21st Century Conservation Corps Act
A BILL
To make supplemental appropriations for the Departments of Agriculture, the Interior, Homeland Security, Labor, and Commerce for the fiscal year ending September 30, 2021, and for other purposes.
Sec. 2 Supplemental appropriations for the Departments of Agriculture, the Interior, Homeland Security, Labor, and Commerce
Sec. 3 Outfitters and guides relief program
Sec. 4 Every Kid Outdoors program
“(5) Student—The term student means any fourth, fifth, or sixth grader or home-schooled learner 10 to 12 years of age residing in the United States, including any territory or possession of the United States.”
Sec. 5 Forest Service Legacy Roads and Trails Remediation Program
“8. Forest Service Legacy Roads and Trails Remediation Program
“(a) Establishment—There is established the Forest Service Legacy Roads and Trails Remediation Program (referred to in this section as the Program).
“(b) Administration—The Program shall be administered by the Secretary, acting through the Chief of the Forest Service (referred to in this section as the Secretary).
“(c) National strategy—The Secretary shall develop a national strategy to carry out the Program in accordance with this section.
“(d) Activities—In carrying out the Program, the Secretary shall—
“(1) carry out critical maintenance and urgent repairs and associated activities on National Forest System roads, trails, and bridges;
“(2) restore passages of fish and other aquatic species by removing or replacing unnatural barriers from those passages;
“(3) consider recreational access when improving water quality and habitat conditions; and
“(4) decommission roads in accordance with subsection (h).
“(e) Priority—In implementing the Program, the Secretary shall give priority to projects that protect or restore—
“(1) water quality;
“(2) a watershed that supplies a public drinking water system;
“(3) the habitat of a threatened, endangered, or sensitive fish or wildlife species; or
“(4) a watershed for which the Secretary has completed a watershed protection and restoration action plan pursuant to section 304 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543).
“(f) National Forest System—Except with respect to a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a), each project carried out under this section shall be on a National Forest System road or trail.
“(g) Identification of minimum road systems—Not later than 3 years after the date of enactment of this section, the Secretary shall identify, for each unit of the National Forest System, the minimum road system and unneeded roads in accordance with section 212.5(b) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
“(h) Unneeded roads—The Secretary shall decommission any roads identified as unneeded under subsection (g) as soon as practicable after making the identification under that subsection.
“(i) Review; revision—The Secretary shall review, and may revise, an identification made under subsection (g) for a unit of the National Forest System during a revision of the land and resource management plan applicable to that unit.
“(j) Authorization of appropriations—There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 through 2030.”
Sec. 6 21st Century Civilian Conservation Corps
“E 21st Century Civilian Conservation Corps
“176. 21st Century Civilian Conservation Corps program
“(a) Definitions—In this section:
“(1) Project partner—The term project partner means the Department of Agriculture, the Interior, Homeland Security, Commerce, or Labor, a State or local resource management agency, or another entity responsible for community development or climate adaption.
“(2) Qualified youth or conservation corps—The term qualified youth or conservation corps means an entity carrying out a qualified youth or conservation corps, as defined in section 203 of the Public Land Corps Act of 1993 (16 U.S.C. 1722).
“(3) Qualified youth or conservation corps criteria—The term qualified youth or conservation corps criteria means the model and standards for a program described in section 203(11) of the Public Land Corps Act of 1993 (16 U.S.C. 1722(11)).
“(b) Establishment—The Secretary shall establish and carry out a 21st Century Civilian Conservation Corps program. The program shall be carried out using qualified youth or conservation corps criteria and through Civilian Conservation Corps projects.
“(c) Grants—In carrying out the 21st Century Civilian Conservation Corps program, the Secretary shall make grants to eligible qualified youth or conservation corps, acting in partnership with project partners, to carry out Civilian Conservation Corps projects, in which the grant funds are used to administer comprehensive youth and workforce development programs.
“(d) Application
“(1) In general—To be eligible to receive a grant under this section for a Civilian Conservation Corps project, a qualified youth or conservation corps shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, that contains—
“(A) a description of the project, including how the project relates to goals described in subsection (e);
“(B) the scope of work and budget for the project;
“(C) the number of enrollees needed to carry out the project;
“(D) a description of the manner in which the qualified youth or conservation corps shall recruit, screen, and select enrollees;
“(E) a description of the manner in which the qualified youth or conservation corps shall recruit, train, and engage individuals from diverse backgrounds and underrepresented communities as enrollees;
“(F) a description of the manner in which the qualified youth or conservation corps will provide, through the project—
“(i) education, work experience, and work-based learning; and
“(ii) training, such as basic skills training, the development of job-specific occupational skills, or other training activities, designed to lead to the attainment of an industry-recognized credential, including a description of the training that leads to the credential;
“(G) a description of the stipend, allowance, or other benefits an enrollee in the project will receive;
“(H) a description of the supportive services that an enrollee in the project will receive; and
“(I) information specifying how the qualified youth or conservation corps will collect such information on the project and enrollees as the Secretary may require, and submit a report containing that information to the Secretary.
“(2) Application preference—The Secretary shall give preference to entities submitting applications that describe how the project will—
“(A) serve communities historically impacted by underinvestment or environmental injustice; or
“(B) engage youth from historically disenfranchised populations.
“(e) Eligible use of funds—A qualified youth or conservation corps may use funds distributed for each Civilian Conservation Corps project, with goals relating to conservation, outdoor recreation, or other environmental matters, for—
“(1) education, work experience, and workforce investment activities outlined in section 129(c)(2) related to conservation, outdoor recreation, and other environmental industries;
“(2) other education and training activities that focus on career development in such industries;
“(3) activities leading to development and completion of the project;
“(4) activities for data collection, management, and reporting;
“(5) other activities designed to lead to successful completion of the project and workforce development outcomes;
“(6) any administrative activities supporting the project; and
“(7) project monitoring activities.
“(f) Qualified youth or conservation corps—In carrying out projects under this section, the Secretary shall—
“(1) consult with the National Association of Service and Conservation Corps—
“(A) to establish standards used to identify appropriate types of Civilian Conservation Corps projects, and activities to be provided and workforce development outcomes sought, through those projects; and
“(B) to establish specific performance accountability measures for evaluating Civilian Conservation Corps projects; and
“(2) enter into a contract or cooperative agreement with the National Association of Service and Conservation Corps to develop recommendations for the standards and measures described in paragraph (1).”
Sec. 7 Temporary waiver of ski area permit and rental fees during the COVID–19 pandemic
Sec. 8 Temporary waiver of outdoor recreation land use permit fees
Sec. 9 Workforce training
Sec. 10 Reforestation
“(d) Reforestation by Secretary of Agriculture—The Secretary”
“(2) 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;
“(3) to carry out the Reforest America Grant Program established under section 6 of the Cooperative Forestry Assistance Act of 1978; and”
“(e) Reforestation by Secretary of the Interior—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.
“(f) Reforestation
“(1) Definition of connectivity—In this subsection, the term “connectivity” means the degree to which the landscape facilitates native species movement.
“(2) Reforestation
“(A) In general—Reforestation under subsections (d)(2) and (e) shall consist of ecologically based site preparation, tree planting, and subsequent management using practices that—
“(i) are informed by climate change science and the importance of spatial pattern;
“(ii) enhance forest health, resilience, and biodiversity; and
“(iii) reduce vulnerability to future forest mortality and catastrophic wildfire.
“(B) Post-wildfire reforestation—In the case of reforestation under subsections (d)(2) and (e), sums available in the Trust Fund shall not be used—
“(i) for post-wildfire salvage logging; or
“(ii) in any area that has been salvage logged during the preceding 10-year period.
“(3) Priority—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—
“(A) 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;
“(B) that will restore and maintain resilient landscapes;
“(C) on land on which the planting provides increased habitat connectivity for wildlife; and
“(D) that will provide the largest potential long-term increase in carbon sequestration.
“(g) Mandatory funding—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.”
“6. Reforest America Grant Program
“(a) Definitions—In this section:
“(1) Community of color—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—
“(A) not less than 50 percent; or
“(B) is significantly higher than the State average.
“(2) Eligible cost—The term “eligible cost” means, with respect to a project of an eligible entity under the Program—
“(A) the cost of implementing a reforestation project, including by—
“(i) planning and designing the reforestation activity, including considering relevant science;
“(ii) establishing tree nurseries;
“(iii) purchasing trees; and
“(iv) ecologically based site preparation, including the labor and cost associated with the use of machinery;
“(B) the cost of maintaining and monitoring planted trees for a period of up to 3 years to ensure successful establishment of the trees;
“(C) 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
“(D) any other relevant cost, as determined by the Secretary.
“(3) Eligible entity—The term eligible entity means—
“(A) a State agency;
“(B) a local governmental entity;
“(C) an Indian Tribe; and
“(D) a nonprofit organization.
“(4) Eligible land
“(A) In general—The term “eligible land” means—
“(i) land owned in fee simple by an eligible entity—
“(I)
“(aa) 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
“(bb) that is in need of active reforestation due to events such as—
“(AA) high intensity wildfire;
“(BB) pest infestation;
“(CC) invasive species; and
“(DD) drought and other extreme weather; or
“(II) that was formerly forest land and has been abandoned or incompletely reclaimed from mining, commercial development, clearing for agriculture, or other nonforest use; and
“(ii) 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.
“(B) Exclusion—The term “eligible land” does not include land on which the eligible entity conducted a timber harvest—
“(i) not later than 5 years before the date on which the eligible entity submits an application under subsection (c); and
“(ii) that resulted in a forest stocking level described in subparagraph (A)(i)(I)(aa).
“(5) Indian Tribe—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).
“(6) Local governmental entity—The term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions.
“(7) Low income community—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)).
“(8) Nonprofit organization—The term nonprofit organization means an organization that—
“(A) is described in section 170(h)(3) of the Internal Revenue Code of 1986; and
“(B) operates in accordance with 1 or more of the purposes described in section 170(h)(4)(A) of that Code.
“(9) Program—The term Program means the Reforest America Grant Program established under subsection (b)(1).
“(10) Secretary—The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
“(11) Urban area—The term urban area means an area identified by the Bureau of the Census as an “urban area” in the most recent census.
“(b) Establishment
“(1) In general—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.
“(2) Reforestation—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.
“(c) Applications
“(1) In general—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—
“(A) the State forester or equivalent official of the State in which the eligible entity is located; or
“(B) in the case of an eligible entity that is an Indian Tribe, an official of the governing body of the Indian Tribe.
“(2) Contents—An application submitted under paragraph (1) shall include—
“(A) 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;
“(B) the natural, economic, and environmental benefits of returning the eligible land to forested condition;
“(C) an estimate of the annual carbon sequestration that will be achieved by the replanted forests, using processes determined by the Secretary;
“(D) a reforestation plan that includes—
“(i) a list of expected eligible costs;
“(ii) a description of the site preparation and the tree species to be planted;
“(iii) 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;
“(iv) an explanation of the manner in which the land will be maintained for 36 months after planting to ensure successful establishment; and
“(v) 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;
“(E) in the case of an application for an urban reforestation project under subsection (e)—
“(i) a description of the manner in which the tree planting shall address disparities in local environmental quality, such as lower tree canopy cover; and
“(ii) a description of the anticipated community and stakeholder engagement in the project; and
“(F) any other relevant information required by the Secretary.
“(3) Applications to 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.
“(d) Priority
“(1) Definition of connectivity—In this subsection, the term “connectivity” means the degree to which the landscape facilitates native species movement.
“(2) Priority—In awarding grants under the Program, the Secretary shall give priority—
“(A) to projects that provide the largest potential increase in carbon sequestration per dollar;
“(B) to projects that provide increased habitat connectivity for wildlife;
“(C) 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
“(D) in the case of urban reforestation projects under subsection (e), to projects that—
“(i) are located in a community of color or a low-income community;
“(ii) are located in a neighborhood with poor local environmental quality, including lower tree canopy cover and higher maximum daytime summer temperatures;
“(iii) are located in a neighborhood with high amounts of senior citizens or children;
“(iv) are located immediately adjacent to large numbers of residents;
“(v) 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
“(vi) 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.
“(e) Urban reforestation
“(1) In general—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—
“(A) 5,000,000 trees in each of calendar years 2022 through 2024;
“(B) 10,000,000 trees in each of calendar years 2025 through 2028; and
“(C) 15,000,000 trees in calendar year 2029 and each calendar year thereafter.
“(2) Federal share—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.
“(3) Matching requirement—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.
“(f) Prohibited conversion to nonforest use
“(1) In general—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.
“(2) Reimbursement of funds—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—
“(A) the amount of the grant; and
“(B) the current appraised value of timber stocks on that land.
“(3) Loss of eligibility—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.
“(g) Costs
“(1) Federal share—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.
“(2) Matching requirement—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.
“(h) Planting survival—An eligible entity that receives a grant under the Program shall—
“(1) 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
“(2) 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.
“(i) Prevailing wage requirement—Any contractor or subcontractor entering into a service contract in connection with a project under the Program shall—
“(1) 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
“(2) 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.
“(j) Report—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.
“(k) Funding
“(1) In general—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.
“(2) Administrative costs and technical assistance—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.”
Sec. 11 Conservation Stewardship Program
“(B) Climate stewardship practice—The term climate stewardship practice means any of the following practices:
“(i) Alley cropping.
“(ii) Biochar incorporation.
“(iii) Conservation cover.
“(iv) Conservation crop rotation.
“(v) Contour buffer strips.
“(vi) Contour farming.
“(vii) Cover crops.
“(viii) Critical area planting.
“(ix) Cross wind trap strips.
“(x) Field borders.
“(xi) Filter strips.
“(xii) Forage and biomass planting, including the use of native prairie seed mixtures.
“(xiii) Forest stand improvements.
“(xiv) Grassed waterways.
“(xv) Hedgerow planting.
“(xvi) Herbaceous wind barriers.
“(xvii) Multistory cropping.
“(xviii) Nutrient management, including nitrogen stewardship activities.
“(xix) Prescribed grazing.
“(xx) Range planting.
“(xxi) Residue and tillage management with no till.
“(xxii) Residue and tillage management with reduced till.
“(xxiii) Riparian forest buffers.
“(xxiv) Riparian herbaceous buffers.
“(xxv) Silvopasture establishment.
“(xxvi) Stripcropping.
“(xxvii) Tree and shrub establishment, including planting for a high rate of carbon sequestration.
“(xxviii) Upland wildlife habitat.
“(xxix) Vegetative barriers.
“(xxx) Wetland restoration.
“(xxxi) Windbreak renovation.
“(xxxii) Windbreaks and shelterbelts.
“(xxxiii) Woody residue treatment.
“(xxxiv) Any other vegetative or management conservation activity that significantly—
“(I) reduces greenhouse gas emissions;
“(II) increases carbon sequestration; or
“(III) enhances resilience to increased weather volatility.”
“(C) conservation activities relating to climate stewardship practices.”
“(vi) $6,000,000,000 for fiscal year 2024; and
“(vii) $7,000,000,000 for each of fiscal years 2025 through 2030.”
“(k) Funding for climate stewardship practices—Of the funds made available under subsection (a)(3)(B), the Secretary shall set aside the following amounts to be used exclusively to enroll in the conservation stewardship program contracts comprised predominantly of conservation activities relating to climate stewardship practices (as defined in section 1240L(d)(1)) or bundles of practices comprised predominantly of conservation activities relating to climate stewardship practices (as so defined):
“(1) $1,000,000,000 for fiscal year 2021.
“(2) $2,000,000,000 for fiscal year 2022.
“(3) $3,000,000,000 for fiscal year 2023.
“(4) $4,000,000,000 for fiscal year 2024.
“(5) $5,000,000,000 for each of fiscal years 2025 through 2030.”