1. Short title
This Act may be cited as the “Land Restoration and Resiliency Act of 2023”.
Land Restoration and Resiliency Act of 2023
A BILL
To require the Director of the United States Fish and Wildlife Service to enter into an agreement with the National Fish and Wildlife Foundation to establish the Community Resilience and Restoration Fund.
2. Establishment of Community Resilience and Restoration Fund
Establishment— Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—
improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;
to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;
to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;
to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands;
to support the health of restoration and resilience lands for the benefit of present and future generations;
to foster innovative, nature-based solutions that help meet the goals of this section; and
to enhance the Nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.
Management of the Fund— The Foundation shall manage the Fund—
pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and
in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—
ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and
avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—
the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or
other coastal management focused programs.
Competitive grants—
In general— To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.
Proposals— The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.
Use of Amounts in the Fund—
Planning— Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.
Administrative costs— Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.
Priority— Not less than 10 percent of the funds appropriated in a fiscal year to the Fund or $10,000,000 (whichever is the lesser amount) shall be awarded in such fiscal year to support eligible projects and activities for Indian Tribes.
Coordination— The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.
Reports—
Annual Reports— Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—
an accounting of expenditures made under the Fund, including leverage and match where applicable;
an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and
measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.
5-Year Reports— Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—
a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;
a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—
lands treated for invasive species;
lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire-management techniques; and
lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;
key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;
best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;
information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to section 6; and
any other information that the Foundation considers relevant.
Submission of Reports to Congress— Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.
Authorization of Appropriations— There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2024 through 2029 to carry out this section.
Definitions— For purposes of this section:
The term eligible entity means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a nonprofit organization, or an accredited institution of higher education.
The term eligible projects and activities means projects and activities carried out by an eligible entity on public lands, tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or tribal departments or agencies, or any department or agency of a subdivision of a State.
The term Foundation means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
The term Fund means the Community Resilience and Restoration Fund established under subsection (a).
The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
The term restoration and resilience lands means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparal lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.
The term public lands means lands owned or controlled by the United States.
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
The term State means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.