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H.R. 4166: SHADE Act


The text of the bill below is as of Jun 24, 2021 (Introduced).


I

117th CONGRESS

1st Session

H. R. 4166

IN THE HOUSE OF REPRESENTATIVES

June 24, 2021

(for herself, Ms. Barragán, Mr. Blumenauer, Mr. Bowman, Ms. Bush, Mr. Carson, Ms. Chu, Ms. Clarke of New York, Mr. Cleaver, Mr. Cohen, Mr. Evans, Mrs. Hayes, Mr. Huffman, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Jones, Ms. Kaptur, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Lowenthal, Ms. Matsui, Ms. Meng, Ms. Newman, Ms. Norton, Ms. Ocasio-Cortez, Mr. Pocan, Mr. Quigley, Mr. Raskin, Mr. Sires, Mr. Soto, Ms. Strickland, Mr. Suozzi, Ms. Tlaib, Ms. Velázquez, Ms. Williams of Georgia, Ms. Wilson of Florida, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To direct the Secretary of Housing and Urban Development to establish a grant program for planting of qualifying trees in eligible areas, and for other purposes.

1.

Short title

This Act may be cited as the Saving Hazardous And Declining Environments Act or the SHADE Act.

2.

Tree planting grant program

(a)

Establishment

The Secretary of Housing and Urban Development, in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish a grant program under which the Secretary shall award grants to eligible entities to plant qualifying trees in eligible areas.

(b)

Applications

(1)

In general

An eligible entity that seeks to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

(2)

Contents

An application submitted under paragraph (1) shall include a 5-year timeline and budget for the planting and maintenance associated with any qualifying trees awarded.

(3)

Community involvement

The Secretary shall require eligible entities to develop a public participation plan to ensure that residents of the area in which a project is to be implemented are involved in decision-making about the project and such public participation plan may include—

(A)

opportunities for local non-profits to be involved;

(B)

opportunities for public input; and

(C)

demonstrated support from the community.

(c)

Selection

(1)

In general

The Secretary shall determine which eligible entities shall receive a grant under this section.

(2)

Priority

When awarding grants under subsection (a), the Secretary shall give priority to eligible entities that, as determined by the Secretary, have or are likely to develop a housing policy plan designed to avoid the displacement of current residents, including a plan for new housing development or a plan for increasing property value in the eligible area.

(d)

Use of amounts

An eligible entity that receives a grant under subsection (a) shall use amounts provided to cover costs associated with—

(1)

implementing the tree planting project in an eligible area, including—

(A)

planning and designing the planting activity;

(B)

purchasing qualifying trees; and

(C)

preparing the site and conducting planting, including the labor and cost associated with the use of machinery;

(2)

maintaining and monitoring planted trees for a period of up to 5 years to ensure successful establishment of the qualifying trees;

(3)

training activities associated with the project; and

(4)

other relevant costs, as determined by the Secretary.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2022 through 2032.

(f)

Definitions

In this section:

(1)

Eligible entity

The term eligible entity means—

(A)

a State, Territory, or Tribal agency;

(B)

a local government entity;

(C)

an Indian Tribe; and

(D)

a nonprofit organization.

(2)

Eligible areas

The term eligible area means a redlined area or an overburdened area.

(3)

Limited English proficiency household

The term limited English proficiency household means that a household does not have an adult that speaks English very well as determined by the United States Census Bureau.

(4)

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).

(5)

Local governmental entity

The term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions.

(6)

Overburdened area

The term overburdened area means, as determined by the Secretary, an area where—

(A)

35 percent or more of households qualify as low-income households;

(B)

40 percent or more of residents identify as a minority or as members of a State-recognized tribal community; or

(C)

40 percent or more of households are limited English proficiency households.

(7)

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 one or more of the purposes described in section 170(h)(4)(A) of that Code.

(8)

Qualifying tree

The term qualifying tree means a tree that—

(A)

is a species that is not an invasive species in the eligible area in which such tree is to be planted; and

(B)

is not a species that is, in the eligible area at the time of planting, being attacked by an invasive species, unless the eligible entity has a plan to limit the risk of death of the tree to be planted.

(9)

Redlined area

The term redlined area means, as determined by the Secretary—

(A)

a census tract graded as hazardous or definitely declining in maps drawn by the Home Owners’ Loan Corporation that are, as of the date of enactment of this Act, low-income communities; and

(B)

a census tract that was designated for non-White citizens in jurisdictions that historically had racially segregated zoning codes and are, as of the date of enactment of this Act, low-income communities.

(10)

Secretary

The term Secretary means the Secretary of Housing and Urban Development.