Repairing Existing Public Land by Adding Necessary Trees Act or the REPLANT Act
This bill directs the Department of Agriculture (USDA) annually for each of the 10 years after enactment of this bill to transmit to Congress an estimate of the sums necessary to be appropriated, in addition to the funds available from other sources, to replant and otherwise treat an acreage equal to the acreage to be cut over that year, plus a sufficient portion of the backlog of lands found to be in need of treatment to eliminate the backlog within the 10-year period.
After such 10-year period, USDA shall transmit annually to Congress an estimate of the sums necessary to replant and otherwise treat all lands being cut over and maintain planned timber production on all other forested lands in the National Forest System to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year.
Each reforestation activity included in a renewable resource assessment shall be carried out in accordance with applicable Forest Service management practices and definitions, including those contained in a specified amendment and regulations related to silvicultural practices.
The Forest Service shall, based on recommendations from regional foresters, create a priority list of reforestation projects that primarily take place on priority land, promote effective reforestation following unplanned events, and may include activities to ensure adequate and appropriate seed availability.
USDA shall give priority to projects on the priority list.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4357 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4357
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 to promote reforestation following unplanned events on Federal
land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2020
Mr. Udall (for himself, Mr. Portman, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 to promote reforestation following unplanned events on Federal
land, 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 ``Repairing Existing Public Land by
Adding Necessary Trees Act'' or the ``REPLANT Act''.
SEC. 2. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED EVENTS.
(a) Forest and Rangeland Renewable Resources Planning Act of
1974.--
(1) National forest cover policy.--
(A) In general.--Section 3 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601) is amended--
(i) by redesignating subsection (e) as
subsection (f);
(ii) by redesignating the second subsection
(d) (relating to the policy of Congress
regarding forested land in the National Forest
System) as subsection (e); and
(iii) in subsection (e) (as so
redesignated)--
(I) in paragraph (2)--
(aa) in the first
sentence--
(AA) by striking
``9 of this Act, the
Secretary shall
annually for eight
years following the
enactment of this
subsection'' and
inserting ``9, the
Secretary shall,
annually during each of
the 10 years beginning
after the date of
enactment of the
REPLANT Act''; and
(BB) by striking
``eight-year'' and
inserting ``10-year'';
(bb) in the second
sentence, by striking ``such
eight-year period'' and
inserting ``the 10-year
period''; and
(cc) in the third sentence,
by striking ``1978'' and
inserting ``2021'';
(II) in paragraph (3), in the first
sentence, by striking ``subsection
(d)'' and inserting ``subsection''; and
(III) by adding at the end the
following:
``(4) Reforestation requirements.--
``(A) Definitions.--In this paragraph:
``(i) Natural regeneration.--
``(I) In general.--The term
`natural regeneration' means the
establishment of a tree or tree age
class from natural seeding, sprouting,
or suckering in accordance with the
management objectives of an applicable
land management plan.
``(II) Inclusion.--The term
`natural regeneration' may include any
site preparation activity to enhance
the success of regeneration to the
desired species composition and
structure.
``(ii) Priority land.--The term `priority
land' means National Forest System land that,
due to an unplanned event--
``(I) is unstocked;
``(II) requires reforestation to
meet the objectives of an applicable
land management plan; and
``(III) is unlikely to experience
natural regeneration without
assistance.
``(iii) Reforestation.--The term
`reforestation' means the act of renewing tree
cover by establishing young trees through--
``(I) natural regeneration;
``(II) natural regeneration with
site preparation; or
``(III) planting direct seeding,
taking into consideration species
composition and resilience.
``(iv) Unplanned event.--
``(I) In general.--The term
`unplanned event' means any unplanned
disturbance that--
``(aa) disrupts ecosystem
or forest structure or
composition; or
``(bb) changes resources,
substrate availability, or the
physical environment.
``(II) Inclusions.--The term
`unplanned event' may include--
``(aa) a wildfire;
``(bb) an infestation of
insects or disease;
``(cc) a weather event; and
``(dd) animal damage.
``(v) Unstocked.--The term `unstocked',
with respect to forest land, means that a
percentage of forested land area of the forest
land fails to achieve compliance with a
stocking level required under an applicable
land management plan.
``(B) Requirement.--Each reforestation activity
under this section shall be carried out in accordance
with applicable Forest Service management practices and
definitions, including those contained in--
``(i) the amendment numbered 2400-2014-1 to
chapter 2470 (relating to silvicultural
practices) of the Forest Service document
numbered FSM 2400 (relating to forest
management) (or a successor amendment or
manual); and
``(ii) section 219.19 of title 36, Code of
Federal Regulations (or a successor
regulation).
``(C) Reforestation priority.--
``(i) In general.--In carrying out this
subsection, the Secretary shall give priority
to projects on the priority list described in
clause (ii).
``(ii) Priority list.--
``(I) In general.--The Chief of the
Forest Service shall, based on
recommendations from regional
foresters, create a priority list of
reforestation projects that--
``(aa) primarily take place
on priority land;
``(bb) promote effective
reforestation following
unplanned events; and
``(cc) may include
activities to ensure adequate
and appropriate seed
availability.
``(II) Ranking.--The Chief of the
Forest Service shall rank projects on
the priority list under subclause (I)
based on--
``(aa) documentation of an
effective reforestation project
plan;
``(bb) the ability to
measure the progress and
success of the project; and
``(cc) the ability of a
project to provide benefits
relating to forest function and
health, soil health and
productivity, wildlife habitat,
improved air and water quality,
carbon sequestration potential,
resilience, job creation, and
enhanced recreational
opportunities.''.
(B) Conforming amendment.--Section 9 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105) is amended, in the undesignated matter following
paragraph (5) of subsection (g)--
(i) by striking ``section 3(d)'' and
inserting ``subsection (e) of section 3''; and
(ii) by striking ``1601(d)'' and inserting
``1601''.
(2) National forest system program elements.--Section 9 of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1607) is amended, in the second sentence, by
striking ``2000'' and inserting ``2029''.
(b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16
U.S.C. 1606a) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) in paragraph (3)--
(i) in the second sentence, by striking
``Proper adjustment'' and inserting the
following:
``(3) Adjustment of estimates.--Proper adjustment''; and
(ii) by striking ``(3) The amounts'' and
inserting the following:
``(2) Frequency.--The amounts''; and
(C) by striking the subsection designation and all
that follows through ``the Secretary'' in paragraph (1)
and inserting the following:
``(b) Transfers to Trust Fund.--
``(1) In general.--The Secretary''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3(d)'' and inserting
``subsection (e) of section 3''; and
(B) by striking ``1601(d)'' and inserting ``1601''.
(c) Stewardship End Result Contracting Projects.--Section 604(c) of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is
amended by adding at the end the following:
``(8) With respect to projects under subsection (b) entered
into only by the Chief, reforestation in accordance with
subsection (e)(4)(C)(ii) of section 3 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1601).''.
(d) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)(4)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) with respect to National Forest
System land only, reforestation activities;
and''; and
(2) in subsection (b)(1), by adding at the end the
following:
``(C) Reforestation priority.--The Secretary shall
enter into good neighbor agreements under this section
with respect to forest, rangeland, and watershed
restoration services described in subsection
(a)(4)(A)(iii) in accordance with subsection
(e)(4)(C)(ii) of section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1601).''.
SEC. 3. REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of Agriculture shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives, and make
publicly available on the website of the Forest Service, a report that
describes, with respect to the preceding year--
(1) an evaluation of the degree to which the Secretary has
achieved compliance with the requirements contained in the
amendments made by this Act, including, as a result of those
amendments, the number of acres covered by reforestation
projects that follow unplanned events (such as wildfires);
(2) the authorities, expressed by the number of acres
replanted, used to replant forests impacted by unplanned
events, including through--
(A) stewardship contracts under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c); and
(B) good neighbor agreements under section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a);
(3) the number of acres of National Forest System land
affected by, and the substance of reforestation needs on that
land resulting from, unplanned events; and
(4) the number of acres in need of reforestation under
subsection (e)(1) of section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
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