (2) Covered authority.--The term ``covered authority'' 
        means--
                    (A) the good neighbor authority established by 
                section 8206 of the Agricultural Act of 2014 (16 U.S.C. 
                2113a);
                    (B) the Water Source Protection Program under 
                section 303 of the Healthy Forests Restoration Act of 
                2003 (16 U.S.C. 6542);
                    (C) the Watershed Condition Framework established 
                under section 304 of the Healthy Forests Restoration 
                Act of 2003 (16 U.S.C. 6543);
                    (D) the stewardship end result contracting program 
                under section 604 of the Healthy Forests Restoration 
                Act of 2003 (16 U.S.C. 6591c);
                    (E) the Cooperative Forestry Assistance Act of 1978 
                (16 U.S.C. 2101 et seq.);
                    (F) the Joint Chiefs' Landscape Restoration 
                Partnership program;
                    (G) the Watershed Protection and Flood Prevention 
                Act (16 U.S.C. 1001 et seq.);
                    (H) the emergency watershed protection program 
                established under section 403 of the Agricultural 
                Credit Act of 1978 (16 U.S.C. 2203);
                    (I) the Collaborative Forest Landscape Restoration 
                Program established under section 4003 of Public Law 
                111-11 (16 U.S.C. 7303);
                    (J) the legacy roads and trails program of the 
                Department of Agriculture;
                    (K) the working lands for wildlife program of the 
                Department of Agriculture; and
                    (L) a conservation program under title XII of the 
                Food Security Act of 1985 (16 U.S.C. 3801 et seq.), 
                including the Regional Conservation Partnership program 
                under subtitle I of that title (16 U.S.C. 3871 et 
                seq.).
            (3) Ecological integrity.--The term ``ecological 
        integrity'' has the meaning given the term in section 219.19 of 
        title 36, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State agency;
                    (B) a unit of local government;
                    (C) a Tribal government;
                    (D) a regional government or quasi-governmental 
                organization;
                    (E) a special district; or
                    (F) a nonprofit organization.
            (5) Fund.--The term ``Fund'' means the Outdoor and 
        Watershed Restoration Fund established by section 3(a).
            (6) Grant program.--The term ``grant program'' means the 
        restoration and resilience grant program established by section 
        5(b).
            (7) Restoration.--The term ``restoration'' has the meaning 
        given the term in section 219.19 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (8) Restoration and resilience project.--The term 
        ``restoration and resilience project'' means a project carried 
        out on Federal land, non-Federal land, or both, that is 
        designed in accordance with the best available science to 
        conduct restoration that measurably improves--
                    (A) forest conditions;
                    (B) rangeland and native grassland health;
                    (C) watershed function; or
                    (D) wildlife habitat.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (10) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

SEC. 3. OUTDOOR AND WATERSHED RESTORATION FUND.

    (a) Establishment.--There is established in the Treasury an Outdoor 
and Watershed Restoration Fund.
    (b) Purpose.--The purpose of the Fund is to provide funding for the 
grant program and the Restoration and Resilience Partnership Program 
under section 6.
    (c) Use.--Amounts in the Fund shall be used by the Secretary 
through a transparent process--
            (1) in coordination with the Council, to carry out the 
        grant program; and
            (2) to carry out the Restoration and Resilience Partnership 
        Program under section 6.
    (d) Savings Provisions.--
            (1) Complementary programs.--Activities carried out under 
        this Act shall complement, not duplicate or replace, existing 
        Federal conservation, restoration, and resilience programs.
            (2) Applicable law.--A restoration and resilience project 
        on Federal land or non-Federal land developed or implemented 
        using amounts provided under this Act shall be carried out in 
        accordance with applicable law and available authorities.
    (e) Supplement, Not Supplant.--Amounts provided under this Act 
shall supplement, not supplant, any Federal, State, or other funds 
otherwise made available to an eligible entity for activities described 
in this Act.
    (f) Interagency Flexibility and Leverage.--To facilitate 
interagency cooperation and enhance the speed and scale of results of 
activities carried out using amounts in the Fund--
            (1) matching funds or cost-sharing requirements of a 
        covered authority may be satisfied through the contribution of 
        funding from--
                    (A) 1 or more other covered authorities; or
                    (B) funds appropriated under section 8; and
            (2) the Secretary shall modify, expand, or streamline 
        eligibility and verification criteria for covered authorities 
        to maximize flexibility, speed, and use of Federal funds in the 
        most effective manner to achieve outcomes of activities using 
        amounts in the Fund.
    (g) Pay-for-Performance Contract Authority.--In using amounts in 
the Fund, the Secretary may use a contract, grant agreement, or fixed 
amount award to purchase successfully implemented restoration and 
resilience project outcomes from qualifying projects, as determined by 
the Secretary, at a negotiated per-unit price.
    (h) Acceptance and Use of Contributions.--
            (1) In general.--The Secretary of the Treasury, or a 
        designee, may establish in the Treasury an account to accept 
        contributions of non-Federal funds for the Fund.
            (2) Deposit and use of contributions.--Contributions of 
        non-Federal funds received for the Fund shall be--
                    (A) deposited into the account established under 
                paragraph (1); and
                    (B) available to the Secretary, without further 
                appropriation and until expended, to carry out 
                activities described in subsection (c).
    (i) Oversight.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Inspector General of the 
Department of Agriculture shall prepare and submit to the Committees on 
Agriculture, Nutrition, and Forestry and Appropriations of the Senate 
and the Committees on Agriculture, Natural Resources, and 
Appropriations of the House of Representatives a report describing the 
use, and any abuse or misuse, as applicable, of the Fund by the 
Secretary with respect to--
            (1) the grant program; and
            (2) the Restoration and Resilience Partnership Program 
        established by section 6.

SEC. 4. RESTORATION FUND ADVISORY COUNCIL.

    (a) Establishment.--There is established a Restoration Fund 
Advisory Council to provide recommendations to the Secretary with 
respect to--
            (1) the disbursement of amounts from the Fund for the grant 
        program;
            (2) priority-setting for landscapes; and
            (3) evaluation and monitoring for restoration and 
        resilience project success.
    (b) Membership.--The Council shall be composed of--
            (1) the Secretary;
            (2) 12 members, to be appointed by the Secretary, of whom--
                    (A) 3 shall be representatives from resource-
                dependent industries, including the agriculture, oil 
                and gas, outdoor recreation, or forest products 
                industries;
                    (B) 3 shall be national experts from each of the 
                fields of natural resource restoration, economic 
                development, and community and climate resilience;
                    (C) 3 shall be representatives of conservation, 
                wildlife, or watershed organizations;
                    (D) 1 shall be a representative of State 
                government;
                    (E) 1 shall be a representative of a unit of local 
                government; and
                    (F) 1 shall be a representative of a Tribal 
                government; and
            (3) as determined to be necessary by the Secretary, not 
        more than 3 representatives from other Federal agencies.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Secretary, in consultation with 
the Council, shall submit to the Committee on Agriculture, Nutrition, 
and Forestry and the Committee on Appropriations of the Senate and the 
Committee on Agriculture, the Committee on Natural Resources, and the 
Committee on Appropriations of the House of Representatives a report 
describing--
            (1) the status of any restoration and resilience projects 
        that received amounts from the Fund, including--
                    (A) environmental and climate benefits;
                    (B) restoration achievements;
                    (C) attainment of restoration and habitat 
                improvement objectives;
                    (D) jobs created and retained;
                    (E) the growth in outdoor industries that provide 
                capacity to carry out restoration and resilience 
                projects; and
                    (F) progress towards State-, Tribal-, and 
                community-level resilience goals; and
            (2) recommendations to improve coordination, align Federal, 
        State, or Tribal resources or existing authorities, and expand 
        workforce capacity in outdoor industries that provide capacity 
        to carry out restoration and resilience projects through 
        legislative and administrative changes.

SEC. 5. RESTORATION AND RESILIENCE GRANT PROGRAM.

    (a) Purposes.--The purposes of this section are--
            (1) to increase the capacity for--
                    (A) planning, coordinating, and monitoring 
                restoration and resilience projects on non-Federal 
                land; and
                    (B) providing support for collaboration and 
                monitoring on Federal land; and
            (2) to support, on non-Federal land--
                    (A) restoration and resilience projects;
                    (B) efforts to improve wildfire resistive 
                construction and reduce risks within the home ignition 
                zone; and
                    (C) projects to expand equitable outdoor access.
    (b) Establishment.--There is established a restoration and 
resilience grant program, to be administered by the Secretary, with the 
guidance of the Council, to provide grants or pay-for-performance 
contracts from the Fund to eligible entities for the purposes described 
in subsection (a).
    (c) Regional Coordination.--The Secretary and the Council shall, to 
the maximum extent practicable--
            (1) seek input from and coordinate with State or regional 
        efforts, initiatives, and partnerships to restore ecological 
        integrity on Federal land and non-Federal land; and
            (2) complement or support existing State or regional 
        efforts, initiatives, and partnerships to restore ecological 
        integrity on Federal land and non-Federal land.
    (d) Use of Funds.--
            (1) In general.--The Secretary shall use amounts in the 
        Fund to provide capacity grants or pay-for-performance 
        contracts under paragraph (2) and implementation grants or pay-
        for-performance contracts under paragraph (3).
            (2) Capacity grants.--
                    (A) In general.--Capacity grants or pay-for-
                performance contracts shall be made available to 
                eligible entities for the purpose described in 
                subsection (a)(1).
                    (B) Application.--
                            (i) In general.--A grant or pay-for-
                        performance contract under this paragraph may 
                        only be made to an eligible entity that submits 
                        to the Secretary an application at such time, 
                        in such manner, and containing or accompanied 
                        by such additional information as the 
                        Secretary, in consultation with the Council, 
                        may require, including the information required 
                        under clause (ii).
                            (ii) Contents.--An application submitted 
                        under clause (i) shall contain--
                                    (I) a clear and concise expression 
                                of interest;
                                    (II) an explanation for how funds 
                                would complement existing Federal 
                                funds;
                                    (III) a description of how the 
                                proposed planning, coordinating, or 
                                monitoring of restoration and 
                                resilience projects would be carried 
                                out in accordance with the best 
                                available ecological restoration 
                                science; and
                                    (IV) an estimate of the number and 
                                duration of jobs that provide capacity 
                                to carry out restoration and resilience 
                                projects that would be created, or 
                                sustained, with the funds.
                    (C) Condition.--To the maximum extent practicable, 
                the Secretary shall provide grant-writing training and 
                mentoring opportunities for lower-capacity, less 
                collaborative experience, or underserved communities 
                and organizations to help lower the barriers to 
                participation in, and create more inclusion in and 
                opportunities under, the grant program.
            (3) Implementation grants.--
                    (A) In general.--Implementation grants or pay-for-
                performance contracts shall be made available to 
                eligible entities for the purpose described in 
                subsection (a)(2).
                    (B) Application.--A grant or pay-for-performance 
                contract under this paragraph may be made only to an 
                eligible entity that submits to the Secretary an 
                application at such time, in such manner, and 
                containing or accompanied by such information as the 
                Secretary, in consultation with the Council, may 
                require.
                    (C) Waiver.--The Secretary may waive matching 
                requirements under covered authorities for applicants 
                for grants or pay-for-performance contracts under this 
                paragraph representing lower-capacity, less 
                collaborative experience, or underserved communities 
                and organizations and rural communities.
    (e) Priority.--In carrying out the grant program, the Secretary, in 
consultation with the Council, shall give priority to projects that 
would--
            (1) create or sustain jobs, employ local or regional labor, 
        or expand the outdoor workforce to provide capacity to carry 
        out restoration and resilience projects or equitable outdoor 
        access through training and education programs;
            (2) be developed through a collaborative process, relying 
        on the best available social ecological restoration science, 
        with multiple stakeholders representing diverse interests;
            (3) address shared priorities for Federal and non-Federal 
        partners;
            (4) advance State, local, and Tribal plans relating to 
        forests, water, wildlife, or equitable outdoor access;
            (5) utilize watershed data analytics to quantify, 
        prioritize, and measure expected outcomes from proposed 
        restoration activities;
            (6) be carried out by or in lower-capacity, less 
        collaborative experience, or underserved communities and 
        organizations; or
            (7) improve long-term economic security in the geographic 
        region through restoration and resilience projects, equitable 
        outdoor access, and the indirect benefits of those projects and 
        access, particularly in geographic regions transitioning from 
        fossil-fuel extraction.
    (f) Authorities.--Eligible entities may use existing authorities 
when carrying out a restoration and resilience project, including a 
covered authority.

SEC. 6. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.

    (a) Purposes.--The purposes of this section are--
            (1) to restore and improve the ecological integrity of 
        forest, grassland, and rangeland ecosystems across the United 
        States in partnership with State, local, and Tribal 
        governments;
            (2) to create or sustain outdoor jobs by reducing the 
        backlog of restoration and resilience projects on Federal land 
        and non-Federal land;
            (3) to improve the resilience and carrying capacity of 
        rangelands in the United States by preventing or mitigating 
        invasive species, such as cheatgrass, that contribute to 
        rangeland fire; and
            (4) to reduce uncharacteristic wildfires in the highest 
        risk areas of the United States by carrying out, in accordance 
        with applicable law, restoration and resilience projects.
    (b) Establishment.--There is established a Restoration and 
Resilience Partnership Program, under which the Secretary shall carry 
out restoration and resilience projects in partnership areas designated 
under subsection (c)(1).
    (c) Designation of Partnership Areas.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall designate, for the 
        purposes of carrying out restoration and resilience projects 
        under subsection (e), any areas of Federal land and non-Federal 
        land that the Secretary determines to be appropriate.
            (2) Submission of partnership areas by states and tribes.--
                    (A) In general.--The Governor of a State or an 
                authorized representative of an Indian Tribe may submit 
                to the Secretary, in writing, a request to designate 
                certain Federal land or non-Federal land in the State 
                or Indian Country, respectively, for restoration and 
                resilience projects under subsection (e).
                    (B) Inclusions.--A written request submitted under 
                subparagraph (A) may include 1 or more maps or 
                recommendations.
    (d) Requirements.--To be eligible for designation under subsection 
(c), an area shall--
            (1) have a high or very high wildfire potential as 
        determined by--
                    (A) the map of the Forest Service entitled 
                ``Wildfire Hazard Potential Version 2020'';
                    (B) any other mapping resource or data source 
                approved by the Secretary that depicts the risk of 
                wildfires; or
                    (C) fire-risk assessment resources or mapping tools 
                maintained by the applicable State;
            (2) have high-priority wildlife habitat urgently in need of 
        restoration, as determined by the Secretary, in consultation 
        with eligible entities and the applicable Governor or 
        representative of an Indian Tribe; or
            (3) in the case of Federal land, be in the wildland-urban 
        interface.
    (e) Restoration and Resilience Projects.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary shall carry out restoration and resilience projects 
        on land designated under subsection (c).
            (2) Priority.--The Secretary shall give priority to 
        restoration and resilience projects that would--
                    (A) focus on the reintroduction of characteristic, 
                low-intensity fire in frequent fire regime ecosystems;
                    (B) reduce hazardous fuels by focusing on small-
                diameter trees, thinning, and strategic fuel breaks;
                    (C) maximize the retention of old and large trees, 
                as appropriate for the forest type;
                    (D) measurably improve habitat conditions for at-
                risk wildlife;
                    (E) measurably improve water quality or water 
                quantity outcomes in waterways that flow through and 
                out of priority areas;
                    (F) establish plans for measuring project success 
                and environmental outcomes;
                    (G) promote community and homeowner involvement in 
                planning and implementing actions to mitigate the risk 
                posed by wildfire in the wildland-urban interface;
                    (H) emphasize proactive wildfire risk mitigation 
                actions in the wildland-urban interface; and
                    (I) increase fire adaption in communities located 
                within the wildland-urban interface.
            (3) Coordination.--The Secretary shall carry out 
        restoration and resilience projects under this subsection--
                    (A) on Federal land, in coordination with the 
                Secretary of the Interior, as applicable; and
                    (B) on non-Federal land, in coordination with 
                eligible entities and other relevant stakeholders, as 
                determined by the Secretary.
            (4) Requirements.--
                    (A) In general.--A restoration and resilience 
                project shall be carried out in accordance with--
                            (i) in the case of a restoration and 
                        resilience project carried out on Federal land, 
                        the management objectives of an applicable land 
                        or resource management plan; and
                            (ii) applicable law.
                    (B) Inclusions.--The Secretary may use existing 
                authorities when carrying out a restoration and 
                resilience project on land designated under subsection 
                (c), including any covered authority.
                    (C) Exclusions.--A restoration and resilience 
                project may not be carried out--
                            (i) in a wilderness area or designated 
                        wilderness study area;
                            (ii) to construct a permanent road or 
                        trail;
                            (iii) on any Federal land on which, by an 
                        Act of Congress or Presidential proclamation, 
                        the removal of vegetation is restricted or 
                        prohibited;
                            (iv) in an inventoried roadless area or 
                        comparable roadless area defined by a State-
                        specific rule; or
                            (v) to remove old growth stands (as defined 
                        in section 102(e)(1) of the Healthy Forests 
                        Restoration Act of 2003 (16 U.S.C. 
                        6512(e)(1))).

SEC. 7. OVERSIGHT.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that, with respect to 
funding made available by the Infrastructure Investment and Jobs Act 
(Public Law 117-58; 135 Stat. 429) or Public Law 117-169 (commonly 
known as the ``Inflation Reduction Act of 2022'') for purposes of 
forestry--
            (1) explains the methodology for priority landscapes set by 
        the Secretary;
            (2) describes the metrics the Secretary is using for 
        measuring performance and outcomes; and
            (3) describes the allocation of funds to States, forests, 
        and Indian Tribes.

SEC. 8. FUNDING.

    (a) In General.--There is appropriated, out of any money in the 
Treasury not otherwise appropriated, $60,000,000,000 for the Fund, to 
remain available until expended, of which--
            (1) $20,000,000,000 shall be for the grant program; and
            (2) $40,000,000,000 shall be for the Restoration and 
        Resilience Partnership Program under section 6, of which not 
        less than $20,000,000,000 shall be for the conduct of 
        restoration and resilience projects on Federal land under that 
        section.
    (b) Workforce Needs and Expenses.--Funds made available under 
subsection (a)(2) shall be available for staffing, salary, and other 
workforce needs and expenses relating to the administration of the 
Restoration and Resilience Partnership Program under section 6.
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