II 118th CONGRESS 1st Session S. 540 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. Short title This Act may be cited as the Protect the West Act of 2023 . 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 ). 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. 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. 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. 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) )). 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. 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.