Sec. 101. Definitions
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In this title: The term conservation finance agreement means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code) for a conservation finance project— the term of which is not less than 2, and not more than 20, years; that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds or receipt of collections; and that may provide for a cancellation payment to be made to the conservation finance project developer if those appropriations are not made or collections are not received.
The term conservation finance project means a project— conducted on National Forest System land and may include land adjoining National Forest System land; that would— protect, restore, or improve National Forest System land; and use a conservation finance model that employs a debt financing approach that uses loaned capital from a conservation finance project investor to cover up-front project costs, with the loaned capital repaid over time by conservation finance project beneficiaries; and the purpose of which is to conduct ecological restoration treatments that, at the time of selection for a conservation finance agreement under the pilot program established under section 103(a)— are conducted 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 ); were previously conducted under the Program described in clause (i); are no longer eligible for funding under that Program due to a time limitation under subsection (b)(1)(B) or (d)(4)(B) of that section; and are otherwise eligible for funding under that Program; are conducted by a water source investment partnership established under section 303(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542(c) ); or are conducted under the Joint Chiefs Landscape Restoration Partnership Program established under section 40808 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592d ).
The term conservation finance project beneficiary means a nonprofit, for-profit, or Federal, State, local, or Tribal governmental entity or individual that— benefits from conservation finance project outcomes; and provides capital directly to fund a conservation finance project; or repays to a conservation finance project investor up-front loaned capital for a conservation finance project at a rate of return agreed to by the entity or individual and the conservation finance project investor.
The term conservation finance project developer means a nonprofit or for-profit intermediary that assists in developing, financing, funding, or implementing a conservation finance project. The term conservation finance project investor means a nonprofit, for-profit, or State, local, or Tribal governmental entity or individual that provides up-front loaned capital for a conservation finance project. 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).
The term low-income community has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986. The term National Forest System means the portion of the National Forest System located west of the 100th meridian. 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). The term Secretary means the Secretary of Agriculture. 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 ).
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