January 16, 2025
Mr. Westerman (for himself, Mr. Peters, Mr. Tiffany, Mr. Panetta, Mr. Stauber, Mr. Whitesides, Mr. Collins, Mr. Vasquez, Mrs. Kim, Mr. Costa, Mr. Zinke, Mr. Harder of California, Mr. Johnson of South Dakota, Mr. Bera, Mrs. Kiggans of Virginia, Mr. Garamendi, Ms. Maloy, Mr. Thompson of California, Mr. Begich, Mr. Correa, Mr. Crank, Mr. Golden of Maine, Mr. Ezell, Mr. Mullin, Mr. Hurd of Colorado, Ms. Lee of Nevada, Mr. Valadao, Mr. Gray, Mr. Barr, Mr. Hoyer, Mr. Carter of Georgia, Ms. Pettersen, Mr. Joyce of Pennsylvania, Mr. Obernolte, Mr. Walberg, Mr. LaMalfa, Mr. Gosar, Ms. Boebert, Mr. McClintock, Mr. Issa, Mr. Fong, Ms. Hageman, Mr. Fry, and Mr. Amodei of Nevada) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Science, Space, and Technology, 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 expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Fix Our Forests Act
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Definitions
In this Act:
(1) Director
The term Director means the Director of the Fireshed Center appointed under section 102.
(2) Fireshed
The term fireshed means a landscape-scale area that faces similar wildfire threat where a response strategy could influence the wildfire outcome.
(3) Fireshed management project
The term fireshed management project means a project under section 106.
(4) Fireshed Registry
The term Fireshed Registry means the fireshed registry established under section 103.
(5) Forest plan
The term forest plan means—
(A)
a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
(B)
a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or
(C)
a forest management plan (as defined in section 304 of the National Indian Forests Resources Management Act (25 U.S.C. 3104)) with respect to Indian forest land or rangeland.
(6) Governor
The term Governor means the Governor or any other appropriate executive official of an affected State or Indian Tribe or the Commonwealth of Puerto Rico.
(7) Hazardous fuels management activities
The term hazardous fuels management activities means any vegetation management activities (or combination thereof) that reduce the risk of wildfire, including mechanical thinning, mastication, prescribed burning, cultural burning (as determined by the applicable Indian Tribe), timber harvest, and grazing.
(8) HFRA terms
The terms at-risk community, community wildfire protection plan, and wildland-urban interface have the meanings given such terms, respectively, in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(9) 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.
(10) Indian Tribe
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(11) National Forest System lands
The term National Forest System lands 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).
(12) Public lands
The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands.
(13) Relevant Congressional Committees
The term relevant Congressional Committees means—
(A)
the Committees on Natural Resources and Agriculture of the House of Representatives; and
(B)
the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.
(14) Responsible official
The term responsible official means an employee of the Department of the Interior or Forest Service who has the authority to make and implement a decision on a proposed action.
(15) Secretaries
The term Secretaries means each of—
(A)
the Secretary of the Interior; and
(B)
the Secretary of Agriculture.
(16) Secretary
The term Secretary means the Secretary of Agriculture.
(17) 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.
(18) Special District
The term special district means a political subdivision of a State that—
(A)
has significant budgetary autonomy or control;
(B)
was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
(C)
is distinct from any other local government unit within the State.
(19) State
The term State means each of the several States, the District of Columbia, and each territory of the United States.
Title I Landscape-Scale Restoration
Subtitle A Addressing Emergency Wildfire Risks in High Priority Firesheds
Sec. 101. Designation of fireshed management areas
(a) Designation of fireshed management areas
(1) Initial designations
For the period beginning on the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act, there are designated fireshed management areas, which—
(A)
shall be comprised of individual landscape-scale firesheds identified as being a high risk fireshed in the Wildfire Crisis Strategy
published by the Forest Service in January 2022;
(B)
shall be comprised of individual landscape-scale firesheds identified by the Secretary, in consultation with the Secretary of the Interior, as being in the top 20 percent of the 7,688 firesheds published by the Rocky Mountain Research Station of the Forest Service in 2019 for wildfire exposure based on the following criteria—
(i)
wildfire exposure and corresponding risk to communities, including risk to life and structures;
(ii)
wildfire exposure and corresponding risk to municipal watersheds, including tribal water supplies and systems; and
(iii)
risk of forest conversion due to wildfire;
(C)
shall not overlap with any other fireshed management areas;
(D)
may contain Federal and non-Federal land, including Indian forest lands or rangelands; and
(E)
where the Secretary concerned shall carry out fireshed management projects.
(2) Further fireshed management area designations
(A) In general
On the date that is 5 years after the date of the enactment of this Act and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit to the relevant Congressional Committees an updated map of firesheds based on the Fireshed Registry maintained under section 103.
(B) Designation
Not later than 60 days after submitting an updated fireshed map under subparagraph (A), the Secretary shall, based on such map, designate additional fireshed management areas that are identified as being in the top 20 percent of firesheds at risk of wildfire exposure based on the criteria specified in subparagraphs (B), (C), (D), and (E) of paragraph (1).
(b) Applicability of NEPA
The designation of fireshed management areas under this section shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 102. Fireshed center
(a) Establishment
(1) In general
The Secretary, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, shall jointly establish an interagency center, to be known as the Fireshed Center (hereinafter referred to as the Center
) to carry out the purposes in subsection (b).
(2) Composition
(A) Divisions
The Center shall be comprised of the following divisions:
(i)
Technology and Engineering.
(ii)
Data Services.
(iii)
Analysis and Prediction.
(iv)
Education and Consultation.
(B) Representatives
The Center shall be comprised of at least one career representative from each of the following:
(i)
The Forest Service.
(ii)
The Bureau of Land Management.
(iii)
The National Park Service.
(iv)
The Bureau of Indian Affairs.
(v)
The U.S. Fish and Wildlife Service.
(vi)
The U.S. Geological Survey.
(vii)
The Department of Defense.
(viii)
The Department of Homeland Security.
(ix)
The Department of Energy.
(x)
The Federal Emergency Management Agency.
(xi)
The National Science Foundation.
(xii)
The National Oceanic and Atmospheric Administration.
(xiii)
The National Aeronautics and Space Administration.
(xiv)
The National Institute of Standards and Technology.
(xv)
The United States Fire Administration.
(C) Appointments
Each representative of a Department, Agency, or other entity specified in subparagraph (B) shall be appointed by the head of that Department, Agency, or other entity, as applicable.
(3) Director
The representatives appointed under paragraph (2) shall, by majority vote, appoint a Director of the Center, who—
(A)
shall be an employee of the U.S. Geological Survey or the Forest Service;
(B)
shall serve an initial term of not more than 7 years;
(C)
may serve one additional term of not more than 7 years after the initial term described in subparagraph (B); and
(D)
shall be responsible for the management and operation of the Center.
(4) Associate directors
In consultation with the representatives appointed under paragraph (2), the Director may appoint such Associate Directors as the Director determines necessary.
(5) Additional representation
The Secretary, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, may jointly appoint additional representatives of Federal agencies, States, Indian Tribes, or local governments to the Center, as the Secretaries determine necessary.
(b) Purposes
The purposes of the Center are to—
(1)
comprehensively assess and predict, using data tools (including artificial intelligence) and other decision support products, fire and smoke in the wildland and built environment interface across jurisdictions to inform—
(A)
land and fuels management;
(B)
community (including at-risk communities identified in fireshed assessments conducted under section 105) and built environment risk reduction, including the support and development of community wildfire protection plans and evacuation decisions; and
(C)
public health risk reduction related to wildland fire and smoke, including air quality monitoring and forecasting and smoke prediction models;
(D)
fire response and management, including the pre-positioning of wildfire suppression personnel and assets based on real-time risk; and
(E)
post-fire recovery activities, including activities related to vegetation recovery, debris flows and flooding, watershed recovery and protection, and ecosystem health;
(2)
provide data aggregation, real-time land and fuels management services, and science-based decision support services to inform the purposes specified in subparagraph (A) through (E) of paragraph (1);
(3)
reduce fragmentation and duplication across Federal land management agencies with respect to predictive service and decision support functions related to wildland fire and smoke, including through the provision of data aggregation described in paragraph (2);
(4)
promote coordination and sharing of data regarding wildland fire and smoke decision making (including through the provision of data aggregation described in paragraph (2)) to each of the entities specified in subparagraphs (A) through (F) of paragraph (8);
(5)
streamline procurement processes for technologies (including technologies identified under the pilot program established under section 303) and cybersecurity systems related to addressing wildland fire and smoke for the purposes of scaling such technologies and systems across Federal agencies;
(6)
amplify and distribute existing, and develop as necessary, publicly accessible data, models, technologies (including mapping technologies), assessments, and National Weather Service fire weather forecasts to support short- and long-term planning regarding wildland fire and smoke risk reduction and post-fire recovery while avoiding duplicative efforts, as determined by the Director;
(7)
maintain the Fireshed Registry established under section 103; and
(8)
disseminate data tools (including artificial intelligence) and other decision support products, for use in manners consistent with the purposes described paragraphs (1) through (7), to the following:
(A)
Federal agencies.
(B)
Indian Tribes.
(C)
State and local governments.
(D)
Academic or research institutions.
(E)
Wildland firefighting entities, including applicable incident management teams and geographic coordination centers.
(F)
Other entities, including public, private, and nonprofit entities, with expertise in land management, air quality, water management, or public health, as determined appropriate by the Director.
(c) Memoranda of understanding
The Center may enter into memoranda of understanding, contracts, or other agreements with State governments, Indian Tribes, local governments, academic or research institutions, and private entities to improve the information and operations of the Center.
(d) Administrative support, technical services, and staff support
(1) USGS support
The Secretary of the Interior shall make personnel of the U.S. Geological Survey available to the Center for such administrative support, technical services, and development and dissemination of data as the Secretary determines necessary to carry out this section.
(2) USFS support
The Secretary shall make personnel of the Forest Service available to the Center for such administrative support, technical services, and the development and dissemination of information related to fireshed management and the Fireshed Registry as the Secretary determines necessary to carry out this section.
(3) Funding
Notwithstanding section 708 of title VII of division E of the Consolidated Appropriations Act, 2023 (Public Law 117–328), the Secretary of the Interior and Secretary may enter into agreements to share the management and operational costs of the Center.
(e) Rule of construction
Nothing in this section shall be construed to affect the ownership of any data sources.
Sec. 103. Fireshed registry
(a) Fireshed registry
The Secretary, acting through the Director of the Fireshed Center appointed under section 102, shall maintain a Fireshed Registry on a publicly accessible website that provides interactive geospatial data on individual firesheds, including information on—
(1)
wildfire exposure delineated by ownership, including rights-of-way for utilities and other public or private purposes;
(2)
any hazardous fuels management activities that have occurred within an individual fireshed in the past 10 years;
(3)
wildfire exposure with respect to such fireshed delineated by—
(A)
wildfire exposure and corresponding risk to communities, including risk to life and structures;
(B)
wildfire exposure and corresponding risk to municipal watersheds, including tribal water supplies and systems; and
(C)
risk of forest conversion due to wildfire;
(4)
the percentage of the fireshed that has burned in wildfires in the past 10 years, including, to the extent practicable, delineations of acres that have burned at a high severity;
(5)
spatial patterns of wildfire exposure, including plausible extreme fire events; and
(6)
any hazardous fuels management activities planned for the fireshed, including fireshed management projects.
(b) Community Wildfire Protection Plans
The Director shall make data from the Fireshed Registry available to local communities developing or updating community wildfire protection plans.
(c) Requirement to maintain
As part of the website containing the Fireshed Registry, the Director shall—
(1)
publish fireshed assessments created under section 105; and
(2)
maintain a searchable database to track—
(A)
the status of Federal environmental reviews, permits, and authorizations for fireshed management projects, including—
(i)
a comprehensive permitting timetable;
(ii)
the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable with respect to such fireshed management projects;
(iii)
any modifications of the permitting timetable required under clause (i), including an explanation as to why the permitting timetable was modified; and
(iv)
information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available;
(B)
the projected cost of such fireshed management projects; and
(C)
in the case of completed fireshed management projects, the effectiveness of such projects in reducing the wildfire exposure within an applicable fireshed, including wildfire exposure described in subparagraphs (A) through (C) of subsection (a)(3).
(d) Reliance on existing assessments
In carrying out this section, the Director may rely on assessments completed or data gather through existing partnerships, to the extent practicable.
Sec. 104. Shared stewardship
(a) Joint agreements
Not later than 90 days after receiving a written request from a Governor of a State or an Indian Tribe, the Secretary concerned shall enter into a shared stewardship agreement (or similar agreement) with such Governor or Indian Tribe to jointly—
(1)
promote the reduction of wildfire exposure, based on the criteria in section 101(a)(1)(B), in fireshed management areas across jurisdictional boundaries; and
(2)
conduct fireshed assessments under section 105.
(b) Additional fireshed management areas
With respect to a shared stewardship agreement (or similar agreement) with a Governor of a State or an Indian Tribe entered into under subsection (a), the Secretary concerned, if requested by such Governor or Indian Tribe, may—
(1)
designate additional fireshed management areas under such agreement; and
(2)
update such agreement to address new wildfire threats.
Sec. 105. Fireshed assessments
(a) Fireshed assessments
(1) In general
Not later than 90 days after the date on which the Secretary concerned enters into an agreement with a Governor of a State or an Indian Tribe under section 104, the Secretary concerned and such Governor or Indian Tribe shall, with respect to the fireshed management areas designated in such State, jointly conduct a fireshed assessment that—
(A)
identifies—
(i)
using the best available science, wildfire exposure risks within each such fireshed management area, including scenario planning and wildfire hazard mapping and models; and
(ii)
each at-risk community within each fireshed management area;
(B)
identifies potential fireshed management projects to be carried out in such fireshed management areas, giving priority—
(i)
primarily, to projects with the purpose of reducing—
(I)
wildfire exposure and corresponding risk to communities, including risk to life and structures;
(II)
wildfire exposure and corresponding risk to municipal watersheds, including tribal water supplies and systems;
(III)
risk of forest conversion due to wildfire; or
(IV)
any combination of purposes described in subclauses (I) through (III); and
(ii)
secondarily, to projects with the purpose of protecting—
(I)
critical infrastructure, including utility infrastructure;
(II)
wildlife habitats, including habitat for species listed under the Endangered Species Act (16 U.S.C. 1531 et seq.);
(III)
the built environment, including residential and commercial buildings;
(IV)
resources of an Indian Tribe, as defined by the Indian Tribe; or
(V)
any combination of purposes described in subclauses (I) through (IV);
(C)
includes—
(i)
a strategy for reducing the threat of wildfire to at-risk communities in the wildland-urban interface on both Federal and non-Federal land;
(ii)
a timeline for the implementation of fireshed management projects;
(iii)
long-term benchmark goals for the completion of fireshed management projects in the highest wildfire exposure areas so that such projects contribute to the development and maintenance of healthy and resilient landscapes;
(iv)
policies to ensure fireshed management projects comply with applicable forest plans and incorporate the best available science; and
(v)
a strategy for reducing the threat of wildfire to improve the effectiveness of wildland firefighting, particularly the effectiveness of fuels treatments that would improve wildland firefighter safety during wildfires;
(D)
shall be regularly updated based on the best available science, as determined by the Secretary concerned; and
(E)
shall be publicly available on a website maintained by the Secretary concerned.
(2) Local government participation
Upon the written request of a local government, the Secretary concerned and the Governor of the State in which the local government is located may allow such local government to participate in producing the fireshed assessment under paragraph (1) for such State.
(3) Information improvement
(A) Memoranda of understanding
In carrying out a fireshed assessment under this subsection, the Secretary concerned may enter into memoranda of understanding with other Federal agencies or departments (including the National Oceanic and Atmospheric Administration), States, Indian Tribes, private entities, or research or educational institutions to improve, with respect to such assessment, the use and integration of—
(i)
advanced remote sensing and geospatial technologies;
(ii)
statistical modeling and analysis; or
(iii)
any other technology or combination of technologies and analyses that the Secretary concerned determines will benefit the quality of information of such an assessment.
(B) Best available science
In using the best available science for the fireshed assessments completed under subsection (a)(1), the Secretary concerned and Governor shall, to the maximum extent practicable, incorporate—
(i)
traditional ecological knowledge from Indian Tribes;
(ii)
data from State forest action plans and State wildfire risk assessments;
(iii)
data from the Fireshed Registry maintained under section 103; and
(iv)
data from other Federal, State, Tribal, and local governments or agencies.
(b) Applicability of NEPA
Fireshed assessments conducted under this section shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 106. Emergency fireshed management
(a) Fireshed management projects
(1) In general
The Secretary concerned, acting through a responsible official, shall carry out fireshed management projects in fireshed management areas designated under section 101 in accordance with this section.
(2) Fireshed management projects
The responsible official shall carry out the following forest and vegetation management activities as fireshed management projects under this section:
(A)
Conducting hazardous fuels management activities.
(B)
Creating fuel breaks and fire breaks.
(C)
Removing hazard trees, dead trees, dying trees, or trees at risk of dying, as determined by the responsible official.
(D)
Developing, approving, or conducting routine maintenance under a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)).
(E)
Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand as determined by the responsible official.
(F)
Using chemical or re-seeding and planting treatments to address insects and disease and control vegetation competition or invasive species.
(G)
Any activities recommended by an applicable fireshed assessment carried out under section 105.
(H)
Any activities recommended by an applicable community wildfire protection plan.
(I)
Any combination of activities described in this paragraph.
(3) Emergency fireshed management
(A) In general
For any fireshed management area designated under section 101, the following shall have the force and effect of law:
(i)
Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary.
(ii)
Section 46.150 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary of the Interior.
(iii)
Section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(iv)
Section 800.12 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(B) Utilization of existing streamlined authorities in fireshed management areas
(i) In general
Fireshed management projects carried out under this section shall be considered authorized projects under the following categorical exclusions:
(I)
Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)).
(II)
Section 605(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(a)).
(III)
Section 606(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e(b)).
(IV)
Section 40806(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(b)).
(V)
Section 4(c)(4) of the Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2353).
(ii) Additional emergency actions
Subsection (d) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) shall apply to fireshed management projects under this section in the same manner as such subsection applies to authorized emergency actions (as defined in subsection (a) of such section 40807) under such section 40807.
(iii) Use of expedited authorities
In carrying out a fireshed management project, the Secretary shall apply a categorical exclusion under clause (i)—
(I)
in a manner consistent with the statute establishing such categorical exclusion; and
(II)
in any area—
(aa)
designated as suitable for timber production within the applicable forest plan; or
(bb)
where timber harvest activities are not prohibited.
(iv) Fiscal Responsibility Act requirements
In carrying out this section, the Secretary concerned shall ensure compliance with the amendments made to the National Environmental Policy Act (42 U.S.C. 4321 et seq.) by the Fiscal Responsibility Act of 2023 (Public Law 118–5).
(v) Use of other authorities
To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out fireshed management projects, including—
(I)
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act);
(II)
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act);
(III)
self-determination contracts and self-governance compact agreements entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and
(IV)
agreements entered into under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.).
(b) Expansion
(1) HFRA amendments
The Healthy Forests Restoration Act of 2003 is amended—
(A)
in section 3 (16 U.S.C. 6502), by inserting at the end the following:
(3) Local Government
The term local government means a county, municipality, or special district.
(4) Special District
The term special district means a political subdivision of a State that—
(A)
has significant budgetary autonomy or control;
(B)
was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
(C)
is distinct from any other local government unit within the State.
(B)
in section 603(c)(1) (16 U.S.C. 6591b(c)(1)), by striking 3000 acres
and inserting 10,000 acres
;
(C)
in section 603(c)(2)(B) (16 U.S.C. 6591b(c)(2)(B)), by striking Fire Regime Groups I, II, or III
and inserting Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V
;
(D)
in section 605(c)(1) (16 U.S.C. 6591d(c)(1)), by striking 3000 acres
and inserting 10,000 acres
; and
(E)
in section 606(g) (16 U.S.C. 6591e(g)), by striking 4,500 acres
and inserting 10,000 acres
.
(2) Infrastructure Investment and Jobs Act amendment
Section 40806(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)), by striking 3,000 acres
and inserting 10,000 acres
.
(3) Lake Tahoe Restoration Act amendments
Section 4(c)(4)(C) of the Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2353) is amended—
(A)
by striking Lake Tahoe Basin Management Unit
; and
(B)
by inserting applicable to the area
before the period at the end.
Sec. 107. Sunset
The authority under this subtitle shall terminate on the date that is 7 years after the date of enactment of this Act.
Subtitle B Expanding Collaborative Tools to Reduce Wildfire Risk and Improve Forest Health
Sec. 111. Modification of the treatment of certain revenue and payments under good neighbor agreements
(a) Good neighbor authority
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
(1)
in subsection (a)(6), by striking or Indian tribe
;
(2)
in subsection (a), by inserting the following:
(11) Special District
The term special district means a political subdivision of a State that—
(A)
has significant budgetary autonomy or control;
(B)
was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
(C)
is distinct from any other local government unit within the State.
(3)
in subsection (b)—
(A)
in paragraph (1)(A), by inserting , Indian Tribe, special district,
after Governor
;
(B)
in paragraph (2)(C)—
(i)
in clause (i)—
(I)
by inserting special district,
after Indian Tribe,
each place it appears;
(II)
in subclause (I)—
(aa)
by striking on
; and
(bb)
by striking ; and
and inserting a semicolon;
(III)
in subclause (II)(bb), by striking the period at the end and inserting a semicolon; and
(IV)
by adding at the end the following:
(III)
to construct new permanent roads on Federal lands that are—
(aa)
necessary to implement authorized restoration activities; and
(bb)
approved by the Federal agency through an environmental analysis or categorical exclusion decision;
(IV)
to complete new permanent road construction to replace and decommission an existing permanent road that is adversely impacting forest, rangeland, or watershed health; and
(V)
if there are funds remaining after carrying out subclauses (I) through (IV), to carry out authorized restoration services under other good neighbor agreements and for the administration of a good neighbor authority program by a Governor, Indian tribe, special district, or county.; and
(ii)
in clause (ii), by striking 2028
and inserting 2030
; and
(C)
in paragraph (3), by inserting , Indian Tribe, special district,
after Governor
; and
(D)
by striking paragraph (4).
(b) Conforming amendments
Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1)
in paragraph (1)(B), by inserting , Indian Tribe, special district,
after Governor
; and
(2)
in paragraph (5), by inserting , Indian Tribe, special district,
after Governor
.
(c) Effective date
The amendments made by this section apply to any project initiated pursuant to a good neighbor agreement (as defined in section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)))—
(1)
before the date of enactment of this Act, if the project was initiated after the date of enactment of the Agriculture Improvement Act of 2018 (Public Law 115–334; 132 Stat. 4490); or
(2)
on or after the date of enactment of this Act.
Sec. 112. Fixing stewardship end result contracting
Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended—
(1)
in subsection (b), by inserting , including retaining and expanding existing forest products infrastructure
before the period at the end;
(2)
in subsection (d)(3)(B), by striking 10 years
and inserting 20 years
; and
(3)
in subsection (h), by adding at the end the following:
(4) Special rule for long-term stewardship contracts
(A) In general
A long-term agreement or contract entered into with an entity under subsection (b) by the Chief or the Director shall provide that in the case of the cancellation or termination by the Chief or the Director of such long-term agreement or contract, the Chief or the Director, as applicable, shall provide 10 percent of the agreement or contract amount to such entity as cancellation or termination costs.
(B) Definition of long-term agreement or contract
In this paragraph, the term long-term agreement or contract means an agreement or contract under subsection (b)—
(i)
with a term of more than 5 years; and
(ii)
entered into on or after the date of the enactment of this paragraph.
Sec. 113. Intra-agency strike teams
(a) Establishment
The Secretary concerned shall establish intra-agency strike teams to assist the Secretary concerned with—
(1)
any reviews, including analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consultations under the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), with the intent to accelerate and streamline interagency consultation processes;
(2)
the implementation of any necessary site preparation work in advance of or as part of a fireshed management project;
(3)
the implementation of fireshed management projects under such section; and
(4)
any combination of purposes under paragraphs (1) through (3).
(b) Members
The Secretary concerned may appoint not more than 10 individuals to serve on an intra-agency strike team comprised of—
(1)
employees of the Department under the jurisdiction of the Secretary concerned;
(2)
employees of a different Federal agency, with the consent of that agency’s Secretary;
(3)
private contractors from any nonprofit organization, State government, Indian Tribe, local government, quasi-governmental agency, academic institution, or private organization; and
(4)
volunteers from any nonprofit organization, State government, Indian Tribe, local government, quasi-governmental agency, academic institution, or private organization.
(c) 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. 114. Locally-led restoration
(a) Threshold adjustment
Section 14(d) of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) is amended by—
(1)
striking $10,000
and inserting $55,000
; and
(2)
by adding at the end the following: Beginning on January 1, 2027, and annually thereafter, the amount in the first sentence of this subsection shall be adjusted by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
.
(b) Fireshed management projects
Beginning on the date that is 30 days after the date of enactment of this Act, the Secretary shall solicit bids under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) for fireshed management projects under section 106.
Sec. 115. 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 (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;
(3)
in subsection (g)(2), by inserting and at least once every 2 fiscal years thereafter
after and 2023
; and
(4)
in subsection (h)(1), by striking and 2023
and inserting through 2030
.
Sec. 116. Collaborative forest landscape restoration program
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 adding and
at the end; and
(C)
by adding at the end the following:
(iii)
include a plan to provide support to collaborative processes 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 ; and
; and
(iii)
by adding at the end the following:
(G)
proposals that seek to use innovative implementation mechanisms, including good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);
(H)
proposals that seek to remove or treat insects or diseases, including the removal of trees killed by, or infested with, bark beetles in Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming;
(I)
proposals that seek to facilitate the sale of firewood and Christmas trees on lands under the jurisdiction of the Secretary or the Secretary of the Interior;
(J)
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
(K)
proposals that seek to enhance watershed health and drinking water sources.; and
(B)
in paragraph (3)—
(i)
by amending subparagraph (A) to read as follows:
(A)
4 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and;
(ii)
by striking subparagraph (B); and
(iii)
by redesignating subparagraph (C) as subparagraph (B); and
(4)
in subsection (f)(6), by striking 2019 through 2023
and inserting 2025 through 2030
.
Sec. 117. Utilizing grazing for wildfire risk reduction
The Secretary, acting through the Chief of the Forest Service, in coordination with holders of permits to graze livestock on Federal land, shall develop a strategy to increase opportunities to utilize livestock grazing as a wildfire risk reduction strategy, including—
(1)
completion of reviews (as required under the National Environmental Policy Act of 1969 (U.S.C. 4321 et seq.)) to allow permitted grazing on vacant grazing allotments during instances of drought, wildfire, or other natural disasters that disrupt grazing on allotments already permitted;
(2)
use of targeted grazing;
(3)
increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses;
(4)
increased use of grazing as a postfire recovery and restoration strategy, where appropriate; and
(5)
use of all applicable authorities under the law.
Sec. 118. Water source protection program
Section 303 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(g)(4)(B)) is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;
(B)
by inserting before paragraph (2), as so redesignated, the following:
(1) Adjacent land
The term adjacent land means non-Federal land, including State, local, and private land, that is adjacent to, and within the same watershed as, National Forest System land on which a watershed protection and restoration project is carried out under this section.; and
(C)
in paragraph (2), as so redesignated—
(i)
by redesignating subparagraphs (G) and (H) as subparagraphs (K) and (L), respectively; and
(ii)
by inserting after subparagraph (F) the following:
(G)
an acequia association;
(H)
a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure;
(I)
a land-grant mercedes;
(J)
a local, regional, or other private entity that has water delivery authority;;
(2)
in subsection (b)—
(A)
by striking The Secretary shall
and inserting the following:
(1) In general
The Secretary shall; and
(B)
by adding at the end the following:
(2) Requirements
A watershed protection and restoration project under the Program shall be designed to—
(A)
protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
(B)
protect and restore forest health from insect infestation and disease or wildfire; or
(C)
advance any combination of the purposes described in subparagraphs (A) and (B).
(3) Priorities
In selecting watershed protection and restoration projects under the Program, the Secretary shall give priority to projects that would—
(A)
provide risk management benefits associated with: drought; wildfire; post-wildfire conditions; extreme weather; flooding; resilience to climate change; and watershed and fire resilience, including minimizing risks to watershed health, water supply and quality, and water-related infrastructure, including municipal and agricultural water supply systems;
(B)
support aquatic restoration and conservation efforts that complement existing or planned forest restoration or wildfire risk reduction efforts; or
(C)
provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems.
(4) Conditions for projects on adjacent land
(A) In general
No project or activity may be carried out under this section on adjacent land unless the owner of the adjacent land agrees in writing that the owner is a willing and engaged partner in carrying out that project or activity.
(B) Effect
Nothing in this section shall be construed to authorize any change in—
(i)
the ownership of adjacent land on which a project or activity is carried out under this section; or
(ii)
the management of adjacent land on which a project or activity is carried out under this section, except during the carrying out of that project or activity.;
(3)
in subsection (c)—
(A)
in paragraph (1), by striking with end water users
and inserting
with end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water—
(A)
to the end water users subject to the agreement; or
(B)
for the benefit of another end water user.;
(B)
in paragraph (2)—
(i)
in subparagraph (C), by striking or
at the end;
(ii)
by redesignating subparagraph (D) as subparagraph (E); and
(iii)
by inserting after subparagraph (C) the following:
(D)
a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); or; and
(C)
by adding at the end the following:
(3) Cooperation with non-Federal partners
The Secretary shall cooperate with non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section.;
(4)
in subsection (d)—
(A)
by amending paragraph (2) to read as follows:
(2) Requirement
A water source management plan shall be—
(A)
designed to protect and restore ecological integrity (as defined in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph));
(B)
based on the best available scientific information; and
(C)
conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.; and
(B)
by adding at the end the following:
(4) Reducing redundancy
An existing watershed plan, such as a watershed protection and restoration action plan developed under section 304(a)(3), or other applicable watershed planning documents as approved by the Secretary may be used as the basis for a water source management plan under this subsection.; and
(5)
in subsection (e)(1), by striking primary purpose of
and all that follows through the period at the end and inserting primary purpose of advancing any of the purposes described in subsection (b)(2).
.
Sec. 119. Watershed condition framework technical corrections
Section 304(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543(a)) is amended in paragraphs (3) and (5) by striking protection and
.
Subtitle C Litigation Reform
Sec. 121. Commonsense litigation reform
(a) In general
A court shall not enjoin a covered agency action if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.
(b) Balancing short- and long-term effects of covered agency action in considering injunctive relief
As part of its weighing the equities while considering any request for an injunction that applies to a covered agency action, the court reviewing such action shall balance the impact to the ecosystem likely affected by such action of—
(1)
the short- and long-term effects of undertaking such action; against
(2)
the short- and long-term effects of not undertaking such action.
(c) Limitations on judicial review
(1) In general
Notwithstanding any other provision of law (except this section), in the case of a claim arising under Federal law seeking judicial review of a covered agency action—
(A)
a court shall not hold unlawful, set aside, or otherwise limit, delay, stay, vacate, or enjoin such agency action unless the court determines that—
(i)
such action poses or will pose a risk of a proximate and substantial environmental harm; and
(ii)
there is no other equitable remedy available as a matter of law; and
(B)
if a court determines that subparagraph (A) does not apply to the covered agency action the only remedy the court may order with regard to such agency action is to remand the matter to the agency with instructions to, during the 180-day period beginning on the date of the order, take such additional actions as may be necessary to redress any legal wrong suffered by, or adverse effect on, the plaintiff, except such additional actions may not include the preparation of a new agency document unless the court finds the agency was required and failed to prepare such agency document.
(2) Effect of remand
In the case of a covered agency action to which paragraph (1)(B) applies, the agency may—
(A)
continue to carry out such agency action to the extent the action does not impact the additional actions required pursuant to such paragraph; and
(B)
if the agency action relates to an agency document, use any format to correct such document (including a supplemental environmental document, memorandum, or errata sheet).
(d) Limitations on claims
Notwithstanding any other provision of law (except this section), a claim arising under Federal law seeking judicial review of a covered agency action shall be barred unless—
(1)
with respect to an agency document or the application of a categorical exclusion noticed in the Federal Register, such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the fireshed management project relating to such agency document or application, unless a shorter period is specified in such Federal law;
(2)
in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), such claim is filed not later than 120 days after the date that is the earlier of—
(A)
the date on which such agency document or application is published; and
(B)
the date on which such agency document or application is noticed; and
(3)
in the case of a covered agency action for which there was a public comment period, such claim—
(A)
is filed by a party that—
(i)
participated in the administrative proceedings regarding the fireshed management project relating to such action; and
(ii)
submitted a comment during such public comment period and such comment was sufficiently detailed to put the applicable agency on notice of the issue upon which the party seeks judicial review; and
(B)
is related to such comment.
(e) Definitions
ln this section:
(1) Agency document
The term agency document means, with respect to a fireshed management project, a record of decision, environmental document, or programmatic environmental document.
(2) Covered agency action
The term covered agency action means—
(A)
the establishment of a fireshed management project by an agency;
(B)
the application of a categorical exclusion to a fireshed management project;
(C)
the preparation of any agency document for a fireshed management project; or
(D)
any other agency action as part of a fireshed management project.
(3) NEPA terms
The terms categorical exclusion, environmental document, and programmatic environmental document have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
Sec. 122. Consultation on forest plans
(a) Forest Service plans
Section 6(d)(2) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)(2)) is amended to read as follows:
(2) No additional consultation required under certain circumstances
Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations (or a successor regulation), on a land management plan approved, amended, or revised under this section when—
(A)
a new species is listed or critical habitat is designated under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(B)
new information reveals effects of the land management plan that may affect a species listed or critical habitat designated under that Act in a manner or to an extent not previously considered.
(b) Bureau of Land Management plans
Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by adding at the end the following:
(g) No additional consultation required under certain circumstances
Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations (or a successor regulation), on a land use plan approved, amended, or revised under this section when—
(1)
a new species is listed or critical habitat is designated under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(2)
new information reveals effects of the land use plan that may affect a species listed or critical habitat designated under that Act in a manner or to an extent not previously considered.
Title II Protecting Communities in the Wildland-Urban Interface
Sec. 201. Community wildfire risk reduction program
(a) Establishment
Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish an interagency program to be known as the Community Wildfire Risk Reduction Program
that shall consist of at least one representative from each of the following:
(1)
The Office of Wildland Fire of the Department of the Interior.
(2)
The National Park Service.
(3)
The Bureau of Land Management.
(4)
The United States Fish and Wildlife Service.
(5)
The Bureau of Indian Affairs.
(6)
The Forest Service.
(7)
The Federal Emergency Management Agency.
(8)
The United States Fire Administration.
(9)
The National Institute of Standards and Technology.
(10)
The National Oceanic and Atmospheric Administration.
(b) Purpose
The purpose of the program established under subsection (a) is to support interagency coordination in reducing the risk of, and the damages resulting from, wildfires in communities (including tribal communities) in the wildland-urban interface through—
(1)
advancing research and science in wildfire resilience and land management, including support for non-Federal research partnerships;
(2)
supporting adoption by Indian Tribes and local governmental entities of fire-resistant building methods, codes, and standards;
(3)
supporting efforts by Indian Tribes or local governmental entities to address the effects of wildland fire on such communities, including property damages, air quality, and water quality;
(4)
encouraging public-private partnerships to conduct hazardous fuels management activities in the wildland-urban interface;
(5)
providing technical and financial assistance targeted towards communities, including tribal communities, through streamlined and unified technical assistance and grant management mechanisms, including the portal and grant application established under subsection (c), to—
(A)
encourage critical risk reduction measures on private property with high wildfire risk exposure in such communities; and
(B)
mitigate costs for and improve capacity among such communities.
(c) Portal and uniform grant application
(1) In general
As part of the program established under subsection (a), the Secretaries and the Administrator of the Federal Emergency Management Agency shall establish a portal through which a person may submit a single, uniform application for any of the following:
(A)
A community wildfire defense grant under section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)).
(B)
An emergency management performance grant under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 761).
(C)
A grant under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229).
(D)
A grant under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a).
(E)
Financial or technical assistance or a grant under sections 203, 205, 404, 406, or 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5135, 5170c, 5172, 5187).
(2) Simplification of application
In establishing the portal and application under paragraph (1), the Secretaries and the Administrator shall seek to reduce the complexity and length of the application process for the grants described in paragraph (1).
(3) Technical assistance
The Secretaries shall provide technical assistance to communities or persons seeking to apply for financial assistance through the portal using the application established under paragraph (1).
(d) Sunset
The program established under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 202. Community wildfire defense research program
(a) In general
The Secretaries shall, acting jointly, expand the Joint Fire Science Program to include a performance-driven research and development program known as the Community Wildfire Defense Research Program
for the purpose of testing and advancing innovative designs to create or improve the wildfire-resistance of structures and communities.
(b) Program priorities
In carrying out the program established under subsection (a), the Secretaries shall evaluate opportunities to create wildfire-resistant structures and communities through—
(1)
different affordable building materials, including mass timber;
(2)
home hardening, including policies to incentivize and incorporate defensible space;
(3)
subdivision design and other land use planning and design;
(4)
landscape architecture; and
(5)
other wildfire-resistant designs, as determined by the Secretary.
(c) Community wildfire defense innovation prize
(1) In general
In carrying out the program established under subsection (a), the Secretaries shall carry out a competition through which a person may submit to the Secretaries innovative designs for the creation or improvement of an ignition-resistant structure or fire-adapted communities.
(2) Prize
Subject to the availability of appropriations made in advance for such purpose, the Secretaries may award a prize under the competition described in paragraph (1), based on criteria established by the Secretaries and in accordance with paragraph (3).
(3) Scale
In awarding a prize under paragraph (2), the Secretaries shall prioritize for an award designs with the most potential to scale to existing infrastructure.
(d) Collaboration and nonduplication
In carrying out the program established under subsection (a), the Secretaries shall ensure collaboration and nonduplication of activities with the Building Technologies Office of the Department of Energy.
(e) Sunset
The program established under subsection (a) shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 203. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way
(a) Hazard trees within 150 feet of electric power line
Section 512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking 10
and inserting 150
.
(b) Consultation with private landowners
Section 512(c)(3)(E) of such Act (43 U.S.C. 1772(c)(3)(E)) is amended—
(1)
in clause (i), by striking and
at the end;
(2)
in clause (ii), by striking the period and inserting ; and
; and
(3)
by adding at the end the following:
(iii)
consulting with a private landowner with respect to any hazard trees identified for removal from land owned by the private landowner.
(c) Review and approval process
Section 512(c)(4)(A)(iv) of such Act (43 U.S.C. 1772(c)(4)(A)(iv)) is amended to read as follows:
(iv)
ensures that—
(I)
a plan submitted without a modification under clause (iii) shall be automatically approved 120 days after being submitted; and
(II)
with respect to a plan submitted with a modification under clause (iii), if not approved within 120 days after being submitted, the Secretary concerned shall develop and submit a letter to the owner and operator describing—
(aa)
a detailed timeline (to conclude within 165 days after the submission of the plan) for completing review of the plan;
(bb)
any identified deficiencies with the plan and specific opportunities for the owner and operator to address such deficiencies; and
(cc)
any other relevant information, as determined by the Secretary concerned.
Sec. 204. Categorical exclusion for electric utility lines rights-of-way
(a) Categorical exclusion established
Forest management activities described in subsection (b) are a category of activities hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest management activities designated for categorical exclusion
The forest management activities designated under subsection (a) for a categorical exclusion are—
(1)
the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the Secretary concerned; and
(2)
the implementation of routine activities conducted under the plan referred to in paragraph (1).
(c) Availability of categorical exclusion
On and after the date of enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d) Exclusion of certain areas from categorical exclusion
The categorical exclusion established under subsection (a) shall not apply to any forest management activity conducted—
(1)
in a component of the National Wilderness Preservation System; or
(2)
on National Forest System lands on which the removal of vegetation is restricted or prohibited by an Act of Congress.
(e) Permanent roads
(1) Prohibition on establishment
A forest management activity designated under subsection (b) shall not include the establishment of a permanent road.
(2) Existing roads
The Secretary concerned may carry out necessary maintenance and repair on an existing permanent road for the purposes of conducting a forest management activity designated under subsection (b).
(3) Temporary roads
The Secretary concerned shall decommission any temporary road constructed for carrying out a forest management activity designated under subsection (b) not later than the date that is 3 years after the date on which the forest management activity is completed.
(f) Applicable laws
Clauses (iii) and (iv) of section 106(a)(3) shall apply to forest management activities designated under subsection (b).
Sec. 205. Seeds of success
(a) Strategy established
Not later than 2 years after the date of enactment of this Act, the Secretaries and the Secretary of Defense shall jointly develop and implement a strategy, to be known as the Seeds of Success strategy
, to enhance the domestic supply chain of seeds.
(b) Elements
The strategy required under subsection (a) shall include a plan for each of the following:
(1)
Facilitating sustained interagency coordination in, and a comprehensive approach to, native plant materials development and restoration.
(2)
Promoting the re-seeding of native or fire-resistant vegetation post-wildfire, particularly in the wildland-urban interface.
(3)
Creating and consolidating information on native or fire-resistant vegetation and sharing such information with State governments, Indian Tribes, and local governments.
(4)
Building regional programs and partnerships to promote the development of materials made from plants native to the United States and restore such plants to their respective, native habitats within the United States, giving priority to the building of such programs and partnerships in regions of the Bureau of Land Management where such partnerships and programs do not already exist as of the date of enactment of this Act.
(5)
Expanding seed storage and seed-cleaning infrastructure.
(6)
Expanding the Warehouse System of the Bureau of Land Management, particularly the cold storage capacity of the Warehouse System.
(7)
Shortening the timeline for the approval of permits to collect seeds on public lands managed by the Bureau of Land Management.
(c) Report
The Secretaries and the Secretary of Defense shall submit to the relevant Congressional Committees the strategy developed under paragraph (1).
Sec. 206. Program to support priority reforestation and restoration projects of Department of the Interior
(a) In general
Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, in coordination with the heads of covered Federal agencies, shall establish a program to provide support for priority projects identified under subsection (c)(2), in accordance with this section.
(b) Support
In carrying out the program under subsection (a), the Secretary may provide support through—
(1)
cooperative agreements entered into in accordance with processes established by the Secretary; and
(2)
contracts, including contracts established pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
(c) Annual identification of priority projects
Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior, in consultation with the heads of covered Federal agencies, shall—
(1)
identify lands of the United States administered by, or under the jurisdiction of, the Secretary of the Interior that require reforestation and restoration due to unplanned disturbances and that are unlikely to experience natural regeneration without assistance; and
(2)
establish a list of priority projects for reforestation and restoration for the upcoming year, which may include activities to ensure adequate and appropriate seed and seedling availability to further the objectives of other priority projects.
(d) Consultation
In carrying out the program under subsection (a) and the requirements under subsection (c), the Secretary shall consult or collaborate with, as appropriate, and inform the following:
(1)
State and local governments.
(2)
Indian Tribes.
(3)
Covered institutions of higher education.
(4)
Federal agencies that administer lands of the United States that adjoin or are proximal to lands that are the subject of priority projects and potential priority projects.
(5)
Other stakeholders, as determined by the Secretary.
(e) Annual report
Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of the Interior shall submit to the relevant Congressional Committees a report that includes the following:
(1)
An accounting of all lands identified under subsection (c)(1) for the period covered by the report.
(2)
A list of priority projects identified under subsection (c)(2) for the period covered by the report and, with respect to each such priority project, any support issued under the program under subsection (a) and any progress made towards reforestation and restoration.
(3)
An accounting of each contract and cooperative agreement established under the program under subsection (a).
(4)
A description of the actions taken in accordance with subsection (d).
(5)
Assessments with respect to—
(A)
gaps in—
(i)
the implementation of the program under subsection (a); and
(ii)
the progress made under the program with respect to priority projects; and
(B)
opportunities to procure funding necessary to address any such gaps.
(f) Nonduplication
In carrying out this section, the Secretary of the Interior shall collaborate with the Secretary and the Secretary of Defense to ensure the nonduplication of activities carried out under section 205.
(g) Sunset
The authority provided under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
(h) Definitions
In this section:
(1) Covered Federal agency
The term covered Federal agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Bureau of Indian Affairs.
(2) Covered institution of higher education
The term covered institution of higher education has the meaning given the term eligible institution in section 301(e)(3).
(3) Natural regeneration; reforestation
The terms natural regeneration and reforestation have the meanings given such terms in section 3(e)(4)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(3)(4)(A)).
(4) Restoration
The term restoration means activities that facilitate the recovery of an ecosystem that has been degraded, damaged, or destroyed, including the reestablishment of appropriate plant species composition and community structure.
(5) Unplanned ecosystem disturbance
The term unplanned ecosystem disturbance means any unplanned disturbance that disrupts the structure or composition of an ecosystem, including a wildfire, an infestation of insects or disease, and a weather event.
Sec. 207. Fire department repayment
(a) 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).
(b) Alignment of fire suppression cost share agreements with cooperative fire protection agreements
The standard operating procedures required under subsection (a)(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.
(c) 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 (a)(1) shall require that the Federal paying entity reimburse a local fire department if such fire department submits an invoice in accordance with cost settlement procedures.
(d) 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.
Title III Transparency, Technology, and Partnerships
Subtitle A Transparency and Technology
Sec. 301. Biochar innovations and opportunities for conservation, health, and advancements in research
(a) Demonstration projects
(1) Establishment
(A) In general
Subject to the availability of appropriations made in advance for such purpose, not later than 2 years after the date of enactment of this Act, the covered Secretaries shall establish a program to enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection.
(B) Location of demonstration projects
In carrying out the program established under subparagraph (A), the covered Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities such that not fewer than one demonstration project is carried out in each region of the Forest Service and each region of the Bureau of Land Management.
(2) Proposals
To be eligible to enter into a partnership to carry out a biochar demonstration project under paragraph (1)(A), an eligible entity shall submit to the covered Secretaries a proposal at such time, in such manner, and containing such information as the covered Secretaries may require.
(3) Priority
In selecting proposals under paragraph (2), the covered Secretaries shall give priority to entering into partnerships with eligible entities that submit proposals to carry out biochar demonstration projects that—
(A)
have the most carbon sequestration potential;
(B)
have the most potential to create new jobs and contribute to local economies, particularly in rural areas;
(C)
have the most potential to demonstrate—
(i)
new and innovative uses of biochar;
(ii)
market viability for cost effective biochar-based products;
(iii)
the ecosystem services created or supported by the use of biochar;
(iv)
the restorative benefits of biochar with respect to forest heath and resiliency, including forest soils and watersheds; or
(v)
any combination of purposes specified in clauses (i) through (iv);
(D)
are located in areas that have a high need for biochar production, as determined by the covered Secretaries, due to—
(i)
nearby lands identified as having high or very high or extreme risk of wildfire;
(ii)
availability of sufficient quantities of feedstocks; or
(iii)
a high level of demand for biochar or other commercial byproducts of biochar; or
(E)
satisfy any combination of purposes specified in subparagraphs (A) through (D).
(4) Use of funds
In carrying out the program established under paragraph (1)(A), the covered Secretaries may enter into partnerships and provide funding to such partnerships to carry out demonstration projects to—
(A)
acquire and test various feedstocks and their efficacy;
(B)
develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;
(C)
demonstrate—
(i)
the production of biochar from forest residue; and
(ii)
the use of biochar to restore forest health and resiliency;
(D)
build, expand, or establish biochar facilities;
(E)
conduct research on new and innovative uses of biochar;
(F)
demonstrate cost-effective market opportunities for biochar and biochar-based products;
(G)
carry out any other activities the covered Secretaries determine appropriate; or
(H)
any combination of the purposes specified in subparagraphs (A) through (F).
(5) Feedstock requirements
To the maximum extent practicable, an eligible entity that carries out a biochar demonstration project under this subsection shall, with respect to the feedstock used under such project, derive at least 50 percent of such feedstock from forest thinning and management activities, including mill residues, conducted on National Forest System lands or public lands.
(6) Review of biochar demonstration
(A) In general
The covered Secretaries shall conduct regionally-specific research, including economic analyses and life-cycle assessments, on any biochar produced from a demonstration project carried out under the program established in paragraph (1)(A), including—
(i)
the effects of such biochar on—
(I)
forest health and resiliency;
(II)
carbon capture and sequestration, including increasing soil carbon in the short-term and long-term;
(III)
productivity, reduced input costs, and water retention in agricultural practices;
(IV)
the health of soil and grasslands used for grazing activities, including grazing activities on National Forest System land and public land;
(V)
environmental remediation activities, including abandoned mine land remediation; and
(VI)
other ecosystem services created or supported by the use of biochar;
(ii)
the effectiveness of biochar as a co-product of biofuels or in biochemicals; and
(iii)
the effectiveness of other potential uses of biochar to determine if any such use is technologically and commercially viable.
(B) Coordination
The covered Secretaries shall, to the maximum extent practicable, provide data, analyses, and other relevant information collected under subparagraph (A) with recipients of a grant under subsection (b).
(7) Limitation on funding for establishing biochar facilities
If the covered Secretaries provide to an eligible entity that enters into a partnership with the covered Secretaries under paragraph (1)(A) funding for establishing a biochar facility, such funding may not exceed 35 percent of the total capital cost of establishing such biochar facility.
(b) Biochar research and development grant program
(1) Establishment
The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish or expand an existing applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3).
(2) Applications
To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
(3) Use of funds
An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research on—
(A)
the effect of biochar on forest health and resiliency, accounting for variations in biochar, soil, climate, and other factors;
(B)
the effect of biochar on soil health and water retention, accounting for variations in biochar, soil, climate, and other factors;
(C)
the long-term carbon sequestration potential of biochar;
(D)
the best management practices with respect to biochar and biochar-based products that maximize—
(i)
carbon sequestration benefits; and
(ii)
the commercial viability and application of such products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary;
(E)
the regional uses of biochar to increase productivity and profitability, including—
(i)
uses in agriculture and environmental remediation; and
(ii)
use as a co-product in fuel production;
(F)
new and innovative uses for biochar byproducts; and
(G)
opportunities to expand markets for biochar and create related jobs, particularly in rural areas.
(c) Reports
(1) Report to congress
Not later than 2 years after the date of enactment of this Act, the covered Secretaries shall submit to Congress a report that—
(A)
includes policy and program recommendations to improve the widespread use of biochar;
(B)
identifies any area of research needed to advance biochar commercialization; and
(C)
identifies barriers to further biochar commercialization, including permitting and siting considerations.
(2) Materials submitted in support of the President’s budget
Beginning with the second fiscal year that begins after the date of enactment of this Act and annually thereafter until the date described in subsection (d), the covered Secretaries shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing, for the fiscal year covered by the report, the status of each demonstration project carried out under subsection (a) and each research and development grant carried out under subsection (b).
(d) Sunset
The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.
(e) Definitions
In this section:
(1) Biochar
The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for non-fuel uses.
(2) Eligible entity
The term eligible entity means—
(A)
a State, local, special district, or Tribal government;
(B)
an eligible institution;
(C)
a private, non-private, or cooperative entity or organization;
(D)
a National Laboratory (as such term is defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(E)
a partnership or consortium of two or more entities described in subparagraphs (A) through (D).
(3) Eligible institution
The term eligible institution means land-grant colleges and universities, including institutions eligible for funding under the—
(A)
Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.);
(B)
Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University;
(C)
Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962
); or
(D)
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).
(4) Feedstock
The term feedstock means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar.
(5) Covered Secretaries
The term covered Secretaries means—
(A)
the Secretary, acting through the Chief of the Forest Service;
(B)
the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and
(C)
the Secretary of Energy, acting through the Director of the Office of Science.
Sec. 302. Accurate hazardous fuels reduction reports
(a) Inclusion of hazardous fuels reduction report in materials submitted in support of the President’s budget
(1) In general
Beginning with the first fiscal year that begins after the date of enactment of this Act, and each fiscal year thereafter, the Secretary concerned shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report on the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the preceding fiscal year.
(2) Requirements
For purposes of the report required under paragraph (1), the Secretary concerned shall—
(A)
in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the period covered by the report—
(i)
record acres of Federal land on which hazardous fuels reduction activities were completed during such period; and
(ii)
record each acre described in clause (i) once in the report, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such period; and
(B)
with respect to the acres of Federal land recorded in the report, include information on—
(i)
which such acres are located in the wildland-urban interface;
(ii)
the level of wildfire risk (high, moderate, or low) on the first and last day of the period covered by the report;
(iii)
the types of hazardous fuels activities completed for such acres, delineating between whether such activities were conducted—
(I)
in a wildfire managed for resource benefits; or
(II)
through a planned project;
(iv)
the cost per acre of hazardous fuels activities carried out during the period covered by the report;
(v)
the region or system unit in which the acres are located; and
(vi)
the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire.
(3) Transparency
The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the websites of the Department of Agriculture and the Department of the Interior, as applicable.
(b) Accurate data collection
(1) In general
Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data related to hazardous fuels reduction activities carried out by the Secretary concerned.
(2) Elements
The standardized procedures required under paragraph (1) shall include—
(A)
regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities;
(B)
verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned;
(C)
an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and
(D)
for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface.
(3) Report
Not later than 2 weeks after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—
(A)
such standardized procedures; and
(B)
program and policy recommendations to Congress to address any limitations in tracking data related to hazardous fuels reduction activities under this subsection.
(c) GAO study
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(1)
conduct a study on the implementation of this section, including any limitations with respect to—
(A)
reporting hazardous fuels reduction activities under subsection (a); or
(B)
tracking data related to hazardous fuels reduction activities under subsection (b); and
(2)
submit to Congress a report that describes the results of the study under paragraph (1).
(d) Definitions
In this section:
(1) Hazardous fuels reduction activity
The term hazardous fuels reduction activity—
(A)
means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments, grazing, and prescribed burning; and
(B)
does not include the awarding of contracts to conduct hazardous fuels reduction activities.
(2) Federal lands
The term Federal lands means lands under the jurisdiction of the Secretary of the Interior or the Secretary.
(e) No additional funds authorized
No additional funds are authorized to carry out the requirements of this section, and the activities authorized by this section are subject to the availability of appropriations made in advance for such purposes.
Sec. 303. Public-private wildfire technology deployment and demonstration partnership
(a) Definitions
In this section:
(1) Covered agency
The term covered agency means—
(A)
each Federal land management agency (as such term is defined in the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801));
(B)
the National Oceanic and Atmospheric Administration;
(C)
the United States Fire Administration;
(D)
the Federal Emergency Management Agency;
(E)
the National Aeronautics and Space Administration;
(F)
the Bureau of Indian Affairs;
(G)
the Department of Defense;
(H)
a State, Tribal, county, or municipal fire department or district operating through the United States Fire Administration or pursuant to an agreement with a Federal agency; and
(I)
any other Federal agency involved in wildfire response.
(2) Covered entity
The term covered entity means—
(A)
a private entity;
(B)
a nonprofit organization; or
(C)
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
(b) In general
Not later than 1 year after the date of enactment of this Act, the Secretaries, in coordination with the heads of the covered agencies, shall establish a deployment and demonstration pilot program (in this section referred to as Pilot Program
) for new and innovative wildfire prevention, detection, communication, and mitigation technologies.
(c) Functions
In carrying out the Pilot Program, the Secretaries shall—
(1)
incorporate the Pilot Program into the National Wildfire Coordinating Group;
(2)
in consultation with the heads of covered agencies, identify and advance the demonstration and deployment of key technology priority areas with respect to wildfire prevention, detection, communication, and mitigation technologies, including—
(A)
hazardous fuels reduction treatments or activities;
(B)
dispatch communications;
(C)
remote sensing, detection, and tracking;
(D)
safety equipment;
(E)
common operating pictures or operational dashboards; and
(F)
interoperable commercial data; and
(3)
connect each covered entity selected to participate in the Pilot Program with the appropriate covered agency to coordinate real-time and on-the-ground testing of technology during wildland fire mitigation activities and training.
(d) Applications
To be eligible to be selected to participate in the Pilot Program, a covered entity shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require, including a proposal to demonstrate technologies specific to the key technology priority areas identified pursuant to subsection (c)(2).
(e) Prioritization of emerging technologies
In selecting covered entities to participate in the Pilot Program, the Secretaries shall give priority to covered entities—
(1)
that have participated in the Fire Weather Testbed of the National Oceanic and Atmospheric Administration; or
(2)
developing and applying emerging technologies for wildfire mitigation, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, thermal mid-wave infrared equipped low earth orbit satellites, augmented reality, 5G private networks, and device-to-device communications supporting nomadic mesh networks and detection.
(f) Outreach
The Secretaries, in coordination with the heads of covered agencies, shall make public the key technology priority areas identified pursuant to subsection (c)(2) and invite covered entities to apply under subsection (d) to deploy and demonstrate their technologies to address such priority areas.
(g) Reports and recommendations
Not later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the Pilot Program, the Secretaries shall submit to the relevant Congressional Committees, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report that includes, with respect to the Pilot Program, the following:
(1)
A list of participating covered entities.
(2)
A brief description of the technologies deployed and demonstrated by each such covered entity.
(3)
An estimate of the cost of acquiring each such technology and applying the technology at scale.
(4)
Outreach efforts by Federal agencies to covered entities developing wildfire technologies.
(5)
Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in Federal land management agencies’ wildfire prevention, detection, communication, and mitigation efforts.
(6)
A description of the relationship and coordination between the Pilot Program and the activities of the National Oceanic and Atmospheric Administration, including the Fire Weather Testbed.
(h) Sunset
The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 304. GAO study on Forest Service policies
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(1)
conduct a study evaluating—
(A)
the effectiveness of Forest Service wildland firefighting operations;
(B)
transparency and accountability measures in the Forest Service’s budget and accounting process; and
(C)
the suitability and feasibility of establishing a new Federal agency with the responsibility of responding and suppressing wildland fires on Federal lands; and
(2)
submit to Congress a report that describes the results of the study required under paragraph (1).
Sec. 305. Forest Service Western headquarters study
Not later than 5 years after the date of enactment of this Act, the Chief of the Forest Service shall—
(1)
conduct a study evaluating—
(A)
potential locations for a Western headquarters for the Forest Service, including potential locations in at least 3 different States located west of the Mississippi river; and
(B)
the potential benefits of creating a Western headquarters for the Forest Service, including expected—
(i)
improvements to customer service;
(ii)
improvements to employee recruitment and retention; and
(iii)
operational efficiencies and cost savings; and
(2)
submit to Congress a report that describes the results of the study required under paragraph (1).
Sec. 306. Keeping forest plans current and monitored
(a) In general
The Secretary—
(1)
to the greatest extent practicable and subject to the availability of appropriations made in advance for such purpose—
(A)
ensure forest plans comply with the requirements of section 6(f)(5)(A) of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)); and
(B)
prioritize revising any forest plan not in compliance with such section 6(f)(5)(A);
(2)
not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System;
(3)
not later than 120 days after the date of the enactment of this Act, submit to the relevant Congressional Committees the date on which each forest plan required by such section 6 was most recently revised, amended, or modified;
(4)
seek to publish a new, complete version of a forest plan that the Secretary has been directed to amend, revise, or modify by a court order within 60 days of such amendment, revision, or modification, subject to the availability of appropriations made in advance for such purpose; and
(5)
maintain a central, publicly accessible website with links to—
(A)
the most recently available forest plan adopted, amended, or modified by a court order as a single document; and
(B)
the most recently published forest plan monitoring report for each unit of the National Forest System.
(b) Good faith updates
If the Secretary is not acting expeditiously and in good faith, within the funding available to revise, amend, or modify a plan for a unit of the National Forest System as required by law or a court order, subsection (a) shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.
(c) Report
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the relevant Congressional Committees summarizing the implementation of this section.
Sec. 307. Container Aerial Firefighting System (CAFFS)
(a) Evaluation
Not later than 90 days after the date of the enactment of this Act, the Secretary and the Secretary of the Interior, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, shall jointly conduct an evaluation of the container aerial firefighting system to assess the use of such system to mitigate and suppress wildfires.
(b) Report
Not later than 120 days after the date of the enactment of this Act, the Secretary and the Secretary of the Interior, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, shall jointly submit to the relevant Congressional Committees a report that includes the results of the evaluation required under subsection (a).
Sec. 308. Study on pine beetle infestation
Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Chief of the Forest Service, shall—
(1)
carry out a study on the causes and effects of, and solutions for, the infestation of pine beetles in the Northeastern region of the United States; and
(2)
submit to the relevant Congressional Committees a report that includes the results of the study required under paragraph (1).
Subtitle B White Oak Resilience
Sec. 311. White Oak Restoration Initiative Coalition
(a) In general
The White Oak Restoration Initiative Coalition shall be established—
(1)
as a voluntary collaborative group of Federal, State, Tribal, and local governments and private and non-governmental organizations to carry out the duties described in subsection (b); and
(2)
in accordance with the charter titled White Oak Initiative Coalition Charter
adopted by the White Oak Initiative Board of Directors on March 21, 2023 (or a successor charter).
(b) Duties
In addition to the duties specified in the charter described in subsection (a)(2), the duties of the White Oak Restoration Initiative Coalition are—
(1)
to coordinate Federal, State, Tribal, local, private, and non-governmental restoration of white oak in the United States; and
(2)
to make program and policy recommendations, consistent with applicable forest management plans, with respect to—
(A)
changes necessary to address Federal and State policies that impede activities to improve the health, resiliency, and natural regeneration of white oak;
(B)
adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and resiliency of white oak;
(C)
options to enhance communication, coordination, and collaboration between forest land owners, particularly for cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak;
(D)
research gaps that should be addressed to improve the best available science on white oak;
(E)
outreach to forest landowners with white oak or white oak regeneration potential; and
(F)
options and policies necessary to improve the quality and quantity of white oak in tree nurseries.
(c) Administrative support, technical services, and staff support
The Secretary of the Interior and the Secretary shall make such personnel available to the White Oak Restoration Initiative Coalition for administrative support, technical services, and development and dissemination of educational materials as the Secretaries determine necessary to carry out this section.
(d) Private funding of white oak restoration projects
Subject to the availability of appropriations made in advance for such purpose, the Secretary may make funds available to the White Oak Restoration Initiative Coalition to carry out this section from the account established pursuant to section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)).
Sec. 312. Forest Service pilot program
(a) In general
The Secretary, acting through the Chief of the Forest Service, shall establish and carry out 5 pilot projects in national forests to restore white oak in such forests through white oak restoration and natural regeneration practices that are consistent with applicable forest management plans.
(b) National forests reserved or withdrawn from the public domain
At least 3 pilot projects required under subsection (a) shall be carried out on national forests reserved or withdrawn from the public domain.
(c) Authority To enter into cooperative agreements
The Secretary may enter into cooperative agreements to carry out the pilot projects required under subsection (a).
(d) Sunset
The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 313. Department of the Interior white oak review and restoration
(a) Assessment
(1) In general
The Secretary of the Interior shall carry out an assessment of land under the administrative jurisdiction of the Department of the Interior, including fish and wildlife refuges and abandoned mine land, to evaluate—
(A)
whether white oak is present on such land; and
(B)
the potential to restore white oak forests on such land.
(2) Use of information
In carrying out the assessment under paragraph (1), the Secretary may use information from sources other than the Department of the Interior, including from the White Oak Initiative and the Forest Service.
(3) Report
Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to Congress, and make publicly available on the website of the Department of the Interior, a report regarding the results of the assessment carried out under this subsection.
(b) Pilot projects
After the date on which the report required under subsection (a)(3) is submitted, the Secretary shall establish and carry out 5 pilot projects in different areas of land described in subsection (a)(1) to restore and naturally regenerate white oak.
(c) Authority to enter into cooperative agreements
The Secretary of the Interior may enter into cooperative agreements to carry out the pilot projects required under subsection (b).
(d) Sunset
The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 314. White oak regeneration and upland oak habitat
(a) Establishment
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a non-regulatory program to be known as the White Oak and Upland Oak Habitat Regeneration Program
(in this section referred to as the Program
).
(b) Duties
In carrying out the Program, the Secretary shall—
(1)
draw upon the best available science and management plans for species of white oak to identify, prioritize, and implement restoration and conservation activities that will improve the growth of white oak within the United States;
(2)
collaborate and coordinate with the White Oak Restoration Initiative Coalition to prioritize white oak restoration initiatives;
(3)
adopt a white oak restoration strategy that—
(A)
supports the implementation of a shared set of science-based restoration and conservation activities developed in accordance with paragraph (1);
(B)
targets cost effective projects with measurable results; and
(C)
maximizes restoration outcomes with no net gain of Federal full-time equivalent employees; and
(4)
establish the voluntary grant and technical assistance programs in accordance with subsection (e).
(c) Coordination
In establishing the Program the Secretary, acting through the Chief of the Forest Service, shall consult with—
(1)
the heads of Federal agencies, including—
(A)
the Director of the United States Fish and Wildlife Service; and
(B)
the Chief of the Natural Resources Conservation Service; and
(2)
the Governor of each State in which restoration efforts will be carried out pursuant to the Program.
(d) Purposes
The purposes of the Program include—
(1)
coordinating restoration and conservation activities among Federal, State, local, and Tribal entities and conservation partners to address white oak restoration priorities;
(2)
improving and regenerating white oak and upland oak forests and the wildlife habitat such forests provide;
(3)
carrying out coordinated restoration and conservation activities that lead to the increased growth of species of white oak in native white oak regions on Federal, State, Tribal, and private land;
(4)
facilitating strategic planning to maximize the resilience of white oak systems and habitats under changing climate conditions;
(5)
engaging the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and conservation activities for species of white oak; and
(6)
increasing scientific capacity to support the planning, monitoring, and research activities necessary to carry out such coordinated restoration and conservation activities.
(e) Grants and assistance
(1) In general
To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program (in this section referred to as the grant program
) to achieve the purposes of the Program described in subsection (d).
(2) Administration
(A) In general
The Secretary shall enter into a cooperative agreement with the National Fish and Wildlife Foundation (in this subsection referred to as the Foundation
) to manage and administer the grant program.
(B) Funding
Subject to the availability of appropriations made in advance for such purpose, after the Secretary enters into a cooperative agreement with the Foundation under subparagraph (A), the Foundation shall for each fiscal year, receive amounts to carry out this subsection in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year.
(3) Application of National Fish and Wildlife Foundation Establishment Act
Amounts received by the Foundation to carry out the grant program shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)).
(f) Sunset
The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 315. Tree nursery shortages
(a) In general
Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Chief of the Forest Service, shall—
(1)
develop and implement a national strategy to increase the capacity of Federal, State, Tribal, and private tree nurseries to address the nationwide shortage of tree seedlings; and
(2)
coordinate such strategy with—
(A)
the national reforestation strategy of the Forest Service; and
(B)
each regional implementation plan for National Forests.
(b) Elements
The strategy required under subsection (a) shall—
(1)
be based on the best available science and data; and
(2)
identify and address—
(A)
regional seedling shortages of bareroot and container tree seedlings;
(B)
regional reforestation opportunities and the seedling supply necessary to fulfill such opportunities;
(C)
opportunities to enhance seedling diversity and close gaps in seed inventories; and
(D)
barriers to expanding, enhancing, or creating new infrastructure to increase nursery capacity.
Sec. 316. White oak research
(a) In general
The Secretary may enter into a memorandum of understanding with an Indian Tribe or institution, including a covered land grant college, to collaboratively conduct research on—
(1)
white oak genes with resistance or tolerance to stress;
(2)
white oak trees that exhibit vigor for the purpose of increasing survival and growth;
(3)
establishing a genetically diverse white oak seeds bank capable of responding to stressors;
(4)
providing a sustainable supply of white oak seedlings and genetic resources;
(5)
improved methods for aligning seed sources with the future climate at planting sites;
(6)
reforestation of white oak through natural and artificial regeneration;
(7)
improved methods for retaining and increasing white oak trees in forests;
(8)
improved methods for reforesting abandoned mine land sites; and
(9)
economic and social aspects of white oak forest management across land ownerships.
(b) Consult
In carrying out the research under subsection (a), the Indian Tribe or institution, including a covered land grant college, that enters into the memorandum of understanding under such subsection may consult with such States, nonprofit organizations, institutions of higher education, and other scientific bodies, as the entity subject to such memorandum determines appropriate.
(c) Sunset
The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
(d) Covered land grant college defined
In this section, the term covered land grant college means an 1862 Institution, an 1890 Institution, or a 1994 Institution (as such terms are defined, respectively, in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)).
Sec. 317. USDA formal initiative
(a) In general
The Secretary, acting through the Chief of the Natural Resources Conservation Service and in coordination with the Chief of the Forest Service, shall establish a formal initiative on white oak to—
(1)
re-establish white oak forests where appropriate;
(2)
improve management of existing white oak forests to foster natural regeneration of white oak;
(3)
provide technical assistance to private landowners to re-establish, improve management of, and naturally regenerate white oak;
(4)
improve and expand white oak nursery stock; and
(5)
adapt and improve white oak seedlings.
(b) Sunset
The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 318. Authorities
To the maximum extent practicable, the Secretary of the Interior and the Secretary shall use the authorities provided under this title in combination with other authorities to carry out projects, including—
(1)
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113) (as amended by this Act); and
(2)
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) (as amended by this Act).
Title IV Ensuring Casualty Assistance for our Firefighters
Sec. 401. 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 firefighters or wildland fire support personnel who—
(A)
are killed in the line of duty; or
(B)
require 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 firefighters or wildland fire support personnel who—
(A)
are killed in the line of duty; or
(B)
require 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 a 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 order of precedence by age.
(3)
Father or mother, unless custody has been vested, by court order, in another (adoptive parent takes precedence over natural parent).
(4)
Siblings (whole or half) age 18 years or older in descending order of precedence by age.
(5)
Grandfather or grandmother.
(6)
Any other relative (order of 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).