August 6, 2026
Mr. Neguse (for himself, Mr. Huffman, Ms. Craig, Ms. Salinas, Mr. Whitesides, and Ms. Pettersen) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Small Business, Science, Space, and Technology, Energy and Commerce, Education and Workforce, Veterans' Affairs, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To address wildfire readiness and recovery, safe communities, and wildland firefighter safety.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Wildfire Response and Readiness Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Division A RESILIENT LANDSCAPES
Title I NATIONAL PRESCRIBED FIRE PROGRAM
Sec. 11001. Definitions
In this title:
(1) Congressional committees
The term congressional committees means—
(A)
the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives.
(2) Federal land
The term Federal land means—
(A)
land under the jurisdiction of the Secretary of the Interior; and
(B)
National Forest System land.
(3) Indian Tribe
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Landscape-scale prescribed fire plan
The term landscape-scale prescribed fire plan means a decision document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that—
(A)
covers a unit of the National Forest System, a Bureau of Land Management district, or a subunit of such a unit or district;
(B)
analyzes the site-specific environmental consequences of prescribed fire on land described in subparagraph (A); and
(C)
obviates the need for subsequent decisions pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the unit, district, or subunit described in subparagraph (A).
(5) National Forest System
(A) In general
The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusions
The term National Forest System does not include the national grasslands or land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
(6) Prescribed fire
The term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state—
(A)
under specified environmental conditions that are intended to allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives; and
(B)
in accordance with applicable law (including regulations).
(7) Secretaries
The term Secretaries means—
(A)
the Secretary of the Interior; and
(B)
the Secretary of Agriculture.
(8) Secretary concerned
The term Secretary concerned means—
(A)
the Secretary of the Interior, in the case of land under the jurisdiction of the Secretary of the Interior; and
(B)
the Secretary of Agriculture, in the case of land under the jurisdiction of the Secretary of Agriculture.
Subtitle A Uses of Funds
Sec. 11101. Definition of prescribed fire
In this subtitle, the term prescribed fire has the meaning given the term in section 11001, except that in this subtitle the term does not include a fire that is ignited for the primary purpose of pile burning.
Sec. 11102. Prescribed fire funding
(a) Funding flexibility
(1) Department of agriculture
The Secretary of Agriculture may use not more than 15 percent of funds appropriated for each fiscal year for hazardous fuels management in the National Forest System for activities described in subsection (b).
(2) Department of the interior
The Secretary of the Interior may use not more than 15 percent of funds appropriated for each fiscal year for hazardous fuels management and post-fire activities in the account for wildland fire management of the Department of the Interior for activities described in subsection (b).
(b) Description of activities
The activities referred to in subsection (a) are—
(1)
with respect to prescribed fires on Federal land, or on non-Federal land if the Secretary concerned determines that such activities would benefit resources on Federal land—
(A)
entering into procurement contracts or cooperative agreements for prescribed fire activities;
(B)
issuing grants to a State, Tribal Government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the implementation of prescribed fires, including—
(i)
carrying out necessary environmental reviews;
(ii)
carrying out any site preparation necessary for implementing prescribed fires; and
(iii)
conducting any required pre-ignition cultural or environmental surveys; and
(C)
conducting outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners;
(2)
implementing prescribed fires on non-Federal land, if the Secretary concerned determines that the prescribed fire would benefit Federal land, including—
(A)
carrying out necessary environmental reviews;
(B)
carrying out any site preparation necessary for implementing prescribed fires; and
(C)
conducting any required pre-ignition cultural and environmental surveys;
(3)
providing to Federal employees and cooperators training for prescribed fire and basic smoke management practices;
(4)
conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management;
(5)
providing technical or financial assistance to a State, Tribal Government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the purpose of providing training for prescribed fire or basic smoke management practices, consistent with any standards developed by the National Wildfire Coordinating Group or State prescribed fire standards; and
(6)
providing funding for the applicable Collaborative Prescribed Fire Program established under section 11104.
(c) Prioritization
(1) In general
Subject to paragraph (2), the Secretary concerned shall coordinate with the other Secretary concerned, State and local government agencies, Indian Tribes, and applicable nongovernmental organizations to establish prioritization criteria for expending amounts pursuant to subsection (a) for activities described in paragraphs (2), (5), and (6) of subsection (b).
(2) Requirement
In establishing criteria under paragraph (1), the Secretary concerned shall give priority to a project that is—
(A)
implemented across a large contiguous area;
(B)
cross-boundary in nature;
(C)
in an area that is—
(i)
within or adjacent to the wildland-urban interface and identified as a priority area in a statewide forest action plan or Community Wildfire Protection Plan; or
(ii)
identified as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe;
(D)
on land that is at high or very high risk of experiencing a wildfire that would be difficult to suppress;
(E)
in an area that is designated as critical habitat and in need of ecological restoration or enhancement that can be achieved with the aid of prescribed fire; or
(F)
supportive of potential operational delineations or strategic response zones.
Sec. 11103. Policies and practices
(a) Increasing prescribed fire
Beginning with the first fiscal year that begins after the date of enactment of this Act, and for each of the 9 fiscal years thereafter, the Secretaries shall conduct prescribed fires on Federal land such that the total acreage of Federal land on which prescribed fires are conducted is 10 percent greater than the total acreage of all Federal land on which prescribed fires were conducted during the preceding fiscal year.
(b) Operational strategy
The Secretary concerned shall develop, in coordination with State, local, and Tribal governments, a prescribed fire operational strategy for each region of the National Forest System or the Department of the Interior, as applicable, that describes—
(1)
the fire deficit by region; and
(2)
staffing and funding needs to address the fire deficit under paragraph (1).
Sec. 11104. Collaborative prescribed fire program
(a) In general
The Secretary concerned, in coordination with the other Secretary concerned, shall establish a Collaborative Prescribed Fire Program (referred to in this section as the program
) to select and fund prescribed fire projects (each of which is referred to in this section as a project
) in accordance with—
(1)
the prioritization criteria established under section 11102(c);
(2)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(4)
the applicable land use or land management plan; and
(5)
any other applicable law.
(b) Eligibility criteria
To be eligible for nomination under subsection (c), a proposal for a project shall—
(1)
be consistent with a landscape restoration strategy—
(A)
that is complete or substantially complete;
(B)
that identifies and prioritizes prescribed fire treatments for a 10-year period within a landscape that is—
(i)
not less than 50,000 acres;
(ii)
composed primarily of forested Federal land under the jurisdiction of the Secretary concerned, but may also include other Federal, State, Tribal, or private land, if a treatment on that land would benefit the applicable Federal land; and
(iii)
in need of—
(I)
active ecosystem restoration; or
(II)
maintenance activities to retain previously treated land in a wildfire-resilient state;
(C)
that incorporates the best available science and scientific application tools to identify project areas;
(D)
that fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type—
(i)
taking into account the contribution of the stand to landscape fire adaptation and watershed health; and
(ii)
retaining the large trees contributing to old growth structure;
(E)
under which would be carried out any forest restoration treatments that reduce hazardous fuels through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate, which—
(i)
may include site preparation, if necessary to prepare the landscape for reestablishment of a natural fire regime; and
(ii)
shall maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and
(F)
under which—
(i)
no permanent roads would be established; and
(ii)
funding would be committed to decommission all temporary roads constructed to carry out the strategy;
(2)
be developed and implemented through a collaborative process that—
(A)
includes multiple interested persons representing diverse interests; and
(B)
is transparent and nonexclusive;
(3)
describe plans, as applicable—
(A)
to reduce the risk of uncharacteristic wildfire;
(B)
to improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;
(C)
to maintain or improve water quality and watershed function;
(D)
to prevent, remediate, or control invasions of exotic species;
(E)
to maintain, decommission, and rehabilitate roads and trails;
(F)
to report annually on performance, including setting accomplishment targets for each year;
(G)
to take into account any applicable community wildfire protection plan; and
(H)
to mitigate smoke impacts on nearby communities;
(4)
include an analysis of any anticipated cost savings, including savings resulting from—
(A)
a reduced risk of wildfire damages, especially to high-value resources; and
(B)
a decrease in the unit costs of implementing ecological restoration treatments over time;
(5)
include estimates of—
(A)
the amount of annual Federal funding necessary to implement the proposed project; and
(B)
the amount of new non-Federal investment for carrying out the proposed project that would be leveraged;
(6)
describe the collaborative process described in paragraph (2) through which the proposal was developed, including a description of—
(A)
participation by, or consultation with, State, local, and Tribal governments; and
(B)
any established record of successful collaborative planning and implementation of prescribed fire projects on National Forest System land and other land included in the proposal by the collaborators;
(7)
propose to benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for planning, design, implementation, or monitoring with—
(A)
local private, nonprofit, or cooperative entities;
(B)
Youth Conservation Corps crews or related partnerships with State, local, and nonprofit youth groups;
(C)
existing or proposed small or micro businesses, clusters, or incubators; or
(D)
other entities that will hire or train local individuals to complete those contracts, grants, or agreements; and
(8)
be subject to any other requirements that the Secretary concerned determines to be necessary for the efficient and effective administration of the program.
(c) Nomination process
(1) Submission
A proposal for a project shall be submitted to the appropriate Regional Forester, State Director, or other similar official.
(2) Nomination
(A) In general
An official described in paragraph (1) may nominate for selection by the Secretary concerned any proposals received by the official under that paragraph that meet the eligibility criteria described in subsection (b).
(B) Concurrence
In the case of a proposal for a project that involves activities on the land of both Secretaries, a nomination under subparagraph (A) shall include the concurrence of the appropriate official for the applicable land that is not under the jurisdiction of the official nominating the proposal.
(3) Other land
In the case of a proposal for a project that involves activities on land that is not under the jurisdiction of either Secretary concerned, a nomination under subparagraph (A) shall include evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the activities.
(d) Selection process
(1) In general
The Secretary concerned, in consultation with the other Secretary concerned, shall select for implementation proposals for projects—
(A)
that have been nominated under subsection (c)(2);
(B)
that meet the eligibility criteria described in subsection (b); and
(C)
in accordance with the prioritization criteria established under section 11102(c).
(2) Criteria
In selecting proposals under paragraph (1), the Secretary concerned shall give special consideration to—
(A)
the strength of the proposal, including the landscape restoration strategy described in subsection (b)(1) of the proposal;
(B)
the strength of the ecological case of the proposal and the proposed ecological restoration strategies under the proposal;
(C)
the strength of the collaborative process described in subsection (b)(2) through which the proposal was developed and the likelihood of successful collaboration throughout implementation;
(D)
the extent to which the proposal is likely to achieve reductions in long-term wildfire risk and increased protection of high-value resources;
(E)
the extent to which an appropriate level of non-Federal investment would be leveraged in carrying out the proposed project; and
(F)
ensuring geographic diversity of projects implemented under this section.
(3) Limitation
The Secretary concerned may select not more than—
(A)
20 proposals under paragraph (1) to be funded during any fiscal year; and
(B)
the number of proposals under paragraph (1) that the Secretary concerned determines are likely to receive adequate funding.
(e) Reporting
(1) Project reporting
A recipient of financial assistance to carry out a project under the program shall annually submit to the Secretary concerned a report summarizing, at a minimum, with respect to the year covered by the report—
(A)
the number of acres of land treated with prescribed fire by the recipient under the program; and
(B)
the amount of Federal and non-Federal funds used by the recipient under the program.
(2) Program report
Not later than 5 years after the first fiscal year in which funding is made available to carry out projects under the program, and every 5 years thereafter, the Secretary concerned shall submit to the congressional committees a report describing the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this section.
(f) Limitations
(1) Total funding
The Secretary concerned shall not provide more than $20,000,000 in total funding for projects under the program in any fiscal year.
(2) Project size limitation
The Secretary concerned shall not provide more than $1,000,000 for any 1 project under the program in any fiscal year.
(3) Project sunset
The Secretary concerned shall not provide funding for a project under the program for a period of more than 10 fiscal years.
(4) Project cancellation
The Secretary concerned shall cease funding any project under the program that, for 3 consecutive years, fails to meet the annual accomplishment targets set under subsection (b)(3)(F).
(g) Funding
Of the amounts made available under section 11102(a), the Secretary concerned may use to carry out this section not more than $10,000,000 for each of fiscal years 2027 through 2036.
Subtitle B Facilitating Implementation and Outreach
Sec. 11201. Cooperative agreements and contracts
(a) Definition of eligible entity
In this section, the term eligible entity means—
(1)
a State;
(2)
an Indian Tribe;
(3)
a county or municipal government;
(4)
a fire district;
(5)
a nongovernmental organization; and
(6)
a private entity.
(b) Authorization
The Secretary concerned may enter into a cooperative agreement or contract with an eligible entity to authorize the eligible entity to coordinate, plan, or conduct a prescribed fire on Federal land in accordance with other applicable laws, regulations, and land management plans.
(c) Subcontracts
The Secretary concerned may authorize a State, an Indian Tribe, or a county that enters into a cooperative agreement or contract under subsection (b) to enter into a subcontract to conduct a prescribed fire on Federal land pursuant to that cooperative agreement or contract, subject to any other terms and conditions that the Secretary concerned determines to be appropriate.
(d) Long-Term contracts
A cooperative agreement or contract with an eligible entity under subsection (b) may authorize the eligible entity to conduct a series of prescribed fires on Federal land for a period of not longer than 10 years.
Sec. 11202. Human resources
(a) Prescribed fire workforce
(1) Increasing workforce retention
(A) Hazard pay
(i) In general
Each Federal employee in any classification series, as identified by the Secretaries, shall be entitled to be paid the appropriate differential under section 5545(d) of title 5, United States Code, as if such employee was covered by such subsection, when such employee carries out work directly related to the ignition, management, and control of a prescribed fire.
(ii) Regulations
The Director of the Office of Personnel Management shall prescribe regulations to carry out this subparagraph.
(B) Incentive payments for fuels assignments
The Secretaries shall submit to the congressional committees a joint report describing mechanisms to attract and retain a skilled fuels workforce, including pay incentives that would account for and offset the more competitive pay options offered through wildfire suppression assignments.
(2) Dedicated prescribed fire task forces
(A) In general
The Secretaries shall—
(i)
not later than 180 days after the date of enactment of this Act, establish at least 1 multiparty task force of Federal employees and non-Federal entities within each Geographic Area Coordination Center to plan, lead, and support prescribed fire across ownership boundaries that are priorities at the landscape, region, State, or Federal level; and
(ii)
support each task force established under clause (i) by assigning a dedicated Federal employee—
(I)
to aid necessary administrative functions relating to partnership agreements; and
(II)
to coordinate prescribed fire across ownership boundaries.
(B) Cooperative agreements
The Secretaries may enter into 1 or more cooperative agreements to carry out this paragraph.
(3) Conversion of seasonal firefighters to permanent employees
The Secretaries may noncompetitively convert a Federal seasonal employee to a Federal permanent employee if—
(A)
the listed job duties of the employee include wildland firefighting;
(B)
the employee received a rating of at least Fully Successful
in each of the performance appraisals of the employee for the 3 most recent seasons of Federal employment of the employee; and
(C)
the job duties and performance standards of the position into which the permanent employee converts emphasize implementing prescribed fires.
(4) Employment of formerly incarcerated individuals
(A) In general
The Secretaries, in consultation with the Attorney General and State departments of corrections, shall seek to provide career pathways, training, and wraparound support services, including through partnerships with the Corps Network, to individuals described in subparagraph (B) to work as prescribed fire practitioners.
(B) Individuals described
An individual referred to in subparagraph (A) is an individual that—
(i)
has been convicted in any court of a criminal offense, other than arson or a violent crime (as defined by the Secretaries, in consultation with the Attorney General and State departments of corrections), and was sentenced to a term of imprisonment for that offense; and
(ii)
during the term of imprisonment described in clause (i), served on a wildland firefighting crew or received other comparable training.
(5) Underutilized employees
The Secretaries shall support the recruitment, development, and participation of underutilized employees, as determined by the Secretaries, in the wildland fire workforce, including by fostering leadership opportunities, mentorship networks, and training.
(6) Veterans crews
(A) In general
The Secretaries, in consultation with the Secretary of Veterans Affairs, shall seek—
(i)
to provide a career pathway to individuals described in subparagraph (B) to work as prescribed fire practitioners; and
(ii)
to establish crews composed predominantly of veterans to conduct prescribed fires.
(B) Individuals described
An individual referred to in subparagraph (A) is an individual who—
(i)
served in the active military, naval, or air service; and
(ii)
was discharged or released under conditions other than dishonorable.
(b) Additional training centers
Subject to the availability of appropriations, not later than 2 years after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the Secretary of Agriculture (and the Secretary of Defense in the case of a center located on a military installation), shall—
(1)
establish, operate, and facilitate a prescribed fire training program or center that offers training in prescribed fire within each Geographic Area Coordination Center region where such a program or center does not exist on the date of enactment of this Act; and
(2)
support the establishment of an Indigenous-led prescribed fire and cultural burning training center operated by an Indian Tribe or partnership of Indian Tribes.
(c) Competencies for firefighters
The Secretaries, in coordination with the Fire Executive Council, shall task the National Wildfire Coordinating Group with the duty to adjust training requirements to obtain a certification to serve in a supervisory role for a prescribed fire and any other positions determined to be necessary by the Secretaries—
(1)
in order to reduce the time required to obtain such a certification; and
(2)
such that significant experience, gained exclusively during a prescribed fire, is required to obtain such a certification.
(d) Enhancing interoperability between Federal and non-Federal practitioners
(1) Qualification databases and dispatch systems
The Secretaries shall establish a collaborative process to create mechanisms for non-Federal-agency fire practitioners to be included in prescribed fire and wildfire resource ordering and reimbursement processes.
(2) Partnership agreements
The Secretaries shall—
(A)
develop partnership agreements for prescribed fire with all relevant State, Federal, Tribal, university, and nongovernmental entities that choose to be included in resource ordering and reimbursement processes under paragraph (1);
(B)
create agreements and structures necessary to include non-Federal-agency and other nontraditional partners in direct work with Federal agencies to address prescribed fires; and
(C)
treat any prescribed fire practitioner meeting applicable National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.
Sec. 11203. Liability of prescribed fire managers
(a) Definitions
In this section:
(1) Covered activity
The term covered activity means an activity carried out on Federal land directly related to a wildland fire, prescribed fire, or prescribed fire with cultural objectives in the course of executing a Federal action.
(2) Covered entity
The term covered entity means a non-Federal entity engaged in a covered activity, if that non-Federal entity is acting—
(A)
under the direct supervision of a Federal employee; and
(B)
within the scope of a contract or agreement in carrying out that covered activity.
(b) Indemnity of Federal and Tribal employees
The Secretaries, in coordination with the Attorney General, shall develop, for employees involved in covered activities, a voluntary training course describing—
(1)
liability protections afforded to those employees when acting within the scope of their employment;
(2)
the limits on any liability protections under paragraph (1); and
(3)
reimbursements available for qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (5 U.S.C. prec. 5941 note).
(c) Indemnity of other cooperators
(1) In general
Beginning on the date of enactment of this Act, a covered entity shall be considered to be an employee of the Federal Government for purposes of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act
), while that covered entity is engaged in covered activities.
(2) Guidance
Not later than 1 year after the date of enactment of this Act, the Secretaries, in consultation with the Attorney General, shall issue guidance on the necessary provisions and implementation requirements for contracts or agreements that would extend liability protections to covered entities under paragraph (1).
(3) Reimbursement
Beginning in the first fiscal year that begins after the date of enactment of this Act, the Secretaries shall request, through annual appropriations, funds sufficient to reimburse the Treasury for any claims paid during the prior fiscal year pursuant to paragraph (1).
(d) Effect
Nothing in this section limits or otherwise affects—
(1)
the application of any statutory or judicial immunity to Federal employees;
(2)
the application of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act
), to Federal employees; or
(3)
the application of section 314 of Public Law 101–512 (25 U.S.C. 5321 note).
Sec. 11204. Environmental review
(a) Smoke management agencies
(1) Policy
The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection—
(A)
to facilitate greater use of prescribed fire; and
(B)
to address public health and safety, including impacts from smoke from wildfires and prescribed fires.
(2) Coordination among Federal, Tribal, and State air quality agencies and Federal, Tribal, and State land management agencies
To facilitate the use of prescribed fire on Federal, State, Tribal, and private land, the Administrator of the Environmental Protection Agency, in cooperation with Federal and State land management agencies, shall coordinate with State, Tribal, and local air quality agencies that regulate smoke under the Clean Air Act (42 U.S.C. 7401 et seq.)—
(A)
to the maximum extent practicable, to provide State, Tribal, and local air quality agencies with guidance, data, imagery, or modeling to support the development of exceptional event demonstrations in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations);
(B)
to develop archives and automated tools to provide State, Tribal, and local air quality agencies with the data, imagery, and modeling under subparagraph (A);
(C)
to develop decision support tools for State, Tribal, and local air quality agencies to assist in determining whether an exceptional event demonstration, if the Administrator of the Environmental Protection Agency concurs with such demonstration, would have regulatory significance;
(D)
to provide technical assistance, best practices, or templates to States, Indian Tribes, and local governments for use in approving the use of prescribed fire under a State, Tribal, or local government smoke management program;
(E)
(i)
to promote basic smoke management practices and other best practices to protect the public from wildland fire smoke;
(ii)
to disseminate information about basic smoke management practices;
(iii)
to educate landowners that use prescribed fire about the importance of—
(I)
using basic smoke management practices; and
(II)
including basic smoke management practices as a component of a prescribed fire plan; and
(iv)
to share with the public, in coordination with other public health agencies, information about measures that individuals can take to protect themselves from wildland fire smoke; and
(F)
to develop guidance and tools to streamline the demonstration of a clear causal relationship between prescribed fire smoke and a related exceedance of a national ambient air quality standard.
(3) Exceptional event demonstrations
(A) In general
The appropriate State or Tribal air quality agency (including any local air quality agency delegated authority by a State) may develop and submit to the Administrator of the Environmental Protection Agency an exceptional event demonstration in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations), for a prescribed fire.
(B) Approval
The Administrator of the Environmental Protection Agency shall concur with an exceptional event demonstration submitted under subparagraph (A) in accordance with the requirements of sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations). To meet requirement that the applicable prescribed fire was not reasonably controllable or preventable and that the applicable prescribed fire was a human activity unlikely to recur, the State or Tribal air quality agency shall demonstrate in that exceptional event demonstration that, at a minimum, the applicable prescribed fire was—
(i)
conducted in accordance with a State or Tribal smoke management program or basic smoke management practices; and
(ii)
consistent with a land or resource management plan with a stated objective to establish, restore, or maintain a sustainable and resilient ecosystem.
(C) Demonstration assistance for Federal land
For any prescribed fire conducted on Federal land, the Secretary concerned—
(i)
shall assist with the development of an exceptional event demonstration under subparagraph (A) on request of a State or Tribal air quality agency; and
(ii)
may develop and submit an exceptional event demonstration under subparagraph (A) with the concurrence of the applicable State or Tribal air quality agency.
(4) Programs and research
To address the public health and safety risk of the expanded use of prescribed fire under this title, the Secretaries, in coordination with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and Prevention, shall conduct research to improve or develop—
(A)
wildland fire smoke prediction models;
(B)
smoke impact display tools for the public and decisionmakers;
(C)
appropriate, cost-effective, and consistent strategies to mitigate the impacts of smoke from prescribed fire on nearby communities;
(D)
consistent nationally and scientifically supported messages regarding personal protection equipment for the public; and
(E)
prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability.
(b) Development of landscape-Scale Federal prescribed fire plans
(1) Inclusion of landscape-scale prescribed fire plans
The Secretary concerned shall, with respect to units of the National Forest System or Bureau of Land Management districts with existing prescribed fire programs—
(A)
not later than 1 year after the date of enactment of this Act, determine which of those units or districts have landscape-scale prescribed fire plans; and
(B)
not later than 2 years after the date of enactment of this Act—
(i)
determine whether each plan described in subparagraph (A) requires revision;
(ii)
establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and
(iii)
develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale prescribed fire plans.
(2) Environmental compliance
In carrying out paragraph (1), the Secretary concerned shall—
(A)
comply with—
(i)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(iii)
division A of subtitle III of title 54, United States Code; and
(iv)
any other applicable laws; and
(B)
consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection.
(3) Collaborative development
In carrying out paragraph (1), the Secretary concerned shall collaborate with diverse actors from academia, Forest Service and Bureau of Land Management research and development programs, nongovernmental organizations, cultural fire practitioners, and other entities, as determined appropriate by the Secretary concerned.
(4) Consultation with Indian Tribes
The Secretary concerned shall engage in government-to-government consultation with Indian Tribes in complying with this subsection.
(5) Reports
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall submit to Congress a report describing the progress of the Secretary concerned with respect to carrying out this subsection.
Sec. 11205. Prescribed fire education program
(a) In general
The Secretaries shall carry out a national prescribed fire education program focused on fire ecology and prescribed fire planning and implementation.
(b) Program elements
A prescribed fire education program under subsection (a) may include—
(1)
public service advertisements;
(2)
the use of social media;
(3)
campaign and educational activities and materials;
(4)
commercial licensing;
(5)
character images and appearances; and
(6)
awards and recognition.
Subtitle C Reporting
Sec. 11301. Annual reports to National Fire Planning and Operations Database
(a) Purpose
The purpose of this section is to ensure an accurate reporting of annual prescribed fire accomplishments in the United States.
(b) Cost-Share
Subject to the availability of appropriations, the Secretary of the Interior may provide financial assistance to States to pay a portion of the costs associated with annually reporting to the National Fire Planning and Operations Database (or a successor database) the prescribed fire accomplishments of the State.
(c) Eligibility for funds
If, by December 31 of a calendar year, a State has not submitted to the National Fire Planning and Operations Database (or a successor database) a report describing, at a minimum, the number of acres on which uncharacteristic wildfire risk is effectively mitigated using prescribed fire in the State, the State shall not be eligible to receive any amounts made available under this title for the previous fiscal year.
Sec. 11302. Annual implementation report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretaries shall each submit to the congressional committees a report describing the activities carried out under this title.
Title II RESTORATION, RECOVERY, AND REFORESTATION
Subtitle A Landscape restoration
Sec. 12101. Collaborative forest landscape restoration program reauthorization
Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended—
(1)
in subsection (b)(3)—
(A)
in subparagraph (D), by striking species;
and inserting species or pathogens;
;
(B)
in subparagraph (G), by striking and
at the end;
(C)
in subparagraph (H), by adding and
after the semicolon at the end; and
(D)
by adding at the end the following:
(I)
address standardized monitoring questions and indicators;;
(2)
in subsection (c)(3)(A)—
(A)
in clause (i), by striking and
at the end;
(B)
in clause (ii), by inserting and
at the end; and
(C)
by adding at the end the following:
(iii)
include a Federal Government staffing plan for providing support to collaboratives established pursuant to subsection (b)(2);;
(3)
in subsection (d)—
(A)
in paragraph (2)—
(i)
in subparagraph (E), by striking and
at the end;
(ii)
in subparagraph (F), by striking the period at the end and inserting a semicolon; and
(iii)
by adding at the end the following:
(G)
proposals that seek to use innovative implementation mechanisms, including conservation finance agreements, good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), and similar implementation mechanisms;
(H)
proposals that seek to reduce the risk of uncharacteristic wildfire or increase ecological restoration activities—
(i)
within areas across land ownerships, including State, Tribal, and private land; and
(ii)
within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and
(I)
proposals that seek to enhance watershed health and drinking water sources.; and
(B)
in paragraph (3)—
(i)
in subparagraph (A), by striking 10
and inserting 20
; and
(ii)
in subparagraph (B), by striking 2
and inserting 4
;
(4)
in subsection (e)(3), by inserting conflict resolution or collaborative governance,
before and woody
; and
(5)
in subsection (f)—
(A)
in paragraph (4)(B)(ii), by striking $4,000,000
and inserting $8,000,000
; and
(B)
in paragraph (6), by striking 2023
and inserting 2034
.
Sec. 12102. Joint Chiefs landscape restoration partnership program
Section 40808 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592d) is amended—
(1)
in subsection (a)(2)—
(A)
in subparagraph (B), by striking or
at the end;
(B)
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
(D)
to recover from wildfires; or
(E)
to enhance soil, water, and related natural resources.;
(2)
in subsection (b), by adding at the end the following:
(3) Agency coordination
In carrying out the Program, the Chief of the Natural Resources Conservation Service shall—
(A)
consider corresponding management plans from the Chief of the Forest Service; and
(B)
collaborate with the Chief of the Forest Service on forestry science and practice, using the best available science.;
(3)
in subsection (d)(1)—
(A)
in subparagraph (A), by inserting and post-wildfire impacts
after wildfire risk
; and
(B)
in subparagraph (F), by inserting , as identified in the corresponding State forest action plan or similar priority plan (such as a State wildlife or water plan)
before the semicolon;
(4)
in subsection (f), by striking paragraph (2) and inserting the following:
(2)
if inconsistent with the prohibitions under the rule of the Forest Service entitled
Special Areas; Roadless Area Conservation(66 Fed. Reg. 3244 (January 12, 2001)), and subparts C and D of part 294 of title 36, Code of Federal Regulations, as applicable;; and
(5)
in subsections (g)(2) and (h)(1), by striking and 2023
each place it appears and inserting through 2031
.
Sec. 12103. Contracts, grants, and agreements to carry out certain ecosystem restoration activities
(a) Contracts, grants, and agreements
Section 40804 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a) is amended by adding at the end the following:
(g) Contracts, grants, and agreements
To carry out the ecosystem restoration activities described in subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into contracts, grants, or agreements with State forestry agencies, local private or nonprofit entities, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), Indian Tribes, and multistate coalitions—
(1)
for the collection and maintenance of native seeds, including material from managed seed orchards; and
(2)
for the production of seedlings for revegetation.
(b) Collaborative forest landscape restoration program
Section 4003(b)(7) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(7)) is amended—
(1)
in the matter preceding subparagraph (A), by inserting the collection and maintenance of native seeds for revegetation, the production of seedlings, and
after or agreements for
;
(2)
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
(3)
by inserting after subparagraph (A) the following:
(B)
institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)).
Sec. 12104. Post-Disaster Reforestation and Restoration Program
(a) Definitions
In this section:
(1) Covered agency
The term covered agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Bureau of Indian Affairs.
(2) Covered lands
The term covered lands means—
(A)
any Federal land or interest in land administered by a covered agency; or
(B)
Indian Forest Land or Rangeland.
(3) Indian forest land or rangeland
The term Indian Forest Land or Rangeland means land that—
(A)
is held in trust by, or with a restriction against alienation by, the United States for an Indian Tribe or a member of an Indian Tribe; and
(B)
(i)
(I)
is Indian forest land (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)); or
(II)
has a cover of grasses, brush, or any similar vegetation; or
(ii)
formerly had a forest cover or vegetative cover that is capable of restoration.
(4) Indian Tribe
The term Indian Tribe means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Natural regeneration
The term natural regeneration has the meaning given the term in section 3(e)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)).
(6) Reforestation
The term reforestation has the meaning given the term in section 3(e)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)).
(7) Relevant congressional committees
The term relevant congressional committees means—
(A)
the Committees on Agriculture and Natural Resources of the House of Representatives; and
(B)
the Committees on Agriculture and Energy and Natural Resources of the Senate.
(8) Restoration
The term restoration means assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed, including the reestablishment of appropriate plant species composition and community structure.
(9) Secretary
The term Secretary means the Secretary of the Interior.
(10) Unplanned disturbance
The term unplanned disturbance means any unplanned disturbance that disrupts ecosystem structure or composition and may include a wildfire, an infestation of insects or disease, or a weather event.
(b) In general
Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary, in coordination with the heads of the covered agencies, shall identify covered lands requiring reforestation and restoration following unplanned disturbances that are unlikely to experience natural regeneration without assistance.
(c) Priority projects
In consultation with the heads of covered agencies, the Secretary—
(1)
shall propose a list of priority projects for reforestation and restoration for each fiscal year;
(2)
may carry out priority projects identified in the list in paragraph (1) through—
(A)
competitively awarded grants;
(B)
contracts;
(C)
contracts established under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and
(D)
cooperative agreements, to be awarded in accordance with applicable requirements established by the Secretary; and
(3)
may support any grant contract or cooperative agreement that may be necessary to ensure adequate and appropriate seed and seedling availability to further the objectives of priority projects.
(d) Outreach
To fulfill requirements of this section the heads of covered agencies shall conduct outreach to—
(1)
Indian Tribes;
(2)
States;
(3)
territories;
(4)
units of local government;
(5)
Alaska Native organizations;
(6)
Native Hawaiian organizations;
(7)
institutions of higher education;
(8)
Federal agencies with jurisdiction over Federal land adjoining or proximal to priority projects; and
(9)
other stakeholders as determined by the Secretary.
(e) Reports and recommendations
Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the relevant congressional committees a report that includes the following:
(1)
An accounting of all covered lands requiring reforestation and restoration.
(2)
A list of priority projects and implementation progress to address reforestation and restoration objectives identified.
(3)
An accounting of grants, contracts, and cooperative agreements established in furtherance of priority projects.
(4)
Outreach efforts by covered agencies to advance priority projects.
(5)
Assessments of, and recommendations relating to seed, seedling, and implementation gaps to advance priority projects and opportunities to establish dedicated funding necessary to address any backlog of reforestation and restoration needs.
(f) Sunset
The authority provided under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 12105. Emergency forest watershed program
(a) Funding and administration
Section 404(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2204(b)) is amended by inserting to carry out section 401
after for a fiscal year
.
(b) Emergency forest watershed program
Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by adding at the end the following:
408. Emergency forest watershed program
(a) Definitions
In this section:
(1) Emergency watershed protection measures
The term emergency watershed protection measures means measures that—
(A)
are necessary to address runoff retardation, soil-erosion prevention, and flood mitigation caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated—
(i)
would significantly impair or endanger the natural resources on the National Forest System land; and
(ii)
would pose an immediate risk to water resources or loss of life or property downstream of the National Forest System land; and
(B)
would maintain or restore forest health and forest-related resources on the National Forest System land.
(2) Natural disaster
The term natural disaster has the meaning given the term in section 407(a).
(3) Secretary
The term Secretary means the Secretary, acting through the Chief of the Forest Service.
(4) Sponsor
The term sponsor means—
(A)
a State or local government;
(B)
an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(C)
a water district, water conservation district, water utility, or special district.
(b) Authorization
The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land.
(c) Agreements; payments
(1) In general
The Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures.
(2) Requirements
(A) Project timelines
(i) In general
Following a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible.
(ii) Timeline
A sponsor that has entered into an agreement under paragraph (1) shall complete all emergency watershed protection measures not later than 2 years after the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures.
(iii) Continued monitoring
A sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users.
(B) Payments
The Secretary, in accordance with an agreement entered into under paragraph (1)—
(i)
may make partial payments prior to completion of the applicable project; and
(ii)
shall make final payment for the project not later than 30 days after the date on which the project is completed.
(d) Waived matching requirements
The Secretary shall waive any matching requirements for payments made under subsection (c)(1).
(e) Liability
(1) In general
A sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not—
(A)
be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement; or
(B)
except as provided in paragraph (2), be liable for injury, loss, or damage resulting from carrying out emergency watershed protection measures pursuant to that agreement.
(2) Savings provision
Nothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures.
(f) Assumption of risk
A sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures.
(g) Coordination
The Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403.
(h) NEPA compliance
Emergency watershed protection measures carried out pursuant to this section shall be deemed emergency response actions for purposes of section 220.4(b)(1) of title 36, Code of Federal Regulations (or a successor regulation).
Sec. 12106. Nursery and seed orchard support
(a) Definitions
In this section:
(1) Eligible recipient
The term eligible recipient means—
(A)
a State forestry agency;
(B)
an Indian Tribe; and
(C)
a private nursery that has experience growing high-quality native trees of appropriate genetic sources in bareroot or container stocktypes specific for reforestation, restoration, or conservation, including native plants and seeds that are of cultural significance to Indian Tribes.
(2) National forest system
The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(3) Nursery
The term nursery means a tree or native plant nursery.
(4) Seed orchard
The term seed orchard means a tree or native plant seed orchard.
(5) State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(b) Partnerships, collaboration, and other assistance in support of nurseries and seed orchards
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
(1)
partner with Federal and State agencies, Indian Tribes, institutions of higher education, nonprofit organizations, and private nurseries to provide training, technical assistance, and research to nursery and tree establishment programs that support natural regeneration, reforestation, agroforestry, and afforestation;
(2)
promote information sharing to improve technical knowledge and practices, and to better understand reforestation needs, relating to seeds or seedlings, effects of climate change, tree genetics for resistance to pathogens and drought, and other issues necessary to address all facets of the reforestation supply chain;
(3)
provide technical and financial assistance to international nursery and tree establishment programs through the Forest Service International Programs, the Institute of Pacific Islands Forestry, and the International Institute of Tropical Forestry;
(4)
collaborate with other relevant Federal departments and agencies, including the Foreign Agricultural Service of the Department of Agriculture, the United States Agency for International Development, the United States Fish and Wildlife Service, and international organizations, including the Food and Agriculture Organization of the United Nations, to provide technical and financial assistance related to nurseries and reforestation;
(5)
coordinate the efforts of the Department of Agriculture—
(A)
to address the challenges associated with the reforestation supply chain, including workforce development; and
(B)
to leverage economic development assistance for work with private nurseries;
(6)
expand reforestation supply chains through science and research, seed collection and storage, workforce development, and nursery infrastructure and operations; and
(7)
shorten the timeline for approval of permits to collect seeds on National Forest System lands.
(c) Nursery and seed orchard grant program
(1) Establishment
Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a program to provide grants to eligible recipients to support nurseries and seed orchards.
(2) Allowable uses
A recipient of grant funds under paragraph (1) may use such funds to carry out a project comprised of 1 or more of the following:
(A)
The development, expansion, enhancement, or improvement of nursery production capacity or other infrastructure—
(i)
to improve seed collection and storage;
(ii)
to increase seedling production, storage, and distribution; or
(iii)
to enhance seedling survival and properly manage tree genetic resources.
(B)
The establishment or expansion of a nursery or seed orchard, including by acquiring equipment for a nursery or seed orchard.
(C)
The development or implementation of quality control measures at nurseries or seed orchards.
(D)
The promotion of workforce development within any facet of the reforestation supply chain.
(E)
Any other activity determined appropriate by the Secretary.
(d) Reforestation trust fund
Notwithstanding subsection (d) of section 303 of Public Law 96–451 (16 U.S.C. 1606a), of amounts in the Reforestation Trust Fund established by subsection (a) of that section that are not otherwise obligated, the Secretary may obligate not more than $5,000,000 for each fiscal year to carry out this section.
Sec. 12107. Requirements related to payment timing for certain programs addressing wildfire damages
(a) Emergency forest restoration program
Section 407(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) is amended—
(1)
by striking The
and inserting the following:
(1) In general
The; and
(2)
by adding at the end the following:
(2) Payments for emergency measures to address wildfire
In the case of an application for a payment by an owner of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a wildfire, if the Secretary approves such application, the Secretary shall provide payment to such owner not later than 90 days after the date on which the application was submitted to the Secretary.
(b) Emergency watershed program
Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended by adding at the end the following:
(c) Payments for emergency watershed protection measures To address wildfire damage
In the case of an application for a payment for emergency watershed protection measures addressing a sudden impairment of a watershed caused by a wildfire, if the Secretary approves such application, the Secretary shall provide such payment not later than 90 days after the date on which the application was submitted to the Secretary.
(c) Community facilities direct loan and grant programs
(1) Direct loan program
Section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following: If the Secretary approves an application for an essential community facilities loan under this paragraph that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire and the Secretary approves the application, the Secretary shall provide the loan to the owner within 90 days after date the application is submitted.
.
(2) Grant program
Section 306(a)(19) of such Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following:
(C) Payments for emergency measures to address wildfire
If the Secretary approves an application for a grant under this paragraph that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire and the Secretary approves the application, the Secretary shall provide the grant to the owner within 90 days after date the application is submitted.
(d) Disaster relief and mitigation programs
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended—
(1)
in section 203, by adding at the end the following:
(m) Assistance for wildfire mitigation
If the President approves an application for financial assistance under this section to implement predisaster hazard mitigation measures related to the mitigation of wildfires, the President shall provide such assistance within 90 days after the date such application is submitted.;
(2)
in section 404, by adding at the end the following:
(h) Assistance for wildfire mitigation
If the President approves an application for hazard mitigation assistance under this section that is related to the mitigation of wildfires, the President shall provide such assistance within 90 days after the date such application is submitted.;
(3)
in section 407(e), by adding at the end the following:
(3) Payments related to wildfire
Notwithstanding the requirements of paragraphs (1) and (2), if the President approves an application for a grant under this section to remove debris or wreckage resulting from a wildfire, such grant shall be paid in full no later than the date that is 90 days after the last day such wildfire occurred.;
(4)
in section 408—
(A)
in subsection (f)—
(i)
in paragraph (3)(B)(iv), by striking (j)
and inserting (k)
; and
(ii)
in paragraph (3)(B)(v), by striking (i)
and inserting (j)
;
(B)
by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
(C)
by inserting after subsection (h) the following:
(i) Payments related to wildfire
If the President approves an application for financial assistance under this section for necessary expenses or serious needs related to a wildfire, the President shall provide such assistance within 90 days after the last day such wildfire occurred.
(e) Small business administration disaster loan program
The Small Business Administration Disaster Loan program under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended—
(1)
by redesignating the second paragraph (16) (relating to statute of limitations) as paragraph (17); and
(2)
by inserting after paragraph (17) (as so redesignated), the following new paragraph:
(18) Emergency measures to address wildfire
If the Administrator approves an application for a loan under this subsection that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire, the Administrator shall ensure that such loan is disbursed not later than 90 days after date of such approval.
Sec. 12108. Permits and agreements with electrical utilities
(a) Definitions
In this section:
(1) Covered Federal lands
The term covered Federal lands means—
(A)
National Forest System lands; and
(B)
lands managed by the Bureau of Land Management.
(2) Secretary concerned
The term Secretary concerned means—
(A)
with respect to National Forest System lands, the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(B)
with respect to lands managed by the Bureau of Land Management, the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(b) In general
In any special use permit or easement on covered Federal lands provided to an electrical utility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within the vicinity of distribution lines or transmission lines without requiring a separate timber sale, if that cutting and removal is consistent with—
(1)
any applicable land and resource management plan; and
(2)
other applicable environmental laws (including regulations).
(c) Use of proceeds
A special use permit or easement that includes permission for cutting and removal described in subsection (b) shall include a requirement that, if the applicable electrical utility sells any portion of the material removed under the permit or easement, the electrical utility shall provide to the Secretary concerned any proceeds received from the sale, less any transportation costs incurred in the sale.
(d) Effect
Nothing in subsection (c) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in subsection (b).
Sec. 12109. Post-fire management and recovery
(a) In general
Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall establish 1 or more permanent Burned Area Emergency Response Teams (referred to in this section as a BAER Team
) to coordinate immediate post-wildfire emergency stabilization and erosion planning efforts.
(b) Requirements
A BAER Team shall—
(1)
survey the landscape affected by a wildfire to determine burn severity;
(2)
identify and remove, as necessary, dead or dying trees that may pose an immediate hazard to individuals, communities, or critical infrastructure;
(3)
stabilize or remove hazardous materials resulting from a wildfire that may pose an immediate hazard to individuals, communities, or the environment;
(4)
conduct emergency landscape stabilization and erosion prevention work, prioritizing efforts that ensure public safety;
(5)
prevent the proliferation and spread of invasive species;
(6)
assist with informing the public of hazards resulting from a wildfire;
(7)
collaborate, as necessary, with activities under section 12110; and
(8)
conduct such other work as the Secretary concerned determines to be necessary.
(c) Duration
To the maximum extent practicable, a BAER Team shall coordinate and respond to immediate post-wildfire emergency stabilization and erosion planning needs for a period of not more than 1 year after the date of containment of a wildfire.
(d) Funding
The Secretary concerned may use to carry out this section funds made available by section 40803(c)(16) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(16)).
Sec. 12110. Long-term burned area rehabilitation account
(a) Establishment of account
There is established in the Treasury of the United States the Long-Term Burned Area Rehabilitation account for the Department of Agriculture.
(b) Authorization of appropriations
There are authorized to be appropriated for fiscal year 2027 and each fiscal year thereafter through 2036 for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000.
(c) Presidential budget requests
For fiscal year 2028 and each fiscal year thereafter through 2036, the Secretary of Agriculture shall submit through the budget request of the President and in accordance with subsection (b), a request for amounts in the National Forest System appropriation account to carry out the activities described in subsection (d).
(d) Authorized activities
The Secretary of Agriculture shall use amounts in the account established by subsection (a) for rehabilitation projects located at sites impacted by a wildfire or post-wildfire flooding primarily on Federal land, but may include areas on non-Federal land, that—
(1)
restore the functions of an ecosystem, including—
(A)
identifying areas where natural regeneration is unlikely to occur;
(B)
revegetation and reforestation, including coordinating any necessary site preparation, and replanting;
(C)
watershed restoration;
(D)
invasive species mitigation and removal; and
(E)
wildlife habitat restoration; or
(2)
repair or replace infrastructure or facilities critical for land management activities.
(e) Duration of activities
A rehabilitation project under subsection (d) shall—
(1)
begin not earlier than the date on which the wildfire was contained; and
(2)
be completed not later than 5 years after the date on which the wildfire was contained.
(f) Agreement authority
(1) In general
The Secretary of Agriculture may enter to agreements with non-Federal entities to carry out activities described in subsection (d).
(2) Cost share
The non-Federal share of the costs of implementing activities under an agreement entered into under paragraph (1)—
(A)
shall be not more than 20 percent; and
(B)
may include in-kind contributions.
(3) Savings provision
Nothing in this subsection—
(A)
requires the Secretary of Agriculture to enter into agreements with non-Federal entities to carry out activities described in subsection (d); or
(B)
limits the effect of the prioritization requirements under subsection (g).
(g) Prioritization of funding
The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section based on downstream effects on water resources.
(h) Reporting
Beginning in fiscal year 2027, and each fiscal year thereafter, the Secretary of Agriculture shall annually submit to Congress a report on the burned area recovery work performed using—
(1)
amounts from the account established by subsection (a);
(2)
amounts made available under the Act of June 9, 1930 (16 U.S.C. 576 et seq.); and
(3)
amounts from the Reforestation Trust Fund established by section 303(a) of Public Law 96–451 (16 U.S.C. 1606a(a)).
Sec. 12111. Prize for wildfire-related invasive species reduction
Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116–9) is amended—
(1)
by striking paragraph (8)(A)
each place it appears and inserting paragraph (9)(A)
;
(2)
by striking paragraph (8)(B)
each place it appears and inserting paragraph (9)(B)
;
(3)
by redesignating paragraph (8) as paragraph (9);
(4)
by inserting after paragraph (7) the following:
(8) Theodore Roosevelt Genius Prize for management of wildfire-related invasive species
(A) Definitions
In this paragraph:
(i) Board
The term Board means the Management of Wildfire-Related Invasive Species Technology Advisory Board established by subparagraph (C)(i).
(ii) Prize competition
The term prize competition means the Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species established under subparagraph (B).
(B) Authority
Not later than 180 days after the date of enactment of the Wildfire Response and Readiness Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the
Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species—(i)
to encourage technological innovation with the potential to advance the mission of the National Invasive Species Council with respect to the management of wildfire-related invasive species; and
(ii)
to award 1 or more prizes annually for a technological advancement that manages wildfire-related invasive species.
(C) Advisory board
(i) Establishment
There is established an advisory board, to be known as the
Management of Wildfire-Related Invasive Species Technology Advisory Board.(ii) Composition
The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in—
(I)
invasive species;
(II)
biology;
(III)
technology development;
(IV)
engineering;
(V)
economics;
(VI)
business development and management;
(VII)
wildfire; and
(VIII)
any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
(iii) Duties
Subject to clause (iv), with respect to the prize competition, the Board shall—
(I)
select a topic;
(II)
issue a problem statement;
(III)
advise the Secretary regarding any opportunity for technological innovation to manage wildfire-related invasive species; and
(IV)
advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to the management of wildfire-related invasive species.
(iv) Consultation
In selecting a topic and issuing a problem statement for the prize competition, the Board shall consult widely with Federal and non-Federal stakeholders, including—
(I)
1 or more Federal agencies with jurisdiction over the management of invasive species;
(II)
1 or more Federal agencies with jurisdiction over the management of wildfire;
(III)
1 or more State agencies with jurisdiction over the management of invasive species;
(IV)
1 or more State agencies with jurisdiction over the management of wildfire;
(V)
1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and
(VI)
1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of wildfire-related invasive species.
(v) Requirements
The Board shall comply with all requirements under paragraph (9)(A).
(D) Administration by the national invasive species council
The Secretary, acting through the Executive Director of the National Invasive Species Council, shall administer the prize competition and perform the duties described in paragraph (9)(B)(i).
(E) Judges
(i) Appointment
The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition.
(ii) Determination by secretary
The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award.
(F) Report to congress
Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes—
(i)
a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
(ii)
a description of the 1 or more annual winners of the prize competition; and
(iii)
a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the 1 or more winners of the prize competition was selected.
(G) Termination of authority
The Board and all authority provided under this paragraph shall terminate on December 31, 2028.; and
(5)
in paragraph (9) (as so redesignated)—
(A)
in subparagraph (A), in the matter preceding clause (i), by striking or (7)(C)(i)
and inserting (7)(C)(i), or (8)(C)(i)
; and
(B)
in subparagraph (C)—
(i)
in clause (i), by inserting and the amount of the initial cash prize awarded for a year under paragraph (8)
after subparagraph (B)(i)(IX)
; and
(ii)
by adding at the end the following:
(iii) Additional wildfire cash prizes
If the Secretary determines that funds are available for an additional cash prize under the prize competition under paragraph (8) for a year, the Secretary shall determine the amount of the additional cash prize.
Sec. 12112. Protection of inventoried roadless areas
(a) In general
The Secretary of Agriculture may not authorize road construction, road reconstruction, or logging (including any cutting or removal of trees) in an inventoried roadless area where such activities are prohibited by the Roadless Rule.
(b) Definitions
In this section:
(1) Inventoried roadless area
The term inventoried roadless area means any area in which road construction, road reconstruction, or logging is subject to the Roadless Rule.
(2) Roadless Rule
The term Roadless Rule means part 294 of title 36, Code of Federal Regulations, as adopted on January 12, 2001, and modified for Idaho on October 16, 2008, and for Colorado on July 3, 2012, and December 19, 2016.
Subtitle B 10-Year Wildfire Plan
Sec. 12201. Definitions
In this subtitle:
(1) Plan
The term Plan means the plan required under section 12202(a).
(2) Secretaries
The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior.
(3) Secretary concerned
The term Secretary concerned means—
(A)
the Secretary of Agriculture, with respect to National Forest System lands; and
(B)
the Secretary of the Interior, with respect to public lands.
Sec. 12202. Implementation of 10-year national wildfire plan
(a) In general
The Secretary of Agriculture shall, in coordination with the Secretary of the Interior, implement a 10-year National Wildfire Plan that—
(1)
includes—
(A)
hazardous fuels and prescribed fire activities to address wildfire risk;
(B)
vegetation, watershed, wildlife and fisheries habitat management to maintain habitat and improve ecological conditions, including—
(i)
protecting mature and old-growth trees and forests;
(ii)
maintaining habitat in a way that advances at-risk species recovery conservation; and
(iii)
completing consultations required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C)
management of recreation, heritage, and wilderness programs;
(D)
activities under the Joint Fire Science Program to address wildfire risk;
(E)
the activities required under this subtitle;
(F)
the activities included in—
(i)
the National Cohesive Wildland Fire Management Strategy (and successor documents);
(ii)
the Wildfire Crisis Strategy entitled Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests
and dated January 2022 (and successor documents);
(iii)
the Wildfire Crisis Strategy Implementation Plan entitled Wildfire Crisis Implementation Plan
and dated January 2022 (and successor documents); and
(iv)
the Wildfire Crisis Landscape Investments plan entitled Confronting the Wildfire Crisis: Initial Landscape Investments to Protect Communities and Improve Resilience in America’s Forests
dated April 2022 (and successor documents); and
(G)
such other wildfire-related activities as determined appropriate by the Secretary of Agriculture or the Secretary of the Interior, in accordance with existing law and regulations; and
(2)
in accordance with section 12203, prioritizes carrying out landscape-scale restoration projects.
(b) Coordination
In carrying out subsection (a), to the maximum extent practicable, the Secretary of Agriculture, in coordination with the Secretary of Interior, shall—
(1)
utilize cooperative forestry authorities and agreements, including but not limited to the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
(2)
solicit proposals from States, counties, and Tribes to address water quantity and quality concerns;
(3)
solicit proposals from States, counties, and Tribes for hazardous fuels treatments;
(4)
consider the long-term statewide assessments and forest resource strategies established in section 2A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a); and
(5)
provide priority to collaboratively developed projects.
Sec. 12203. Selection and implementation of landscape-scale forest restoration projects
(a) In general
In carrying out the Plan, the Secretary of Agriculture shall select, in accordance with this section, landscape scale forest restoration projects—
(1)
to implement on National Forest System land; and
(2)
if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities.
(b) Initial phase
During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations, the Secretary of Agriculture shall select not more than 20 landscape-scale forest restoration projects under subsection (a).
(c) Eligibility requirements
(1) In general
Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements:
(A)
The purposes and needs for the project shall be—
(i)
to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape;
(ii)
to restore appropriate natural fire regimes, including by reducing fuel loads in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and
(iii)
to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface.
(B)
The project shall be developed and supported by a collaborative group that—
(i)
includes multiple interested persons representing diverse interests;
(ii)
is transparent and inclusive; and
(iii)
has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities.
(C)
The project shall be based on a landscape assessment that shall—
(i)
cover a landscape of—
(I)
except as provided in subclauses (II) and (III), not less than 100,000 acres;
(II)
in such limited cases as the Secretary of Agriculture determines to be appropriate, not less than 80,000 acres if—
(aa)
the assessment is completed or substantially completed as of the date of enactment of this Act; and
(bb)
in the determination of the Secretary of Agriculture, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or
(III)
not less than 50,000 acres in the case of a project that is carried out east of the 100th meridian;
(ii)
evaluate ecological integrity and determine reference conditions for the landscape;
(iii)
identify terrestrial and aquatic areas within the landscape that have departed from reference conditions;
(iv)
identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions and necessary mitigation measures to protect at-risk species;
(v)
be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and
(vi)
identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on—
(I)
areas that are the most departed from reference conditions; and
(II)
areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, planned fuels-reduction projects, and the effects of recent wildfires.
(D)
Restoration treatments under the project—
(i)
shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire, or both;
(ii)
that involve any proposed mechanical treatments shall be designed to promote—
(I)
the restoration of reference conditions in areas that lack ecological integrity, with a focus on the reduction of surface and ladder fuels; and
(II)
the establishment of conditions that will facilitate prescribed fire or managed wildfire;
(iii)
shall—
(I)
fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and
(II)
protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and
(iv)
that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary of Agriculture, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure.
(E)
The project shall be consistent with all applicable environmental laws, including—
(i)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(iii)
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(F)
The project shall not be carried out in an inventoried roadless area or comparable roadless area defined by a State-specific rule.
(G)
The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that—
(i)
conditions the future implementation of the project on the satisfactory completion of—
(I)
priority restoration actions; and
(II)
required monitoring after implementation;
(ii)
validates conditions projected to occur in the environmental analysis for the project; and
(iii)
requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project.
(H)
(i)
No new permanent road may be built as part of the project.
(ii)
Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project. The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which may include—
(I)
the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C);
(II)
the use of, as applicable—
(aa)
multiple records of decision to implement a single environmental impact statement; or
(bb)
multiple decision notices to implement a single environmental assessment;
(III)
the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific—
(aa)
environmental assessments; or
(bb)
categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(IV)
the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific—
(aa)
environmental assessments; or
(bb)
categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Exception
If the Secretary of Agriculture determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary of Agriculture may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects—
(A)
fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph;
(B)
in the determination of the Secretary of Agriculture, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and
(C)
are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph.
(d) Evaluation of eligible projects
(1) In general
In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary of Agriculture shall consider—
(A)
the criteria described in paragraph (2);
(B)
the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and
(C)
the recommendations of the advisory panel established under subsection (e).
(2) Criteria
The criteria referred to in paragraph (1)(A) are—
(A)
the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change;
(B)
(i)
the importance of watersheds in the area covered by the project for downstream waters supply; and
(ii)
the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration;
(C)
(i)
the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and
(ii)
the proportion of the non-Federal cost share that is in the form of cash contributions;
(D)
whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities;
(E)
whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis;
(F)
whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access;
(G)
whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety;
(H)
whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration;
(I)
whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities;
(J)
the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and
(K)
whether the project—
(i)
strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and
(ii)
will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface.
(3) Collaboration
The Secretary of Agriculture may coordinate with Federal, State, local, and Tribal agencies with respect to selection and implementation under subsection (a), a landscape-scale forest restoration project.
(e) Advisory panel
(1) In general
The Secretary of Agriculture shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on—
(A)
each landscape-scale forest restoration project that the Secretary of Agriculture is reviewing for potential selection under subsection (a); and
(B)
proposals for planning and developing landscape-scale forest restoration projects.
(2) Representation
The Secretary of Agriculture shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.
(3) Inclusion
The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.
Sec. 12204. Youth and conservation corps assistance with projects under the plan
In carrying out projects under the Plan, the Secretaries shall, to the maximum extent practicable—
(1)
identify appropriate projects to be carried out by, and enter into cooperative agreements to carry out such projects with—
(A)
qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)); or
(B)
nonprofit wilderness and trails stewardship organizations, including—
(i)
the Corps Network;
(ii)
the National Wilderness Stewardship Alliance;
(iii)
American Trails; and
(iv)
other public lands stewardship organizations, as appropriate; and
(2)
waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).
Sec. 12205. Ecosystem restoration grant fund through national fish and wildlife foundation
(a) Definitions
For purposes of this section:
(1) Eligible entity
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 non-profit organization, or an accredited institution of higher education.
(2) Eligible projects and activities
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.
(3) Foundation
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.).
(4) Fund
The term Fund means the Community Resilience and Restoration Fund established under subsection (b).
(5) Indian Tribe
The term Indian Tribe means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(6) Restoration and resilience lands
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, chapparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.
(7) Public lands
The term public lands means lands owned or controlled by the United States.
(8) Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
(9) State
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.
(b) 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—
(1)
improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;
(2)
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;
(3)
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;
(4)
to protect and enhance the biodiversity of wildlife populations, with special consideration to the recovery and conservation of at-risk species, across restoration and resilience lands;
(5)
to support the health of restoration and resilience lands for the benefit of present and future generations;
(6)
to foster innovative, nature-based solutions that help meet the goals of this section; and
(7)
to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.
(c) Management of the fund
The Foundation shall manage the Fund—
(1)
pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and
(2)
in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—
(A)
ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and
(B)
avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—
(i)
the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501 et seq.); or
(ii)
other coastal management focused programs.
(d) Competitive grants
(1) 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.
(2) Proposals
The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.
(e) Use of amounts in the fund
(1) 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.
(2) Administrative costs
(A) Foundation
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.
(B) USFWS
Not more than 4 percent of the amounts appropriated annually to the Fund may be used by the United States Fish and Wildlife Service for administrative expenses.
(3) Priority
Not less than $10,000,000 of the amounts appropriated annually to the Fund shall be awarded annually to support eligible projects and activities for Indian Tribes.
(4) 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.
(f) Reports
(1) 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—
(A)
an accounting of expenditures made under the Fund, including leverage and match as applicable;
(B)
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
(C)
measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.
(2) 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)
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;
(B)
a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—
(i)
lands treated for invasive species;
(ii)
lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire- management techniques; and
(iii)
lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;
(C)
key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;
(D)
best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;
(E)
information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to subsection (e)(1); and
(F)
any other information that the Foundation considers relevant.
(3) 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.
(g) Authorization of appropriations
There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2027 through 2036 to carry out this section.
Sec. 12206. Report on 10-year national wildfire plan implementation
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall submit to Congress a report on the progress made in the prior year towards completing the goals established under the Plan that includes—
(1)
the amount of funding appropriated to carry out the Plan pursuant to the provisions of this subtitle with respect to the prior fiscal year; and
(2)
recommendations to improve implementation of the Plan.
Division B FIRE-ADAPTED COMMUNITIES
Title I COMMUNITY PROTECTION AND HOME HARDENING
Subtitle A Grant programs for wildfire resilience
Sec. 21101. Updating list of at-risk communities
(a) Amendment to HFRA definition of at-Risk community
Subparagraph (A) of section 101(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(1)(A)) is amended to read as follows:
(A)
that is comprised of a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) within or adjacent to Federal land;
(b) Map of at-Risk communities
Not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, the Administrator of the Federal Emergency Management Agency, acting through the United States Fire Administrator and in coordination with the Chief of the Forest Service, shall develop and publish a map depicting at-risk communities (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), as amended by this section), including Tribal at-risk communities.
Sec. 21102. Amendment to community wildfire defense grant program to allow structure hardening
Section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)) is amended—
(1)
in paragraph (1)—
(A)
by striking (c)(12)
and inserting (c)(12) and section 21103 of the Wildfire Response and Readiness Act
; and
(B)
in subparagraph (B), by striking projects
and inserting projects (including covered projects)
; and
(2)
in paragraph (3), by adding at the end the following new subparagraph:
(D) Covered projects defined
In this subsection, the term covered projects means the following:
(i)
The construction, modification, or maintenance of a structure to make the structure resistant to the intrusion of flames or embers.
(ii)
The modification of a structure or an area adjacent to a structure, (including vegetation and miscellaneous structures, such as garages, sheds, and fencing) if such modification is carried out—
(I)
to reduce the exposure of the structure to direct contact from flame, radiation, or embers from wildfire; and
(II)
with consideration for the potential effects on the structure of nearby combustible features (including vegetation, vehicles, and miscellaneous structures, such as garages, sheds, and fencing).
Sec. 21103. Additional amounts for community wildfire defense grant program
In addition to amounts made available to the Secretary of Agriculture under section 40803(c)(12) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(12)), there is authorized to be appropriated to the Secretary of Agriculture to carry out section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)) $1,000,000,000 for each fiscal year.
Sec. 21104. Improvements to grant programs for community wildfire risk reduction and postfire recovery efforts
(a) In general
Not later than 90 days after the date of the enactment of this Act, the Secretaries shall, with respect to the grant programs for community wildfire risk reduction and postfire recovery efforts carried out by each of the Secretaries—
(1)
increase the accessibility of such grant programs;
(2)
reduce the complexity of the application process for grants under such programs, including—
(A)
by reducing the amount of information required to apply; and
(B)
to the maximum extent practicable, enabling auto-populating fields in the online applications for such grants;
(3)
reduce administrative burden with respect to such grant programs, including by—
(A)
aligning program applications to reduce separate applications for similar programs; and
(B)
developing a common section for applications to reduce duplicative questions;
(4)
review the statutory and administrative barriers that impede the ability of communities to quickly access funds under each such grant program;
(5)
increase technical assistance provided to applicants, recipients, and subrecipients; and
(6)
increase outreach to potential applicants for such grant programs, including by—
(A)
providing appropriate dedicated staff to assist individuals and communities in identifying and applying for grants under such grant programs; and
(B)
notifying potential applicants of eligibility and open application seasons with respect to such grant programs.
(b) Secretaries defined
In this section, the term Secretaries means—
(1)
the Secretary of the Interior;
(2)
the Secretary of Agriculture, acting through the Chief of the Forest Service;
(3)
the Administrator of the Federal Emergency Management Agency;
(4)
the Administrator of the Small Business Administration; and
(5)
the Administrator of the Environmental Protection Agency.
Sec. 21105. Improvements to FEMA programs
(a) In general
Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended—
(1)
in subsection (b)(2)—
(A)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; and
(B)
in the matter preceding clause (i), as so redesignated, by striking provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
and inserting
provide—
(A)
excess funds for management costs as described in subsection (c); and
(B)
the following percentage rates in addition to the eligible costs, to cover direct and indirect costs of administering the following programs;;
(2)
by redesignating subsection (c) as subsection (d); and
(3)
by inserting after subsection (b) the following:
(c) Use of excess funds for management costs
(1) Definition
In this subsection, the term excess funds for management costs means the difference between—
(A)
the amount of the applicable specific management costs authorized under subsection (b)(1) and subsection (b)(2)(B); and
(B)
as of the date on which the grant award is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A).
(2) Availability of excess funds for management costs
The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs.
(3) Use of funds
Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for—
(A)
activities associated with building capacity to prepare for, recover from, or mitigate the impacts of a major disaster or emergency declared under section 401 or 501, respectively; and
(B)
management costs associated with any—
(i)
major disaster;
(ii)
emergency;
(iii)
disaster preparedness measure; or
(iv)
mitigation activity or measure authorized under section 203, 204, 205, or 404.
(4) Availability
Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2).
(b) Applicability
The amendments made by subsection (a) shall apply with respect to any grant award in relation to a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)—
(1)
the declaration of which is made on or after the date of enactment of this Act; and
(2)
that is funded with amounts appropriated on or after the date of enactment of this Act.
(c) GAO study
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report—
(1)
on the actual management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) during the period of a major disaster declaration under section 401 of such Act (42 U.S.C. 5170) to determine whether the amount set aside for those management costs after the date of enactment of this Act is appropriate; and
(2)
that includes the management costs described in section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) for each major disaster declared under section 401 of such Act (42 U.S.C. 5170) during the 5-year period preceding the date of the report, the amount set aside for those management costs, the use of those management costs, the length of each disaster, and the reason for the length of each disaster.
(d) No additional funds
No additional funds are authorized to be appropriated to carry out the amendments made by subsection (a).
(e) Fire management assistance program policy
Section 420(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187(a)) is amended—
(1)
by striking the period at the end and inserting ; and
;
(2)
by striking local government for the mitigation
and inserting the following:
local government for—
(1)
the mitigation; and
(3)
by adding at the end the following:
(2)
assessments and emergency stabilization to protect public safety irrespective of the incident period for a declared fire.
(f) Changes to public assistance policy guide
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall amend the Public Assistance Program and Policy Guide of the Federal Emergency Management Agency to include guidance on wildfire-specific recovery challenges, including debris removal, emergency protective measures, and the resulting toxicity of drinking water resources.
(g) Mitigation cost effectiveness
(1) In general
The Administrator of the Federal Emergency Management Agency shall conduct a review of the criteria for evaluating the cost effectiveness of projects intended to mitigate the impacts of wildfire under sections 203 and 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c), including—
(A)
the establishment of precalculated benefits criterion for common defensible space mitigation projects for wildfire mitigation;
(B)
the use of nature-based infrastructure in wildfire mitigation;
(C)
considerations for vegetation management for wildfire mitigation;
(D)
reducing the negative effects of wildfire smoke on public health; and
(E)
lessening the impact of wildfires on water infrastructure.
(2) Updated criteria
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue such guidance as is necessary to—
(A)
update criteria for evaluating the cost effectiveness of mitigation projects under sections 203 and 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133; 5170c) based on the results of the review conducted under paragraph (1); and
(B)
prioritize such projects based on the criteria updated under subparagraph (A).
Sec. 21106. Individual household disaster mitigation program
(a) Establishment of program
Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end the following:
207. Individual household disaster mitigation program
(a) Establishment
The President shall establish a program to provide grants to States and Indian Tribal governments for qualifying pre-disaster mitigation activities on individual residential households that are at risk of being damaged by a major disaster.
(b) Establishment of eligible disaster areas
In carrying out the program under this section, the President shall—
(1)
establish eligible disaster areas, in consultation with States, that the President determines to be at risk of a natural hazard, including—
(A)
a description of the type, likelihood, and severity of each potential natural hazard affecting each such risk area; and
(B)
by taking into account previously declared major disasters impacting such areas;
(2)
provide technical assistance to the States or Indian Tribal governments in developing the plan described in subsection (c) and administering grants provided for individual households under the program;
(3)
not less frequently than every 5 years, review and update the eligible disaster areas that the President determines to be at risk of a natural disaster, including a description of the type and severity of each potential natural disaster affecting each such risk area; and
(4)
consult with relevant governmental and nongovernmental experts in order to ensure that such determinations are made using current scientific standards and tools available in establishing, reviewing, and updating the eligible disaster areas that the President determines to be at risk of a natural disaster.
(c) Plan for eligible activities
To be eligible for a grant under this section, a State or Indian Tribal government shall submit to the President a plan that includes—
(1)
each disaster risk area established by the President under subsection (b) in which the State or Indian Tribal government proposes to provide funds under the program;
(2)
an assessment of the availability and affordability of homeowner insurance coverage in each such risk area, including a breakdown of coverage offered by—
(A)
private insurance companies;
(B)
State residual markets; and
(C)
State and Federal insurance programs;
(3)
an analysis of factors that may be adversely impacting insurance availability and affordability;
(4)
a list of each qualifying mitigation activity that is eligible for funds in each such risk area;
(5)
the criteria by which a State or Indian Tribal government will evaluate applicants, which shall include consideration of the household income of the applicant and whether the residence is located in a Community Disaster Resilience Zone; and
(6)
a financial plan that includes maximum amounts available to a household for each qualifying mitigation activity.
(d) Consultation
In establishing the program under this section, the President, acting through the Administrator of the Federal Emergency Management Agency and the Director of the Federal Insurance Office, shall consult with the chief insurance regulators from the 50 States, the District of Columbia, and the territories of the United States, insurance industry stakeholders, including insurers, reinsurers, agents, brokers, and insurance-funded research organizations, and consumer and environmental stakeholders to determine what qualifying mitigation activities are likely to incentivize the availability and purchase of residential property insurance and other financial risk transfer mechanisms in eligible disaster areas.
(e) Limitations
(1) High-risk areas
Funds provided under this section may only be used in eligible disaster areas that the State or Indian Tribal government determines are at a high risk of experiencing a major disaster for the major disaster that presents such a risk.
(2) Limitation based on adjusted gross income
An individual shall not be eligible to receive a grant under this section if the adjusted gross income of such individual exceeds $250,000 ($500,000 in the case of a joint tax return) for the taxable year ending in the calendar year immediately preceding the calendar year with respect to which a grant application is filed.
(3) Definition of adjusted gross income
In this section, the term adjusted gross income has the meaning given such term in section 62(a) of the Internal Revenue Code of 1986.
(f) Multi-Tiered mitigation standards
(1) In general
The President, acting through the Administrator of the Federal Emergency Management Agency, shall establish mitigation standards for individual households that carry out each type of qualifying mitigation activity eligible for funds under the program, which may include a multi-tiered standard.
(2) Consideration
In establishing the mitigation standards under paragraph (1), the President, acting through the Administrator—
(A)
shall consider any standards established by—
(i)
the Insurance Institute for Business and Home Safety;
(ii)
the chief insurance regulators from the 50 States, the District of Columbia, and the territories of the United States; and
(iii)
any other standard-issuing entity determined appropriate; and
(B)
may—
(i)
adopt a standard considered under subparagraph (A); or
(ii)
establish alternative standards.
(g) Guidance to insurance providers
To be eligible for a grant under the program under this section, a State or Indian Tribal government shall establish, and make available to the public, guidance to insurance providers and consumers that includes suggested incentives for households that carry out disaster mitigation activities under the program, including—
(1)
the mitigation standards established under subsection (f);
(2)
increased consumer coverage choice; and
(3)
actuarially supported favorable pricing benefits such as discounts, rebates, or premium credits.
(h) Maximum amounts
A State or Indian Tribal government may not provide more than an amount of $10,000, not to exceed the actual cost of mitigation activities, to any individual household under the program. Such amount shall be increased yearly to reflect any increase in the Consumer Price Index.
(i) Definition of qualifying mitigation activity
In this section, the term qualifying mitigation activity means an activity relating to a housing unit—
(1)
for property to—
(A)
improve the strength of a roof deck attachment;
(B)
create a secondary water barrier to prevent water intrusion or mitigate against potential water intrusion from wind-driven rain;
(C)
improve the durability, impact resistance (not less than class 3 or 4 rating), or fire resistance (not less than class A rating) of a roof covering;
(D)
brace gable-end walls;
(E)
reinforce the connection between a roof and supporting wall;
(F)
protect openings from penetration by wind-borne debris;
(G)
protect exterior doors and garages from natural hazards;
(H)
complete measures contained in the publication of the Federal Emergency Management Agency entitled
Wind Retrofit Guide for Residential Buildings(P–804);(I)
elevate the qualified dwelling unit, as well as utilities, machinery, or equipment, above the base flood elevation or other applicable minimum elevation requirement;
(J)
seal walls in the basement of the qualified dwelling unit using waterproofing compounds; or
(K)
protect propane tanks or other external fuel sources;
(2)
to install—
(A)
check valves to prevent flood water from backing up into drains;
(B)
flood vents, breakaway walls or open lattice for homes located in V zones;
(C)
a stormwater drainage system or improve an existing system;
(D)
natural or nature-based features for flood control, including living shorelines;
(E)
roof coverings, sheathing, flashing, roof and attic vents, eaves, or gutters that conform to ignition-resistant construction standards;
(F)
wall components for wall assemblies that conform to ignition-resistant construction standards;
(G)
a wall-to-foundation anchor or connector, or a shear transfer anchor or connector;
(H)
wood structural panel sheathing for strengthening cripple walls;
(I)
anchorage of the masonry chimney to the framing;
(J)
prefabricated lateral resisting systems;
(K)
a standby generator system consisting of a standby generator and an automatic transfer switch;
(L)
a storm shelter that meets the design and construction standards established by the International Code Council and the National Storm Shelter Association (ICC–500), or a safe room that satisfies the criteria contained in—
(i)
the publication of the Federal Emergency Management Agency entitled
Safe Rooms for Tornadoes and Hurricanes(P–361); or(ii)
the publication of the Federal Emergency Management Agency entitled
Taking Shelter from the Storm(P–320);(M)
a lightning protection system;
(N)
exterior walls, doors, windows, or other exterior dwelling unit elements that conform to ignition-resistant construction standards;
(O)
exterior deck or fence components that conform to ignition-resistant construction standards;
(P)
structure-specific water hydration systems, including fire mitigation systems such as interior sprinkler systems;
(Q)
flood openings for fully enclosed areas below the lowest floor of the dwelling unit;
(R)
lateral bracing for wall elements, foundation elements, and garage doors or other large openings to resist seismic loads; or
(S)
automatic shutoff valves for water and gas lines;
(3)
for services or equipment to—
(A)
create buffers around the qualified dwelling unit through the removal or reduction of flammable vegetation, including vertical clearance of tree branches;
(B)
create buffers around the dwelling unit through—
(i)
the removal of exterior deck or fence components or ignition-prone landscape features; or
(ii)
replacement of the components or features described in clause (i) with components or features that conform to ignition-resistant construction standards;
(C)
perform fire maintenance procedures identified by the Federal Emergency Management Agency or the United States Forest Service, including fuel management techniques such as creating fuel and fire breaks; or
(D)
replace flammable vegetation with less flammable species;
(4)
for property relating to satisfying the standards required for receipt of a FORTIFIED designation from the Insurance Institute for Business and Home Safety, provided that the qualified dwelling unit receives such designation following installation of such property;
(5)
for property relating to satisfying the standards required for receipt of a Wildfire Prepared Homes designation from the Insurance Institute for Business and Home Safety, provided that the qualified dwelling unit receives such designation following installation of such property; or
(6)
for any other hazard mitigation activity identified by the President, in consultation with the Administrator of the Federal Emergency Management Agency and the hazard mitigation advisory committee established in subsection (k), for mitigation of a natural hazard.
(j) Hazard mitigation advisory committee
The President shall establish a hazard mitigation advisory committee that shall—
(1)
consist of 50 representatives, including representatives from—
(A)
the State Insurance Commissioners;
(B)
private insurance companies;
(C)
private reinsurance companies;
(D)
insurance broker companies;
(E)
insurance-funded research organizations;
(F)
consumer advocate organizations;
(G)
State, local, and Tribal firefighting agencies;
(H)
State-sponsored insurance plans;
(I)
realtor associations;
(J)
home builder associations;
(K)
State, local, and Tribal emergency responders;
(L)
State and Tribal emergency managers;
(M)
State and Tribal hazard mitigation officers;
(N)
relevant academic experts;
(O)
building code associations;
(P)
agricultural groups; and
(Q)
environmental organizations; and
(2)
advise the President on developments in emerging hazard mitigation research and testing and recommend additions to the qualified hazard mitigation activities eligible under this program, including reviewing the effectiveness of hazard mitigation systems, products, and designations submitted to the advisory committee by private or nongovernmental companies or organizations.
(k) Rules of construction
Nothing in this Act shall—
(1)
require a State or any other entity to base the assessment of the status of the availability of homeowner insurance coverage required under subsection (c)(2) on data not already collected by that entity absent this requirement; and
(2)
be construed to preempt the State regulation of the business of insurance or require, by the Federal Government or any State government, any insurance provider to alter the underwriting, pricing, and distribution of insurance.
(b) Tax treatment of individual household disaster mitigation program
(1) In general
Section 139 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection:
(h) Individual household disaster mitigation program
Gross income shall not include amounts received under section 207 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(2) Effective date
The amendment made by this subsection shall apply to amounts received after the date of the enactment of this Act.
Subtitle B Reports
Sec. 21201. Community protection and resilience report
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall publish a report—
(1)
on authorities and programs of the Federal Government that are available to protect communities from wildfires; and
(2)
that includes an assessment of the Comptroller General with respect to impediments to the implementation of such programs, including gaps in funding.
Sec. 21202. Community wildfire resilience and insurance coverage study
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall publish a study that includes—
(1)
an assessment of the Comptroller General with respect to—
(A)
the potential for a community protection and wildfire resilience plan to qualify for a certification identifying a level of wildfire survivability and resilience; and
(B)
methods that could be used by the Federal Government to incentivize insurance companies to accept such a certification; and
(2)
an identification of any metrics that could be provided to insurance companies as assurance that a community has wildfire resilience measures in place.
Sec. 21203. Shrubland wildfire mitigation study
(a) Definitions
In this section:
(1) Covered ecosystems
The term covered ecosystems means shrubland ecosystems, including—
(A)
chaparral;
(B)
coastal sage scrub;
(C)
sagebrush;
(D)
shrub-steppe;
(E)
xeric shrubland; and
(F)
any other dryland shrub ecosystem in which wildfire management presents a significant challenge, as determined by the Secretary.
(2) Hazardous fuels management activity
The term hazardous fuels management activity means an activity to manage vegetation to reduce the risk of wildfire.
(3) Relevant congressional committees
The term relevant Congressional committees means—
(A)
the committees on Appropriations, Natural Resources, and Agriculture of the House of Representatives; and
(B)
the committees on Appropriations, Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the Senate.
(4) Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(5) Wildland-urban interface
The term wildland-urban interface has the meaning given such term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Study
(1) In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study to evaluate the effectiveness of wildfire mitigation methods available to the Forest Service as a means of reducing the risk of wildfire in covered ecosystems and the severity of damages from such wildfire in communities within or adjacent to covered ecosystems.
(2) Elements
In carrying out the study under paragraph (1), the Secretary shall, with respect to covered ecosystems—
(A)
evaluate the effectiveness and longevity of—
(i)
hazardous fuels management activities, including fuel modification through the use of strategic fuel breaks; and
(ii)
practices for maintaining the health of native ecosystems, including—
(I)
mitigating the development and spread of invasive species, including invasive weeds, grasses, and other vegetation; or
(II)
improving the resprouting of native shrub species on lands affected by wildfire;
(B)
evaluate the effectiveness of policies and protocols of the Forest Service with respect to limiting unintentional ember ignitions attributable to the public or man-made structures, including electrical infrastructure;
(C)
study the conditions (including weather, seasonality, and topography) under which each wildfire mitigation method evaluated under the study is most and least effective in reducing the risk of wildland fire;
(D)
identify administrative, operational, and budgetary factors that impede the ability of wildland fire managers and wildland firefighters to implement wildfire mitigation methods evaluated under the study; and
(E)
evaluate the effectiveness of partnerships between the Forest Service and non-Federal entities in reducing the vulnerability of homes, roadways, and other high-risk structures to ember ignition.
(3) Coordination; consultation
(A) Interagency coordination
In carrying out the study under paragraph (1), the Secretary shall, to the extent practicable and to avoid the duplication of research activities of the Federal Government, act in coordination with—
(i)
entities within the Forest Service with expertise in wildfire risk reduction and ecology in covered ecosystems, including the Shrub Sciences Laboratory and the Maintaining Resilient Dryland Ecosystems program; and
(ii)
the heads of Federal agencies conducting wildfire mitigation activities or hazardous fuels management activities in covered ecosystems, including the Secretary of the Interior.
(B) Consultation
In carrying out the study under paragraph (1), the Secretary may, and is encouraged to, solicit consultation from non-Federal public and private entities with relevant expertise in wildfire mitigation in covered ecosystems, as determined by the Secretary.
(c) Report
Not later than 90 days after the date on which the study under subsection (b)(1) is complete, the Secretary shall submit to the relevant Congressional committees, and make publicly available, a report that includes—
(1)
a summary of the results of the study;
(2)
based on the results of the study, identification by the Secretary of—
(A)
best practices for land managers in reducing the risk of wildfire in covered ecosystems; and
(B)
any areas implicated by the study that merit further research;
(3)
a comparison of the polices and protocols of the Forest Service with respect to reducing the risk of wildfire in covered ecosystems and the best practices identified under paragraph (2)(A); and
(4)
an evaluation by the Secretary of opportunities to improve coordination between the Forest Service and non-Federal entities on activities to improve wildfire resilience in covered ecosystems and reduce risks of harm from wildfire to the built environment, particularly in the wildland-urban interface.
Sec. 21204. Emergency authorities report
(a) In general
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Chief of the Forest Service and the Director of the Bureau of Land Management shall publish a joint report on the use of emergency authorities. The report shall include—
(1)
the number of times each authority has been utilized;
(2)
the number of acres affected by the use of each authority;
(3)
for each use of an emergency authority—
(A)
the name of the State and management unit in which the emergency authority was used;
(B)
the specific emergency authority used; and
(C)
the duration of any public comment period on each use of a relevant emergency authority; and
(4)
in the case of subsection (b)(2), the date that formal consultation was completed.
(b) Emergency authority defined
For the purposes of this subsection emergency authority
means:
(1)
section 46.150 of title 43, Code of Federal Regulations (as in effect on the date of enactment), with respect to land under the jurisdiction of the Secretary of the Interior;
(2)
section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment);
(3)
section 800.12 of title 36, Code of Federal Regulations (as in effect on the date of enactment), except that any reference contained in that regulation to an agency official
shall be considered to be a reference to a responsible official;
(4)
section 1b.9(v) of title 7, Code of Federal Regulations (as in effect on the date of enactment);
(5)
section 1b.9(w) of title 7, Code of Federal Regulations (as in effect on the date of enactment);
(6)
section 46.150 of title 43, Code of Federal Regulations (as in effect on the date of enactment); and
(7)
section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c).
(c) Consolidation
The report referenced in this subsection (a) may be included in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code.
Sec. 21205. Wildland fire performance metrics
(a) In general
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on existing key performance indicators and potential outcome-based performance measures to reduce wildfire risk on Federal land.
(b) Inclusions
The report submitted under subsection (a) shall identify solutions to track the implementation and effectiveness of hazardous fuels reduction activities and forest restoration treatments, including strategies—
(1)
to track whether land management activities are reducing wildfire hazards and ways to quantify and track acres in maintenance status;
(2)
to track place-based and locally led outcomes;
(3)
to standardize national-level monitoring measures;
(4)
to quantify catastrophic wildfire risk reduction;
(5)
to quantify carbon sequestration and climate resilience;
(6)
to quantify forest biodiversity and wildfire resilience, including as related to—
(A)
recreational services;
(B)
watershed conditions;
(C)
soil health and productivity;
(D)
fish and wildlife habitat;
(E)
water quantity and quality protection; and
(F)
late successional ecosystems.
(7)
to identify modeling and data challenges that are preventing the transition to annual wildfire risk mapping updates; and
(8)
to integrate advanced technologies or a combination of technologies and analyses that will benefit the quality of information reported.
(c) Definitions
In this section:
(1) Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Energy and Natural Resources of the Senate;
(B)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(C)
the Committee on Natural Resources of the House of Representatives; and
(D)
the Committee on Agriculture of the House of Representatives.
(2) Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Title II EFFECTIVE WILDFIRE RESPONSE AND TECHNOLOGY
Sec. 22001. Monitoring wildfires by satellite
(a) Definitions
In this section:
(1) Eligible entity
The term eligible entity means a State forester, emergency manager, or equivalent State official.
(2) Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
(b) Grant program To monitor wildfires by satellite
(1) Establishment
Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a competitive grant program under which the Secretary shall make at least 3 grants to eligible entities to monitor wildfires by satellite (in this section referred to as the Program
).
(2) Eligible projects
Each eligible entity awarded a grant under the Program shall only use such grant to—
(A)
purchase and integrate, through a public-private partnership, high-resolution multi- and hyper-spectral full spectrum imaging capability from visible, near-infrared, shortwave infrared, thermal infrared, and radar data from the latest-generation of wildfire monitoring satellites; and
(B)
use the data acquired under subparagraph (A), as well as any analyses relating to such data, to detect, assess, respond to, and manage wildfires, with an emphasis on—
(i)
monitoring active fire behavior, burned area, intensity, and severity;
(ii)
ensuring the safety and effectiveness of prescribed fire treatments; and
(iii)
guiding post-fire risk assessment and disaster recovery.
(3) Application
To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(4) Grant amount
Each grant awarded under the Program shall be in an amount the Secretary determines appropriate.
(5) Report
Not later than the last day of the second fiscal year beginning after the date of the enactment of this section, the Secretary shall submit to Congress a report that includes—
(A)
the number of applications received for a grant under the Program;
(B)
details of each eligible entity that was awarded a grant under the Program;
(C)
the impact of the Program on wildfire prevention;
(D)
any recommendation that the Secretary determines appropriate to establish the Program as a long-term grant program; and
(E)
any other information on the effectiveness of the Program that the Secretary determines appropriate.
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2027 through 2036 to carry out the Program.
Sec. 22002. Requirements relating to certain fire suppression cost share agreements
(a) Secretaries defined
In this section, the term Secretaries means—
(1)
the Secretary of Agriculture;
(2)
the Secretary of the Interior; and
(3)
the Secretary of Homeland Security.
(b) Establishment of standard operating procedures
Not later than 1 year after the date of the enactment of this section, the Secretaries shall—
(1)
establish standard operating procedures relating to payment timelines for fire suppression cost share agreements established under the Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the Reciprocal Fire Protection Act
); and
(2)
with respect to each fire suppression cost share agreement in operation on such date—
(A)
review each such agreement; and
(B)
modify each agreement as necessary to comply with the standard operating procedures required under paragraph (1).
(c) Alignment of fire suppression cost share agreements with cooperative fire protection agreements
The standard operating procedures required under subsection (b)(1) shall include a requirement that each fire suppression cost share agreement be aligned with each of the cooperative fire protection agreements applicable to the entity subject to such fire suppression cost share agreement.
(d) Payments pursuant to cost share agreements
With respect to payments made pursuant to fire suppression cost share agreements, the standard operating procedures required under subsection (b)(1) shall require that the Federal paying entity reimburse a local fire department or a State wildland firefighter agency if such fire department or agency submits an invoice in accordance with cost settlement procedures.
(e) Sense of Congress
It is the sense of Congress that the Secretaries should carry out reciprocal fire suppression cost share agreement repayments to local fire suppression organizations as soon as practicable after fire suppression occurs but not later than 1 year after fire suppression occurs.
Sec. 22003. Wildfire Science and Technology Advisory Board
(a) Establishment
The Secretary of the Interior shall establish a permanent advisory committee to be known as the Wildfire Science and Technology Advisory Board (in this section referred to as the Board
).
(b) Duties
The Board shall—
(1)
coordinate the operationalization within the Federal Government of wildfire research, including by—
(A)
identifying avenues for translating wildfire research into practical applications;
(B)
establishing criteria and frameworks to prioritize wildfire research projects for operationalization;
(C)
facilitating the transition of prioritized wildfire research into operational projects;
(D)
connecting and supporting entities in wildfire research and operations;
(E)
providing feedback to refine and enhance wildfire research outputs for practical application; and
(F)
partnering, as the Board determines appropriate, with private sector and federally funded research centers to further the work of the Board;
(2)
encourage wildfire researchers and Federal agencies undertaking wildfire operations to include—
(A)
relevant disciplines, such as public health, meteorological science, and predictive modeling; and
(B)
consideration of built and natural fire-prone environments; and
(3)
disseminate information, including by—
(A)
establishing mechanisms, such as newsletters and publications, online portals, webinars, and workshops, to disseminate wildfire research findings, operational best practices, and resources to relevant stakeholders and practitioners; and
(B)
promoting activities of the Board to ensure visibility and accessibility to stakeholders.
(c) Membership
(1) Number and appointment
The Board shall be composed of the following members:
(A)
The Secretary of the Interior (or the designee thereof).
(B)
The Secretary of Agriculture (or the designee thereof).
(C)
The Secretary of Commerce (or the designee thereof).
(D)
The Chief of the Forest Service (or the designee thereof).
(E)
The Director of the Bureau of Indian Affairs (or the designee thereof).
(F)
The Director of the Bureau of Land Management (or the designee thereof).
(G)
The Administrator of the Federal Emergency Management Agency (or the designee thereof, except that such designee may not be the member of the Board serving pursuant to subparagraph (H)).
(H)
The United States Fire Administrator (or the designee thereof).
(I)
The Director of the United States Fish and Wildlife Service (or the designee thereof).
(J)
The Administrator of the National Oceanic and Atmospheric Administration (or the designee thereof).
(K)
The Director of the National Park Service (or the designee thereof).
(L)
The Director of the National Institute of Standards and Technology (or the designee thereof).
(M)
The Director of the United States Geological Survey (or the designee thereof).
(N)
The Director of the Office of Science and Technology Policy (or the designee thereof).
(O)
The Director of the National Science Foundation (or designee thereof).
(P)
The Administrator of the National Aeronautics and Space Administration (or designee thereof).
(Q)
The Director of the Centers for Disease Control and Prevention (or designee thereof).
(R)
The Administrator of the Environmental Protection Agency (or designee thereof).
(S)
Not more than 18 non-Federal members, to be appointed by the Secretary of the Interior, as follows:
(i)
At least 1 representative from each of the following:
(I)
State government.
(II)
Local government.
(III)
Tribal government.
(ii)
Representatives of fire departments.
(iii)
Representatives of relevant private-sector entities, such as codes and standards-setting organizations, prescribed fire associations, and entities with expertise in wildfire science and wildfire risk identification, transfer, and mitigation.
(iv)
Wildfire, forest health, or ecological restoration researchers.
(v)
Public health experts.
(vi)
Meteorological scientists.
(vii)
Predictive modeling experts.
(viii)
Such other members as the Secretary of the Interior deems appropriate.
(2) Terms
(A) In general
Each member of the Board serving pursuant to paragraph (1)(S) shall be appointed for a term of 2 years.
(B) Vacancies
A vacancy on the Board shall be filled in the manner in which the original appointment was made.
(3) Pay and expenses
(A) Prohibition on compensation
A member of the Board shall serve without compensation.
(B) Travel expenses
Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(4) Chairperson
(A) In general
Except as provided in subparagraph (B), the Chairperson shall rotate annually among the members of the Board serving pursuant to subparagraphs (A), (B), and (C) of paragraph (1), beginning with the member serving pursuant to paragraph (1)(A), followed by the member serving pursuant to paragraph (1)(B).
(B) Exception
For any term, the members of the Board may designate a member of the Board to serve as the Chairperson of the Board in lieu of the official (or the designee thereof) who would otherwise serve as the Chairperson pursuant to subparagraph (A).
(5) Staff; temporary and intermittent services
(A) Staff
The Board may appoint personnel as it considers appropriate.
(B) Pay
The Chairperson of the Board may fix the compensation of the personnel appointed under subparagraph (A) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(C) Detail of Federal employees
The head of any Federal department or agency may detail any of the personnel of that department or agency to the Board. A detail under the preceding sentence shall be without reimbursement and without interruption or loss of civil service status or privilege.
(D) Procurement of temporary and intermittent services
The Chairperson of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
(d) Report
(1) In general
Not later than the date that is 2 years after the date of enactment of this Act, the Board shall submit a report to the relevant congressional committees, which shall—
(A)
detail the activities of the Board;
(B)
discuss progress on transitioning wildfire research into operations within the Federal Government;
(C)
discuss barriers to successfully transitioning wildfire research into operations within the Federal Government; and
(D)
provide recommendations on future wildfire research priorities and operational needs.
(2) Relevant congressional committees
In this subsection, the term relevant congressional committees means—
(A)
the Committees on Agriculture; Natural Resources; Science, Space, and Technology; and Transportation and Infrastructure of the House of Representatives; and
(B)
the Committees on Agriculture, Nutrition, and Forestry; Commerce, Science, and Transportation; Energy and Natural Resources; Environment and Public Works; and Homeland Security and Governmental Affairs of the Senate.
(e) Termination
Section 1013(a)(2) of title 5, United States Code, shall not apply to the Board.
(f) Funding
(1) Authorization of appropriations
There is authorized to be appropriated $10,000,000 to carry out this section, to remain available until expended.
(2) Additional funding
In addition to the amounts made available pursuant to paragraph (1), the Federal members of the Board may, for purposes of carrying out this section, use amounts whose purpose is not otherwise specified by the appropriations laws available to the employing agencies of such members.
Sec. 22004. Improvements to wildfire forage loss programs
(a) Livestock forage program
Section 1501(c)(4)(A)(ii) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(4)(A)(ii)) is amended by inserting (including a prescribed fire, beneficial fire, and wildfire managed for resource objectives)
before the period.
(b) Emergency livestock assistance program
Section 1501(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by striking and wildfires
and inserting , wildfires, beneficial fires, prescribed fires, and wildfires managed for resource objectives
.
Sec. 22005. Joint Office of the Fire Environment Center
(a) Definitions
In this section:
(1) Artificial intelligence
The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) Board
The term Board means the Board of the Joint Office.
(3) Director
The term Director means the Director of the Joint Office.
(4) Joint Office
The term Joint Office means the Joint Office of the Fire Environment Center under subsection (b)(1).
(5) Machine learning
The term machine learning has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(b) Establishment
(1) In general
Not later than one year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall establish a joint office, which shall be known as the Joint Office of the Fire Environment Center
.
(2) Structure
The Joint Office shall be composed of the following components:
(A)
Technology and Engineering, which shall focus on modeling and the building and testing of technology and may enter into public-private partnerships.
(B)
Data Services, which shall be responsible for the following:
(i)
Testing artificial intelligence and machine learning to support managers, firefighters, and public health officials on the ground, including by producing decision consequence data (including information and metrics used to forecast, evaluate, and measure outcomes of proposed courses of action), modeling risk, and suggesting resources based on fire and smoke conditions at the time and place of ignition detection.
(ii)
Working with State, local, and Tribal entities with respect to data sharing.
(C)
Analysis and Prediction.
(D)
Education and Consultation, which shall be responsible for incident management.
(E)
Any other component determined necessary or appropriate by the Board.
(c) Functions
(1) In general
(A) Availability of products and information
The Joint Office shall make available to the following the products and information developed by the Joint Office:
(i)
Geographic area coordination centers.
(ii)
Incident management teams.
(iii)
Land managers.
(iv)
Air quality and water provider agencies.
(v)
State, local, and Tribal governments.
(vi)
Public health agencies.
(B) Services and support
The Joint Office shall provide real-time, science-based, and data-rich scientific and technical analytic services, decision support, and predictive services, to inform land and fuels management, community risk reduction, and fire management and response, including the following:
(i)
Pre-fire mitigation and risk reduction activities for landscapes and communities, including through assessments and modeling of the following:
(I)
Climate condition.
(II)
Fuels.
(III)
Home ignition.
(IV)
Structure-to-structure spread.
(V)
Values-at-risk.
(ii)
Activities that better protect public health and safety during and after a fire, including the following:
(I)
Mapping services and data provision to support evacuation decisions in communities at risk.
(II)
Air quality monitoring and data forecasting to support health risk information that helps protect the public from smoke impacts associated with fire.
(iii)
Fire response and management, including the following:
(I)
Response preparedness and initial attack readiness for new fires.
(II)
Deployment of response resources.
(III)
Firefighter movement decisions during active fire management.
(iv)
Post-fire activities, including with respect to the following:
(I)
Vegetation recovery.
(II)
Debris flows and flooding.
(III)
Watershed protection.
(IV)
Ecosystem health.
(C) Coordination
The Administrator of the National Oceanic and Atmospheric Administration, in coordination with each of the agencies specified in subparagraphs (B) through (J) of subsection (d)(1), shall operate as a collective entity to produce accessible products and services for a variety of users and uses in fire management, including by carrying out the following:
(i)
Developing timely, manager-focused models, technologies, assessments, and forecasts, to support fire operational decision-making and short- and long-term fire planning.
(ii)
Integrating the existing specialties of the constituent land management, community preparedness, and public health agencies.
(2) Technological common operating environment
(A) In general
The Joint Office shall develop a technological common operating environment for practitioners across the spectrum of risk mitigation, prescribed fire, response, and post-disaster response, to guide the development of highly dynamic decision support tools.
(B) Public health information
The Joint Office shall ensure public health information that is essential to integrate into the common operating environment under subparagraph (A) is provided to Federal, State, and local public health agencies ensure the products of the Joint Office accurately reflect the depth and breadth of wildfire issues, including with respect to air quality data, forecasts, and information pertaining to the built environment.
(d) Board of the Joint Office
(1) Number and appointment
The Joint Office shall be governed by a board that is composed of 14 members, as follows:
(A)
One member who is a career employee of the National Oceanic and Atmospheric Administration, appointed by the Administrator of the National Oceanic and Atmospheric Administration.
(B)
One member who is a career employee of the United States Fire Administration, appointed by the Administrator of the United States Fire Administration.
(C)
One member who is a career employee of the Federal Emergency Management Agency, appointed by the Administrator of the Federal Emergency Management Agency.
(D)
One member who is a career employee of the National Weather Service, appointed by the Director of the National Weather Service.
(E)
One member who is a career employee of the Forest Service, appointed by the Chief of the Forest Service.
(F)
One member who is a career employee of the Department of the Interior, appointed by the Secretary of the Interior.
(G)
One member who is a career employee of the Bureau of Land Management, appointed by the Director of the Bureau of Land Management.
(H)
One member who is a career employee of the Bureau of Indian Affairs, appointed by the Director of the Bureau of Indian Affairs.
(I)
One member who is a career employee of the National Park Service, appointed by the Director of the National Park Service.
(J)
One member who is a career employee of the United States Fish and Wildlife Service, appointed by the Director of the United States Fish and Wildlife Service.
(K)
Two members who are non-Federal representatives of the wildfire community (such as representatives of nongovernmental organizations, State or local fire agencies with significant wildland fire expertise, or relevant unions) appointed by the Board.
(L)
Two members who are State representations of the wildfire community, appointed by the Board.
(2) Terms
(A) In general
Except as provided in subparagraphs (B) and (C), each member of the Board shall be appointed for a term of five years.
(B) Terms of initial appointees
For the members first appointed to the Board, the following apply:
(i)
The members appointed under subparagraphs (I) and (J) of paragraph (1) shall be appointed for terms of one year.
(ii)
The members appointed under subparagraphs (D) and (G) of such paragraph shall be appointed for terms of two years.
(iii)
The members appointed under subparagraphs (K) and (L) of such paragraph shall be appointed for terms of two years, which may be extended at the discretion of the Administrator.
(iv)
The members appointed under subparagraphs (F) and (H) of such paragraph shall be appointed for terms of three years.
(v)
The members appointed under subparagraphs (C) and (E) of such paragraph shall be appointed for terms of four years.
(C) Vacancies
A member of the Board appointed to fill a vacancy occurring before the expiration of the term for which such member’s predecessor was appointed shall be appointed only for the remainder of such term. Such member may serve after the expiration of such term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(3) Prohibition of compensation of Federal employees
A member of the Board who is a career employee of the United States may not receive additional pay, allowances, or benefits by reason of service on the Board.
(4) Travel expenses
Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(5) Quorum
Nine members of the Board shall constitute a quorum.
(6) Chairperson; vice chairperson
The Chairperson and Vice Chairperson of the Board shall be elected by the members of the Board. The term of office of the Chairperson and Vice Chairperson shall be one year.
(7) Meetings
The Board shall meet not less frequently than quarterly and at a call of a majority of the members of the Board.
(e) Director and staff of Joint Office; experts and consultants
(1) Director
The Joint Office shall have a Director who shall be appointed by the Board. To the extent or in the amounts provided in advance in appropriation Acts, the Director shall be paid at a rate of basic pay not to exceed the rate of basic pay for level II of the Executive Schedule. The budget and decision-making authority for the Joint Office is vested in the Director.
(2) Chief Information Officer, Chief Financial Officer, Chief Technology Officer, and Chief Operating Officer
With the approval of the Board, the Director may appoint a Chief Information Officer, Chief Financial Officer, Chief Technology Officer, and Chief Operating Officer.
(3) Staff
With the approval of the Board, the Director may appoint at least 100 personnel and may appoint such additional personnel as the Director considers appropriate.
(4) Applicability of certain civil service laws
The Director and staff of the Joint Office shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.
(5) Experts and consultants
With the approval of the Board, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under the General Schedule.
(6) Staff of Federal agencies
Upon request of the Director, the head of a Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency, as the case may be, to the Joint Office to assist in carrying out the duties of the Joint Office.
(f) Contract authority
The Joint Office may contract with and compensate government and private agencies or persons for supplies and services.
(g) Consultation
In carrying out the functions under this section, the Joint Office is encouraged to consult with and share relevant data with the Administrator of the Environmental Protection Agency, the Administrator of the National Aeronautics and Space Administration, the Director of the United States Geological Survey, and the Director of the Centers for Disease Control and Prevention.
(h) Authorization of appropriations
There is authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration to carry out this section $150,000,000 for each of fiscal years 2027 through 2036.
Sec. 22006. Interagency data collaboration environment
(a) Expansion of information system
(1) In general
Not later than one year after the date of the enactment of this Act, the Administrator of the United States Fire Administration shall expand the National Emergency Response Information System to include real-time information and analytics tools relating to the following:
(A)
Prescribed fires.
(B)
Wildfires that do not impact structures and infrastructure.
(2) Manner
The Administrator of the United States Fire Administration shall carry out the expansion under paragraph (1) in a manner compatible with, and shared with, existing wildland fire information collection at the Joint Office of the Fire Environment Center established under section 22005.
(b) Wildfire Digital Data Center
(1) Establishment
The Administrator of the United States Fire Administration shall establish a data center to be known as the Wildfire Digital Data Center
. The Wildfire Digital Data Center shall be a public, government, scientific research data catalog and repository available to assist in research by the wildfire community and to share relevant data.
(2) Data and modeling collaboration environment
The Wildfire Digital Data Center shall include a data and modeling collaboration environment for researchers across the wildfire community to engage with data across agencies and disciplines.
(3) Public access
The Administrator of the United States Fire Administration shall ensure the Wildfire Digital Data Center is in compliance with the guidance on public access policies as specified in the memorandum entitled Ensuring Free, Immediate, and Equitable Access to Federally Funded Research
and issued by the Office of Science and Technology Policy on August 25, 2022.
(4) Repository
The repository of the Wildfire Digital Data Center shall include information on the following:
(A)
Outcomes and impacts of wildfire and associated management actions.
(B)
Real-time data on new fire starts.
(C)
The effectiveness of wildfire risk mitigation measures.
(D)
Public health research related to wildland fire and fires in the built environment.
(5) Website
The Administrator of the United States Fire Administration shall coordinate with the Secretary of Agriculture, acting through the Chief of the Forest Service, to include on the publicly accessible website of the Wildfire Digital Data Center information relating to the following:
(A)
Post-wildfire impacts, and State and Federal programs and funding opportunities to address such impacts.
(B)
State and Federal best practices relating to the short- and long-term mitigation of wildfire.
(C)
Ecological recovery, assessment science, and State and Federal emergency declaration processes, with respect to wildfire.
(6) Rule of construction
Nothing in this section may be construed to affect the ownership of data sources by individual agencies.
(c) Findable, accessible, interoperable, and reusable requirement
(1) In general
The Administrator of the United States Fire Administration, the Secretary of the Interior, the Administrator of the Federal Emergency Management Agency, and the Chief of the Forest Service, through the Wildfire Digital Data Center, the Department of the Interior Library, the National Emergency Training Center Library, and the National Forest Service Library, respectively, shall provide services to make federally funded wildland and structural fire research data systems and data products findable, accessible, interoperable, and reusable (FAIR).
(2) Integration
The Administrator of the United States Fire Administration shall integrate the services required under paragraph (1) with the National Emergency Response Information System to better collect data and model the built environment.
(d) Authorization of appropriations
There is authorized to be appropriated to the Administrator of the United States Fire Administration to carry out this section $15,000,000 for each of fiscal years 2027 through 2036.
Sec. 22007. Study on wildfire mitigation across land ownership boundaries
(a) Study required
The Comptroller General of the United States shall conduct a study on—
(1)
the existing Federal programs, rules, and authorities that enable or inhibit wildfire mitigation from being completed across land ownership boundaries on Federal and non-Federal land;
(2)
whether changes to any program, rule, or authority (including changes to existing statutory definitions) identified pursuant to paragraph (1) would—
(A)
allow a covered agency increased capacity or access to funding to mitigate wildfires or improve forest health; and
(B)
enable better community protection and prevent the loss of structures due to wildfire; and
(3)
the activities carried out pursuant to a covered authority, including—
(A)
how to improve the efficacy of such activities with respect to mitigating wildfire; and
(B)
whether the enactment of such covered authority has increased capacity or access to funding to mitigate wildfires for a covered agency.
(b) Report
Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains—
(1)
the results of the study required under subsection (a); and
(2)
recommendations to simplify cross-boundary wildfire mitigation between Federal land management agencies and State, local, and Tribal governments.
(c) Definitions
In this section:
(1) Covered agency
The term covered agency means—
(A)
each Federal land management agency (as defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801));
(B)
the Natural Resources Conservation Service;
(C)
the Environmental Protection Agency;
(D)
the Federal Emergency Management Agency;
(E)
the United States Fire Administration;
(F)
States;
(G)
Indian Tribes; and
(H)
local governments.
(2) Covered authority
The term covered authority means—
(A)
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.);
(B)
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
(C)
the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);
(D)
the Tribal Forest Protection Act of 2004 (25 U.S.C. 3101 et seq.);
(E)
the collaborative forest landscape restoration program under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303); and
(F)
any other statutory authority that facilitates cross-boundary wildfire mitigation or forest health improvement activities, as determined by the Comptroller General of the United States.
Sec. 22008. Quadrennial fire review
(a) Definitions
In this section:
(1) Relevant committees
The term relevant committees means—
(A)
the Committees on Natural Resources, Agriculture, Homeland Security, and Science, Space, and Technology of the House of Representatives; and
(B)
the Committees on Energy and Natural Resources, Agriculture, Homeland Security and Governmental Affairs, and Commerce, Science, and Transportation of the Senate.
(2) Secretaries
The term Secretaries means the—
(A)
Secretary of Agriculture, acting through the Chief of the Forest Service, or their designee;
(B)
the Secretary of the Interior or their designee; and
(C)
the Secretary of Homeland Security or their designee.
(b) In general
The Secretaries shall jointly conduct a quadrennial review of the comprehensive wildfire environment in the United States for the purpose of—
(1)
identifying the greatest challenges for wildland fire management over the preceding 10-year and 20-year timeframes; and
(2)
developing long-term, strategic actions to address the challenges identified under paragraph (1).
(c) Contents
The quadrennial review conducted under subsection (b) shall include—
(1)
a summary of the most significant challenges relating to wildfire and wildland fire management that are anticipated during the 10-year and 20-year periods immediately following the report;
(2)
recommendations regarding such Federal legislation and administrative actions as the Secretaries determine necessary to address the challenges described in paragraph (1);
(3)
an evaluation of any progress made toward any relevant recommendations suggested by a wildfire report conducted in the preceding 10 years and carried out by the Government Accountability Office, a congressionally authorized commission; or by an agency under the jurisdiction of one of the Secretaries (including any Inspectors General reports and the National Cohesive Wildland Fire Management Strategy);
(4)
a quantitative analysis of changes to built and natural environments since the most recent quadrennial fire review and the impact of such changes on pre-fire mitigation, wildfire incident response, and proactive recovery from wildfire;
(5)
an analysis of the intersection between wildfire and public health, conducted in coordination with the Administrator of the Environmental Protection Agency and Secretary of Health and Human Services, acting through the Center for Disease Control and Prevention; and
(6)
projected future scenarios to highlight areas of consideration for realignment of programs, strategies, capabilities, and the workforce that will assist the Secretaries in addressing the challenges described in paragraph (1).
(d) Collaboration
The Secretaries may jointly carry out the report under subsection (b) with any State, Tribal, local, or nongovernmental entities with experience in wildland fire management, as determined by the Secretaries.
(e) Frequency
Not later than 12 months after the date of the enactment of this section, and every 4 years thereafter, the Secretaries shall jointly conduct the report under subsection (b) and submit it to the relevant committees.
(f) Inclusion of current assessments
In carrying out this section, the Secretaries may, to the extent practicable, rely on assessments completed or data gathered in the preceding four years.
Sec. 22009. The Wildland Dynamic Risk Mapping Program
(a) In general
Not later than 3 years after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall work jointly with the Administrator of the National Aeronautics and Space Administration, the Director of the United States Geological Survey, the Administrator of the United States Fire Administration, and the National Laboratories (as such term is defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) and seek to work with institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), to carry out the following:
(1)
Develop dynamic risk and hazard maps for the wildland and built environments in the United States.
(2)
Ensure the following:
(A)
Such maps are updated each wildfire season to reflect changes in the natural environment, such as postflood or fire alterations, and rapidly changing environmental conditions.
(B)
Such maps measure changes in fuels moisture on the temporal scale.
(C)
Such maps utilize remote sensing technology and on-the-ground monitoring.
(b) Authorization of appropriations
There is authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration to carry out this section $15,000,000 for each of fiscal years 2027 through 2036.
Sec. 22010. Report on radio communications
(a) In general
Not later than 2 years after the date of enactment of this Act, the Federal Emergency Management Administrator, acting through the United States Fire Administrator and in coordination with the Chief of the Forest Service, shall prepare a report relating to insufficient radio frequencies, barriers to interoperability of radio frequencies, and available products and technologies for overcoming barriers to interoperability for wildfire management.
(b) Cooperation
In preparing the report under subsection (a), the Administrator shall cooperate with—
(1)
the Secretary of Agriculture;
(2)
agencies responsible for the management of Federal land;
(3)
State fire marshals;
(4)
State and local emergency response agencies;
(5)
Tribal fire departments and emergency managers; and
(6)
municipal fire departments, fire protection districts, and volunteer fire departments in relevant communities.
(c) Compatibility; additional frequencies
The report under subsection (a) shall include—
(1)
a determination on whether the entities described in subsection (b) have the ability to communicate by way of radio during a potential fire suppression effort for a community conflagration;
(2)
a determination on whether—
(A)
the reserved radio frequencies are sufficient for wildfire management; or
(B)
additional frequencies, listed by type and location, are recommended to be reserved or obtained;
(3)
an analysis of commercially available technology and products to enable radios from multiple agencies operating on different radio frequencies to be interoperable; and
(4)
if the Administrator determines under paragraph (1) that any entities do not have the ability to communicate, a plan for ensuring such entities would be able to communicate adequately during a fire suppression effort for a community conflagration.
Sec. 22011. Resilience accelerator demonstration program
(a) Definitions
In this section:
(1) National laboratory
The term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(2) Resilience
The term resilience has the meaning given such term in section 1304A of the Energy Independence and Security Act of 2007 (42 U.S.C. 17384a).
(b) In general
The Secretary of Energy, acting through the Assistant Secretary of the Office of Cybersecurity, Energy Security, and Emergency Response of the Department of Energy, shall carry out a demonstration program, to be known as the Resilience Accelerator Demonstration Program
(in this section referred to as the Program
), to make awards to National Laboratories for projects that demonstrate innovative technologies to improve electric grid resilience with respect to wildfires.
(c) Eligible projects
The Secretary of Energy may make an award under the Program to facilitate a project that demonstrates an innovative technology to improve electric grid resilience with respect to wildfires, including—
(1)
a project that demonstrates an innovative technology for monitoring vegetation management; and
(2)
a project that demonstrates an innovative technology to enhance the safety of first responders who respond to electric grid emergencies.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out the Program $10,000,000 for each of fiscal years 2027 through 2036.
Sec. 22012. Wildfire detection equipment
To the extent practicable, the Secretary of Agriculture and the Secretary of the Interior shall each—
(1)
expedite the placement of wildfire detection equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire;
(2)
expand the use of satellite data to improve wildfire detection and response;
(3)
use unmanned aerial vehicles to assess wildland fires in their incipient stages to determine the appropriate initial response actions;
(4)
review procurement requirements for wildfire detection equipment within the context of modern and innovative technology; and
(5)
annually provide a forum for companies engaging in the development and testing of emergent wildland fire technology to engage with wildland fire managers.
Sec. 22013. Research and development of unmanned aircraft system fire applications
(a) Definitions
In this section:
(1) Secretaries
The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior.
(2) Unmanned aircraft system
The term unmanned aircraft system means an unmanned aircraft and associated elements (including, if applicable, communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently.
(b) Research
The Secretaries shall, acting through the Joint Fire Science Program, work with universities and other research institutions to carry out research and development on the wildfire response applications of unmanned aircraft systems.
(c) Testing
The Secretaries may coordinate with the Administrator of the Federal Aviation Administration to test an unmanned aircraft system developed under this section at an unmanned aircraft test range in accordance with section 44803 of title 49, United States Code.
(d) Authorization of appropriations
There are authorized to be appropriated to the Secretaries such sums as are necessary to carry out this section.
Title III WILDFIRE SMOKE AND PUBLIC HEALTH
Sec. 23001. National smoke monitoring and alert system
(a) Establishment
The Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Weather Service, and in conjunction with the Secretary of Agriculture acting through the Chief of the Forest Service, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention shall establish a nationally consistent smoke monitoring and alert system to provide consistent, real-time information and forecasts on air quality impacts from wildfire smoke, including wildfire smoke in the built environment.
(b) Increase in smoke sensors
In carrying out subsection (a), to ensure adequate and accessible data, the Administrator of the Environmental Protection Agency shall increase the availability and use of air monitoring devices for wildfire smoke, including, to distinguish wildfire smoke from other forms of air pollution, increasing the availability and use of—
(1)
speciation monitors; and
(2)
nonregulatory air monitors.
(c) Use of satellites
In carrying out subsection (a), the Administrator of the Environmental Protection Agency shall explore the use of satellites.
(d) Public county-Resolution smoke alert system for public health and roadways safety
In carrying out subsection (a), not later than 1 year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Weather Service and in coordination with the Secretary of Agriculture acting through the Chief of the Forest Service, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention shall establish a public county-resolution smoke alert system for public health and roadways safety which shall be based on levels of particulate matter. The system established under this subsection shall be in addition to the National Weather Service Dense Smoke Advisories, which are based on visibility.
(e) Collection and dissemination of air quality and smoke alert information
In carrying out subsection (a), the Director of the National Weather Service shall collect all air quality forecasts, including through AirNow, public notifications, and alerts for smoke issued by Federal, State, local, Tribal, and territorial air agencies and disseminate them through weather forecast office networks to enable the Wireless Emergency Alerts System to be extended to support smoke communications to protect public health.
(f) Forest service personnel and smoke monitoring equipment
In carrying out subsection (a), not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, in coordination with the Secretary of the Interior, shall expand the personnel and smoke monitoring equipment of the Forest Service to increase the capacity of the Forest Service to assess wildfire smoke, including wildfire smoke in the built environment, and carry out prescribed fires.
(g) Interagency wildland fire air quality response program personnel and smoke monitoring equipment
In carrying out subsection (a), not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall expand the personnel (including air resource advisors) of, and smoke monitoring equipment available to, the Interagency Wildland Fire Air Quality Response Program established under section 1114(f) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b–1(f)).
(h) Expansion of emergency response capacity
(1) In general
In carrying out subsection (a), the Administrator of the Environmental Protection Agency shall expand the emergency response capacity, including personnel and equipment, of the Environmental Protection Agency—
(A)
to measure air pollution from wildfires that involve combustion of hazardous materials; and
(B)
to communicate information during smoke events resulting from wildfires.
(2) Definition
In this subsection, the term hazardous materials means explosive, flammable, combustible, corrosive, oxidizing, toxic, infectious, or radioactive materials that, when involved in an accident and released in sufficient quantities, put some portion of the general public in immediate danger from exposure, contact, inhalation, or ingestion.
(i) Improvements to existing systems
In carrying out subsection (a), in order to maintain the Environmental Protection Agency AirNow framework and technology as a state-of-the-art, real-time resource for providing robust and actionable information to protect public health from wildfire smoke, the Administrator of the Environmental Protection Agency shall, as the Administrator determines appropriate, improve and modernize such AirNow framework and technology, including by making improvements to and otherwise modernizing AirNow.gov, AirNow-Tech, the AirNow Environmental Protection Agency and Forest Service Fire and Smoke Map, AirNow Forecast Submittal System, and the AirNow mobile app.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out this section $32,000,000 for each of fiscal years 2027 through 2036.
Sec. 23002. Health risk assessment for wildfire smoke exposure
(a) In general
Not later than 2 years after the date of the enactment of this Act, the Director of the National Institute for Occupational Safety and Health, in consultation with the Administrator of the Environmental Protection Agency, the Director of the Centers for Disease Control and Prevention, the Administrator of the United States Fire Administration, the Chief of the Forest Service, and the Director of the Office of Wildland Fire, shall complete a human health risk assessment for worker exposure to wildfire smoke to estimate the nature and probability of adverse health effects in workers who may be exposed to hazards from wildfire smoke, including wildfire smoke in the built environment.
(b) Requirements for assessment
The human health risk assessment required under subsection (a) shall address the following:
(1)
The health problems for workers that may be caused by exposure to wildfire smoke, including wildfire smoke in the built environment.
(2)
The probability that workers will experience health problems when exposed to different concentrations of wildfire smoke, including wildfire smoke in the built environment.
(3)
The chemicals that workers are exposed to from wildfire smoke, including wildfire smoke in the built environment, as well as the overall level and duration of such exposure.
(4)
The differences in worker susceptibility to health effects from exposure to wildfire smoke, including wildfire smoke in the built environment.
(5)
The effectiveness of mitigating both acute and cumulative exposures to wildfire smoke, including wildfire smoke in the built environment, in decreasing adverse health effects from such wildfire smoke.
(c) Best practices
Not later than 6 months after completing the human health risk assessment under subsection (a), the Director of the National Institute for Occupational Safety and Health shall develop and publish best practices to mitigate worker exposure to wildfire smoke, including wildfire smoke in the built environment. Such best practices shall be informed by the human health assessment completed under subsection (a).
(d) Authorization of appropriations
There is authorized to be appropriated to the Director of the National Institute for Occupational Safety and Health to carry out this section $1,000,000 for each of fiscal years 2027 through 2036.
Division C AGENCY MODERNIZATION AND FIREFIGHTER SAFETY
Title I WORKFORCE DEVELOPMENT
Sec. 31001. Middle Fire Leaders Academy
(a) Middle fire leaders academy
Not later than a 1 year after the date of the enactment of this Act, the Chief of the Forest Service, in coordination with National Wildfire Coordinating Group, shall create a Middle Fire Leaders Academy which shall be open to Federal and non-Federal wildland fire response workforce employees. The Middle Fire Leaders Academy shall provide—
(1)
rapid training and certification for emerging wildfire and beneficial fire leaders; and
(2)
additional and expanded training of sufficient quality to enable managers and decision makers responsible for addressing wildfire incidents and prescribed burns to make informed decisions regarding the beneficial application and management of fire, including managing local fire regimes and other forms of beneficial fire use.
(b) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2027 through 2036.
Sec. 31002. Wildfire workforce grant program
(a) Definitions
In this section:
(1) Accredited local academy
The term accredited local academy means a partnership, between a local fire suppression organization and the office of the Fire Marshall of a State, that delivers a State Fire Training program.
(2) Accredited regional training program
The term accredited regional training program means a partnership, between an institution of higher education and the office of the Fire Marshall of a State, or the State Wildland Firefighting Agency or in combination of Federal Land Management Agencies, that delivers an approved State Fire Training program within a given region.
(3) Eligible entity
The term eligible entity means—
(A)
an institution of higher education;
(B)
an accredited regional training program;
(C)
an accredited local academy; or
(D)
a nonprofit entity with experience administering education and training programs for fire service personnel.
(4) Institution of higher education
The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(b) Grants authorized
Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to carry out a program described in subsection (d).
(c) Application
To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require.
(d) Use of funds
An eligible entity that receives a grant under this section shall carry out an educational or vocational program that leads to a degree, certificate, or recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) in wildfire emergency management, including—
(1)
agricultural landscape planning relating to wildfire resilience;
(2)
natural resource management relating to wildfire resilience;
(3)
emergency management;
(4)
emergency medical technician services;
(5)
paramedic services;
(6)
fire science;
(7)
firefighting;
(8)
community planning relating to wildfire resilience;
(9)
short- and long-term post fire recovery safety and operations training for structural firefighters assigned to wildfire incidents; or
(10)
any other program that trains individuals in the wildfire mitigation, response, or recovery workforce.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2027 through 2036.
Sec. 31003. Civilian conservation centers
Public Law 91–378 (16 U.S.C. 1701 et seq.) is amended by adding at the end the following:
III Civilian Conservation Centers
301. Definitions
In this title:
(1) Civilian conservation center
The term Civilian Conservation Center means any residential workforce development or training facility for underserved youth operated by the Department of the Interior or the Department of Agriculture.
(2) Covered graduate
The term covered graduate means an individual who successfully completed a training program at a Civilian Conservation Center.
(3) Covered student
The term covered student means an individual who is enrolled in a training program at a Civilian Conservation Center.
(4) Secretaries
The term Secretaries means—
(A)
the Secretary of Agriculture; and
(B)
the Secretary of the Interior.
302. Civilian conservation centers wildfire and conservation training program
(a) Specialized training programs
The Secretaries, in coordination with the Secretary of Labor, shall offer at Civilian Conservation Centers specialized training programs focused on—
(1)
forestry and rangeland management;
(2)
wildland firefighting; or
(3)
any other topic relating to the mission of the Forest Service or the Department of the Interior or the public interest.
(b) Prioritization
The Secretaries shall prioritize offering specialized training programs under subsection (a) at facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)).
303. Wildland firefighting workforce development pilot
(a) In general
(1) Experiment, research, or demonstration pilots
The Secretary of Agriculture, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of Agriculture at Civilian Conservation Centers operated by the Department of Agriculture, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)).
(2) Curricula and courses
Curricula and courses described in paragraph (1) include—
(A)
incident management and emergency response logistics;
(B)
disaster response;
(C)
forest products measurement;
(D)
timber sale administration and preparation;
(E)
heavy equipment operation;
(F)
equipment and mechanical services;
(G)
industrial electrical;
(H)
machining;
(I)
mill operations;
(J)
forest restoration;
(K)
habitat and water quality monitoring;
(L)
watershed and habitat enhancement;
(M)
range management;
(N)
recreation access improvement;
(O)
volunteers and visitors enhancement; and
(P)
historic preservation.
(b) Requirements
In carrying out subsection (a), the Secretary of Agriculture shall—
(1)
identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, institutions of higher education, and Indian Tribes;
(2)
develop marketing, recruitment, and retention materials for the curricula and courses offerings provided under subsection (a);
(3)
provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable; and
(4)
improve Civilian Conservation Center facilities and modernize equipment used for the purposes of career and technical education.
304. Wildland firefighting workforce enhancement
(a) Recruitment goals and investments
(1) Recruitment goal
The Secretaries—
(A)
shall each set goals of—
(i)
hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs within the respective Department of each of the Secretaries;
(ii)
a certain percentage of covered graduates annually attaining employment within the wildland firefighting, natural resources, forestry, or a related field; and
(iii)
a certain percentage of covered graduates annually attaining employment; and
(B)
may make investments to support the recruitment, training, hiring, and retention of covered graduates.
(2) Signing bonus
The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities.
(b) Direct hire authority
For fiscal year 2027, and each fiscal year thereafter through 2036, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards.
(c) Pathways to employment
The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs.
(d) Disadvantaged youth employment
Notwithstanding any other provision of law, the Secretaries may employ covered students at regular rates of pay for necessary hours of work.
(e) Use of covered students for contracts, agreements, and grants
To the maximum extent practicable, the Secretary of Agriculture shall encourage the use of covered students to fulfill obligations under contracts, agreements, and grants relevant to the training administered by the Forest Service at a unit of the National Forest System where a Civilian Conservation Center is located.
305. Wildland firefighting housing pilot program
(a) In general
The Secretaries shall establish a pilot program to employ covered students to improve and expand the housing stock owned by the Federal Government for the purpose of housing wildland firefighters, volunteers, partner crewmembers, interns, and other agency employees.
(b) Requirements
In carrying out the pilot program under subsection (a), the Secretaries shall—
(1)
identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters, volunteers, partner crewmembers, interns, and other agency employees;
(2)
identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and
(3)
submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1).
306. Report
Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report—
(1)
describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and
(2)
identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers.
Sec. 31004. Pilot program to employ veterans in positions relating to Federal wildland firefighting activities
(a) Definitions
In this section:
(1) Appropriate congressional committees
The term appropriate congressional committees means the following:
(A)
The Committee on Agriculture of the House of Representatives.
(B)
The Committee on Natural Resources of the House of Representatives.
(C)
The Committee on Veterans’ Affairs of the House of Representatives.
(D)
The Committee on Agriculture, Nutrition, and Forestry of the Senate.
(E)
The Committee on Energy and Natural Resources of the Senate.
(F)
The Committee on Veterans’ Affairs of the Senate.
(2) Employee
The term employee has the meaning given such term in section 2105 of title 5, United States Code.
(3) Wildland firefighting activities
The term wildland firefighting activities means any temporary, seasonal, or permanent position at the Department of Agriculture or the Department of the Interior, and Tribal Firefighters, that maintains group, emergency incident management, or fire qualifications, as established annually by the Standards for Wildland Fire Position Qualifications published by the National Wildfire Coordinating Group, that primarily engages in or supports wildland fire management, including forestry and rangeland technicians and positions concerning aviation, engineering heavy equipment operations, dispatch, or fire and fuels management.
(b) Establishment
The Secretary of Veterans Affairs, in coordination with the Secretary of Agriculture and the Secretary of the Interior, shall jointly establish a pilot program to employ veterans in wildland firefighting activities.
(c) Duties
The duties of such Secretaries with respect to such pilot program are as follows:
(1)
The Secretary of Veterans Affairs shall be responsible for administering such pilot program.
(2)
The Secretary of Agriculture and the Secretary of the Interior shall be responsible for—
(A)
identifying vacant positions in the Department of Agriculture and the Department of the Interior, respectively, that are appropriate for veterans selected for participation in such pilot program; and
(B)
to the extent practicable, employing such veterans in such positions.
(d) Application of civil service laws
A veteran employed under the pilot program under subsection (b) shall be treated as an employee of the Department of Agriculture or the Department of the Interior, as the case may be.
(e) Best practices
The Secretary of Veterans Affairs shall establish guidelines that include best practices for departments and agencies of the Federal Government that carry out programs to employ veterans who are transitioning from service in the Armed Forces. Such guidelines shall include—
(1)
lessons learned under the Warrior Training Advancement Course of the Department of Veterans Affairs; and
(2)
methods to realize cost savings based on such lessons.
(f) Reports
(1) Initial report
Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the Secretary of the Interior, shall jointly submit to the appropriate congressional committees a report on the pilot program under subsection (b), including—
(A)
a description of how such pilot program will be carried out in a manner to reduce the unemployment of veterans; and
(B)
any recommendations for legislative actions to improve such pilot program.
(2) Implementation
Not later than 1 year after the date on which the Secretary of Veterans Affairs commences such pilot program, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the Secretary of the Interior, shall jointly submit to the appropriate congressional committees a report on the implementation of such pilot program.
(3) Final report
Not later than 30 days after the date on which such pilot program concludes, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the Secretary of the Interior, shall jointly submit to the appropriate congressional committees a report that includes—
(A)
an identification of—
(i)
the number of veterans who applied to participate in such pilot program;
(ii)
the number of such veterans employed pursuant to such pilot program; and
(iii)
the number of veterans described in clause (ii) who transitioned to full-time positions with the Federal Government after participating in such pilot program; and
(B)
any other information the Secretaries determine appropriate with respect to measuring the effectiveness of such pilot program.
(g) Termination date
The authority to carry out the pilot program under subsection (b) shall terminate on the date that is 2 years after the date on which the Secretary of Veterans Affairs commences such pilot program.
Title II STAFF SAFETY AND SUPPORT
Subtitle A Tim Hart Wildland Firefighter Support
Sec. 32101. Special limitations on pay for wildland firefighters
(a) In general
Title 5, United States Code, is amended—
(1)
by inserting after section 5547 the following:
5547a. Special limitations on premium pay for employees engaged in wildland firefighting
(a)
In this section—
(1)
the term covered employee means an employee of the Forest Service or the Department of the Interior who—
(A)
qualifies as a wildland firefighter based on the definitions of
firefighterandwildland firefighterin section 5332a(a); or(B)
is certified by the applicable agency to perform wildland fire incident related duties during the period such employee is assigned to a qualifying incident;
(2)
the term covered services means services performed by an employee that are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to primarily involve emergency wildfire suppression activities, including any periods of duty when the employee is sleeping or resting during an extended period of deployment to engage in those activities;
(3)
the term emergency wildland fire suppression activities means initial-response and extended-response activities that directly relate to suppression of a wildfire, including activities associated with a severity incident but excluding activities associated with a prescribed fire incident (as those terms are defined section 5545c); and
(4)
the term premium pay means the premium pay paid under the provisions of law cited in section 5547(a), except as otherwise provided in subsection (h).
(b)
Any premium pay earned by a covered employee for covered services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of applying a limitation under section 5547.
(c)
Any premium pay that is disregarded under subsection (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of applying the limitation in section 5307.
(d)
Pay that is disregarded under subsection (b) may not be paid to the extent it would cause the aggregate of the employee’s basic pay, premium pay, and hazard pay under section 5545(d) payable in the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313, as in effect at the end of such calendar year. Any premium pay that is subject to a biweekly limitation under section 5547(c) must be paid first before other premium pay in applying the level II limitation.
(e)
Application of the limit in subsection (d) or subsection (h) to a covered employee may be waived at the sole and exclusive discretion of the Secretary of the Interior or the Secretary of Agriculture, as applicable. Before authorizing such a waiver for employees of their respective agencies, each Secretary, after consulting with the other Secretary, shall prescribe criteria that will be applied in making a determination to grant a waiver.
(f)
Any additional pay resulting from application of this section may not be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552.
(g)
The Departments of the Interior and Agriculture shall maintain records that document uses of the authority provided by this section.
(h)
(1)
For prevailing rate employees described in section 5342(a)(2)(A) who meet the requirements in subsection (a)(l) to qualify as a covered employee, premium pay may not be paid to the extent it would cause the aggregate of the employee’s basic pay and premium pay in the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313, as in effect at the end of such calendar year.
(2)
For the purposes of this subsection, the term basic pay means wages, environmental differential pay, and night shift differential pay, and the term premium pay means overtime pay, Sunday premium pay, and holiday premium pay.; and
(2)
in section 5541(2)(xi), by inserting , section 5547a(h),
after section 5544
.
(b) Calendar year 2026
For the purpose of applying section 5547 and section 1701 of division B of Public Law 117–43 (5 U.S.C. 5547 note) in calendar year 2026, incident standby premium pay shall be included in premium pay that is subject to the limits established in those sections.
(c) Effective date
The amendments made by subsection (a) shall take effect on the first day of the first pay period that has a payment date in January 2027. Subsection (b) shall be effective on the first day of the first applicable pay period beginning on or after October 1, 2026.
(d) Clerical amendment
The table of sections for chapter 55 of title 5, United States Code, is further amended by inserting after the item for section 5547 the following new item:
Sec. 32102. Rest and recuperation leave for employees engaged in wildland firefighting
(a) In General
Title 5, United States Code, is amended by inserting after section 6329d the following:
6329e. Rest and recuperation leave for employees engaged in wildland firefighting
(a) Definitions
In this section:
(1) Applicable Secretary
The term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior.
(2) Covered employee
The term covered employee means an employee of the Forest Service or the Department of the Interior who—
(A)
qualifies as a
wildland firefighterbased on the definitions offirefighterandwildland firefighterin section 5332a(a) (applying the definition ofemployeein section 6301(2) in lieu of the definition ofemployeein section 5331(a)); or(B)
is certified by the applicable agency to perform wildland fire incident related duties during the period such employee is assigned to a qualifying incident.
(3) Qualifying incident
The term qualifying incident has the meaning given that term in section 5545c(a)(5).
(b) Rest and recuperation
A covered employee may receive paid rest and recuperation leave following the completion of service under a qualifying incident, subject to policies established at the sole and exclusive discretion of the Secretary of the Agriculture or the Secretary of the Interior, as applicable. Each Secretary shall prescribe such policies after consulting with the other Secretary.
(c) Application
Rest and recuperation leave granted under this section shall be used during scheduled hours within the covered employee’s tour of duty established for leave-charging purposes and shall be paid in the same manner as annual leave. Rest and recuperation leave must be used immediately after a qualifying incident and may not be set aside for later use. A covered employee may not receive any payment for unused rest and recuperation leave.
(d) Intermittent work schedules
A covered employee with an intermittent work schedule shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave and shall receive a payment as if the covered employee with an intermittent work schedule were entitled to rest and recuperation leave under subsections (b) and (c).
(b) Effective date
The amendments made by subsection (a) shall be effective on the first day of the first applicable pay period beginning on or after October 1, 2026.
(c) Clerical amendment
The table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following new item:
Sec. 32103. Health provisions
(a) Database; recommendations
Not later than 1 year after the date of enactment of this Act, the Secretaries shall—
(1)
establish and maintain a publicly accessible, searchable database on a website, to be called the Federal Wildland Firefighter Cancer and Cardiovascular Disease Database
, to track chronic disease caused by on-the-job environmental exposure over the lifetimes of current and former Federal wildland firefighters;
(2)
update such database not less than on a yearly basis; and
(3)
develop and adhere to recommendations on mitigation strategies to minimize exposure to environmental hazards for Federal wildland firefighters.
(b) Mental health
(1) Mental health program
Not later than January 1, 2027, the Secretaries shall establish and carry out a program for Federal wildland firefighters for mental health awareness and support. Such program shall include the following:
(A)
A mental health awareness campaign.
(B)
A mental health education and training program that includes an on-boarding curriculum.
(C)
An extensive peer-to-peer mental health support network for Federal wildland firefighters and their immediate family.
(D)
Expansion of the Critical Incident Stress Management Program, to develop and retain a larger pool of qualified mental health professionals who are familiar with the experiences of the emergency response workforce. The Program shall monitor and track mental health in the profession to better understand the scope of the issue and provide ongoing assistance and professional long-term care to patients.
(E)
Establish and carry out a new and distinct mental health support service specific to Federal wildland firefighters and their immediate family, with culturally relevant and trauma informed mental health professionals who are readily available, and not subject to any limit on the number of sessions or service provided.
(2) Mental health leave
Each Federal wildland firefighter shall be entitled to 7 consecutive days of leave, without loss or reduction in pay, during any calendar year. Leave provided under this paragraph shall not—
(A)
accumulate for use in succeeding years; and
(B)
be considered to be annual or vacation leave for purposes of section 5551 or 5552 of title 5, United States Code, or for any other purpose.
(c) Coordination
In carrying out subsections (a) and (b), the Secretaries may enter into partnerships or cooperative agreements with other Federal agencies, universities, or non-profit institutions.
(d) OWCP
The Office of Workers’ Compensation Programs within the Department of Labor shall—
(1)
recognize post-traumatic stress disorder and psychological stress-related injuries or illnesses correlated to fire protection, suppression, and incident support activities, and ensure long-term coverage for the duration of the illnesses; and
(2)
expand the Special Claims Unit to ensure adequate unit staffing levels are sufficient to expedite the claims process and shorten response times to wildland firefighter and incident support personnel injured or effected on the job in order to alleviate the psychological and financial burdens placed on the patient and their families.
Sec. 32104. Retirement for firefighters
(a) Deposit service
Notwithstanding any other provision of law, any service performed by an individual as a Federal wildland firefighter on or after January 1, 1989, for which retirement deductions under chapter 84 of title 5, United States Code, have not been made shall be creditable under such chapter, but only if such firefighter—
(1)
submits a written election to the Director; and
(2)
the deposit requirements of section 8411(f) of such title had been met with respect to such service.
(b) Disability annuity
Beginning on the date of enactment of this Act, any Federal wildland firefighter who suffers from a disease described in section 8143b(b)(2) of title 5, United States Code, due to environmental job-related exposure, including smoke inhalation, silicate inhalation, and firefighting toxic exposure, shall be considered to be disabled for purposes of section 8451 of such title. Such section 8451 shall be applied to any such firefighter by substituting 12 months
for 18 months
.
(c) Including overtime as basic pay
Section 8331(3) of title 5, United States Code, is amended—
(1)
in subparagraph (H), by striking and
at the end;
(2)
in subparagraph (I), by inserting and
after the semicolon;
(3)
by inserting after subparagraph (I) the following:
(J)
with respect to a Federal wildland firefighter (as that term is defined in section 5332a(a)), overtime pay received on or after the date of enactment of this subparagraph;; and
(4)
in the undesignated matter following subparagraph (J) (as added by paragraph (3)), by striking subparagraphs (B) through (I) of this paragraph
and inserting subparagraphs (B) through (J) of this paragraph,
.
(d) Separate normal-Cost percentage
Section 8423(a)(1)(B)(i) of title 5, United States Code, is amended by inserting after firefighters,
the following: Federal wildland firefighter (as that term is defined in section 5332a(a)),
.
Sec. 32105. Pay parity for Federal structural firefighters
(a) In general
Not later than 1 year after the date of enactment of this Act, any pay, benefits, and bonuses provided to any Federal structural firefighter shall be comparable with the pay, benefits, and bonuses provided for Federal wildland firefighters under this subtitle, the amendments made by this subtitle, and section 5332a of title 5, United States Code. Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report to Congress on whether pay for such Federal structural firefighters is competitive with Federal wildland firefighters.
(b) Federal structural firefighter defined
In this section, the term Federal structural firefighter—
(1)
has the meaning given the term firefighter in section 8401 of chapter 84 of title 5, United States Code; and
(2)
does not include any Federal wildland firefighter.
Sec. 32106. Pay adjustments and other matters
(a) Annual adjustments
Notwithstanding any other provision of law, beginning in the first pay period beginning on or after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the basic rate of pay for each Federal wildland firefighter occupying a position within such pay scale shall be increased by not less than the percentage equal to the percent change in the Consumer Price Index (all items—United States city average), published monthly by the Bureau of Labor Statistics, for December of the preceding year over such Consumer Price Index for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
(b) Compensation comparable to non-Federal firefighters
Not later than 1 year after the date of the enactment of this Act, the Secretaries shall submit a report to Congress on whether pay, benefits, and bonuses provided to Federal wildland firefighters are comparable to the pay, benefits, and bonuses provided for non-Federal firefighters in the State or locality where Federal wildland firefighters are based.
(c) Hazardous duty pay
Each Federal wildland firefighter carrying out work completed during prescribed fire, parachuting, tree climbing over 20 feet, hazard tree removal, and other hazardous work as identified by the Secretaries, shall be entitled to be paid the appropriate differential under section 5545(d) of title 5, United States Code, as if such employee was covered by such section. The Director may prescribe regulations to carry out this subsection.
(d) Other matters
(1) Recruitment and retention bonus
In order to promote the recruitment and retention of Federal wildland firefighters, the Director, in coordination with the Secretaries, shall establish a program under which a recruitment or retention bonus of not less than $1,000 may be paid to a Federal wildland firefighter in an amount as determined appropriate by the Director and the Secretaries. The minimum amount of such bonus in the previous sentence shall be increased each year by the Consumer Price Index in the manner prescribed under subsection (a). Any bonus under this subsection—
(A)
shall be paid to any primary or secondary Federal wildland firefighter upon the date that such firefighter successfully completes a work capacity test; and
(B)
may not be paid to any such firefighter more than once per calendar year.
(2) Housing allowance
The Secretaries shall provide a housing allowance to any Federal wildland firefighter deployed to a location more than 50 miles from their primary residence. Such allowance shall be in an amount determined appropriate by the Secretaries and adjusted based on the cost of housing in the area of deployment.
(3) Career transition
(A) In general
Not later than 1 year after the date of enactment of this Act, the Secretaries shall establish, maintain, coordinate, and operate a voluntary tuition assistance program for Federal wildland firefighters occupying a permanent position that encompass a broad range of educational experiences (either in-person or through distance-learning), including academic skills development, vocational programs, career and technical programs, and programs leading to the award of undergraduate and graduate degrees.
(B) Amount
The program under subparagraph (A) shall provide, not more than once during each calendar year, a payment of not less than $4,000 to each Federal wildland firefighter who elects to participate in the program.
(C) Review
The Secretaries shall conduct an annual review of whether the amount provided under subparagraph (B) is adequate, in consideration of inflation and other effects.
Sec. 32107. Wildland fire management casualty assistance program
(a) Development of program
Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall develop a Wildland Fire Management Casualty Assistance Program (referred to in this section as the Program
) to provide assistance to the next-of-kin of—
(1)
firefighters who, while in the line of duty, suffer illness or are critically injured or killed; and
(2)
wildland fire support personnel critically injured or killed in the line of duty.
(b) Aspects of program
The Program shall address the following:
(1)
The initial and any subsequent notifications to the next-of-kin of a firefighter or wildland fire support personnel who—
(A)
is killed in the line of duty; or
(B)
requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness.
(2)
The reimbursement of next-of-kin for expenses associated with travel to visit a firefighter or wildland fire support personnel who—
(A)
is killed in the line of duty; or
(B)
requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness.
(3)
The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities.
(4)
The relief or transfer of casualty assistance officers, including notification to survivors of critical injury or illness in the line of duty and next-of-kin of the reassignment of such officers to other duties.
(5)
Centralized, short-term and long-term case management procedures for casualty assistance, including rapid access by survivors of firefighters or wildland fire support personnel and casualty assistance officers to expert case managers and counselors.
(6)
The provision, through a computer accessible website and other means and at no cost to survivors and next-of-kin of firefighters or wildland fire support personnel, of personalized, integrated information on the benefits and financial assistance available to such survivors from the Federal Government.
(7)
The provision of information to survivors and next-of-kin of firefighters or wildland fire support personnel on mechanisms for registering complaints about, or requests for, additional assistance related to casualty assistance.
(8)
Liaison with the Department of the Interior, the Department of Justice, and the Social Security Administration to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for survivors of firefighters or wildland fire support personnel.
(9)
Data collection, in consultation with the United States Fire Administration and the National Institute for Occupational Safety and Health, regarding the incidence and quality of casualty assistance provided to survivors of firefighters or wildland fire support personnel.
(c) Line of duty death benefits
The Program shall not affect existing authorities for Line of Duty Death benefits for Federal firefighters and wildland fire support personnel.
(d) Next-of-Kin defined
In this section, the term next-of-kin means person or persons in the highest category of priority as determined by the following list (categories appear in descending order of priority):
(1)
Surviving legal spouse.
(2)
Children (whether by current or prior marriage) age 18 years or older in descending precedence by age.
(3)
Father or mother, unless by court order custody has been vested in another (adoptive parent takes precedence over natural parent).
(4)
Siblings (whole or half) age 18 years or older in descending precedence by age.
(5)
Grandfather or grandmother.
(6)
Any other relative (precedence to be determined in accordance with the civil law of descent of the deceased former member’s State of domicile at time of death).
Sec. 32108. Continuing accrual of service for firefighters
(a) Federal employees’ retirement system
Section 8401(14) of title 5, United States Code, is amended to read as follows:
(14)
the term firefighter means—
(A)
an employee, the duties of whose position—
(i)
are primarily to perform work directly connected with the control and extinguishment of non-wildland fires; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B)
an employee, the duties of whose position—
(i)
are primarily to perform work directly connected with the control and extinguishment of wildland fires; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(C)
an employee who—
(i)
is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and
(ii)
while serving in such supervisory or administrative position, has no break in service; or
(D)
an employee who—
(i)
occupies a supervisory or administrative position after performing duties described in subparagraph (B) for not less than 3 years; and
(ii)
has not more than 24 months in total time of breaks in service;
(b) Service before date of enactment
(1) In general
Subject to the requirements under paragraph (2), service performed before the date of enactment of this Act by an individual who, on the date of enactment of this Act, is an employee (as defined in section 8401(11) of title 5, United States Code) shall, for the purposes of chapter 84 of title 5, United States Code, be treated as service performed by a firefighter if—
(A)
such service was performed during the period beginning on October 1, 2003, and ending on the day before the date of enactment of this Act;
(B)
at the time of performing such service—
(i)
the individual did not meet the requirements to be a firefighter under section 8401(14) of title 5, United States Code, because of a break in service; and
(ii)
would have met the requirements to be a firefighter under section 8401(14)(D) of title 5, United States Code, as amended by this Act; and
(C)
appropriate deductions and withholdings under sections 8422 and 8423 of title 5, United States Code, were made during such service.
(2) Credit for service
To receive credit for eligible service under paragraph (1), the applicable individual shall—
(A)
before the date on which the individual separates from service in the agency in which the individual holds a position on the date of enactment of this Act, submit a written election to the agency employing the individual;
(B)
if the individual is not employed by the agency that employed the individual when the service described in paragraph (1) was performed, submit a written election to such agency; and
(C)
remit to the agency that employed the individual when such service was performed the additional amount that would have been deducted during the period of prior service under section 8422 of title 5, United States Code, from the pay of the individual if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed under section 8334€ of title 5, United States Code.
(3) Government contributions
If an individual remits payment under paragraph (2)(C) with respect to service described in paragraph (1), the agency that employed the individual when such service was performed shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total additional amount of Federal contributions that would have been paid under section 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed in accordance with section 8334e of title 5, United States Code.
(4) Notification and assistance requirements
The Director of the Office of Personnel Management shall—
(A)
take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection, or to have any annuity computed under this subsection, of the entitlement to the credit or computation; and
(B)
upon request, assist any individual described in subparagraph (A) in obtaining such information in the possession of the Secretary of Agriculture or the Secretary of the Interior, as applicable, as may be necessary to verify the entitlement of the individual to have any service credited, or to have any annuity computed, pursuant to this subsection.
(5) Rule of construction
Nothing in this section shall be construed to permit or require the making of any contribution to the Thrift Savings Fund that would not otherwise have been permitted or required but for the enactment of this section.
(c) Retention of enhanced retirement benefits during period of non-Federal service
Section 104(e)(2) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5323(e)) is amended by adding at the end the following: Any Federal wildland firefighter who retains coverage, rights, and benefits under such chapter 83 or 84 pursuant to this paragraph shall retain enhanced retirement benefits under either such chapter.
.
(d) Job-Sharing
Notwithstanding any other provision of law, a Federal wildland firefighter or wildland fire support personnel may occupy a position in the civil service (as that term is defined in section 2101 of title 5, United States Code) and a position with a Tribal Government under a job-share agreement even if the position with a Tribal Government is classified at a level higher than the civil service position, including any level that is above that of the highest level applicable to the General Schedule.
Subtitle B Federal Workforce Stability
Sec. 32201. Prohibition on reductions in force and involuntary separations at Department of the Interior and United States Forest Service
(a) Prohibition
During the period beginning on the date of the enactment of this Act and ending on September 30, 2030, without prior notification and approval of the chairs and ranking members of the Committees on Appropriations of the House of Representatives and the Senate, no Federal funds may be obligated or expended to—
(1)
initiate, implement, or otherwise carry out a reduction in force within the Department of the Interior or the United States Forest Service; or
(2)
carry out an involuntary separation of any employee in the competitive service, any career employee in the excepted service, or any career appointee in the Senior Executive Service at the Department of Interior or the United States Forest Service except for cause on charges of misconduct, delinquency, or performance.
(b) Definitions
In subsection (a), the terms competitive service, excepted service, and career appointee have the meaning given those terms in sections 2102, 2103, and 3132(a), respectively, of title 5, United States Code.
Sec. 32202. Prohibition on closure of forest service research and development facilities
Notwithstanding any other provision of law, the Secretary of Agriculture may not close any research and development facility of the Forest Service, including by independent action of the Secretary or any level of agency reorganization, without prior notification and approval of the chairs and ranking members of the Committees on Appropriations in the House of Representatives and the Senate.