I 
118TH CONGRESS 
1ST SESSION H. R. 1236 
To establish an Outdoor Restoration Fund for restoration and resilience 
projects, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2023 
Mr. CROW introduced the following bill; which was referred to the Committee 
on Agriculture, and in addition to the Committee on Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
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 Representa-
tives 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: 
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(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 estab-
lished 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 Res-
toration 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 For-
ests 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 Restora-
tion Partnership program; 
(G) the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1001 et seq.); 
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(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 Conserva-
tion Partnership program under subtitle I of 
that title (16 U.S.C. 3871 et seq.). 
(3) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
logical integrity’’ has the meaning given the term in 
section 219.19 of title 36, Code of Federal Regula-
tions (as in effect on the date of enactment of this 
Act). 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State agency; 
(B) a unit of local government; 
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(C) a Tribal government; 
(D) a regional government or quasi-govern-
mental organization; 
(E) a special district; or 
(F) a nonprofit organization. 
(5) FUND.—The term ‘‘Fund’’ means the Out-
door and Watershed Restoration Fund established 
by section 3(a). 
(6) GRANT PROGRAM.—The term ‘‘grant pro-
gram’’ 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. 
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(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 Res-
toration 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 pro-
vide 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 du-
plicate or replace, existing Federal conservation, res-
toration, and resilience programs. 
(2) APPLICABLE LAW.—A restoration and resil-
ience project on Federal land or non-Federal land 
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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 pro-
vided 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 require-
ments 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 cov-
ered 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 AUTHOR-
ITY.—In using amounts in the Fund, the Secretary may 
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use a contract, grant agreement, or fixed amount award 
to purchase successfully implemented restoration and re-
silience project outcomes from qualifying projects, as de-
termined by the Secretary, at a negotiated per-unit price. 
(h) ACCEPTANCE AND USE OF CONTRIBUTIONS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury, 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 fur-
ther 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 In-
spector 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 re-
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port describing the use, and any abuse or misuse, as appli-
cable, 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 Res-
toration Fund Advisory Council to provide recommenda-
tions 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 Sec-
retary, of whom— 
(A) 3 shall be representatives from re-
source-dependent industries, including the agri-
culture, oil and gas, outdoor recreation, or for-
est products industries; 
(B) 3 shall be national experts from each 
of the fields of natural resource restoration, 
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economic development, and community and cli-
mate resilience; 
(C) 3 shall be representatives of conserva-
tion, 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 Sec-
retary, 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 Sec-
retary, 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, in-
cluding— 
(A) environmental and climate benefits; 
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(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 re-
silience 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 out-
door 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-Fed-
eral 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; 
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(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 res-
toration and resilience grant program, to be administered 
by the Secretary, with the guidance of the Council, to pro-
vide grants or pay-for-performance contracts from the 
Fund to eligible entities for the purposes described in sub-
section (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 re-
gional 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) 
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(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 con-
sultation with the Council, may require. 
(C) WAIVER.—The Secretary may waive 
matching requirements under covered authori-
ties for applicants for grants or pay-for-per-
formance contracts under this paragraph rep-
resenting lower-capacity, less collaborative expe-
rience, or underserved communities and organi-
zations 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 re-
gional labor, or expand the outdoor workforce to 
provide capacity to carry out restoration and resil-
ience projects or equitable outdoor access through 
training and education programs; 
(2) be developed through a collaborative proc-
ess, relying on the best available social ecological 
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restoration science, with multiple stakeholders rep-
resenting diverse interests; 
(3) address shared priorities for Federal and 
non-Federal partners; 
(4) advance State, local, and Tribal plans relat-
ing to forests, water, wildlife, or equitable outdoor 
access; 
(5) utilize watershed data analytics to quantify, 
prioritize, and measure expected outcomes from pro-
posed 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 ex-
traction. 
(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— 
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(1) to restore and improve the ecological integ-
rity 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 reduc-
ing the backlog of restoration and resilience projects 
on Federal land and non-Federal land; 
(3) to improve the resilience and carrying ca-
pacity of rangelands in the United States by pre-
venting or mitigating invasive species, such as cheat-
grass, 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 Res-
toration 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 res-
toration and resilience projects under subsection (e), 
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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 In-
dian 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 resil-
ience projects under subsection (e). 
(B) INCLUSIONS.—A written request sub-
mitted 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 map-
ping tools maintained by the applicable State; 
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(2) have high-priority wildlife habitat urgently 
in need of restoration, as determined by the Sec-
retary, 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 sub-
section (c). 
(2) PRIORITY.—The Secretary shall give pri-
ority to restoration and resilience projects that 
would— 
(A) focus on the reintroduction of char-
acteristic, low-intensity fire in frequent fire re-
gime 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; 
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