16 U.S.C. § 6592d: Joint Chiefs Landscape…

Summary

Creates a Joint Chiefs Landscape Restoration Partnership program to make forests healthier and more resilient across National Forest land and nearby State, Tribal, and private lands. The program pays for projects that lower wildfire risk, protect water quality and supply, or improve habitat for species at risk. The Forest Service and the Natural Resources Conservation Service (NRCS) work together to run the program. Each year the Regional Forester and the State Conservationist send project proposals to the two Chiefs. The Chiefs pick projects using criteria like reducing wildfire risk in watersheds or the wildland-urban interface, using collaborative planning, building local forest workforce or businesses, matching other funds, showing measurable results, and supporting state or regional priorities. The program must give public notice online and share information with States, Tribes, local governments, and private landowners. Projects may not take place in wilderness areas, inventoried roadless areas, federal lands where removing vegetation is banned, or places that conflict with land management plans. The Secretary must report to Congress within 1 year after November 15, 2021, on funding, staffing, privacy, data, monitoring, and related issues. The Chiefs must also report on funded projects and results for fiscal years 2022 and 2023. Congress authorized $90,000,000 for each of fiscal years 2022 and 2023. At least 40% of those funds go to NRCS, at least 40% go to the Forest Service, and the rest the Chiefs may split or use for things like technical help. Funds stay available until spent. The program may also use funds from the earlier Joint Chiefs partnership. Chiefs — the Chief of the Forest Service and the Chief of the NRCS. Eligible activity — actions to reduce wildfire risk, protect water, or improve habitat for at-risk species. Program — the Joint Chiefs Landscape Restoration Partnership program. Secretary — the Secretary of Agriculture. Wildland-urban interface — defined by section 6511 of this title.

Title 16, §6592d

Conservation, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Chiefs

(2)Eligible activity

The term “eligible activity” means an activity—

(A)to reduce the risk of wildfire;

(B)to protect water quality and supply; or

(C)to improve wildlife habitat for at-risk species.

(3)Program

The term “Program” means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1).

(4)Secretary

The term “Secretary” means the Secretary of Agriculture.

(5)Wildland-urban interface

The term “wildland-urban interface” has the meaning given the term in section 6511 of this title.

(b)Establishment

(1)In general

The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land.

(2)Administration

The Secretary shall administer the Program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest landscape to improve the health and resilience of the forest landscape by—

(A)assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conservation Service under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title (16 U.S.C. 3831 et seq.); and

(B)conducting eligible activities on National Forest System land or assisting landowners in implementing eligible activities on State, Tribal, or private land using the applicable programs and authorities administered by the Chief of the Forest Service.

(c)Selection of eligible activities

The appropriate Regional Forester and State Conservationist shall jointly submit to the Chiefs on an annual basis proposals for eligible activities under the Program.

(d)Evaluation criteria

In evaluating and selecting proposals submitted under subsection (c), the Chiefs shall consider—

(1)criteria including whether the proposal—

(A)reduces wildfire risk in a municipal watershed or the wildland-urban interface;

(B)was developed through a collaborative process with participation from diverse stakeholders;

(C)increases forest workforce capacity or forest business infrastructure and development;

(D)leverages existing authorities and non-Federal funding;

(E)provides measurable outcomes; or

(F)supports established State and regional priorities; and

(2)such other criteria relating to the merits of the proposals as the Chiefs determine to be appropriate.

(e)Outreach

The Secretary shall provide—

(1)public notice on the websites of the Forest Service and the Natural Resources Conservation Service describing—

(A)the solicitation of proposals under subsection (c); and

(B)the criteria for selecting proposals in accordance with subsection (d); and

(2)information relating to the Program and activities funded under the Program to States, Indian Tribes, units of local government, and private landowners.

(f)Exclusions

An eligible activity may not be carried out under the Program—

(1)in a wilderness area or designated wilderness study area;

(2)in an inventoried roadless area;

(3)on any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; or

(4)in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan.

(g)Accountability

(1)Initial report

Not later than 1 year after November 15, 2021, the Secretary shall submit to Congress a report providing recommendations to Congress relating to the Program, including a review of— (A)

(B)staff capacity to carry out the Program;

(C)privacy laws applicable to the Program;

(D)data collection under the Program;

(E)monitoring and outcomes under the Program; and

(F)such other matters as the Secretary considers to be appropriate.

(2)Additional reports

For each of fiscal years 2022 and 2023, the Chiefs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects.

(h)Funding

(1)Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023.

(2)Additional funds

In addition to the funds described in paragraph (1), the Secretary may obligate available funds from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to November 15, 2021, to carry out the Program.

(3)Duration of availability

Funds made available under paragraph (1) shall remain available until expended.

(4)Distribution of funds

Of the funds made available under paragraph (1)—

(A)not less than 40 percent shall be allocated to carry out eligible activities through the Natural Resources Conservation Service;

(B)not less than 40 percent shall be allocated to carry out eligible activities through the Forest Service; and

(C)the remaining funds shall be allocated by the Chiefs to the Natural Resources Conservation Service or the Forest Service—

(i)to carry out eligible activities; or

(ii)for other purposes, such as technical assistance, project development, or local capacity building.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Food Security Act of 1985, referred to in subsec. (b)(2)(A), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of this title. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of this title. For complete classification of this Act to the Code, see

Short Title

of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables. Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. Definitions For definition of “Indian Tribe” as used in this section, see section 5304 of Title 25, Indians, as made applicable by section 18701(2) of Title 42, The Public Health and Welfare.

§6592d Joint Chiefs Landscape Restoration Partnership Program