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Code · BILL · 118th Congress · S. 2991 (Reported in Senate) — To improve revegetation and carbon sequestration activities in the United States, and for other purposes. · Sec. 102

Sec. 102. National revegetation effort

1,681 words·~8 min read·/bill/118/s/2991/rs/section-102

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In this section: The term Federal land means— National Forest System land, except— the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); and National Forest System land east of the 100th meridian; and land under the jurisdiction of the Secretary. The term task force means an interagency revegetation task force established under subsection (d). The term zone means a zone described in subsection (c).
Not later than 1 year after the date of enactment of this Act, the Secretaries shall assess, using the revegetation assessment tool described in paragraph (2), the number of acres of Federal land in need of revegetation, including— acres that have experienced a stand-replacing disturbance by a wildfire, windstorm, or other natural event; acres on which a regeneration harvest has previously taken place; and acres that could benefit from appropriate revegetation, as determined by the Secretaries.
In conducting the assessment under subparagraph (A), the Secretaries shall consider the role of recovery periods between disturbances for the development of stand complexity. Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly develop, or use or expand an existing, objective revegetation assessment tool for each zone that uses a point system or rating scale— to consistently assess in various geographic areas, site classes, and forest and rangeland types whether an acre of Federal land is adequately occupied by well-distributed, countable, ecologically appropriate trees or other desirable vegetation; to rapidly assess revegetation needs on Federal land; and to establish baseline conditions for Federal land.
The Secretaries may enter into a partnership with a non-Federal entity, including Indian Tribes, with data or expertise in Federal reforestation— to assess the opportunity to restore forest or rangeland cover across non-Federal land in the United States; or to share existing data gathered by the non-Federal entity. Nothing in this paragraph grants the Secretary concerned any additional authority over or additional access to non-Federal land. Not later than 18 months after the date of enactment of this Act, the Secretaries shall publish a report describing— the number of acres of— Federal land in need of revegetation; and non-Federal land in the United States on which forest or rangeland cover can be restored and the owner of which has requested to be included in a comprehensive revegetation strategy and implementation plan developed under subsection (e)(2)(A); and the approximate location of the land described under subparagraph (A).
The Secretaries shall use the regions of the National Forest System as the zones for revegetation efforts conducted by the task forces under this section. Not later than 18 months after the date of enactment of this Act, the Secretaries shall establish an interagency revegetation task force of Federal and non-Federal members, including Indian Tribes, for each zone— to coordinate and carry out the activities described in subsections (e), (f), and (g); and to maximize collaboration and shared science and mapping resources among Federal and non-Federal entities, including Indian Tribes, in revegetating land in each zone, including through the use of— Department of Agriculture climate hubs; collaboratives formed pursuant to section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ); and partnerships with States developed under shared stewardship agreements.
Each task force— shall review the report published under subsection (b)(4); and may modify, for the applicable zone, the number of acres of land in need of revegetation and the approximate location of the land identified in the report, as necessary. Not later than 180 days after the date on which a task force is established, the task force shall develop a 10-year comprehensive revegetation strategy and implementation plan— to revegetate not less than 25 percent of the land identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable), for the applicable zone; and to achieve any additional goals or targets established by the task force.
A plan developed under subparagraph
(A)shall— take into account the best available science, best practices, and available deployment tools, including climate science that can inform the design of revegetated areas to assure resilience; be based on, to the maximum extent practicable, the report published under subsection (b)(4); identify resources and efforts needed to conduct appropriate revegetation treatments in the applicable zone, including identifying areas in which capacity exists to plant vegetation or conduct seed dispersal; identify the desired, locally or regionally adapted native species of vegetation and the types planting stock required in the specific areas in the zone in need of revegetation, including ecosystems that do not include trees, such as sagebrush ecosystems, grasslands, or rangelands; identify under-represented species of trees and plants in each zone that can be acquired and should be planted under this section; prioritize geographic areas in the applicable zone in need of revegetation, including giving priority to— burned areas and any other destabilized land that pose heightened risks to homes, roads, and public water supplies if not revegetated; areas at high risk of establishing invasive species; mined land; floodplains and riparian areas; and land with regionally significant carbon sequestration potential; identify— targets or goals for the number of acres planted annually; and other implementation actions and opportunities; identify areas in which— vegetation restoration is needed; but natural regeneration is the most effective means of restoration; identify areas in which revegetation efforts— may cause an increased risk of a stand-replacing wildfire, disease, or insect infestation, if not properly managed; or would be adverse to livestock grazing or use by wildlife; consider treatments that increase the carbon sequestration capacity of forests, rangelands, and grasslands; provide for— consideration of palatability to support grazing by wildlife and livestock; and coordination with State wildlife agencies, rangeland management professionals, and ranchers; incorporate the data and strategy relating to nurseries and the availability of planting stock described in subsection (g); for activities recommended to be carried out on non-Federal land— identify ways to address revegetation needs voluntarily by working with States, landowners, Indian Tribes, and other interested persons; and ensure that revegetation efforts will not adversely impact existing markets for timber and other forest materials produced from private working forests; provide an explanation for any land not included in the implementation portion of the plan that was identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable); utilize an experimental approach, where appropriate; and be consistent with any applicable agency land management plans. Notwithstanding subparagraph (B)(iv), a task force may determine that the selection and use of certain desirable, noninvasive, nonnative species is appropriate in certain limited circumstances, based on localized ecological conditions, as determined by the task force. A task force may modify a plan developed under paragraph
(2)to address new circumstances or changing conditions. During the 10-year period beginning on the date on which a plan for a zone is completed under subsection (e)(2), the task force, in coordination with applicable Federal agencies, shall implement the plan. To implement a plan developed under subsection (e)(2), the Secretary concerned may— accept non-Federal funds, including leveraging funding opportunities relating to voluntary carbon mitigation; and issue a certificate of donation, as appropriate. In implementing a plan under this subsection, any activities carried out on non-Federal land shall be carried out— in cooperation with the owner of the non-Federal land; and only on a voluntary basis. The Secretary concerned may employ a Forest Service enterprise team to facilitate the implementation of a plan developed under subsection (e)(2). A task force shall— not later than 60 days after the date on which the task force is established, conduct an inventory of nurseries, an assessment of nursery capacity, and a tally of available planting stock in the applicable zone; and based on the report published under subsection (b)(4), as modified under subsection (e)(1)(B) (if applicable)— estimate the capacity of nurseries that would be necessary to fulfill revegetation needs, including identifying the species and types of planting stock needed for revegetation; and develop a plan for increasing the number and capacity of nurseries, in accordance with the estimates under clause (i). A task force shall— assess the current capacity to locally collect and store seed; and develop a plan for increasing capacity described in subparagraph (A), if necessary. The Secretaries may enter into a partnership with a non-Federal entity to assist a task force in meeting the requirements of this subsection. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which each plan developed under subsection (e)(2) is fully implemented, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and publish on the website of the Department of the Interior, a report that describes, with respect to the preceding year— whether the Secretaries have achieved compliance with the requirements of this section; the total number of acres of land, reported by surface ownership in each zone, in need of revegetation treatments; the total number of acres of land, reported by surface ownership in each zone, in which revegetation treatments have been carried out; any other accomplishments and improvements to carbon sequestration capacity or other co-benefits as a result of implementing a plan under subsection (e)(2); and any barriers to implementation of a plan developed under subsection (e)(2), including as a result of legal issues, logistical issues, seed or sapling shortages, or lack of funding. The Secretaries may enter into a memorandum of agreement with any member of a task force to carry out any activity described in subsection (e), (f), (g), or (h). Nothing in this section establishes new, extends existing, or otherwise affects post-fire rehabilitation no-grazing requirements. In carrying out this section, the Secretaries shall— avoid duplicative efforts and, to the maximum extent practicable, utilize existing efforts and personnel to develop and implement an activity described in subsection (e), (f), (g), or (h); maximize non-Federal involvement; and avoid using personnel who would otherwise be engaged in forest management or wildfire mitigation efforts.
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  • 7 USC 1010
  • 16 USC 7303
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Sec. 102
National revegetation effort
Cite7 USC 1010
Cite16 USC 7303
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