Sec. 10. Reforestation

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Section 303 of Public Law 96–451 ( 16 U.S.C. 1606a ) is amended— in subsection (b)— in paragraph (1), by striking Subject to and all that follows through the Secretary and inserting The Secretary ; by striking paragraph (2); and by redesignating paragraph

(3)as paragraph (2); in subsection (d)— in the matter preceding paragraph (1)— by striking the subsection designation and all that follows through The Secretary and inserting the following: The Secretary ; and by striking for ; in paragraph (1)— by inserting for before reforestation ; and by striking and at the end; by redesignating paragraph

(2)as paragraph (4); by inserting after paragraph

(1)the following: to the Chief of the Forest Service to reforest National Forest System land determined to be in need of active reforestation based on field surveys that have been conducted after sufficient time has elapsed to determine regeneration potential based on forest type, aspect, and elevation, in accordance with subsection (f), by planting the maximum reasonable number of trees according to the best available science; to carry out the Reforest America Grant Program established under section 6 of the Cooperative Forestry Assistance Act of 1978; and ; and in paragraph

(4)(as so redesignated), by inserting for before properly ; and by adding at the end the following: The Secretary of the Interior shall obligate such sums from the Trust Fund as are necessary to reforest land managed by the Bureau of Land Management and land managed by the Bureau of Indian Affairs determined to be in need of active reforestation based on field surveys that have been conducted after sufficient time has elapsed to determine regeneration potential based on forest type, aspect, and elevation, in accordance with subsection (f), by planting the maximum reasonable number of trees according to the best available science. In this subsection, the term connectivity means the degree to which the landscape facilitates native species movement. Reforestation under subsections (d)(2) and

(e)shall consist of ecologically based site preparation, tree planting, and subsequent management using practices that— are informed by climate change science and the importance of spatial pattern; enhance forest health, resilience, and biodiversity; and reduce vulnerability to future forest mortality and catastrophic wildfire. In the case of reforestation under subsections (d)(2) and (e), sums available in the Trust Fund shall not be used— for post-wildfire salvage logging; or in any area that has been salvage logged during the preceding 10-year period. In carrying out reforestation under subsections (d)(2) and (e), the Chief of the Forest Service and the Secretary of the Interior, as applicable, shall give priority to planting— on land that was subject to a mortality event caused by a high intensity wildfire, pest infestation, invasive species, or drought or other extreme weather; that will restore and maintain resilient landscapes; on land on which the planting provides increased habitat connectivity for wildlife; and that will provide the largest potential long-term increase in carbon sequestration. To carry out paragraphs

(2)and

(3)of subsection

(d)and subsection (e), the Secretary of the Treasury shall transfer from the general fund of the Treasury into the Trust Fund $3,500,000,000 for fiscal year 2022 and each fiscal year thereafter, to remain available until expended. . Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall issue regulations necessary to carry out the amendments made by this section. The Cooperative Forestry Assistance Act of 1978 is amended by inserting after section 5 ( 16 U.S.C. 2103a ) the following: In this section: The term community of color means, in a State, a census block group in an urban area for which the aggregate percentage of residents who identify as Black, African-American, Asian, Pacific Islander, Hispanic, Latino, other non-White race, or linguistically isolated is— not less than 50 percent; or is significantly higher than the State average. The term eligible cost means, with respect to a project of an eligible entity under the Program— the cost of implementing a reforestation project, including by— planning and designing the reforestation activity, including considering relevant science; establishing tree nurseries; purchasing trees; and ecologically based site preparation, including the labor and cost associated with the use of machinery; the cost of maintaining and monitoring planted trees for a period of up to 3 years to ensure successful establishment of the trees; with respect to reforestation in an urban area under subsection

(e)in a low income community that has an existing tree canopy cover of not more than 20 percent, not more than 50 percent of the cost of the maintenance of any nearby tree canopy; and any other relevant cost, as determined by the Secretary. The term eligible entity means— a State agency; a local governmental entity; an Indian Tribe; and a nonprofit organization. The term eligible land means— land owned in fee simple by an eligible entity— for which, at the time of application to the Program under subsection (c), the forest stocking level of the land is less than 25 percent of regional norms for forest properties with comparable tree species and soil characteristics; and that is in need of active reforestation due to events such as— high intensity wildfire; pest infestation; invasive species; and drought and other extreme weather; or that was formerly forest land and has been abandoned or incompletely reclaimed from mining, commercial development, clearing for agriculture, or other nonforest use; and with respect to reforestation in an urban area under subsection (e), land in that urban area that is owned in fee simple by an eligible entity. The term eligible land does not include land on which the eligible entity conducted a timber harvest— not later than 5 years before the date on which the eligible entity submits an application under subsection (c); and that resulted in a forest stocking level described in subparagraph (A)(i)(I)(aa). The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions. The term low income community means any census block group in an urban area in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )). The term nonprofit organization means an organization that— is described in section 170(h)(3) of the Internal Revenue Code of 1986; and operates in accordance with 1 or more of the purposes described in section 170(h)(4)(A) of that Code. The term Program means the Reforest America Grant Program established under subsection (b)(1). The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. The term urban area means an area identified by the Bureau of the Census as an urban area in the most recent census. The Secretary shall establish a program, to be known as the Reforest America Grant Program , under which the Secretary shall award grants to eligible entities to conduct projects to reforest eligible land in accordance with this section. In carrying out the Program, the Secretary shall, to the maximum extent practicable, award sufficient grants each year to plant the maximum reasonable number of trees according to the best available science. An eligible entity that seeks to receive a grant under the Program shall submit an application at such time, in such form, and containing such information as the Secretary may require, including the information described in paragraph (2), to— the State forester or equivalent official of the State in which the eligible entity is located; or in the case of an eligible entity that is an Indian Tribe, an official of the governing body of the Indian Tribe. An application submitted under paragraph

(1)shall include— the reason that the forest stocking level of the land is less than 25 percent of regional norms for forest properties with comparable tree species and soil characteristics, if applicable; the natural, economic, and environmental benefits of returning the eligible land to forested condition; an estimate of the annual carbon sequestration that will be achieved by the replanted forests, using processes determined by the Secretary; a reforestation plan that includes— a list of expected eligible costs; a description of the site preparation and the tree species to be planted; a description of the manner in which the design of the project is informed by climate change science and will enhance forest health, resilience, and biodiversity; an explanation of the manner in which the land will be maintained for 36 months after planting to ensure successful establishment; and an explanation of the manner in which the land will be managed later than 36 months after planting, including whether that management shall include a timber harvest; in the case of an application for an urban reforestation project under subsection (e)— a description of the manner in which the tree planting shall address disparities in local environmental quality, such as lower tree canopy cover; and a description of the anticipated community and stakeholder engagement in the project; and any other relevant information required by the Secretary. Each official that receives an application under paragraph

(1)shall submit the application to the Secretary with a description of the application and any other relevant information that the Secretary may require. In this subsection, the term connectivity means the degree to which the landscape facilitates native species movement. In awarding grants under the Program, the Secretary shall give priority— to projects that provide the largest potential increase in carbon sequestration per dollar; to projects that provide increased habitat connectivity for wildlife; to projects under which an eligible entity will enter into a contract or cooperative agreement with 1 or more qualified youth or conservation corps (as the term is defined in section 203 of Public Law 91–378 (commonly known as the Youth Conservation Corps Act of 1970 ) ( 16 U.S.C. 1722 )); and in the case of urban reforestation projects under subsection (e), to projects that— are located in a community of color or a low-income community; are located in a neighborhood with poor local environmental quality, including lower tree canopy cover and higher maximum daytime summer temperatures; are located in a neighborhood with high amounts of senior citizens or children; are located immediately adjacent to large numbers of residents; will collaboratively engage neighbors and community members that will be closely affected by the tree planting in as many aspects of project development and implementation as possible; and will employ a substantial percentage of the workforce locally, with a focus on engaging unemployed and underemployed persons in communities of color and low-income communities. In carrying out the Program, the Secretary shall award sufficient grants each year to projects carried out in urban areas to plant, to the maximum extent practicable— 5,000,000 trees in each of calendar years 2022 through 2024; 10,000,000 trees in each of calendar years 2025 through 2028; and 15,000,000 trees in calendar year 2029 and each calendar year thereafter. The Secretary shall award a grant to an eligible entity under the Program to conduct a reforestation project in an urban area in an amount equal to not more than 90 percent of the cost of reforesting the eligible land, as determined by the Secretary. As a condition of receiving a grant described in paragraph (2), an eligible entity shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds in an amount equal to not less than 10 percent of the cost of reforesting the eligible land, as determined by the Secretary. Subject to paragraphs

(2)and (3), an eligible entity that receives a grant under the Program shall not sell or convert land that was reforested under the Program to nonforest use. An eligible entity that receives a grant under this Program and sells or converts land that was reforested under the Program to nonforest use shall pay to the Federal Government an amount equal to the greater of— the amount of the grant; and the current appraised value of timber stocks on that land. An eligible entity that receives a grant under this Program and sells or converts land that was reforested under the Program to nonforest use shall not be eligible for additional grants under the Program. Unless otherwise provided under this section, the Secretary shall award a grant to an eligible entity under the Program in an amount equal to not more than 75 percent of the cost of reforesting the eligible land, as determined by the Secretary. Unless otherwise provided under this section, as a condition of receiving a grant under the Program, an eligible entity shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds in an amount equal to not less than 25 percent of the cost of reforesting the eligible land, as determined by the Secretary. An eligible entity that receives a grant under the Program shall— not later than 36 months after planting has been completed using the grant funds, submit to the responsible State or Tribal official, as applicable, a monitoring report that describes project implementation, including the survival rate of all plantings made under the grant; and if the survival rate reported in the monitoring report under paragraph

(1)is, after 36 months, less than the required minimum survival rate for the geographic area in which the planting is located, as determined by a State forester or equivalent State or Tribal official, as applicable, replant tree seedlings in a quantity equivalent to half of the original planting, using comparable means to the original planting. Any contractor or subcontractor entering into a service contract in connection with a project under the Program shall— be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41, United States Code (commonly known as the McNamara-O'Hara Service Contract Act of 1965 ); and pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality, or, where a collective-bargaining agreement covers the employee, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement. The Secretary shall annually submit to the relevant committees of Congress a report that describes the activities of the Program, including the total amount of carbon sequestered by replanted forests during the year covered by the report. Of the funds of the Reforestation Trust Fund established under section 303 of Public Law 96–451 ( 16 U.S.C. 1606a ), the Secretary shall use such sums as are necessary to carry out the Program. Of the funds used under paragraph (1), the Secretary shall allocate not more than 10 percent for each fiscal year to State foresters or equivalent officials, including equivalent officials of Indian Tribes, for administrative costs and technical assistance under the Program. .

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