Sec. 302. Forest Service conservation finance partnerships
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Congress finds that— innovative funding models are an appropriate way to develop and maintain recreation infrastructure on Federal land; and in carrying out this section, the Secretary of Agriculture should build on the successes of the Baileys Mountain Bike Trail System project on the Wayne National Forest, which was designed specifically to make Athens County, Ohio, a more popular recreation destination. In this section: The term conservation partner means— a private nonprofit, for-profit, or charitable entity or other person; or a unit of State, local, or Tribal government.
The term independent evaluator means an individual or entity, including an institution of higher education, that is selected by the Secretary of Agriculture, in consultation with a conservation partner, to make the determinations and prepare the reports required under subsection (f). The term project means 1 or more activities conducted on National Forest System land, or on other land if the activities would benefit National Forest System land, to enhance a recreational opportunity for which the Secretary of Agriculture has approved a record of decision, decision notice, or decision memo.
The term project agreement means a cooperative agreement, a mutual benefit agreement, or a contract, as appropriate, executed by the Secretary of Agriculture and a project broker or a conservation partner in accordance with applicable law. The term project broker means a nonprofit or for-profit intermediary that assists in establishing or implementing a project agreement. The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more projects that are financed by conservation partners.
Notwithstanding the Act of June 30, 1914 (commonly known as the Cooperative Funds Act ) ( 16 U.S.C. 498 ), or subtitle C of title XX of the Social Security Act ( 42 U.S.C. 1397n et seq. ), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a project agreement with a conservation partner or a project broker under which the conservation partner or project broker agrees to pay for all or part of a project. The term of a project agreement shall be not longer than 20 years.
The Secretary of Agriculture may not enter into a project agreement under the pilot program under this section for a project valued at more than $10,000,000. Notwithstanding any other provision of law, funds may be exchanged between non-Federal parties under a project agreement, if— the project agreement uses an innovative funding model, such as pay-for-performance, or pay-for-success, under which payments are paid when specified recreation-related outcomes are met; and an independent evaluator determines pursuant to subsection
(f)that the outcome specified in the project agreement has been met. A project agreement shall— include a plan for maintaining any capital improvement made as part of a project after the date on which the project is completed; and specify the party that will be responsible for decommissioning the improvements associated with the project— at the end of the useful life of the improvements; or if the project fails. Under a project agreement, a conservation partner, a project broker, or the Secretary of Agriculture shall agree to pay to the other party to the project agreement any of the following: A percentage of the estimated value of the outcomes achieved by the applicable project. A percentage of the estimated cost savings to the conservation partner or the Secretary of Agriculture as a result of the project. A percentage of the enhanced revenue to the conservation partner or the Secretary of Agriculture as a result of the project. The cost of the project. Subject to the availability of appropriations, the Secretary of Agriculture may only contribute funding for a project if— the Secretary of Agriculture demonstrates the project will provide a cost savings to the United States; and the contribution of the Secretary of Agriculture is in an amount equal to less than 50 percent of the total cost of the project. Subject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— to conduct a feasibility analysis of a proposed project; or to assist in the formation or evaluation of a proposed project. All or any portion of a project may be implemented by— the Secretary of Agriculture; or a conservation partner or third party, subject to the conditions that— the Secretary of Agriculture shall approve the implementation by the conservation partner or third party; and the implementation shall be in accordance with applicable law. A project carried out under this section shall be consistent with any applicable land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). Each project shall be vested to the United States. The carrying out of any action for a project does not provide any right to any party to a project agreement. Before approving a project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with an existing authorization. An independent evaluator shall submit to the Secretary of Agriculture and each party to the relevant project agreement a written report— by not later than 2 years after the date on which a project agreement is executed, and not less frequently than once every 2 years thereafter, summarizing the progress that has been made in achieving each outcome specified in the project agreement; and before the first scheduled outcome payment date, and each subsequent payment date, summarizing the results of the evaluation conducted to determine whether an outcome payment should be made, together with information relating to the factors contributing to the conservation partner achieving, or failing to achieve, an outcome. Not later than 180 days after the date on which a project is completed, the applicable independent evaluator shall submit to the Secretary of Agriculture and each party to the relevant project agreement a written report that includes— an evaluation of the effects of the project with respect to each outcome specified in the project agreement; and a determination of whether the conservation partner has met each outcome specified in the project agreement. The Secretary of Agriculture may unilaterally terminate a project agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the project agreement a notice of the termination. The authority to enter into project agreements under this section terminates on September 30, 2032. Nothing in paragraph
(1)affects any project agreement entered into by the Secretary of Agriculture pursuant to this section before the date described in that paragraph.
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