Title: Empowering State Forestry to Improve Forest Health Act of 2017
Policy area: Public Lands and Natural Resources

Summary:
Empowering State Forestry to Improve Forest Health Act of 2017
This bill amends the Cooperative Forestry Assistance Act of 1978 to direct the Forest Service to establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on state and private forest lands that maintain or improve benefits from trees and forests on such lands.
The program shall:
The program shall also have one or more objectives, including to:
The Forest Service shall allocate from the amounts made available under this bill:
The bill amends the Healthy Forests Restoration Act of 2003 to allocate funds and use specified authorities of the Department of Agriculture or of the Department of the Interior, as appropriate, to assist cross-boundary hazardous fuel reduction and wildfire mitigation programs.


[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 962 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 962

To establish a grant program to support landscape-scale restoration and 
                  management, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2017

  Ms. Klobuchar (for herself and Mr. Daines) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To establish a grant program to support landscape-scale restoration and 
                  management, 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 ``Empowering State Forestry to Improve 
Forest Health Act of 2017''.

SEC. 2. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.

    (a) In General.--Section 13A of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:

``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION 
              PROGRAM.

    ``(a) Purpose.--The purpose of this section is to establish a 
landscape-scale restoration program to support landscape-scale 
restoration and management that results in measurable improvements to 
public benefits derived from State and private forest land, as 
identified in--
            ``(1) a State-wide assessment described in section 
        2A(a)(1); and
            ``(2) a long-term State-wide forest resource strategy 
        described in section 2A(a)(2).
    ``(b) Definitions.--In this section:
            ``(1) Private forest land.--The term `private forest land' 
        means land that--
                    ``(A)(i) has existing tree cover; or
                    ``(ii) is suitable for growing trees; and
                    ``(B) is owned by--
                            ``(i) an Indian tribe (as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304)); or
                            ``(ii) any private individual or entity.
            ``(2) Regional.--The term `regional' means of any region of 
        the National Association of State Foresters.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            ``(4) State forest land.--The term `State forest land' 
        means land that is owned by a State or unit of local 
        government.
            ``(5) State forester.--The term `State Forester' means a 
        State Forester or equivalent State official.
    ``(c) Establishment.--The Secretary, in consultation with State 
Foresters or other appropriate State agencies, shall establish a 
landscape-scale restoration program--
            ``(1) to provide financial and technical assistance for 
        landscape-scale restoration projects on State forest land or 
        private forest land; and
            ``(2) that maintains or improves benefits from trees and 
        forests on that land.
    ``(d) Requirements.--The landscape-scale restoration program 
established under subsection (c) shall--
            ``(1) measurably address the national private forest 
        conservation priorities described in section 2(c);
            ``(2) enhance public benefits from trees and forests, as 
        identified in--
                    ``(A) a State-wide assessment described in section 
                2A(a)(1); and
                    ``(B) a long-term State-wide forest resource 
                strategy described in section 2A(a)(2); and
            ``(3) in accordance with the purposes described in section 
        2(b), have one or more objectives including--
                    ``(A) protecting or improving water quality or 
                quantity;
                    ``(B) reducing wildfire risk, including through 
                hazardous fuels treatment;
                    ``(C) protecting or enhancing wildlife habitat, 
                consistent with wildlife objectives established by the 
                applicable State fish and wildlife agency;
                    ``(D) improving forest health and forest 
                ecosystems, including addressing native, nonnative, and 
                invasive pests; or
                    ``(E) enhancing opportunities for new and existing 
                markets in which the production and use of wood 
                products strengthens local and regional economies.
    ``(e) Measurement.--The Secretary, in consultation with State 
Foresters, shall establish a measurement system, including measurement 
tools, that--
            ``(1) consistently measures the results of landscape-scale 
        restoration projects described in subsection (c); and
            ``(2) is consistent with the measurement systems of other 
        Federal programs delivered by State Foresters.
    ``(f) Use of Amounts.--
            ``(1) Allocation.--Of amounts made available for the 
        landscape-scale restoration program established under 
        subsection (c), the Secretary shall allocate--
                    ``(A) 50 percent for the competitive process in 
                accordance with subsection (g); and
                    ``(B) 50 percent proportionally to States, in 
                consultation with State Foresters--
                            ``(i) to maximize the achievement of the 
                        objectives described in subsection (d)(3); and
                            ``(ii) to address the highest national 
                        priorities, as identified in--
                                    ``(I) State-wide assessments 
                                described in section 2A(a)(1); and
                                    ``(II) long-term State-wide forest 
                                resource strategies described in 
                                section 2A(a)(2).
            ``(2) Multiyear projects.--The Secretary may provide 
        amounts under this section for multiyear projects.
    ``(g) Competitive Process.--
            ``(1) In general.--The Secretary shall distribute amounts 
        described in subsection (f)(1)(A) through a competitive process 
        for landscape-scale restoration projects described in 
        subsection (c) to maximize the achievement of the objectives 
        described in subsection (d)(3).
            ``(2) Eligibility.--To be eligible for funding through the 
        competitive process described in paragraph (1), a State 
        Forester, or another entity on approval of the State Forester, 
        shall submit to the Secretary one or more landscape-scale 
        restoration proposals that--
                    ``(A) in accordance with paragraph (3)(A), include 
                priorities identified in--
                            ``(i) State-wide assessments described in 
                        section 2A(a)(1); and
                            ``(ii) long-term State-wide forest resource 
                        strategies described in section 2A(a)(2);
                    ``(B) identify one or more measurable results to be 
                achieved through the project;
                    ``(C) to the maximum extent practicable, include 
                activities on all land necessary to accomplish the 
                measurable results in the applicable landscape;
                    ``(D) to the maximum extent practicable, are 
                developed in collaboration with other public and 
                private sector organizations and local communities; and
                    ``(E) derive not less than 50 percent of the 
                funding for the project from non-Federal sources, 
                unless the Secretary determines--
                            ``(i) the applicant is unable to derive not 
                        less than 50 percent of the funding for the 
                        project from non-Federal sources; and
                            ``(ii) the benefits of the project justify 
                        pursuing the project.
            ``(3) Prioritization.--The Secretary--
                    ``(A) shall give priority to projects that, as 
                determined by the Secretary, best carry out priorities 
                identified in State-wide assessments described in 
                section 2A(a)(1) and long-term State-wide forest 
                resource strategies described in section 2A(a)(2), 
                including--
                            ``(i) involvement of public and private 
                        partnerships;
                            ``(ii) inclusion of cross-boundary 
                        activities on--
                                    ``(I) Federal forest land;
                                    ``(II) State forest land; or
                                    ``(III) private forest land;
                            ``(iii) involvement of areas also 
                        identified for cost-share funding by the 
                        Natural Resources Conservation Service or any 
                        other relevant Federal agency;
                            ``(iv) protection or improvement of water 
                        quality or quantity;
                            ``(v) reduction of wildfire risk;
                            ``(vi) protection or enhancement of 
                        wildlife habitat, consistent with wildlife 
                        objectives established by the applicable State 
                        fish and wildlife agency;
                            ``(vii) improvement of forest health, 
                        including addressing native, nonnative, and 
                        invasive pests;
                            ``(viii) enhancement of opportunities for 
                        new and existing markets in which the 
                        production and use of wood products strengthens 
                        local and regional economies; and
                            ``(ix) otherwise addressing the national 
                        private forest conservation priorities 
                        described in section 2(c); and
                    ``(B) may give priority to projects in proximity to 
                other landscape-scale projects on other land under the 
                jurisdiction of the Secretary, the Secretary of the 
                Interior, or a Governor of a State, including--
                            ``(i) ecological restoration treatments 
                        under the Collaborative Forest Landscape 
                        Restoration Program established under section 
                        4003 of the Omnibus Public Land Management Act 
                        of 2009 (16 U.S.C. 7303);
                            ``(ii) projects on landscape-scale areas 
                        designated for insect and disease treatment 
                        under section 602 of the Healthy Forests 
                        Restoration Act of 2003 (16 U.S.C. 6591a);
                            ``(iii) authorized restoration services 
                        under section 8206 of the Agricultural Act of 
                        2014 (16 U.S.C. 2113a);
                            ``(iv) watershed restoration and protection 
                        services under section 331 of the Department of 
                        the Interior and Related Agencies 
                        Appropriations Act, 2001 (Public Law 106-291; 
                        16 U.S.C. 1011 note);
                            ``(v) stewardship end result contracting 
                        projects under section 604 of the Healthy 
                        Forests Restoration Act of 2003 (16 U.S.C. 
                        6591c); or
                            ``(vi) projects under other relevant 
                        programs, as determined by the Secretary.
            ``(4) Proposal review.--
                    ``(A) In general.--The Secretary shall establish a 
                process for the review of proposals submitted under 
                paragraph (2) that ranks each proposal based on--
                            ``(i) the extent to which the proposal 
                        would achieve the requirements described in 
                        subsection (d); and
                            ``(ii) the priorities described in 
                        paragraph (3)(A).
                    ``(B) Regional review.--The Secretary may carry out 
                the process described in subparagraph (A) at a regional 
                level.
    ``(h) Report.--Not later than 3 years after the date of enactment 
of the Empowering State Forestry to Improve Forest Health Act of 2017, 
the Secretary shall submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report describing--
            ``(1) the status of the development, execution, and 
        administration of landscape-scale projects selected under the 
        program under this section;
            ``(2) an accounting of expenditures under the program under 
        this section; and
            ``(3) specific accomplishments that have resulted from 
        landscape-scale projects under the program under this section.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for the landscape-scale restoration 
program established under subsection (c) $30,000,000 for each of fiscal 
years 2017 through 2021, to remain available until expended.''.

SEC. 3. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.

    Section 103 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6513) is amended--
            (1) in subsection (d), by adding at the end the following:
            ``(3) Cross-boundary considerations.--For any fiscal year 
        for which the amount appropriated for hazardous fuels reduction 
        is in excess of $300,000,000, the Secretary--
                    ``(A) is encouraged to use the excess amounts for 
                projects that include cross-boundary consideration; and
                    ``(B) of that excess amount, may use, through 
                grants to State Foresters, to support hazardous fuel 
                reduction projects on non-Federal land in accordance 
                with subsection (e) an amount equal to the greater of--
                            ``(i) 20 percent; and
                            ``(ii) $20,000,000.''; and
            (2) by adding at the end the following:
    ``(e) Cross-Boundary Fuels Reduction Projects.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary shall use the funds described in subsection (d)(3) to 
        support hazardous fuel reduction projects that incorporate 
        treatments in landscapes across ownership boundaries on 
        Federal, State, county, or tribal land, private land, and other 
        non-Federal land, particularly in areas identified as 
        priorities in applicable State-wide forest resource assessments 
        or strategies under section 2A(a) of the Cooperative Forestry 
        Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed 
        to by the State Forester and the Regional Forester.
            ``(2) Land treatments.--To conduct and fund treatments for 
        projects that include Federal and non-Federal land, the 
        Secretary may--
                    ``(A) use the authorities of the Secretary relating 
                to cooperation and technical and financial assistance, 
                including the good neighbor authority under--
                            ``(i) section 8206 of the Agricultural Act 
                        of 2014 (16 U.S.C. 2113a); and
                            ``(ii) section 331 of the Department of the 
                        Interior and Related Agencies Appropriations 
                        Act, 2001 (16 U.S.C. 1011 note; Public Law 106-
                        291); and
                    ``(B) allocate cross-boundary wildfire mitigation 
                funds, in accordance with subsection (d)(3) and 
                paragraph (1), for projects carried out pursuant to 
                that section (16 U.S.C. 2113a).
            ``(3) Cooperation.--In carrying out this subsection, the 
        State Forester, in consultation with the Secretary (or a 
        designee)--
                    ``(A) shall consult with the owners of State, 
                county, tribal, and private land and other non-Federal 
                land with respect to hazardous fuels reduction 
                projects; and
                    ``(B) shall not implement any project on non-
                Federal land without the consent of the owner of the 
                non-Federal land.
            ``(4) Existing laws.--Regardless of the individual or 
        entity implementing a project on non-Federal land under this 
        subsection, only the laws and regulations that apply to non-
        Federal land shall be applicable with respect to the 
        project.''.
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