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Referenced Laws
25 U.S.C. 5304
section 170(h)(3)
Section 1
1. Short title This Act may be cited as the Saving Hazardous And Declining Environments Act or the SHADE Act.
Section 2
2. Tree planting grant program The Secretary of Housing and Urban Development, in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, not later than 180 days after any amounts are appropriated under subsection (f), establish a grant program under which the Secretary shall award grants to eligible entities to plant qualifying trees in eligible areas. The Secretary shall, not later than 180 days after the date of the enactment of this Act, publish a notice of funding opportunity for the grant program established under subsection (a). 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. 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. 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— opportunities for local nonprofits to be involved; opportunities for public input; and demonstrated support from the community. When awarding grants under subsection (a), the Secretary shall give priority to eligible entities that, as determined by the Secretary, have a housing policy plan that will minimize the displacement of current residents. An eligible entity that receives a grant under subsection (a) shall use amounts provided to cover costs associated with— implementing the tree planting project in an eligible area, including— planning and designing the planting activity; purchasing qualifying trees; and preparing the site and conducting planting, including the labor and cost associated with the use of machinery; maintaining and monitoring planted trees for a period of up to 5 years to ensure successful establishment of the qualifying trees; training activities associated with the project; and other relevant costs, as determined by the Secretary. There are authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2026 through 2036. In this section: The term eligible entity means— a State, Territory, or Tribal agency; a local government entity; an Indian Tribe; and a nonprofit organization that works with a State, Territory, or Tribal agency, a local government entity, or an Indian Tribe. The term eligible area means a redlined area or an intra-urban heat island effect area. 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). The term intra-urban heat island effect area means an area within a city that, as determined by the Secretary in coordination with the Director of the National Oceanic and Atmospheric Administration and the heads of other agencies as the Secretary determines appropriate, has lower tree canopy coverage and higher maximum daytime summer temperatures compared to adjacent or nearby areas within the same city. The term local governmental entity means any municipal government or county government with jurisdiction over local land use decisions. The term nonprofit organization means an organization that is described in section 170(h)(3) of the Internal Revenue Code of 1986. The term qualifying tree means a tree that— is a species that is not an invasive species in the eligible area in which such tree is to be planted; and 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. The term redlined area means 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. The term Secretary means the Secretary of Housing and Urban Development.