Reported in Senate — S. 1462

Calendar No. 212

119th CONGRESS

1st Session

S. 1462

IN THE SENATE OF THE UNITED STATES

April 10, 2025

Mr. Curtis (for himself, Mr. Hickenlooper, Mr. Sheehy, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

October 27, 2025

Reported by Mr. Boozman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To improve forest management activities on National Forest System land, public land under the jurisdiction of the Bureau of Land Management, and Tribal land to return resilience to overgrown, fire-prone forested land, and for other purposes.

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) End water user

The term end water user has the meaning given the term in section 303(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(a)).

(2) Executive Director

The term Executive Director means the Executive Director of the Wildfire Intelligence Center appointed under section 102(g).

(3) Fireshed

The term fireshed means a landscape-scale area, as delineated using methods developed through research conducted by the Forest Service, that represents similar source levels of community exposure to wildfire.

(4) Fireshed management area

The term fireshed management area means a fireshed management area designated under section 101(a).

(5) Fireshed management project

The term fireshed management project means any of the following forest or vegetation management activities:

(A)

A hazardous fuels management activity.

(B)

Creating a fuel break or fire break.

(C)

Removing hazard trees, dead trees, or dying trees, as determined by a responsible official.

(D)

Developing, approving, or conducting routine maintenance under a vegetation management, facility inspection, and operation and maintenance plan under section 512(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)).

(E)

Removing trees to address overstocking or crowding in a forest stand, consistent with achieving the appropriate basal area of the forest stand, as determined by a responsible official.

(F)

Using treatments to address insects or disease or to control vegetation competition or invasive species.

(G)

A wet-meadow, floodplain, or riparian restoration activity that increases wildfire resistance.

(H)

A forest stand improvement activity necessary to protect life and property from catastrophic wildfire, as determined by a responsible official.

(I)

Any combination of activities described in this paragraph.

(6) Fireshed Registry

The term Fireshed Registry means the registry established under section 103(a).

(7) Forest plan

The term forest plan means—

(A)

a land use plan prepared by the Bureau of Land Management for public land 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); and

(C)

a forest management plan (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)) with respect to Indian forest land or rangeland.

(8) Governor

The term Governor means the Governor or other appropriate executive official of—

(A)

a State; or

(B)

an Indian Tribe.

(9) Hazardous fuels management activity

The term hazardous fuels management activity means a vegetation management activity, or any combination of such activities, that reduces the risk of wildfire, including mechanical thinning, mastication, prescribed burning, cultural burning (as determined by an applicable Indian Tribe), timber harvest, and grazing.

(10) HFRA terms

The terms at-risk community, community wildfire protection plan, and wildland-urban interface have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

(11) Indian forest land or rangeland

The term Indian forest land or rangeland means land that—

(A)

is held in trust, or subject to a restriction against alienation, by the United States for an Indian Tribe or a member of an Indian Tribe; and

(B)

(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)

(I)

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.

(12) Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(13) National Forest System

The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(14) Public land

The term public land means—

(A)

public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));

(B)

the land reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47) (commonly known as Coos Bay Wagon Road Grant lands) under the jurisdiction of the Secretary of the Interior; and

(C)

the land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137) (commonly known as Oregon and California Railroad Grant lands) under the jurisdiction of the Secretary of the Interior.

(15) Relevant committees of Congress

The term relevant committees of Congress means—

(A)

in the Senate—

(i)

the Committee on Agriculture, Nutrition, and Forestry; and

(ii)

the Committee on Energy and Natural Resources; and

(B)

in the House of Representatives—

(i)

the Committee on Agriculture; and

(ii)

the Committee on Natural Resources.

(16) Secretaries

The term Secretaries means—

(A)

the Secretary; and

(B)

the Secretary of the Interior.

(17) Secretary

The term Secretary means the Secretary of Agriculture.

(18) Secretary concerned

The term Secretary concerned means—

(A)

the Secretary, with respect to National Forest System land; and

(B)

the Secretary of the Interior, with respect to public land.

(19) Special district

The term special district means a political subdivision of a State that—

(A)

has significant budgetary autonomy or control;

(B)

was established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to land management; and

(C)

is distinct from any other unit of local government within the State.

(20) State

The term State means—

(A)

each of the several States;

(B)

the District of Columbia; and

(C)

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) Designations

(1) Initial designations

Subject to paragraph (4), for the 5-year period beginning on the date of enactment of this Act, the following firesheds are designated as fireshed management areas:

(A)

Each landscape-scale fireshed identified as a high-risk fireshed in the document published by the Forest Service entitled Wildfire Crisis Strategy and dated January 2022.

(B)

Of the 7,688 firesheds described in the report published by the Rocky Mountain Research Station of the Forest Service in 2019, each landscape-scale fireshed identified by the Secretary, in consultation with the Secretary of the Interior, as being in the top 20 percent for wildfire exposure based on the following criteria:

(i)

Wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures.

(ii)

Wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems.

(iii)

Risk of vegetation type conversion due to wildfire, based on information from existing forest plans, State forest action plans, and best available science.

(2) Designations in Alaska, Hawaii, and territories

Not later than 30 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Interior, shall designate in the States of Alaska and Hawaii and the territories of the United States such additional fireshed management areas as the Secretaries determine to be appropriate, based on the criteria described in clauses (i) through (iii) of paragraph (1)(B).

(3) Map-based updated designations

(A) Map of firesheds

Not later than the date that is 5 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit to the relevant committees of Congress an updated map of firesheds, which shall—

(i)

be based on the Fireshed Registry; and

(ii)

include firesheds in the States of Alaska and Hawaii and the territories of the United States.

(B) Fireshed management areas

Not later than 60 days after submitting an updated fireshed map under subparagraph (A), the Secretary shall designate as a fireshed management area each fireshed depicted on that map that the Secretary, in consultation with the Secretary of the Interior, identifies as being in the top 20 percent of firesheds at risk of wildfire exposure based on the criteria described in clauses (i) through (iii) of paragraph (1)(B) and in accordance with this section.

(C) Publication

The Secretary shall make each updated map prepared under this paragraph publicly available on the Fireshed Registry.

(4) Land location and content

A fireshed management area designated under this subsection—

(A)

shall not overlap with any other fireshed management area; and

(B)

may contain Federal and non-Federal land, including Indian forest land or rangeland.

(5) Combining multiple firesheds

On receipt of a request of an affected Governor, the Secretary, in consultation with the Secretary of the Interior, may expand a fireshed management area designated under this subsection to include more than 1 fireshed.

(b) Use

The Secretary concerned may carry out fireshed management projects on the fireshed management areas designated under this section.

(c) Applicability of NEPA

The designation of a fireshed management area 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. Wildfire Intelligence Center

(a) Definitions

In this section:

(1) Board

The term Board means the Board governing the Center appointed under subsection (f).

(2) Center

The term Center means the Wildfire Intelligence Center established under subsection (b).

(b) Establishment

Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Interior shall establish a joint office, to be known as the Wildfire Intelligence Center, the duties of which are to study, plan, coordinate, and implement issues of joint concern among the Department of Agriculture and the Department of the Interior, including—

(1)

serving as the development and operational center for the comprehensive assessment and prediction of wildfires and fires that move into the built environment to provide decision support services to inform land and fuels management, community outreach and risk reduction, post-wildfire recovery and rehabilitation, and fire management and response activities carried out by entities, including—

(A)

the Federal Government;

(B)

State, Tribal, and local governments;

(C)

land managers;

(D)

incident management teams;

(E)

the National Interagency Coordination Center;

(F)

geographic coordination centers;

(G)

land, air, and water managers;

(H)

burned area rehabilitation teams;

(I)

public health entities; and

(J)

other entities identified by the Board;

(2)

facilitating collaboration and information sharing across Federal and State departments and agencies, Tribal entities, academia, and the private sector with respect to matters relating to wildfires; and

(3)

addressing such other issues as the Secretary and the Secretary of the Interior may identify as issues of joint interest in support of the functions of the Center described in subsection (d).

(c) Headquarters

Not later than 1 year after the date of enactment of this Act, the Board shall select from within the United States a permanent location for the physical headquarters of the Center.

(d) Functions

The functions of the Center shall include the following:

(1)

Providing real-time, science-based, and data-rich scientific and technical analytical services, decision support, and predictive services across all phases of fire to inform pre-fire land and fuels management, pre-fire community and built environment risk reduction, active fire management and emergency response, and post-fire recovery in the built and natural environments.

(2)

Assessing and monitoring wildfires and wildfire conditions across all phases of fire, including ignition, behavior, and spread, climate, weather, drought, soil moisture, fuel conditions, smoke, aerosols, fire severity, debris flows, and erosion.

(3)

Comprehensive modeling of wildfire behavior and risks, including ignitions, wildfire intensity and spread inside the built and natural environments, air quality, and dependence on burn history, vegetation conditions, climate, and weather.

(4)

Providing and procuring, if commercially available, and combining existing data, mapping, technological, and consultation services to support pre-, active, and post-fire activities, including—

(A)

creating and maintaining a real-time nationwide wildfire risk catalog by leveraging existing risk mapping at land management agencies;

(B)

assisting with the creation of evacuation plans for at-risk communities;

(C)

assisting with the creation of public safety power shutoff plans;

(D)

assisting with the creation and updating of wildfire response strategies, plans, and treatment and mitigation measures, including mitigation measures in the built environment and the development of community wildfire protection plans;

(E)

providing decision support and gridded and point data forecast and assessment products in support of operational and planning activities, including the pre-positioning of wildfire suppression personnel and assets based on real-time-risk; and

(F)

assisting with the safe and effective use of prescribed fire.

(5)

Consolidating air quality monitoring and forecasting data to support health risk information to help inform risks to public health and protect the public from smoke impacts associated with wildfires, including providing planning guidance for safe and effective beneficial fire opportunities to prevent the risk of wildfires.

(6)

Providing accessible tools and products that support emergency and land management decisions relating to wildfire prevention, preparedness, and response, including risk assessment and contingency planning, which shall include the development of a data interface to assist and inform, in real-time, firefighters, first responders, and approved contractors in responding to wildfires, including the use of any observations by the civil, military, and intelligence communities of the Federal Government and commercial Earth observations.

(7)

Establishing an interoperable information technology infrastructure accessible by Federal agencies, State government offices, units of local government, and Tribal governments.

(8)

To the extent feasible, establishing data interoperability through—

(A)

the development of common data standards;

(B)

the provision of comprehensive searchable data inventories;

(C)

working with Tribal governments in nation-to-nation partnership;

(D)

the integration and sharing of information and resources of the Federal Government and State and local governments to support the essential functions of the Center;

(E)

the development of data standards to protect confidential information that may be essential to the core functions of the Center;

(F)

regular updates and maintenance of research and technology essential to achieving the core functions of the Center; and

(G)

the development and maintenance of a big-data architecture to compile, maintain, standardize, and evaluate data associated with the core functions of the Center.

(9)

In coordination with relevant Federal agencies and coordinating entities, as determined by the Board, and in consultation with State government agencies, units of local government, territories of the United States, and federally recognized Indian Tribes, developing, procuring where commercially available, and disseminating tools to support wildfire planning, risk reduction and response guidance, guidelines, maps, and training materials to help inform State, territorial, local, and Tribal governments and decisionmakers with respect to—

(A)

the use and implementations of wildfire risk assessments;

(B)

the applied use of the database and information developed under paragraphs (7) and (8);

(C)

reducing losses from wildfires;

(D)

increasing benefits from wildfires;

(E)

resources available for communities and responders working to improve wildfire preparedness; and

(F)

enhancing communication management in emergency wildfire situations, land and resource management, and scientific studies.

(10)

Working with Federal, State, and Tribal agencies to develop and improve National Wildfire Coordinating Group wildfire preparedness curricula and training modules for—

(A)

State, territorial, local, and Tribal officials; and

(B)

Federal, State, territorial, local, and Tribal emergency managers and responders.

(11)

Maintaining the Fireshed Registry.

(12)

Administering the pilot program established under section 303 and streamlining procurement processes for technologies identified under that pilot program and technology systems related to addressing wildfire and smoke for purposes of scaling such technologies and systems across Federal agencies.

(e) Administration

(1) In general

The Secretary and the Secretary of the Interior shall cooperatively administer the Center.

(2) Transfer of funds

(A) In general

Subject to subparagraph (B), the Secretary and the Secretary of the Interior may transfer funds provided to establish, and carry out the duties of, the Center between—

(i)

the Forest Service; and

(ii)

the United States Geological Survey.

(B) Notice required

Not later than 15 days before transferring funds under subparagraph (A), the Secretary or the Secretary of the Interior, as applicable, shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a notice of the proposed transfer.

(f) Board

(1) Membership

The Center shall be governed by a Board, to be composed of 16 members, as follows:

(A)

1 member who is a career employee of the Department of Agriculture, to be appointed by the Secretary.

(B)

1 member who is a career employee of the research and development areas of the Forest Service, to be appointed by the Chief of the Forest Service.

(C)

1 member who is a career employee in fire and aviation management of the Forest Service, to be appointed by the Chief of the Forest Service.

(D)

1 member who is a career employee of the Department of the Interior, to be appointed by the Secretary of the Interior.

(E)

1 member who is a career employee of the Bureau of Land Management, to be appointed by the Director of the Bureau of Land Management.

(F)

1 member who is a career employee of the Bureau of Indian Affairs, to be appointed by the Assistant Secretary for Indian Affairs.

(G)

1 member who is a career employee of the National Park Service, to be appointed by the Director of the National Park Service.

(H)

1 member who is a career employee of the United States Fish and Wildlife Service, to be appointed by the Director of the United States Fish and Wildlife Service.

(I)

1 member who is a career employee of the United States Geological Survey, to be appointed by the Director of the United States Geological Survey.

(J)

1 member who is a career employee of the National Oceanic and Atmospheric Administration, to be appointed by the Administrator of the National Oceanic and Atmospheric Administration.

(K)

1 member who is a career employee of the National Weather Service, to be appointed by the Director of the National Weather Service.

(L)

1 member who is a career employee of the Federal Emergency Management Agency, to be appointed by the Administrator of the Federal Emergency Management Agency.

(M)

1 member who is a career employee of the United States Fire Administration, to be appointed by the Administrator of the United States Fire Administration.

(N)

1 member who is a career employee of the Department of Defense, to be appointed by the Secretary of Defense.

(O)

1 member who is a career employee of the National Science Foundation, to be appointed by the Director of the National Science Foundation.

(P)

1 member who is a career employee of the National Aeronautics and Space Administration, to be appointed by the Administrator of the National Aeronautics and Space Administration.

(2) Terms

A member of the Board—

(A)

shall be appointed for a term of 3 years; and

(B)

may be reappointed for not more than 3 additional terms.

(3) Chairperson; Vice Chairperson

The Chairperson and Vice Chairperson of the Board shall—

(A)

be selected by the members of the Board from among the members appointed under subparagraphs (B), (I), and (J) of paragraph (1); and

(B)

serve for a term of 1 year.

(4) Majority vote

A voting consensus by the Board shall be not less than a 2/3 majority vote of the members present.

(5) Nonvoting status

At the discretion of the Board, the Board may include nonvoting observers to the Board.

(g) Executive Director

(1) In general

The Center shall have an Executive Director, who shall be appointed by, and serve at the direction of, the Board.

(2) Drought monitoring

The Executive Director shall engage with relevant Federal agencies, State agencies, and entities in the private sector to improve drought monitoring, forecasting, communication, and response that may be essential to the core functions of the Center, if the Executive Director determines that the engagement is appropriate, beneficial, and cost-effective.

(3) Contracting authority

(A) In general

The Executive Director may enter into and perform contracts, agreements, memoranda of understanding, or other, similar transactions, as the Executive Director determines to be appropriate to carry out the functions of the Center described in subsection (d).

(B) Report

Not later than 180 days after the date of enactment of this Act, the Board and the Executive Director shall submit to the relevant committees of Congress a report that provides—

(i)

an assessment of existing contracting authorities of the Executive Director;

(ii)

recommendations regarding whether any new contracting authorities or modifications of existing contracting authorities are needed; and

(iii)

a description of technologies that may be commercially available to perform the functions of the Center, together with the costs and timelines of procuring those technologies or developing relevant capabilities.

(h) Detailees

The Secretary and the Secretary of the Interior may detail or assign to the Center such employees of the Department of Agriculture and the Department of the Interior, respectively, as the Secretaries determine to be necessary to carry out the duties of the Center.

(i) Interagency financing

Notwithstanding section 708 of the Financial Services and General Government Appropriations Act, 2023 (Public Law 117–328; 136 Stat. 4706), or any other, similar provision of law, interagency financing may be used to fund the Center.

(j) Coordination with other agencies and entities

To carry out the functions of the Center described in subsection (d), the Board shall coordinate with agencies represented on the Board and other relevant entities, including—

(1)

the National Wildfire Coordinating Group;

(2)

State and Tribal governments;

(3)

any other agency that—

(A)

is responsible for the management of Federal or State land; or

(B)

has data, science, and technology expertise relevant to the Center; and

(4)

any other relevant Federal, State, Tribal, or nongovernmental entity that is representative of an element of the wildland fire community.

(k) Operational plan

(1) In general

Not later than 180 days after the appointment of the Executive Director, the Executive Director shall submit to the relevant committees of Congress an operational plan describing—

(A)

the structure of the Center;

(B)

staffing and funding needs of the Center;

(C)

technological capabilities within the Department of Agriculture, the Department of the Interior, and the other Federal departments and agencies comprising the Board that are available to the Center;

(D)

an assessment of the potential of commercially available technologies to perform the functions of the Center; and

(E)

a timeline for full operational functioning of the Center.

(2) Inclusions

The plan under paragraph (1) shall include estimated costs, key milestones, coordination strategies with Federal, State, and private entities, and recommendations for ensuring the effective operation of the Center.

(3) Updates

The Director shall update the plan not less frequently than annually to reflect progress, adjustments in funding, and the adoption of new technologies.

(l) Rule of construction

Nothing in this section affects the ownership of any data source.

Sec. 103. Fireshed Registry

(a) Establishment

The Secretaries, acting through the Executive Director, shall establish and maintain, on a publicly accessible website, a registry, to be known as the Fireshed Registry, that provides interactive geospatial data relating to individual firesheds, including information relating to—

(1)

wildland fire 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 during the preceding 10 years;

(3)

wildland fire exposure with respect to a fireshed, delineated by—

(A)

wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures;

(B)

wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems; and

(C)

risk of vegetation type conversion due to wildfire;

(4)

the percentage of a fireshed burned in wildfire during the preceding 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 a fireshed, including fireshed management projects.

(b) Community wildfire protection plans

The Executive Director shall make data from the Fireshed Registry available to local communities developing or updating community wildfire protection plans.

(c) Maintenance

As part of the website containing the Fireshed Registry, the Executive Director shall—

(1)

publish fireshed assessments conducted 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 fireshed management projects;

(iii)

any required modifications of the permitting timetable under clause (i), including an explanation regarding why the permitting timetable was modified; and

(iv)

information regarding any public meetings, public hearings, and public comment periods relating to a fireshed management project, as that information becomes available, which shall be presented in—

(I)

English; and

(II)

the predominant language of each community that is most affected by the fireshed management project, as that information becomes available;

(B)

the projected cost of fireshed management projects; and

(C)

in the case of a completed fireshed management project, the estimated effectiveness of the fireshed management project in—

(i)

reducing the wildfire exposure within the applicable fireshed, including wildfire exposure described in subparagraphs (A) through (C) of subsection (a)(3); and

(ii)

increasing the resilience of wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(d) Incorporation of existing assessments and data

In carrying out this section, the Executive Director shall incorporate any assessments completed or data gathered through existing partnerships, to the extent practicable.

(e) Applicability of NEPA

The establishment and maintenance of the Fireshed Registry 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. 104. Shared stewardship

(a) Joint agreements

The Secretary concerned shall seek to use an existing shared stewardship agreement, modify an existing shared stewardship agreement, or enter into a similar agreement with the Governor of each State and Indian Tribe that contains a fireshed management area designated under section 101(a) to jointly—

(1)

promote the reduction of wildfire exposure, based on the criteria described in clauses (i) through (iii) of section 101(a)(1)(B), in fireshed management areas across jurisdictional boundaries; and

(2)

conduct fireshed assessments under section 105.

(b) Adjustment of boundaries and updates to agreements

With respect to an agreement under subsection (a), the Secretary concerned, on request of the applicable Governor, may—

(1)

adjust the boundaries of any applicable fireshed management area; and

(2)

update the agreement to address any new wildfire threats.

(c) Cooperative agreements

The Secretary and the Secretary of the Interior may enter into cooperative agreements with units of local government, special districts, end water users, nongovernmental organizations, institutions of higher education, and other entities, at the discretion of the applicable Secretary to carry out the activities described in paragraphs (1) and (2) of subsection (a).

Sec. 105. Fireshed assessments

(a) In general

Not later than 120 days after the date of enactment of this Act, the Secretary concerned, in cooperation with the Governor with whom the Secretary concerned enters into an agreement under section 104(a), if applicable, shall conduct a fireshed assessment in accordance with this section with respect to each fireshed management area designated in the applicable State or area of Tribal land.

(b) Requirements

(1) In general

Each fireshed assessment under subsection (a) shall—

(A)

identify—

(i)

using the best available science, wildfire exposure risks within the applicable fireshed management area, including scenario planning and wildfire hazard mapping and models; and

(ii)

each at-risk community within the fireshed management area;

(B)

identify the types of fireshed management projects that could benefit the fireshed management area, with an emphasis on reducing—

(i)

wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures;

(ii)

wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems;

(iii)

risk of vegetation type conversion due to wildfire;

(iv)

wildfire risk for wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(v)

wildfire risk to resources of an Indian Tribe, as defined by the Indian Tribe; or

(vi)

any combination of purposes described in clauses (i) through (v); and

(C)

include, with respect to the applicable fireshed management area—

(i)

a strategy for reducing the threat of wildfire—

(I)

to protect at-risk communities in the wildland-urban interface on Federal and non-Federal land;

(II)

to improve the effectiveness of wildfire firefighting, particularly the effectiveness of fuels treatments that would improve wildfire firefighter safety during wildfires; and

(III)

to reduce risk to wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(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 to ensure that those fireshed management projects contribute to the development and maintenance of healthy and resilient landscapes;

(iv)

a strategy to ensure that fireshed management projects comply with applicable forest plans and incorporate the best available science; and

(v)

a strategy for maximizing the retention of late-successional forests, to the extent that the trees promote stands that are resilient to insects and disease, and reduce the risk or extent of, or increase resilience to, wildfires.

(2) Existing plans

To the maximum extent practicable, a fireshed assessment shall incorporate and build on information, planning, and strategies contained in relevant forest plans, State forest action plans, watershed management plans, community wildfire protection plans, and similar locally led landscape-scale planning documents.

(3) Participation

(A) State, Tribal, and local governments

In addition to the parties to an applicable agreement described in subsection (a), the Secretary concerned shall coordinate with States, Indian Tribes, units of local government, and other entities that are parties to an agreement under section 104(c) within a fireshed management area in conducting the fireshed assessment under paragraph (1).

(B) Public

In carrying out a fireshed assessment under this section, the Secretary concerned shall provide an opportunity for public participation during the 45-day period beginning on the date of initiation of the assessment, including—

(i)

publication of information regarding the development of the assessment—

(I)

on a website maintained by the Secretary concerned; and

(II)

at convenient locations within the applicable fireshed management area; and

(ii)

at least 1 public meeting.

(c) Updates and availability

Each fireshed assessment under subsection (a) shall be—

(1)

regularly updated based on the best available science, subject to the requirements of subsection (d)(2); and

(2)

made publicly available on 1 or more websites maintained by the Secretary concerned, including the Fireshed Registry.

(d) Information improvement

(1) Memoranda of understanding

In carrying out a fireshed assessment under this section, the Secretary concerned may enter into memoranda of understanding with other Federal departments and agencies (including the National Oceanic and Atmospheric Administration), States, Indian Tribes, private entities, or research or educational institutions to improve, with respect to the assessment, the use and integration of—

(A)

advanced remote sensing and geospatial technologies;

(B)

statistical modeling and analysis; or

(C)

any other technology or combination of technologies and analyses that the Secretary concerned determines will benefit the quality of information in the assessment.

(2) Best available science

In using the best available science for a fireshed assessment under this section, the Secretary concerned and the applicable Governor shall incorporate, to the maximum extent practicable—

(A)

traditional ecological knowledge from Indian Tribes;

(B)

data from State forest action plans and State wildfire risk assessments;

(C)

data from the Fireshed Registry; and

(D)

data from other Federal, State, Tribal, and local governments or agencies.

(e) Applicability of NEPA

A fireshed assessment 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, acting through a responsible official, shall carry out fireshed management projects on land under the jurisdiction of the Secretary concerned in fireshed management areas in accordance with this section, the applicable forest plan, and the laws (including regulations) applicable to the Secretary concerned.

(2) Applicability of other provisions

(A) In general

The following shall have the force and effect of law with respect to any fireshed management project carried out in a fireshed management area:

(i)

Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary.

(ii)

Section 46.150 of title 43, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary of the Interior.

(iii)

Section 402.05 of title 50, Code of Federal Regulations (as in effect on April 9, 2025).

(iv)

Section 800.12 of title 36, Code of Federal Regulations (as in effect on April 9, 2025), except that any reference contained in that regulation to an agency official shall be considered to be a reference to a responsible official.

(B) Determination of emergency

(i) In general

A regulation referred to in subparagraph (A) shall not apply pursuant to that subparagraph with respect to a fireshed management project unless, before carrying out the fireshed management project, a responsible official—

(I)

determines, in accordance with the regulation, that an emergency or emergency circumstance exists;

(II)

completes any documentation or identification processes required under such regulation; and

(III)

provides public notice of the determination of emergency and each related fireshed management project activity by publishing such determination on a website maintained by the Secretary concerned.

(ii) Requirement

In carrying out a fireshed management project under a regulation referred to in subparagraph (A), a responsible official shall ensure that such fireshed management project is consistent with the applicable forest plan and the laws (including regulations) and policies applicable to the Secretary concerned.

(C) Further clarification

A regulation referred to in subparagraph (A) shall not apply to any fireshed management project unless such fireshed management project will achieve a land management goal described in section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)).

(D) Utilization of existing streamlined authorities in fireshed management areas

(i) In general

Not later than 2 years after the date of enactment of this Act, with respect to each fireshed management area that contains Federal land, the Secretary concerned, acting through a responsible official, shall use not fewer than 1 of the following expedited authorities for environmental review to carry out fireshed management projects:

(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)).

(ii) Compliance with NEPA

In applying expedited authorities for environmental review to carry out fireshed management projects under clause (i), the Secretary concerned shall ensure—

(I)

such project is carried out in accordance with the statute establishing the categorical exclusion applied by the Secretary concerned;

(II)

compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(III)

such project is carried out in accordance with the applicable forest plan or resource management plan and the laws and policies applicable to the Secretary concerned.

(iii) Additional emergency actions

The Secretary may declare an emergency pursuant to section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) for any fireshed management project.

(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 of 1969 (42 U.S.C. 4321 et seq.) by the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38).

(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 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 (Public Law 108–278; 118 Stat. 868).

(b) Expansion

(1) Healthy Forests Restoration Act amendments

(A) Definitions

Section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502) is amended—

(i)

in paragraph (2), by striking 450b and inserting 5304; and

(ii)

by adding at the end the following:

(3) Local government
The term local government means—
(A)
a county;
(B)
a municipality; and
(C)
a 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 established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest or rangeland management; and
(C)
is distinct from any other unit of local government within the State.

(B) Administrative review

Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended—

(i)

in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and

(ii)

in paragraph (2)(B), by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV.

(C) Wildfire resilience projects

Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is amended—

(i)

in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and

(ii)

in paragraph (4), by striking code of Federal regulations (or successor regulations) and inserting Code of Federal regulations (or a successor regulation).

(D) Greater sage-grouse and mule deer habitat

Section 606 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e) is amended—

(i)

in subsection (a)(1)(A)—

(I)

by striking clause (ii);

(II)

by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively; and

(III)

in clause (iii) (as so redesignated), in the matter preceding subclause (I), by striking in a sagebrush steppe ecosystem;

(ii)

in subsection (c), by striking concurrently for both greater sage-grouse and and inserting for greater sage-grouse or; and

(iii)

in subsection (g)(1), by striking 4,500 acres and inserting 7,500 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)) is amended by striking 3,000 acres and inserting 10,000 acres.

Sec. 107. Sunset

The authority under this subtitle terminates 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 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)—

(A)

in paragraph (1)(B), by striking either the Secretary or a Governor or county and inserting the Secretary, a Governor, an Indian tribe, a special district, or a county;

(B)

in paragraph (5), by striking Governor or and inserting Governor, an Indian tribe, a special district, or a;

(C)

in paragraph (6), by striking or Indian tribe; and

(D)

by adding at the end 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 established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest or rangeland management; and
(C)
is distinct from any other unit of local government within the State.; and

(2)

in subsection (b)—

(A)

in paragraph (1)(A), by striking or county and inserting , an Indian tribe, a special district, or a county;

(B)

in paragraph (2)(C)—

(i)

in clause (i)—

(I)

in the matter preceding subclause (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)—

(aa)

in the matter preceding item (aa), by striking clause (i) and inserting subclause (I); and

(bb)

in item (bb), by striking the Good Neighbor Authority for Recreation Act. and inserting section 351 of the EXPLORE Act (16 U.S.C. 8571);; and

(IV)

by adding at the end the following:

(III)
if there are funds remaining after carrying out subclause (II)—
(aa)
to carry out authorized restoration services under other good neighbor agreements; and
(bb)
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;

(C)

in paragraph (3), by striking or county and inserting , an Indian tribe, a special district, or a county; and

(D)

by striking paragraph (4).

(b) Technical amendment

(1) In general

Section 443 of division E of Public Law 118–42 (138 Stat. 297) is amended, in the matter preceding paragraph (1), by striking Agriculture Act of 2014 and inserting Agricultural Act of 2014.

(2) Effective date

The amendment made by paragraph (1) shall take effect on the date of enactment of Public Law 118–42 (138 Stat. 25).

(c) Effective date

The amendments made by subsection (a) shall 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; and

(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) Definition of long-term contract
In this paragraph, the term long-term contract means an agreement or contract under subsection (b) that—
(i)
has a term of longer than 5 years; and
(ii)
is entered into on or after the date of enactment of this paragraph.
(B) Special rule
A long-term contract entered into under subsection (b) by the Chief or the Director with an entity shall provide that, in the case of cancellation or termination of the long-term contract by the Chief or the Director, the Chief or the Director, as applicable, shall provide to the entity an amount equal to 10 percent of the long-term contract amount as cancellation or termination costs.

Sec. 113. Fireshed management project 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 division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act), 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; and

(4)

any combination of purposes described in paragraphs (1) through (3).

(b) Members

(1) In general

The Secretary concerned may appoint not more than 10 individuals to serve on an intra-agency strike team under this section, to be composed of—

(A)

employees of the department under the jurisdiction of the Secretary concerned;

(B)

employees of a different Federal department or agency, with the consent of the head of that department or agency; and

(C)

private contractors or volunteers from any nonprofit organization, State government, Indian Tribe, local government, quasi-governmental agency, academic institution, or private organization.

(2) Requirement

In appointing individuals under paragraph (1), the Secretary concerned shall appoint not fewer than 1 employee of the Federal agency with jurisdiction over the applicable Federal land.

(c) Review responsibility

The Secretary concerned shall—

(1)

determine the sufficiency of the documents prepared by an intra-agency strike team under this section; and

(2)

retain responsibility for any authorizing decision relating to such a document.

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 114. Locally led restoration

Section 14(d) of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) is amended, in the first sentence, by striking $10,000 and inserting $55,000.

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 wildfire; 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), by striking paragraph (2) and inserting the following:

(2) Additional reports
For each of fiscal years 2022 and 2023, and not less frequently than once every 2 fiscal years thereafter, the Chiefs shall submit a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects, to—
(A)
in the Senate—
(i)
the Committee on Agriculture, Nutrition, and Forestry;
(ii)
the Committee on Energy and Natural Resources; and
(iii)
the Committee on Appropriations; and
(B)
in the House of Representatives—
(i)
the Committee on Agriculture;
(ii)
the Committee on Natural Resources; and
(iii)
the Committee on Appropriations.; and

(4)

in subsection (h)(1), by striking and 2023 and inserting through 2031.

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)—

(A)

in paragraph (2)(B)(ii), by striking 500 note and inserting 7125; and

(B)

in paragraph (3)—

(i)

in the matter preceding subparagraph (A), by striking plans to— and inserting plans—;

(ii)

in each of subparagraphs (A) through (H), by inserting to after the subparagraph designation; and

(iii)

in subparagraph (D), by inserting or pathogens before the semicolon;

(2)

in subsection (c)(3)(A)—

(A)

in clause (i), by striking and at the end;

(B)

in clause (ii), by adding and after the semicolon at the end; and

(C)

by adding at the end the following:

(iii)
include a Federal Government staffing plan for providing staff to support collaborative processes established under subsection (b)(2);;

(3)

in subsection (d)—

(A)

in paragraph (2)—

(i)

in subparagraph (E), by striking and at the end;

(ii)

in subparagraph (F), by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(G)
proposals that seek to use innovative implementation mechanisms, including good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);
(H)
proposals that seek to reduce the risk of uncharacteristic wildfire or increase ecological restoration activities—
(i)
within areas across land ownerships, including State, Tribal, and private land; and
(ii)
within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and
(I)
proposals that seek to enhance watershed health and drinking water sources.; and

(B)

in paragraph (3)—

(i)

by striking subparagraph (A) and inserting the following:

(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);

(4)

in subsection (e)(3), by inserting conflict resolution or collaborative governance, before and woody; and

(5)

in subsection (f)—

(A)

in paragraph (4)(B)(ii), by striking $4,000,000 and inserting $8,000,000; and

(B)

in paragraph (6), by striking 2023 and inserting 2031.

Sec. 117. Utilizing grazing for wildfire risk reduction

(a) Strategy

(1) In general

Not later than 18 months after the date of enactment of this Act, the Secretary concerned, in coordination with the holders of permits to graze livestock on Federal land under the jurisdiction of the Secretary concerned and in consultation with other relevant stakeholders, shall develop a strategy to utilize livestock grazing as a wildfire risk reduction tool on Federal land, consistent with the laws applicable to the Secretary concerned.

(2) Inclusions

The strategy under paragraph (1) shall include—

(A)

the completion of any reviews required under the National Environmental Policy Act of 1969 (42 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;

(B)

the use of targeted grazing to reduce hazardous fuels;

(C)

an increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses;

(D)

an increased use of livestock grazing—

(i)

to eradicate invasive annual grasses; and

(ii)

as a post-fire restoration and recovery strategy, as appropriate;

(E)

an integrated use of advanced technologies to dynamically adjust livestock placement;

(F)

an increased use of any authorities applicable to livestock grazing, including modifications to grazing permits or leases to allow variances;

(G)

the utilization of grazing on Federal land under the jurisdiction of the Secretary concerned in a manner that—

(i)

avoids conflicts with other uses of that Federal land; and

(ii)

is consistent with any applicable land management plan; and

(H)

the use of any other means determined to be appropriate by the Secretary concerned.

(b) Effect on existing grazing programs

Nothing in this section affects—

(1)

any livestock grazing program carried out by the Secretary concerned as of the date of enactment of this Act; or

(2)

any statutory authority for any program described in paragraph (1).

Sec. 118. Water Source Protection Program

Section 303 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542) 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; and
(J)
a local, regional, or other private entity that has water delivery authority;;

(2)

in subsection (b)—

(A)

by inserting and adjacent land before the period at the end;

(B)

by striking The Secretary and inserting the following:

(1) In general
The Secretary; and

(C)

by adding at the end the following:

(2) Requirements
A watershed protection and restoration project under the Program shall be designed—
(A)
to protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
(B)
to protect and restore forest health from insect infestation and disease or wildfire; or
(C)
to 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 events, 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;
(C)
provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems;
(D)
include—
(i)
partners with demonstrated capacity to, and success in, designing and implementing ecological restoration projects, wildfire risk-reduction efforts, or post-wildfire restoration projects; or
(ii)
in the case of communities that have historically lacked access to adequate resources, partners with a strong likelihood of success in designing and implementing a watershed protection and restoration project; and
(E)
include—
(i)
a contribution of funds or in-kind support from non-Federal partners in an amount greater than the amount required under subsection (g)(2); or
(ii)
such other characteristics as the Secretary determines to be appropriate.
(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 provides express support for, and is a willing and engaged partner in, carrying out that project or activity.
(B) Effect
Nothing in this section authorizes 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 agreements with and all that follows through the period at the end and inserting the following:

agreements with end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water to—
(A)
end water users; or
(B)
end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water 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)
in the case of an agreement with a State, a county, or an Indian tribe for a project carried out on National Forest System land, 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 striking paragraph (2) and inserting the following:

(2) Requirements
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 approved by the Secretary may be used as the basis for a water source management plan under this subsection.;

(5)

in subsection (e)(1), by striking purpose of in the matter preceding subparagraph (A) and all that follows through the period at the end and inserting purpose of advancing any of the purposes described in subsection (b)(2).; and

(6)

in subsection (g)—

(A)

in paragraph (2)—

(i)

by striking at least equal to and inserting not less than 20 percent of;

(ii)

by striking The Secretary and inserting the following:

(A) In general
Subject to subparagraph (B), the Secretary; and

(iii)

by adding at the end the following:

(B) Waiver
The Secretary may waive the requirement under subparagraph (A) at the discretion of the Secretary.;

(B)

in paragraph (4)—

(i)

in subparagraph (B), by striking fiscal years 2019 through 2023 and inserting fiscal years 2025 through 2031;

(ii)

by redesignating subparagraph (C) as subparagraph (D); and

(iii)

by inserting after subparagraph (B) the following:

(C) Set-aside for partner participation in planning and capacity
Of the amounts made available under subparagraphs (A) and (B) to carry out this section for each fiscal year, the Secretary shall use not less than 10 percent for non-Federal partner technical assistance participation and capacity-building efforts in developing or implementing a water source management plan under subsection (d).; and

(C)

by adding at the end the following:

(5) In-kind contributions
The Secretary may include the value of forest restoration and watershed improvement work implemented on adjacent land in the project area in determining in-kind contributions to a project from non-Federal partners under paragraph (4)(A).

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—

(1)

in paragraph (3)(A), by inserting protection and before restoration;

(2)

in paragraph (5), by striking and at the end;

(3)

in paragraph (6), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(7)
to ensure that management activities and authorizations do not result in long-term degradation of watershed health or lower the classification under paragraph (1) of any watershed in a National Forest.

Sec. 120. Tribal forest protection management activities and projects

Section 8703 of the Agriculture Improvement Act of 2018 (25 U.S.C. 3115b) is amended—

(1)

in the section heading, by striking management demonstration project and inserting protection management activities and projects;

(2)

by redesignating subsection (b) as subsection (c);

(3)

in subsection (a)—

(A)

by striking demonstration;

(B)

by striking federally recognized;

(C)

by striking programs of and inserting activities and projects under;

(D)

by striking 5304 et seq. and inserting 5301 et seq.; and

(E)

by striking the subsection designation and heading and all that follows through and the Secretary and inserting the following:

(a) Definitions
In this section:
(1) Indian Tribe
The term Indian Tribe means an Indian Tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(2) Tribal organization
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Activities and projects
The Secretary and the Secretary of the Interior;

(4)

in subsection (c) (as so redesignated)—

(A)

in the matter preceding paragraph (1), by striking subsection (a) and inserting subsection (b); and

(B)

in paragraph (1), by striking 5304 et seq. and inserting 5301 et seq.; and

(5)

by adding at the end the following:

(d) Publication of information
The Secretary and the Secretary of the Interior shall—
(1)
not later than 180 days after the date of enactment of this subsection, make available, in an easily accessible format and location, on the website of the Department of Agriculture and the Department of the Interior, respectively, a list of the types of activities and projects that Indian Tribes and Tribal organizations may enter into contracts to perform under subsection (b); and
(2)
update the list under paragraph (1) as necessary.

Subtitle C Litigation reform

Sec. 121. Commonsense litigation reform

(a) Definitions

In this section:

(1) Agency document

The term agency document, with respect to a fireshed management project, means a record of decision, decision memorandum, 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; and

(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 those terms in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).

(b) Limitations on judicial review

(1) Limitations on injunctive relief

(A) Temporary delay of covered agency action

Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a preliminary injunction against such covered agency action unless the court determines that—

(i)

subject to subparagraph (C), such preliminary injunction is in the public interest;

(ii)

the balance of equities favors the plaintiff;

(iii)

the plaintiff is likely to succeed on the merits; and

(iv)

the plaintiff is likely to suffer irreparable injury in the absence of preliminary relief.

(B) Permanent limit on agency action

Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, a court shall not issue a permanent injunction against such covered agency action, or an order to otherwise permanently limit such covered agency action, unless a court determines that—

(i)

subject to subparagraph (C), such permanent injunction or order is in the public interest;

(ii)

the balance of equities favors the plaintiff;

(iii)

the plaintiff has suffered or will suffer irreparable injury; and

(iv)

no adequate remedy is available at law.

(C) Public interest determination

(i) In general

In determining under subparagraphs (A) and (B) whether a preliminary or permanent injunction against, or other order with respect to, a covered agency action is in the public interest, the considerations of the court shall include—

(I)

the purpose for which an agency is undertaking the fireshed management project relating to such covered agency action;

(II)

the likelihood that the fireshed management project will achieve the stated purpose of the fireshed management project; and

(III)

the short- and long-term effects of proceeding with the covered agency action, as compared to delaying or limiting such covered agency action, including the potential for significant increases in wildfire risk or severity and significant threats to the health of the ecosystem.

(ii) Weight of public interest factor

In determining whether to issue any injunction or order under subparagraph (A) or (B), a court shall give significant, but not necessarily dispositive, weight to its consideration of whether such order is in the public interest.

(2) Remand

(A) In general

Notwithstanding any other provision of law, in the case of a claim arising under Federal law seeking judicial review of a covered agency action, if the court remands the matter to the agency, the court shall remand with instructions to carry out, during the 180-day period beginning on the date of such remand, such additional actions as may be necessary to redress any cognizable harm giving rise to such claim.

(B) Vacatur

(i) In general

In remanding a matter to an agency under subparagraph (A), the court shall remand with vacatur only if—

(I)

the seriousness of any deficiencies in the covered agency action weigh in favor of vacatur; and

(II)

the court determines that any disruptive consequences of vacatur, including the short- and long-term effects of vacating the covered agency action or any part of such covered agency action, do not outweigh the justification for vacatur.

(ii) Considerations

In making the determination described in clause (i)(II), the court shall consider whether vacatur would cause—

(I)

any significant increases in wildfire risk or severity, and

(II)

any significant threats to the health of the ecosystem.

(C) Effect of remand on agency

In the case of a covered agency action subject to remand without vacatur, or with partial vacatur, pursuant to this paragraph, the agency may—

(i)

continue to carry out such covered agency action, or such parts of the covered agency action as are not vacated, to the extent that doing so does not interfere with any additional actions required pursuant to subparagraph (A); and

(ii)

use any format, as appropriate, to correct an agency document (including a supplemental environmental document, memorandum, or errata sheet), provided that such format is appropriate to the nature of the deficiency.

(3) Preservation of authority

Nothing in this section alters, limits, or displaces the authority of a court to review a covered agency action under section 706(2) of title 5, United States Code.

(c) Limitations on claims

Notwithstanding any other provision of law, 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 150 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 covered agency document or application, unless a shorter period is specified in such Federal law; or

(2)

in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), if such agency document or application is otherwise published or noticed, such claim is filed not later than 150 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.

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.

Subtitle D Prescribed fire

Sec. 131. Prescribed fire eligible activities, policies, and practices

(a) Definition of prescribed fire

(1) In general

In this section, the term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state—

(A)

under specified environmental conditions that are intended to allow the fire—

(i)

to be confined to a predetermined area; and

(ii)

to produce the fireline intensity and rate of spread required to attain planned resource management objectives; and

(B)

in accordance with applicable law (including regulations).

(2) Exclusion

In this section, the term prescribed fire does not include a fire that is ignited for the primary purpose of pile burning.

(b) Eligible activities

(1) In general

The Secretary concerned may carry out eligible activities described in paragraph (2) for hazardous fuels management with respect to land under the jurisdiction of the Secretary concerned.

(2) Description of activities

The activities referred to in paragraph (1) are—

(A)

with respect to prescribed fires on Federal land, or on non-Federal land if the Secretary concerned determines that such activities would benefit resources on Federal land—

(i)

entering into procurement contracts or cooperative agreements for prescribed fire activities;

(ii)

issuing grants from an existing grant program to a State, Tribal government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the implementation of prescribed fires, including—

(I)

carrying out necessary environmental reviews;

(II)

carrying out any site preparation necessary for implementing prescribed fires; and

(III)

conducting any required pre-ignition cultural and environmental surveys; and

(iii)

conducting outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners;

(B)

implementing prescribed fires on non-Federal land, if the Secretary concerned determines that the prescribed fire would benefit Federal land, including—

(i)

carrying out necessary environmental reviews;

(ii)

carrying out any site preparation necessary for implementing prescribed fires; and

(iii)

conducting any required pre-ignition cultural and environmental surveys;

(C)

providing training for prescribed fire and basic smoke management practices to Federal employees and cooperators;

(D)

conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management; and

(E)

providing technical or financial assistance to a State, Tribal government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the purpose of providing training for prescribed fire or basic smoke management practices, consistent with any standards developed by the National Wildfire Coordinating Group or State-prescribed fire standards.

(3) Prioritization

(A) In general

Subject to subparagraph (B), the Secretary concerned shall coordinate with the other Secretary concerned, State and local government agencies, Indian Tribes, and applicable nongovernmental organizations to establish prioritization criteria for carrying out the activities described in paragraph (2).

(B) Requirement

In establishing criteria under subparagraph (A), the Secretary concerned shall give priority to a project that is—

(i)

implemented across a large contiguous area;

(ii)

cross-boundary in nature;

(iii)

located in an area that is—

(I)

within or adjacent to the wildland-urban interface and identified as a priority area in a statewide forest action plan, fireshed assessment, or community wildfire protection plan; or

(II)

identified as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe;

(iv)

on land that is at high or very high risk of experiencing a wildfire that would be difficult to suppress;

(v)

in an area that is designated as critical habitat and in need of ecological restoration or enhancement that can be achieved with the aid of prescribed fire; or

(vi)

supportive of potential operational delineations or strategic response zones.

(c) Policies and practices

The Secretary concerned, in coordination with State, local, and Tribal governments, shall develop a prescribed fire operational strategy for each region of the National Forest System or the Department of the Interior, as applicable, that describes—

(1)

the fire deficit, by region; and

(2)

staffing and funding needs to address the fire deficit described in paragraph (1).

Sec. 132. Human resources

(a) Competencies for firefighters

The Secretaries, in coordination with the Fire Executive Council, shall task the National Wildfire Coordinating Group with the duty to adjust training requirements to obtain a certification to serve in a supervisory role for a prescribed fire and any other positions determined to be necessary by the Secretaries—

(1)

in order to reduce the time required to obtain such a certification; and

(2)

such that significant experience, gained exclusively during a prescribed fire, is required to obtain such a certification.

(b) Enhancing interoperability between Federal and non-Federal practitioners

(1) Qualification databases and dispatch systems

The Secretaries shall establish, to the extent practicable, a collaborative process to create mechanisms for non-Federal fire practitioners to be included in prescribed fire and wildfire resource ordering and reimbursement processes.

(2) Partnership agreements

The Secretaries may—

(A)

develop partnership agreements for prescribed fire with all relevant State, Federal, Tribal, university, and nongovernmental entities that choose to be included in resource ordering and reimbursement processes under paragraph (1);

(B)

create agreements and structures necessary to include non-Federal and other nontraditional partners in direct work with Federal agencies to address prescribed fires; and

(C)

treat any prescribed fire practitioner meeting the National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.

Sec. 133. Liability of prescribed fire managers

(a) Training course

The Secretaries, in coordination with the Attorney General of the United States, shall develop a voluntary training course for employees involved in any activity carried out on Federal land that is directly related to a prescribed fire in the course of executing a Federal action.

(b) Requirement

The training course developed under subsection (a) shall include a description of—

(1)

liability protections afforded to the employees described in that subsection when acting within the scope of their employment;

(2)

the limits on any liability protections under paragraph (1); and

(3)

any reimbursement available for qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (5 U.S.C. prec. 5941 note).

Sec. 134. Environmental review

(a) Smoke management agencies

(1) Policy

The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection—

(A)

to facilitate greater use of prescribed fire in a safe and responsible manner, with appropriate monitoring to prevent prescribed fires from exceeding containment; and

(B)

to address public health and safety, including impacts from smoke from wildfires and prescribed fires.

(2) Coordination among Federal, Tribal, and State air quality agencies and Federal, Tribal, and State land management agencies

To facilitate the use of prescribed fire on Federal, State, Tribal, and private land, the Executive Director, in cooperation with the Environmental Protection Agency, Federal and State land management agencies, shall coordinate with State, Tribal, and local air quality agencies that regulate smoke under the Clean Air Act (42 U.S.C. 7401 et seq.)—

(A)

to the maximum extent practicable, to provide State, Tribal, and local air quality agencies with guidance, data, imagery, or modeling to support the development of exceptional event demonstrations in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations);

(B)

to develop archives and automated tools to provide State, Tribal, and local air quality agencies with the data, imagery, and modeling under subparagraph (A);

(C)

to provide technical assistance, best practices, or templates to States, Indian Tribes, and local governments for the use of the State, Indian Tribe, or local government in approving the use of prescribed fire under a State, Tribal, or local government smoke management program;

(D)

(i)

to promote basic smoke management practices and other best practices to protect the public from wildfire smoke;

(ii)

to disseminate information about basic smoke management practices;

(iii)

to educate landowners that use prescribed fire about the importance of—

(I)

using basic smoke management practices; and

(II)

including basic smoke management practices as a component of a prescribed fire plan; and

(iv)

to share with the public information, in coordination with other public health agencies, about measures that individuals can take to protect themselves from wildfire smoke; and

(E)

to develop guidance and tools to streamline the demonstration of a clear causal relationship between prescribed fire smoke and a related exceedance of a national ambient air quality standard.

(3) Programs and research

To address the public health and safety risk of the expanded use of prescribed fire under this subtitle, the Secretaries, in coordination with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and Prevention, shall conduct research to improve or develop—

(A)

wildfire smoke prediction models;

(B)

smoke impact display tools for the public and decisionmakers;

(C)

appropriate, cost-effective, and consistent strategies to mitigate the impacts of smoke from prescribed fire on nearby communities;

(D)

consistent nationally and scientifically supported messages regarding personal protection equipment for the public; and

(E)

prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability.

(b) Development of landscape-Scale Federal prescribed fire plans

(1) Inclusion of landscape-scale prescribed fire plans

The Secretary concerned, with respect to units of the National Forest System and Bureau of Land Management districts with existing prescribed fire programs—

(A)

not later than 1 year after the date of enactment of this Act, shall determine which of those units or districts have landscape-scale prescribed fire plans;

(B)

not later than 2 years after the date of enactment of this Act, shall—

(i)

determine whether each plan described in subparagraph (A) requires revision; and

(ii)

establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and

(C)

may develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale prescribed fire plans, as determined appropriate by the Secretary concerned.

(2) Environmental compliance

In carrying out paragraph (1), the Secretary concerned shall—

(A)

comply with—

(i)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(iii)

division A of subtitle III of title 54, United States Code; and

(iv)

any other applicable laws; and

(B)

consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection.

(3) Collaborative development

In carrying out paragraph (1), the Secretary concerned shall collaborate with diverse actors from academia, the Forest Service and Bureau of Land Management research and development offices, nongovernmental organizations, cultural fire practitioners, and other entities, as determined appropriate by the Secretary concerned.

(4) Reports

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall submit to Congress a report describing the progress of the Secretary concerned in carrying out this subsection.

Sec. 135. Cooperative agreements and contracts for prescribed fire

(a) Agreements and contracts

(1) Definition of eligible entity

In this subsection, the term eligible entity means a State, an Indian Tribe, a unit of local government, a fire district, a nongovernmental organization, and a private entity.

(2) Authorization

The Secretary and the Secretary of the Interior may each enter into a cooperative agreement or contract with an eligible entity, for a period of not longer than 10 years, that authorizes the eligible entity—

(A)

to coordinate, plan, or conduct a prescribed fire on Federal land; or

(B)

to conduct a prescribed fire training event.

(3) Subcontracts

A State, Indian Tribe, county, or eligible entity that enters into a cooperative agreement or contract under paragraph (1) may enter into a subcontract, in accordance with applicable contracting procedures of the State, Indian Tribe, county, or eligible entity—

(A)

to conduct a prescribed fire on Federal land; or

(B)

to conduct a prescribed fire training event pursuant to that cooperative agreement or contract.

(4) Applicable law

A prescribed fire conducted pursuant to this subsection shall be carried out on a project-by-project basis under existing authorities of the applicable Federal agency responsible for the management of the applicable Federal land.

(5) Preservation of decision authority

An eligible entity may not carry out a project under this subsection pursuant to a cooperative agreement or contract without the prior written approval of each Secretary that entered into the cooperative agreement or contract.

(b) Tribal Forest Protection Act of 2004 amendments

The Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868) is amended by adding at the end the following:

4. Tribal prescribed burn demonstration project
(a) In general
The Secretary may enter into a contract or agreement with an Indian Tribe under this Act that provides for prescribed burns on Federal land pursuant to this section.
(b) Scope
Notwithstanding any other provision of law, a contract or agreement entered into under this section may—
(1)
use a burn plan that, on approval by the Secretary, allows multiple prescribed burns to be conducted in accordance with the burn plan to eliminate the need for individual burn plans for each prescribed burn and enable forest managers to have the flexibility to conduct prescribed burns when conditions allow; and
(2)
include terms that—
(A)
authorize the Secretary to delegate their authority to an Indian Tribe to plan, coordinate, and execute prescribed burns on the behalf of the Secretary within the scope of the burn plan including applying the National Wildfire Coordinating Group standards for prescribed fire planning and implementation, to the extent authorized by Federal law;
(B)
any applicable Federal standard that requires a certain number of personnel to be on-hand during prescribed burns may be satisfied by regional Federal, State, or Tribal resources and personnel; and
(C)
where appropriate, the Secretary shall work with other Federal agencies and Tribal, State, and local governments to coordinate and communicate the shared objectives of the prescribed burn and ensure activities comply with applicable law and regulations.

(c) Cooperative Funds and Deposits Act amendments

Public Law 94–148 (commonly known as the Cooperative Funds and Deposits Act) is amended—

(1)

in the first sentence of the first section (16 U.S.C. 565a–1), by inserting prescribed fire and prescribed fire training events, after including fire protection,; and

(2)

in section 2 (16 U.S.C. 565a–2), by inserting , section 4 of the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868) or section 135(a) of the Fix Our Forests Act after authorized by section 1.

Sec. 136. Facilitating responsible use of prescribed fire

The Secretary, acting through the Chief of the Forest Service, shall—

(1)

use all available resources to ensure prescribed burns conducted by the Forest Service are extinguished; and

(2)

update the prescribed burn policies of the Forest Service to reflect the findings and recommendations included in the report of the Forest Service entitled National Prescribed Fire Program Review and dated September 2022.

Title II Protecting communities in wildland-urban interface

Subtitle A Community wildfire risk reduction

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 (referred to in this section as the Program), which shall consist of at least 1 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 is to support interagency coordination in reducing the risk of, and the damages resulting from, wildland fires in communities (including Tribal communities) in the wildland-urban interface through—

(1)

advancing research and science in wildland fire resilience, land management, and risk reduction in the built environment, including support for non-Federal research partnerships;

(2)

supporting the development of fire-resistant building methods, codes, and standards for community wildland fire risk reduction, including by promoting ignition-resistant construction, defensible space, and other measures demonstrated to effectively reduce wildland fire risks, as informed by the best available science;

(3)

supporting adoption by Indian Tribes and local governmental entities of fire-resistant building methods, codes, and standards;

(4)

supporting efforts by Indian Tribes and local governmental entities to address the effects of wildland fire on those communities, including property damages, air quality, and water quality;

(5)

encouraging public-private partnerships to conduct hazardous fuels management activities in the wildland-urban interface, including creating or improving defensible space around structures;

(6)

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 uniform grant application established under subsection (c)—

(A)

to encourage critical risk-reduction measures on private property with high wildland fire risk exposure in those communities; and

(B)

to mitigate costs for, and improve capacity among, those communities;

(7)

reducing risk in the built environment by encouraging increased mitigation measures, such as the use of ignition-resistant construction and retrofitting materials;

(8)

coordinating budgets among the agencies described in subsection (a) to identify gaps and reduce overlap;

(9)

supporting the integration of wildland fire risk reduction measure and technical assistance into existing Federal programs, where practicable; and

(10)

advancing the development of early wildfire detection and warning systems for rapid response and community alerts.

(c) Portal and uniform grant application

(1) In general

As part of the Program, 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. 762).

(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 section 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 forms of assistance 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) Duties

In carrying out this section, the representatives described in subsection (a) shall—

(1)

meet not less frequently than once per year;

(2)

ensure coordination, as appropriate, with other Federal agencies not identified in that subsection; and

(3)

(e) Coordination

The Secretaries shall seek to ensure that States and Indian Tribes are invited and represented in meetings and other activities under this section.

(f) Report

Not later than 2 years after the date of enactment of this Act, the Secretaries shall jointly submit to the relevant committees of Congress a report that—

(1)

describes and itemizes the total amount of funding relating to community wildfire risk reduction that was obligated during the 2 preceding fiscal years by the agencies described in subsection (a);

(2)

describes the activities carried out under the Program since the date of enactment of this Act;

(3)

describes any feedback incorporated from non-Federal stakeholders to improve the function and operation of the Program; and

(4)

includes an evaluation of the Program in achieving the purposes described in subsection (b).

(g) Sunset

The Program terminates 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, acting jointly, shall expand the Joint Fire Science Program to include a performance-driven research and development program, to be known as the Community Wildfire Defense Research Program (referred to in this section as the Program), for the purpose of testing and advancing innovative designs to establish or improve the wildfire resistance of structures and communities.

(b) Program priorities

In carrying out the Program, the Secretaries shall evaluate opportunities to establish 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, the Secretaries shall carry out a competition through which a person may submit to the Secretaries innovative designs for the establishment or improvement of an ignition-resistant structure or fire-adapted community.

(2) Prize

Subject to the availability of appropriations made in advance for that 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 greatest potential to scale to existing infrastructure.

(d) Collaboration and nonduplication

In carrying out the Program, the Secretaries shall ensure collaboration and nonduplication of activities with the Building Technologies Office of the Department of Energy.

(e) Sunset

The Program terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 203. Community wildfire defense accountability

Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Secretaries, acting through the United States Fire Administration, shall submit to the relevant committees of Congress an assessment of the Community Wildfire Risk Reduction Program established under section 201(a) that—

(1)

assesses the management, coordination, implementation, and effectiveness of program activities;

(2)

suggests improvements for improving the coordination and engagement of the program with States, Indian Tribes, units of local government, and at-risk communities;

(3)

assesses trends and developments in science and engineering relating to wildfire risk reduction in the built environment, land use planning, and vegetation management that could be used to improve the effectiveness or efficiency of the program;

(4)

provides recommendations to improve the ability of the program to provide financial or technical assistance to States, Indian Tribes, units of local government, and at-risk communities;

(5)

identifies opportunities to modify existing requirements for Federal assistance or programs that support community wildfire risk reduction to improve the delivery, effectiveness, or availability of those assistance or programs; and

(6)

includes policy and program recommendations to improve that program, as determined by the United States Fire Administration.

Sec. 204. Community wildfire defense grant program improvements

Section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)) is amended—

(1)

by striking paragraph (1)(B), and inserting the following:

(B)
to carry out projects including—
(i)
landscape and hazardous fuels reduction treatments;
(ii)
the retrofit, modification, or maintenance of a structure to improve resistance to fire;
(iii)
creating defensible space around structures to improve resistance to fire;
(iv)
hardening infrastructure, including evacuation routes, to improve resistance to fire;
(v)
any other project described in a community wildfire protection plan that is not more than 10 years old; and
(vi)
deployment of wildfire technologies determined to be successful under section 303 of the Fix Our Forests Act.;

(2)

in paragraph (2)—

(A)

in subparagraph (B), by striking or at the end;

(B)

in subparagraph (C), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(D)
located in a fireshed management area (as defined in section 2 of the Fix Our Forests Act).; and

(3)

in paragraph (3)—

(A)

in subparagraph (C)(i), by striking continental; and

(B)

by adding at the end the following:

(D) Limitation on administrative expenses
Not more than 7 percent of funds obligated under this section may be used for administrative expenses incurred by the Secretary of Agriculture or an at-risk community.

Sec. 205. Updated definition of at-risk community

Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended by striking paragraph (1) and inserting the following:

(1) At-risk community
The term at-risk community means an area that is composed of—
(A)
an interface community (as defined in the notice entitled Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire (66 Fed. Reg. 753 (January 4, 2001)) issued by the Secretary of Agriculture and the Secretary of the Interior in accordance with title IV of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 1009));
(B)
a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) at risk from wildfire, as recognized in a fireshed, State, Tribal, local, regional, territorial, or national wildfire risk assessment; or
(C)
a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) located inside, or within 5 miles of, a Wildfire Crisis Strategy landscape, as determined by the Secretary of Agriculture.

Subtitle B Vegetation management, reforestation, and local fire suppression

Sec. 211. 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) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)) is amended—

(1)

in the matter preceding clause (i), by striking likely to— and inserting likely—;

(2)

in clause (i), by inserting to after the clause designation; and

(3)

in clause (ii), by striking come within 10 and inserting to come within 150.

(b) Consultation with private landowners

Section 512(c)(3)(E) of the Federal Land Policy and Management Act of 1976 (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) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is amended by striking clause (iv) and inserting the following:

(iv)
ensures that—
(I)
a plan submitted without a modification under clause (iii) shall be automatically approved by the date that is 120 days after the date of submission; and
(II)
for a plan submitted with a modification under clause (iii), if the plan is not approved by the date that is 120 days after the date of submission, the Secretary concerned shall develop and submit to the owner and operator a letter describing—
(aa)
a detailed timeline (to conclude by the date that is 165 days after the date of submission of the plan) for completing review of the plan;
(bb)
any identified deficiencies in the plan and specific opportunities for the owner or operator to address each deficiency; and
(cc)
any other relevant information, as determined by the Secretary concerned.

(d) Technical corrections

Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended—

(1)

in the section heading, by striking managment and inserting management; and

(2)

in subsection (c)(4)(A)(ii), by striking and at the end.

(e) Vegetation management plan review

Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to the relevant committees of Congress a report describing, with respect to vegetation management plans submitted under section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772)—

(1)

the extent to which those vegetation management plans under are reviewed and approved within the 120-day period required under subsection (c)(4)(A)(iv) of that section;

(2)

for any vegetation management plan not reviewed and approved by the applicable deadline described in paragraph (1), the reason for any delay in review or approval; and

(3)

for any vegetation management plan submitted for review and approval for which the Secretary concerned requested a modification, the timeline for reviewing the modification on resubmission.

Sec. 212. Fire-safe electrical corridors

Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended—

(1)

by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

(2)

by inserting after subsection (i) the following:

(j) Permits and agreements with owners and operators of electric transmission or distribution facilities
(1) In general
In any special use permit or easement on National Forest System land or land under the jurisdiction of the Bureau of Land Management provided to the owner or operator of an electric transmission or distribution facility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within the vicinity of the electric transmission or distribution facility without requiring a separate timber sale, if that cutting and removal is consistent with—
(A)
the applicable plan;
(B)
the applicable land and resource management plan or land use plan; and
(C)
other applicable environmental laws (including regulations).
(2) Use of proceeds
A special use permit or easement that includes permission for cutting and removal described in paragraph (1) shall include a requirement that, if the owner or operator of the electric transmission or distribution facility sells any portion of the material removed under the permit or easement, the owner or operator shall provide to the Secretary concerned any proceeds received from the sale, less any transportation costs incurred in the sale.
(3) Effect
Nothing in paragraph (2) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in paragraph (1).

Sec. 213. Categorical exclusion for high-priority hazard trees

(a) Definitions

In this section:

(1) High-priority hazard tree

The term high-priority hazard tree means a standing tree that—

(A)

presents a visible hazard to people or Federal property due to conditions such as deterioration of, or damage to, the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary;

(B)

is determined by the Secretary to be highly likely to fail and, on failure, would be highly likely to cause injury to people or damage to Federal property; and

(C)

is located—

(i)

within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5;

(ii)

along a National Forest System trail; or

(iii)

in a developed recreation site on National Forest System land that is operated and maintained by the Secretary.

(2) High-priority hazard tree activity

(A) In general

The term high-priority hazard tree activity means a forest management activity that mitigates the risks associated with high-priority hazard trees, including pruning, felling, and disposal of a high-priority hazard tree.

(B) Exclusions

The term high-priority hazard tree activity does not include any activity—

(i)

conducted in a wilderness area or wilderness study area;

(ii)

for the construction of a permanent road or permanent trail;

(iii)

conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

(iv)

conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or

(v)

conducted in an inventoried roadless area.

(b) Categorical exclusion

(1) In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for high-priority hazard tree activities.

(2) Administration

In developing and administering the categorical exclusion under paragraph (1), the Secretary shall—

(A)

comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)

apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion.

(3) Project size limitation

A project carried out using the categorical exclusion developed under paragraph (1) may not exceed 6,000 acres.

Sec. 214. Seeds of Success strategy

(a) Establishment

Not later than 1 year after the date of enactment of this Act, the Secretaries 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 developed 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 relating to native or fire-resistant vegetation and sharing that information with Indian Tribes and State 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 those plants to their respective, native habitats within the United States, giving priority to the building of those programs and partnerships in regions of the Bureau of Land Management where the partnerships and programs do not exist on the date of enactment of this Act.

(5)

Expanding workforce and infrastructure capacity to locally collect, process, and store seed as necessary to implement revegetation and reforestation projects on priority land (as defined in section 215(b)(1)).

(6)

Expanding the warehouse system of the Bureau of Land Management, particularly the cold storage capacity of the system.

(7)

Shortening the timeline for the approval of permits to collect seeds on public land managed by the Bureau of Land Management.

(8)

Coordinating with the other Federal agencies, States, Indian Tribes, and private entities, as appropriate, for the purpose of seed collection.

(c) Report

The Secretaries shall submit to the relevant committees of Congress the strategy developed under subsection (a).

(d) Coordination

In implementing the strategy developed under subsection (a), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall coordinate with the heads of other applicable Federal agencies, including the Department of Defense, for the purpose of collecting seeds from land under the jurisdiction under those Federal agencies.

Sec. 215. Program to support priority reforestation and restoration projects

(a) Reforestation reports submitted to additional committees

Section 70303 of the Infrastructure Investment and Jobs Act (16 U.S.C. 1601 note; Public Law 117–58) is amended, in the matter preceding paragraph (1), by striking inserting , the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, after Senate.

(b) Interior reforestation program

(1) Definitions

In this subsection:

(A) Covered institution of higher education

The term covered institution of higher education means a land-grant college or university, including—

(i)

an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

(ii)

an 1890 Institution (as defined in that section);

(iii)

an institution that is eligible to receive funding under Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962); and

(iv)

a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

(B) Natural regeneration; reforestation; unplanned event

The terms natural regeneration, reforestation, and unplanned event have the meanings given those terms in section 3(e)(4)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(A)).

(C) Priority land

The term priority land means historically forested land under the jurisdiction of the Secretary concerned that, due to an unplanned event—

(i)

requires reforestation to meet the objectives described in an applicable land use plan; and

(ii)

is unlikely to experience natural regeneration.

(2) Program establishment

Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall establish a program to implement reforestation projects on priority land identified under paragraph (4)(A), in accordance with this section.

(3) Support

In carrying out the program established under paragraph (2), the Secretary may enter into—

(A)

cooperative agreements in accordance with processes established by the Secretary; and

(B)

contracts, including contracts entered into pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).

(4) 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 shall—

(A)

identify priority land within the United States;

(B)

establish a list of reforestation projects on priority land 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; and

(C)

estimate the costs necessary to implement the list established under subparagraph (B).

(5) Consultation

In carrying out the program under this subsection, the Secretary shall consult or coordinate with, as appropriate—

(A)

applicable State and local governments;

(B)

applicable Indian Tribes;

(C)

covered institutions of higher education;

(D)

Federal agencies that administer Federal land that adjoins, or is adjacent to, land that is the subject of a project identified under paragraph (4)(B); and

(E)

other stakeholders, at the discretion of the Secretary.

(6) Annual report

Not later than 1 year after the date of enactment of this Act, and annually thereafter for each of the following 6 years, the Secretary of the Interior shall submit to the relevant committees of Congress, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes the following, with respect to the period covered by the report:

(A)

An accounting of all priority land.

(B)

A list of projects identified under paragraph (4)(B).

(C)

An accounting of any progress made on projects identified in any previous report under this paragraph.

(D)

An accounting of each contract and cooperative agreement established under the program under this subsection.

(E)

The amounts necessary to be appropriated, in addition to amounts available from other sources, to implement reforestation projects on all priority land by not later than 10 years after the date of submission of the report.

(7) 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 214.

Sec. 216. Reforestation, nurseries, and genetic resources support

(a) Definitions

In this section:

(1) Eligible recipient

The term eligible recipient means—

(A)

a State forestry agency;

(B)

an Indian Tribe; and

(C)

a private nursery that has experience, as determined by the Secretary, in growing high-quality native trees of appropriate genetic sources in bareroot or container stocktypes specific for reforestation, restoration, or conservation, including native plants and seeds that are of cultural significance to Indian Tribes.

(2) Nursery

The term nursery means a tree or native plant nursery.

(3) Seed orchard

The term seed orchard means a tree or native plant seed orchard.

(4) State

The term State means—

(A)

each of the several States;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any territory or possession of the United States.

(b) Partnerships, collaboration, and other assistance in support of nurseries and seed orchards

The Secretary, acting through the Chief of the Forest Service, shall—

(1)

partner with Federal and State agencies, Indian Tribes, institutions of higher education, and private nurseries to provide training, technical assistance, and research to nursery and tree establishment programs that support natural regeneration, reforestation, agroforestry, and afforestation;

(2)

promote information-sharing to improve technical knowledge and practices and understand demands, climate change impacts, and other issues as necessary to address all facets of the reforestation supply chain;

(3)

provide technical and financial assistance to international nursery and tree establishment programs through the Forest Service International Programs, the Institute of Pacific Islands Forestry, and the International Institute of Tropical Forestry;

(4)

collaborate with other relevant Federal departments and agencies, including the Foreign Agricultural Service, the United States Agency for International Development, and the United States Fish and Wildlife Service, and international organizations, including the Food and Agriculture Organization of the United Nations, to provide technical and financial assistance relating to nurseries and reforestation;

(5)

coordinate the efforts of the Department of Agriculture—

(A)

to address the challenges associated with the reforestation supply chain; and

(B)

to leverage economic development assistance for work with private nurseries; and

(6)

expand reforestation supply chains through science and research, seed collection and storage, and nursery infrastructure and operations.

(c) Nursery and seed orchard grants

(1) In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall establish or expand an existing program to provide grants to eligible recipients to support nurseries and seed orchards.

(2) Eligible projects

An eligible recipient that receives a grant under paragraph (1) shall carry out a project that comprises 1 or more of the following activities:

(A)

The development, expansion, enhancement, or improvement of nursery production capacity or other infrastructure—

(i)

to improve seed collection and storage;

(ii)

to increase seedling production, storage, and distribution; or

(iii)

to enhance seedling survival and properly manage tree genetic resources.

(B)

The establishment or expansion of a nursery or seed orchard, including by acquiring equipment for a nursery or seed orchard.

(C)

The development or implementation of quality control measures at nurseries or seed orchards.

(D)

The promotion of workforce development within any facet of the reforestation pipeline.

(E)

Such other activities as the Secretary determines to be appropriate.

Sec. 217. Fire department repayment

(a) Establishment of standard operating procedures

Not later than 1 year after the date of enactment of this Act, the Secretaries shall—

(1)

establish standard operating procedures relating to payment timelines for fire suppression cost-share agreements established under section 2 of 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 that date—

(A)

review the agreement; and

(B)

modify the agreement as necessary to comply with the standard operating procedures established under paragraph (1).

(b) Alignment of agreements

The standard operating procedures under subsection (a)(1) shall include a requirement that each fire suppression cost-share agreement shall be aligned with each cooperative fire protection agreement applicable to the entity subject to the fire suppression cost-share agreement.

(c) Payments

With respect to payments made pursuant to a fire suppression cost-share agreement, the standard operating procedures under subsection (a)(1) shall require that the Federal paying entity shall reimburse a local fire department or a State wildland firefighter agency if that entity submits to the Federal paying entity an invoice in accordance with applicable 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 and State wildland firefighting agencies as soon as practicable, but not later than 1 year, after the date on which the applicable 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) Definitions

In this section:

(1) Biochar

The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for a nonfuel use.

(2) Eligible entity

The term eligible entity means—

(A)

a unit of State, Tribal, or local government;

(B)

a special district;

(C)

an eligible institution;

(D)

a public, private, or cooperative entity or organization;

(E)

a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); and

(F)

a partnership or consortium of 2 or more entities described in subparagraphs (A) through (E).

(3) Eligible institution

The term eligible institution means a land-grant college or university, including—

(A)

an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

(B)

an 1890 Institution (as defined in that section);

(C)

an institution that is eligible to receive funding under Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962); and

(D)

a 1994 Institution (as defined in section 532 of the 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) Secretaries

The term 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.

(b) Demonstration projects

(1) Establishment

(A) In general

Subject to the availability of appropriations made in advance for that purpose, not later than 2 years after the date of enactment of this Act, the Secretaries shall establish a program under which the Secretaries shall 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

In carrying out the program established under subparagraph (A), the Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities in a manner that ensures that—

(i)

at least 1 demonstration project is carried out in each region of the Forest Service; and

(ii)

at least 1 demonstration project is carried out in each region of the Bureau of Land Management.

(2) Proposals

To be eligible to enter into a partnership under paragraph (1)(A), an eligible entity shall submit to the Secretaries a proposal at such time, in such manner, and containing such information as the Secretaries may require.

(3) Priority

In selecting proposals under paragraph (2), the 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 potential to improve forest health and resiliency;

(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 restorative benefits of biochar with respect to forest health and resiliency, including forest soils and watersheds; or

(iv)

any combination of the purposes described in clauses (i) through (iii);

(D)

are located in areas that have a high need for biochar production, as determined by the Secretaries, due to—

(i)

nearby land identified as having high, 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 the purposes described in subparagraphs (A) through (D).

(4) Use of funds

In carrying out the program established under paragraph (1)(A), the Secretaries may enter into partnerships and provide funding to the partnerships to carry out demonstration projects—

(A)

to acquire and test various feedstocks and the efficacy of those feedstocks;

(B)

to develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;

(C)

to demonstrate—

(i)

the production of biochar from forest residue; and

(ii)

the use of biochar to restore forest health and resiliency;

(D)

to build, expand, or establish biochar facilities;

(E)

to conduct research relating to new and innovative uses of biochar;

(F)

to demonstrate cost-effective market opportunities for biochar and biochar-based products;

(G)

to carry out any other activities the Secretaries determine to be appropriate; or

(H)

to achieve any combination of the purposes described in subparagraphs (A) through (G).

(5) Feedstock requirements

To the maximum extent practicable, an eligible entity that carries out a biochar demonstration project under this subsection shall derive not less than 50 percent of the feedstock used under the project from forest thinning and management activities, including mill residues, conducted on National Forest System land or public land.

(6) Review

(A) In general

The Secretaries shall conduct regionally specific research, including economic analyses and lifecycle assessments, relating to any biochar produced from a demonstration project carried out under the program established under paragraph (1)(A), including—

(i)

the effects of that 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; and

(V)

environmental remediation activities, including abandoned mine land remediation;

(ii)

the effectiveness of biochar as a coproduct 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 Secretaries, to the maximum extent practicable, shall provide data, analyses, and other relevant information collected under subparagraph (A) to recipients of grants under subsection (c).

(7) Limitation on funding for establishing biochar facilities

The amount provided by the Secretaries under this subsection to an eligible entity for establishing a biochar facility may not exceed 35 percent of the total capital cost of establishing that facility.

(c) 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 provide to eligible institutions grants, on a competitive basis, 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 of the Interior a proposal at such time, in such manner, and containing such information as the Secretary of the Interior 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 relating to—

(A)

the effect of biochar on forest health and resiliency, taking into account variations in biochar, soil, climate, and other factors;

(B)

the effect of biochar on soil health and water retention, taking into account variations in biochar, soil, climate, and other factors;

(C)

the long-term carbon sequestration potential of biochar;

(D)

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 those products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary of the Interior;

(E)

the regional uses of biochar to increase productivity and profitability, including—

(i)

uses in agriculture and environmental remediation; and

(ii)

use as a coproduct 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.

(d) Reports

(1) Report to Congress

Not later than 2 years after the date of enactment of this Act, the 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 advancing biochar commercialization, including permitting and siting considerations.

(2) Materials submitted in support of 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 (e), the 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—

(A)

each demonstration project carried out under subsection (b); and

(B)

each research and development grant provided under subsection (c).

(e) Sunset

The authority to carry out this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 302. Accurate hazardous fuels reduction reports

(a) Definitions

In this section:

(1) Federal land

The term Federal land means any land under the jurisdiction of—

(A)

the Secretary; or

(B)

the Secretary of the Interior.

(2) Hazardous fuels reduction activity

(A) In general

The term hazardous fuels reduction activity means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments, grazing, and prescribed burning.

(B) Exclusion

The term hazardous fuels reduction activity does not include the provision or execution of a contract to carry out an activity described in subparagraph (A).

(b) Materials submitted in support of President’s budget

(1) In general

Beginning with the first fiscal year that begins after the date of enactment of this Act, and annually 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 describing the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the preceding fiscal year, as determined using—

(A)

the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and

(B)

the methodology described in paragraph (2).

(2) Requirements

For purposes of a 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 that 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 that acre during the applicable period; and

(B)

with respect to the acres of Federal land recorded in the report, include information relating to—

(i)

which acres are located in the wildland-urban interface;

(ii)

the level of wildfire risk (high, moderate, or low) of the acres on the first and last day of the period covered by the report;

(iii)

the types of hazardous fuels reduction activities completed with respect to the acres, including a description of whether those hazardous fuels reduction activities were conducted—

(I)

in a wildfire managed for resource benefits; or

(II)

through a planned hazardous fuels reduction project;

(iv)

the cost per-acre of the hazardous fuels reduction 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 with respect to reducing the risk of wildfire.

(3) Transparency

The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture or the Department of the Interior, as applicable.

(c) 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 relating 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 those data accurately correlate 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 14 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—

(A)

the standardized procedures; and

(B)

any programmatic or policy recommendations to Congress to address limitations in tracking data relating to hazardous fuels reduction activities under this subsection.

(d) 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 regarding the implementation of this section, including any limitations with respect to—

(A)

reporting hazardous fuels reduction activities under subsection (b); or

(B)

tracking data relating to hazardous fuels reduction activities under subsection (c); and

(2)

submit to Congress a report that describes the results of the study under paragraph (1).

(e) No additional funds authorized

(1) In general

No additional funds are authorized to carry out this section.

(2) Subject to appropriations

The activities authorized by this section are subject to the availability of appropriations made in advance for those 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 defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801));

(B)

the Department of Defense;

(C)

the Bureau of Indian Affairs;

(D)

the National Oceanic and Atmospheric Administration;

(E)

the Federal Emergency Management Agency;

(F)

the National Aeronautics and Space Administration;

(G)

the United States Fire Administration;

(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; and

(C)

an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

(3) Pilot program

The term Pilot Program means the deployment and demonstration pilot program established under subsection (b).

(4) Secretaries

The term Secretaries means the Secretary and the Secretary of the Interior, acting jointly.

(b) Establishment

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 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 the covered agencies, identify and advance the demonstration and deployment of key technology priority areas with respect to the deployment of wildfire prevention, detection, communication, and mitigation technologies, including—

(A)

hazardous fuels reduction activities or treatments;

(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 wildfire mitigation activities and training.

(d) Applications

To be eligible 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 key technology priority areas identified under 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 that—

(1)

have participated in the Fire Weather Testbed of the National Oceanic and Atmospheric Administration; or

(2)

propose in the application under subsection (d) to develop and apply emerging technologies for wildfire mitigation, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, satellite detection, 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 the covered agencies, shall make publicly available the key technology priority areas identified under subsection (c)(2) and invite covered entities to apply under subsection (d) to deploy and demonstrate technologies to address those 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 Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the relevant committees of Congress a report that includes the following with respect to the Pilot Program:

(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 the each such technology and applying the technology at scale.

(4)

Outreach efforts by covered agencies to covered entities developing wildfire technologies.

(5)

Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in the wildfire prevention, detection, communication, and mitigation efforts of Federal land management agencies (as defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)).

(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 Pilot Program terminates 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 budget and accounting process of the Forest Service; and

(C)

the suitability and feasibility of establishing a new Federal agency with responsibility for responding to, and suppressing, wildfires on Federal land; and

(2)

submit to Congress a report that describes the results of the study under paragraph (1).

Sec. 305. Keeping forest plans current and monitored

(a) In general

The Secretary shall—

(1)

to the maximum extent practicable and subject to the availability of appropriations—

(A)

ensure that each forest plan for a unit of the National Forest System is in compliance with the applicable requirements 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)); and

(B)

prioritize revising any forest plan not in compliance with that section;

(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 enactment of this Act, submit to the relevant committees of Congress a notice describing the date on which each forest plan referred to in paragraph (1)(A) was most recently revised, amended, or modified;

(4)

seek to publish a new, complete version of any forest plan that the Secretary has been directed by court order to amend, revise, or modify by not later than 60 days after the date of the amendment, revision, or modification, subject to the availability of appropriations made in advance for that 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 the unit.

(b) Good faith updates

If the Secretary fails to act expeditiously and in good faith using available funding to revise, amend, or modify a plan for a unit of the National Forest System as required by an applicable law or court order—

(1)

subsection (a) shall be void with respect to the plan; and

(2)

a court of competent jurisdiction may order completion of the plan on an accelerated basis.

(c) Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report summarizing the implementation of this section.

(d) Sunset

The authority under this section terminates on September 30, 2031.

Sec. 306. Container Aerial Firefighting System

(a) Evaluation

Not later than 90 days after the date of 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 that system to mitigate and suppress wildfires.

(b) Report

Not later than 120 days after the date of 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 committees of Congress a report that describes the results of the evaluation under subsection (a).

Sec. 307. Study on pine beetle infestation

Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Chief of the Forest Service, shall—

(1)

carry out a study relating to 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 committees of Congress a report that describes the results of the study under paragraph (1).

Subtitle B White oak resilience

Sec. 311. White Oak Restoration Initiative Coalition

(a) In general

There is established a coalition, to be known as the White Oak Restoration Initiative Coalition (referred to in this section as the Coalition)—

(1)

as a voluntary collaborative group of Federal, State, Tribal, and local governments and private and nongovernmental organizations the purpose of which is to carry out the duties described in subsection (b); and

(2)

in accordance with the charter entitled 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 referred to in subsection (a)(2), the duties of the Coalition are—

(1)

to coordinate Federal, State, Tribal, local, private, and nongovernmental activities for the restoration of white oak trees 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 trees;

(B)

adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and the resiliency of white oak trees;

(C)

options to enhance communication, coordination, and collaboration among forest land owners, particularly with respect to cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak trees;

(D)

research gaps that should be addressed to improve the best available science on white oaks;

(E)

outreach to forest landowners the land of which possesses white oak trees or white oak regeneration potential, as determined by the Coalition; and

(F)

options and policies necessary to improve the quality and quantity of white oak trees in tree nurseries.

(c) Administrative, staffing, and technical support

The Secretary and the Secretary of the Interior shall make available to the Coalition such personnel for administrative support, technical services, and the development and dissemination of educational materials as those Secretaries determine to be necessary to carry out this section.

(d) Private funding

Subject to the availability of appropriations made in advance for that purpose, the Secretary may make funds available to the 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 units of the National Forest System to restore white oak trees in those units through white oak restoration and natural regeneration practices that are consistent with applicable forest management plans.

(b) Requirement

Of the pilot projects carried out under subsection (a), not fewer than 3 shall be carried out on units of the National Forest System that are reserved or withdrawn from the public domain.

(c) Cooperative agreements

The Secretary may enter into cooperative agreements to carry out the pilot projects under this section.

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of 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 trees are present on the land; and

(B)

the potential to restore white oak forests on the land.

(2) Use of information

In carrying out the assessment under paragraph (1), the Secretary of the Interior may use information from sources other than the Department of the Interior, including the White Oak Initiative and the Forest Service.

(3) Report

Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress, and make publicly available on the website of the Department of the Interior, a report describing the results of the assessment carried out under this subsection.

(b) Pilot projects

After the date of submission of the report under subsection (a)(3), the Secretary of the Interior 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 trees.

(c) Cooperative agreements

The Secretary of the Interior may enter into cooperative agreements to carry out the pilot projects under subsection (b).

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 314. White oak regeneration and upland oak habitat

(a) Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the White Oak and Upland Oak Habitat Regeneration Program (referred to in this section as the Program).

(b) Purposes

The purposes of the Program shall 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.

(c) Consultation

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) Duties

In carrying out the Program, the Secretary shall—

(1)

draw on 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 trees in the United States;

(2)

collaborate and coordinate with the White Oak Restoration Initiative Coalition established by section 311(a) 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 voluntary grant and technical assistance programs in accordance with subsection (e).

(e) Grants and assistance

(1) Definitions

In this subsection:

(A) Foundation

The term Foundation means the National Fish and Wildlife Foundation.

(B) Grant program

The term grant program means the voluntary grant and technical assistance program established under paragraph (2).

(2) Establishment

To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program to achieve the purposes of the Program described in subsection (b).

(3) Administration

(A) In general

The Secretary shall offer to enter into a cooperative agreement with the Foundation to manage and administer the grant program.

(B) Funding

Subject to the availability of appropriations made in advance for that purpose, on entering into a cooperative agreement with the Foundation under subparagraph (A), the Secretary shall pay to the Foundation to carry out this subsection for each fiscal year an advance payment of the entire amount for the applicable fiscal year—

(i)

on October 1 of that fiscal year; or

(ii)

as soon as practicable thereafter.

(4) 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 terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 315. Tree nursery shortages

(a) In general

Not later than 1 year after the date of enactment of this Act, 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 the strategy under paragraph (1) 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 those 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) Definition of eligible institution

In this section, the term eligible institution means an institution of higher education, including an 1862 Institution, an 1890 Institution, and a 1994 Institution (as those terms are defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)).

(b) Research

The Secretary may enter into a memorandum of understanding with an Indian Tribe or an eligible institution to collaboratively conduct research relating to—

(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 seed 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 trees 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.

(c) Consultation

In carrying out research under subsection (b), an Indian Tribe or eligible institution may consult with such States, nonprofit organizations, and other institutions of higher education and scientific entities as the Indian Tribe or eligible institution determines to be appropriate.

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

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 trees—

(1)

to reestablish white oak forests where appropriate;

(2)

to improve the management of existing white oak forests to foster natural regeneration of white oak trees;

(3)

to provide technical assistance to private landowners to reestablish, improve the management of, and naturally regenerate white oak trees;

(4)

to improve and expand white oak nursery stock; and

(5)

to adapt and improve white oak seedlings.

(b) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 318. Use of authorities

To the maximum extent practicable, the Secretary and the Secretary of the Interior 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. 2113a) (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. 6591c) (as amended by this Act).

Title IV Ensuring casualty assistance for firefighters

Sec. 401. Wildland Fire Management Casualty Assistance Program

(a) Definitions

In this section:

(1) Next-of-kin

The term next-of-kin, with respect to an individual, means a person in the highest category of priority in relation to that individual, as determined in accordance with the following (in descending order of priority):

(A)

A legal spouse of the individual.

(B)

A child (whether by current or prior marriage) aged 18 years or older of the individual, in descending order of precedence by age.

(C)

The father or mother of the individual, unless custody has been vested by court order in another individual, with an adoptive parent taking precedence over a natural parent.

(D)

A sibling (whether whole or half) aged 18 years or older of the individual, in descending order of precedence by age.

(E)

A grandfather or grandmother of the individual.

(F)

Any other relative of the individual, with the order of precedence to be determined in accordance with the civil laws of descent of the State of domicile of the individual at time of death.

(2) Program

The term program means the Wildland Fire Management Casualty Assistance Program established under subsection (b).

(b) Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall establish a program, to be known as the Wildland Fire Management Casualty Assistance Program, to provide assistance to the next-of-kin of—

(1)

firefighters who, while in the line of duty—

(A)

are killed;

(B)

are critically injured; or

(C)

suffer illness as a result of an exposure or incident occurring during that line of duty; and

(2)

wildland fire support personnel who are killed or critically injured in the line of duty.

(c) Elements

The program shall address each of the following:

(1)

The initial, and any subsequent, notification 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 of the reassignment of those officers to other duties.

(5)

Centralized short-term and long-term case management procedures for casualty assistance, including rapid access to expert case managers and counselors by—

(A)

survivors of firefighters or wildland fire support personnel; and

(B)

casualty assistance officers.

(6)

The provision, through a computer-accessible website and other means and at no cost to survivors or next-of-kin of firefighters or wildland fire support personnel, of personalized, integrated information relating to Federal benefits and Federal financial assistance available to those survivors and next-of-kin.

(7)

The provision to survivors and next-of-kin of firefighters or wildland fire support personnel of information relating to mechanisms for registering complaints about, or requests for, additional assistance related to casualty assistance.

(8)

Liaison with the Department of Agriculture, 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 and next-of-kin of firefighters or wildland fire support personnel.

(d) No effect on other line-of-Duty death benefits

The program shall not affect any existing authority for line-of-duty death benefits for Federal firefighters or wildland fire support personnel.

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) End water user

The term end water user has the meaning given the term in section 303(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(a)).

(2) Executive Director

The term Executive Director means the Executive Director of the Wildland Fire Intelligence Center appointed under section 102(g).

(3) Fireshed

(4) Fireshed management area

The term fireshed management area means a fireshed management area designated under section 101(a).

(5) Fireshed management project

The term fireshed management project means any of the following forest or vegetation management activities:

(A)

A hazardous fuels management activity.

(B)

Creating a fuel break or fire break.

(C)

Removing hazard trees, dead trees, or dying trees, as determined by a certified or licensed arborist or forester under the supervision of the Secretary concerned.

(D)

Developing, approving, or conducting routine maintenance under—

(i)

a vegetation management, facility inspection, and operation and maintenance plan under subsection (c) of section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772); or

(ii)

an agreement under subsection (d)(1) of that section (43 U.S.C. 1772).

(E)

Removing trees to address overstocking or crowding in a forest stand, consistent with achieving the appropriate basal area of the forest stand, as determined by a responsible official.

(F)

Using treatments to address insects or disease or to control vegetation competition or invasive species.

(G)

A wet-meadow, floodplain, or riparian restoration activity that increases wildfire resistance.

(H)

A forest stand improvement activity necessary to protect life and property from catastrophic wildfire, as determined by a responsible official.

(I)

Any combination of activities described in this paragraph.

(6) Fireshed Registry

The term Fireshed Registry means the registry established under section 103(a).

(7) Forest plan

The term forest plan means—

(A)

a land use plan prepared by the Bureau of Land Management for public land pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);

(B)

a land 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); and

(C)

a forest management plan (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)) with respect to Indian forest land or rangeland.

(8) Governor

The term Governor means the Governor or other appropriate executive official of—

(A)

a State; or

(B)

an Indian Tribe.

(9) Hazardous fuels management activity

(10) HFRA terms

(11) Indian forest land or rangeland

The term Indian forest land or rangeland means land that—

(A)

is held in trust, or subject to a restriction against alienation, by the United States for an Indian Tribe or a member of an Indian Tribe; and

(B)

(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)

(I)

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.

(12) Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(13) National Forest System

The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(14) Public land

The term public land means—

(A)

public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));

(B)

(C)

(15) Relevant committees of Congress

The term relevant committees of Congress means—

(A)

in the Senate—

(i)

the Committee on Agriculture, Nutrition, and Forestry;

(ii)

the Committee on Energy and Natural Resources;

(iii)

the Committee on Indian Affairs; and

(iv)

the Committee on Homeland Security and Governmental Affairs; and

(B)

in the House of Representatives—

(i)

the Committee on Agriculture; and

(ii)

the Committee on Natural Resources.

(16) Secretaries

The term Secretaries means—

(A)

the Secretary; and

(B)

the Secretary of the Interior.

(17) Secretary

The term Secretary means the Secretary of Agriculture.

(18) Secretary concerned

The term Secretary concerned means—

(A)

the Secretary, with respect to National Forest System land; and

(B)

the Secretary of the Interior, with respect to public land.

(19) Special district

The term special district means a political subdivision of a State that—

(A)

has significant budgetary autonomy or control;

(B)

was established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest, watershed, or rangeland management or water supply; and

(C)

is distinct from any other unit of local government within the State.

(20) State

The term State means—

(A)

each of the several States;

(B)

the District of Columbia; and

(C)

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) Designations

(1) Initial fireshed designations

For the 5-year period beginning on the date of enactment of this Act, the firesheds of the United States shall comprise—

(A)

the 7,688 firesheds described in the report published by the Rocky Mountain Research Station of the Forest Service in 2021; and

(B)

the additional 1,262 firesheds in the States of Alaska and Hawaii and the territories of the United States designated by the Secretary in the same manner as the firesheds designated in the report described in subparagraph (A).

(2) Initial fireshed management area designations

Subject to paragraph (5), for the period beginning not later than 30 days after the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act, each Secretary concerned shall designate and make publicly available on the website of the Secretary concerned a map of the following fireshed management areas:

(A)

Each landscape-scale fireshed identified as a high-risk fireshed in the document published by the Forest Service entitled Wildfire Crisis Strategy, dated January 2022, and expanded in 2023.

(B)

The top 20 percent of firesheds in the continental United States, and the top 25 percent of firesheds in the continental United States if the fireshed has a historical presence of Picea glauca var. densata, identified by the Secretary for wildfire exposure based on the following criteria:

(i)

Wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures.

(ii)

Wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems.

(3) Initial designations in Alaska, Hawaii, and territories

Not later than 30 days after the date of enactment of this Act, the Secretary shall designate in the States of Alaska and Hawaii and the territories of the United States such additional fireshed management areas as the Secretary determines to be appropriate, based on the criteria described in clauses (i) and (ii) of paragraph (2)(B).

(4) Map-based updated designations

(A) Map of firesheds

Not later than 5 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit to the relevant committees of Congress an updated map of the firesheds of the United States, which shall—

(i)

be based on the Fireshed Registry; and

(ii)

include firesheds in the States of Alaska and Hawaii and the territories of the United States.

(B) Fireshed management areas

Not later than 60 days after submitting an updated fireshed map under subparagraph (A), the Secretary shall update the designations of fireshed management areas to reflect firesheds depicted on that map that the Secretary, in consultation with the Secretary of the Interior, identifies as being in the top 20 percent of firesheds at risk of wildfire exposure based on the criteria described in subparagraphs (A) through (C) of section 103(a)(3) and in accordance with this section.

(C) Publication

The Secretary shall make each updated map prepared under this paragraph publicly available on the Fireshed Registry.

(5) Land location and content

A fireshed management area designated under this subsection—

(A)

shall not overlap with any other fireshed management area; and

(B)

may contain Federal and non-Federal land, including Indian forest land or rangeland.

(6) Combining multiple firesheds

The Secretary, in consultation with the Secretary of the Interior, if applicable, may expand a fireshed management area designated under this subsection to include more than 1 fireshed that is designated as a fireshed management area under the applicable criteria described in this section.

(b) Use

The Secretary concerned may carry out fireshed management projects on the fireshed management areas designated under this section.

(c) Applicability of NEPA

The designation of a fireshed management area 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. Wildland Fire Intelligence Center

(a) Definitions

In this section:

(1) Board

The term Board means the Board of Directors governing the Center appointed under subsection (f).

(2) Center

The term Center means the Wildland Fire Intelligence Center established under subsection (b).

(3) Federal science agency; institution of higher education; land-grant colleges and universities; regional center; wildland fire; wildland fire management agencies; wildland fire research

The terms Federal science agency, institution of higher education, land-grant colleges and universities, regional center, wildland fire, wildland fire management agencies, and wildland fire research have the meanings given those terms in section 121(a).

(4) National laboratory

The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(b) Establishment

Not later than 1 year after the date of enactment of this Act, the Secretaries shall establish a joint office, to be known as the Wildland Fire Intelligence Center, to serve Federal and non-Federal entities through the functions described in subsection (d).

(c) Headquarters

Not later than 1 year after the date of enactment of this Act, the Board shall select from within the United States a permanent location for the physical headquarters of the Center.

(d) Functions

The functions of the Center shall include the following:

(1)

Providing real-time, science-based, and data-rich scientific and technical analytical services, modeling, monitoring, mapping, decision support, and predictive services across all phases of fire to inform land and fuels management (including prescribed fire), pre-fire community and built environment risk reduction, active fire management and emergency response, and post-fire recovery in the built and natural environments.

(2)

Providing, disseminating, procuring, if commercially available, and combining existing data, mapping, technological, and consultation services to support pre-, active, and post-fire activities at the local, State, and national levels, including—

(A)

creating and maintaining a real-time nationwide risk catalog, including the Fireshed Registry;

(B)

assisting with the creation of evacuation plans, public safety power shutoff plans, and wildfire mitigation and response strategies or plans (including built environment mitigation plans and community wildfire protection plans) for at-risk communities;

(C)

(D)

assisting with the safe and effective use of prescribed fire; and

(E)

developing a real-time data interface to assist and inform, in real time, firefighters, first responders, and approved contractors in responding to wildfires.

(3)

Consolidating air quality monitoring and forecasting data, including utilizing existing Federal programs, as appropriate, to help inform risks to public health and protect the public from smoke impacts associated with wildfires, including providing planning guidance for safe and effective beneficial fire opportunities to prevent the risk of wildfires.

(4)

Establishing information technology and data interoperability through—

(A)

the development of common data standards to protect confidential information;

(B)

comprehensive searchable data inventories;

(C)

working with Tribal governments in nation-to-nation partnerships, with protections for Tribal data sovereignty;

(D)

the integration and sharing of information and resources of the Federal Government, States, local governments, and participating Indian Tribes, as determined by Tribal governments, to support the essential functions of the Center; and

(E)

regular updates and maintenance of research and technology essential to achieving the core functions of the Center, including the evaluation of new and competing models as those models become available.

(5)

Coordinating with the National Wildfire Coordinating Group, as requested, to develop and improve wildfire preparedness curricula and training modules for States, Indian Tribes, and local officials, including emergency managers and responders.

(6)

(7)

Engaging with relevant Federal agencies, State agencies, and entities in the private sector to improve fire environment monitoring, forecasting, communication, and response that may be essential to the core functions of the Center, if the Executive Director determines that the engagement is appropriate, beneficial, and cost-effective.

(8)

(A)

Establishing wildland fire science, data management and sharing protocols, and technological research priorities in cooperation with each regional center informed by the operational needs of wildland fire management agencies.

(B)

Coordinating data collection efforts supporting the efforts of each regional center, including—

(i)

building data layers across each region described in section 121(c)(3)(B);

(ii)

ensuring data collection and reporting across each region described in section 121(c)(3)(B) is consistent and standardized; and

(iii)

providing updates on the development of wildland fire research models.

(C)

Ensuring the coordination of, and avoid unnecessary duplication of, the activities of the regional centers and the activities of institutions of higher education, land-grant colleges and universities, Federal science agencies, and State research organizations with respect to wildland fire research, including—

(i)

the National Oceanic and Atmospheric Administration;

(ii)

the National Science Foundation;

(iii)

the National Laboratories;

(iv)

the National Aeronautics and Space Administration;

(v)

the Environmental Protection Agency;

(vi)

the United States Fire Administration;

(vii)

the United States Geological Survey;

(viii)

the research and development program of the Forest Service;

(ix)

the interagency Joint Fire Science Program;

(x)

the Department of Defense Strategic Environmental Research and Development Program; and

(xi)

any other relevant entity with specialized expertise in wildland fire research.

(D)

Supporting end-to-end applications that assist wildland fire management agencies in adopting technologies and incorporating research findings produced by the regional centers.

(e) Center funding

(1) In general

To carry out the functions of the Center, the Secretaries may transfer funds provided to establish, and carry out the duties of, the Center among—

(A)

the Forest Service, from amounts made available for Wildland Fire Management;

(B)

the Department of the Interior, from amounts made available for Wildland Fire Management; and

(C)

the United States Geological Survey.

(2) Interagency financing

(3) Notice required

Not later than 15 days before transferring funds under paragraph (1) or (2), the Secretary or the Secretary of the Interior, as applicable, shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a notice of the proposed transfer.

(f) Board

(1) Membership

The Center shall be governed by a Board of Directors, to be composed of 18 members, as follows:

(A)

1 member who is a career employee of the Department of Agriculture, to be appointed by the Secretary.

(B)

1 member who is a career employee of the research and development areas of the Forest Service, to be appointed by the Chief of the Forest Service.

(C)

1 member who is a career employee in fire and aviation management of the Forest Service, to be appointed by the Chief of the Forest Service.

(D)

1 member who is a career employee of the Department of the Interior, to be appointed by the Secretary of the Interior.

(E)

1 member who is a career employee of the Bureau of Land Management, to be appointed by the Director of the Bureau of Land Management.

(F)

1 member who is a career employee of the Bureau of Indian Affairs, to be appointed by the Assistant Secretary for Indian Affairs.

(G)

1 member who is a career employee of the National Park Service, to be appointed by the Director of the National Park Service.

(H)

1 member who is a career employee of the United States Fish and Wildlife Service, to be appointed by the Director of the United States Fish and Wildlife Service.

(I)

1 member who is a career employee of the United States Geological Survey, to be appointed by the Director of the United States Geological Survey.

(J)

1 member who is a career employee of the National Oceanic and Atmospheric Administration, to be appointed by the Administrator of the National Oceanic and Atmospheric Administration.

(K)

1 member who is a career employee of the National Weather Service, to be appointed by the Director of the National Weather Service.

(L)

1 member who is a career employee of the Federal Emergency Management Agency, to be appointed by the Administrator of the Federal Emergency Management Agency.

(M)

1 member who is a career employee of the United States Fire Administration, to be appointed by the Administrator of the United States Fire Administration.

(N)

1 member who is a career employee of the Department of Defense, to be appointed by the Secretary of Defense.

(O)

1 member who is a career employee of the National Science Foundation, to be appointed by the Director of the National Science Foundation.

(P)

1 member who is a career employee of the National Aeronautics and Space Administration, to be appointed by the Administrator of the National Aeronautics and Space Administration.

(Q)

1 member who is an elected leader of a Tribal government or an expert in wildfire management designated by a Tribal government.

(R)

1 member representing State forestry agencies, to be appointed by the Secretaries.

(2) Terms

(A) In general

The term of a member of the Board shall be 3 years, except that, of the members first appointed—

(i)

1/3 shall serve for a term of 4 years;

(ii)

1/3 shall serve for a term of 3 years; and

(iii)

1/3 shall serve for a term of 2 years.

(B) Additional terms

After the initial term of a member of the Board, including the members first appointed, the member may serve not more than 3 additional 3-year terms, except that a member initially appointed to a serve a term of 4 years may serve not more than 2 additional 3-year terms.

(3) Chairperson

The Chairperson of the Board—

(A)

shall be selected by the members of the Board from among the members appointed under subparagraphs (B), (I), and (J) of paragraph (1);

(B)

shall serve for a term of 1 year; and

(C)

may be reselected as Chairperson not more than twice.

(4) Majority vote

A voting consensus by the Board shall be not less than a 2/3 majority vote of the members present.

(5) Nonvoting status

At the discretion of the Board, the Board may include nonvoting observers to the Board.

(g) Executive Director

(1) In general

The Center shall have an Executive Director, who shall—

(A)

be appointed by, and serve at the direction of, the Board; and

(B)

be responsible for the management and operation of the Center.

(2) Contracting authority

(h) Detailees

(i) Coordination with other agencies and entities

To carry out the functions of the Center described in subsection (d), the Board shall coordinate with agencies represented on the Board and other relevant entities, including—

(1)

the National Wildfire Coordinating Group; and

(2)

any relevant Federal agency, State, Indian Tribe, local government, or nongovernmental entity that is representative of an element of the wildland fire community.

(j) Operational plan

(1) In general

Not later than 180 days after the appointment of the Executive Director, the Executive Director shall submit to the relevant committees of Congress an initial operational plan describing—

(A)

the structure of the Center;

(B)

staffing and funding needs of the Center;

(C)

technological capabilities within the Department of Agriculture, the Department of the Interior, and the other Federal departments and agencies comprising the Board that are available to the Center;

(D)

an assessment of the potential of commercially available technologies to perform the functions of the Center, together with the costs and timelines of procuring those technologies or developing relevant capabilities;

(E)

an assessment of—

(i)

existing contracting authorities of the Executive Director to be used for purposes of subsection (g)(2); and

(ii)

new contracting authorities needed; and

(F)

a timeline for full operational functioning of the Center.

(2) Inclusions

(3) Updates

The Executive Director shall update the plan not less frequently than annually to reflect progress, adjustments in funding, and the adoption of new technologies.

(k) Pilot program to monitor wildfires by satellite

The Secretary, acting through the Chief of the Forest Service, in partnership with the Secretary of the Interior, acting through the Director of the United States Geological Survey, and with the Executive Director, shall establish a pilot program—

(1)

to purchase and integrate, through a public-private partnership, data from the latest-generation of wildfire monitoring satellites that provide monitoring of active fire behavior, including fire perimeters, burned area, intensity, severity, and the detection of fires with a low false-positive rate;

(2)

to use the data acquired under paragraph (1), and any analyses relating to that data—

(A)

to detect, assess, respond to, and manage wildfires and rangeland fires; and

(B)

to ensure the safety and effectiveness of prescribed fire treatments;

(3)

to develop information-sharing partnerships with State, local, and Tribal emergency managers, foresters, or other equivalent officials—

(A)

to improve State, local, and Tribal wildfire monitoring, response, and analysis; and

(B)

to provide to the Executive Director an operational plan for scaling the pilot program across the United States; and

(4)

under which the Secretary of the Interior shall have the authority to enter into other transactions to leverage satellite-based wildfire monitoring capabilities.

(l) Rule of construction

Nothing in this section affects the ownership of any data source.

Sec. 103. Fireshed Registry

(a) Establishment

(1)

wildland fire exposure, delineated by—

(A)

ownership, including rights-of-way for utilities and other public or private purposes; and

(B)

administrative or management responsibility;

(2)

any hazardous fuels management activities that have occurred within an individual fireshed during the preceding 10 years;

(3)

wildland fire exposure with respect to a fireshed, delineated by—

(A)

wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures;

(B)

wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems; and

(C)

risk of vegetation type conversion due to wildfire;

(4)

the percentage of a fireshed burned in wildfire during the preceding 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 scheduled for a fireshed, including fireshed management projects.

(b) Community wildfire protection plans

The Executive Director shall make data from the Fireshed Registry available to local communities developing or updating community wildfire protection plans.

(c) Maintenance

As part of the website containing the Fireshed Registry, the Executive Director shall—

(1)

publish fireshed assessments conducted 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 fireshed management projects;

(iii)

any required modifications of the permitting timetable under clause (i), including an explanation regarding why the permitting timetable was modified; and

(iv)

information regarding any public meetings, public hearings, and public comment periods relating to a fireshed management project, as that information becomes available, which shall be presented in—

(I)

English; and

(II)

the predominant language of each community that is most affected by the fireshed management project, as that information becomes available;

(B)

the projected cost of fireshed management projects; and

(C)

in the case of a completed fireshed management project, the estimated effectiveness of the fireshed management project in—

(i)

reducing the wildfire exposure within the applicable fireshed, including wildfire exposure described in subparagraphs (A) through (C) of subsection (a)(3); and

(ii)

increasing the resilience of wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(d) Incorporation of existing assessments and data

In carrying out this section, the Executive Director shall incorporate any assessments completed or data gathered through existing partnerships, to the extent practicable.

(e) Applicability of NEPA

The establishment and maintenance of the Fireshed Registry 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. 104. Shared stewardship

(a) Joint agreements

(1)

to promote the reduction of wildfire exposure, based on the criteria described in section 103(a)(3), in fireshed management areas across jurisdictional boundaries; and

(2)

to conduct fireshed assessments under section 105.

(b) Adjustment of boundaries and updates to agreements

With respect to an agreement under subsection (a), the Secretary concerned, on request of the applicable Governor, may—

(1)

adjust the boundaries of any applicable fireshed management area to include additional areas from within a separate fireshed management area designated under section 101; and

(2)

update the agreement to address any new wildfire threats.

(c) Cooperative agreements

The Secretaries may enter into cooperative agreements with units of local government, special districts, end water users, nongovernmental organizations, institutions of higher education, Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), and other entities, at the discretion of the applicable Secretary to carry out the activities described in paragraphs (1) and (2) of subsection (a).

Sec. 105. Fireshed assessments

(a) In general

(b) Requirements

(1) In general

Each fireshed assessment under subsection (a) shall—

(A)

identify—

(i)

using the best available science, wildfire exposure risks within the applicable fireshed management area, including scenario planning and wildfire hazard mapping and models; and

(ii)

each at-risk community within the fireshed management area;

(B)

identify the types of fireshed management projects that could benefit the fireshed management area, with an emphasis on reducing—

(i)

wildfire exposure and corresponding risk to communities, including risk to life, critical infrastructure, and other structures;

(ii)

wildfire exposure and corresponding risk to municipal watersheds, including Tribal water supplies and systems;

(iii)

risk of vegetation type conversion due to wildfire;

(iv)

wildfire risk for wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(v)

wildfire risk to resources of an Indian Tribe, as defined by the Indian Tribe; or

(vi)

any combination of purposes described in clauses (i) through (v); and

(C)

include, with respect to the applicable fireshed management area—

(i)

a strategy for reducing the threat of wildfire—

(I)

to protect at-risk communities in the wildland-urban interface on Federal and non-Federal land;

(II)

to improve the effectiveness of wildfire firefighting, particularly the effectiveness of fuels treatments that would improve wildfire firefighter safety during wildfires; and

(III)

to reduce risk to wildlife habitats, including habitat for species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(ii)

a timeline for the implementation of fireshed management projects;

(iii)

(iv)

a strategy to ensure that fireshed management projects comply with applicable forest plans and incorporate the best available science; and

(v)

(2) Existing plans

To the maximum extent practicable, a fireshed assessment shall incorporate and build on information, planning, and strategies contained in relevant forest plans, State forest action plans, Tribal integrated resource management plans or Tribal forest management plans, watershed management plans, community wildfire protection plans, and similar locally led landscape-scale planning documents.

(3) Participation

(A) State, Tribal, and local governments

(B) Public

(i)

publication of information regarding the development of the assessment—

(I)

on a website maintained by the Secretary concerned; and

(II)

at convenient locations within the applicable fireshed management area; and

(ii)

at least 1 public meeting.

(c) Updates and availability

Each fireshed assessment under subsection (a) shall be—

(1)

regularly updated based on the best available science, subject to the requirements of subsection (d)(2); and

(2)

made publicly available on 1 or more websites maintained by the Secretary concerned, including the Fireshed Registry.

(d) Information improvement

(1) Agreements

In carrying out a fireshed assessment under this section, the Secretary concerned may enter into agreements with other Federal departments and agencies (including the National Oceanic and Atmospheric Administration), States, Indian Tribes, Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), private entities, or research or educational institutions to improve, with respect to the assessment, the use and integration of—

(A)

advanced remote sensing and geospatial technologies;

(B)

statistical modeling and analysis; or

(C)

any other technology or combination of technologies and analyses that the Secretary concerned determines will benefit the quality of information in the assessment.

(2) Best available science

In using the best available science for a fireshed assessment under this section, the Secretary concerned and the applicable Governor shall incorporate, to the maximum extent practicable—

(A)

traditional ecological knowledge from Indian Tribes, if requested by the relevant Indian Tribe;

(B)

data from State forest action plans and State wildfire risk assessments;

(C)

data from the Fireshed Registry; and

(D)

data from other Federal, State, Tribal, and local governments or agencies.

(e) Applicability of NEPA

A fireshed assessment 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 on land under the jurisdiction of the Secretary concerned in fireshed management areas in accordance with this section, the applicable forest plan, and the laws (including regulations) applicable to the Secretary concerned.

(2) Applicability of other provisions

(A) In general

The following shall have the force and effect of law with respect to any fireshed management project carried out in a fireshed management area:

(i)

Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary.

(ii)

Section 46.150 of title 43, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary of the Interior.

(iii)

Section 402.05 of title 50, Code of Federal Regulations (as in effect on April 9, 2025).

(iv)

(B) Determination of emergency

(i) In general

(I)

determines, in accordance with the regulation, that an emergency or emergency circumstance exists;

(II)

completes any documentation or identification processes required under such regulation; and

(III)

provides public notice of the determination of emergency and each related fireshed management project activity by publishing such determination on a website maintained by the Secretary concerned.

(ii) Requirement

(C) Further clarification

(D) Utilization of existing streamlined authorities in fireshed management areas

(i) In general

(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)).

(ii) Compliance with NEPA

In applying expedited authorities for environmental review to carry out fireshed management projects under clause (i), the Secretary concerned shall ensure—

(I)

such project is carried out in accordance with the statute establishing the categorical exclusion applied by the Secretary concerned;

(II)

compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(III)

such project is carried out in accordance with the applicable forest plan and the laws and policies applicable to the Secretary concerned.

(iii) Additional emergency actions

The Secretary may declare an emergency pursuant to section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) for any fireshed management project.

(iv) Fiscal Responsibility Act requirements

(v) Use of other authorities

To the maximum extent practicable, the Secretary concerned shall use the authorities, if applicable, provided under this section in combination with other authorities to carry out fireshed management projects, including—

(I)

good neighbor agreements 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 and contracts entered into under the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868).

(b) Expansion

(1) Healthy Forests Restoration Act amendments

(A) Definitions

Section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502) is amended—

(i)

in paragraph (2), by striking 450b and inserting 5304; and

(ii)

by adding at the end the following:

(3) Local government
The term local government means—
(A)
a county;
(B)
a municipality; and
(C)
a 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 established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest, watershed, or rangeland management or water supply; and
(C)
is distinct from any other unit of local government within the State.

(B) Administrative review

Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended—

(i)

in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and

(ii)

in paragraph (2)(B), by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV.

(C) Wildfire resilience projects

Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is amended—

(i)

in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and

(ii)

in paragraph (4), by striking code of Federal regulations (or successor regulations) and inserting Code of Federal regulations (or a successor regulation).

(D) Greater sage-grouse and mule deer habitat

Section 606 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e) is amended—

(i)

in subsection (c), by striking concurrently for both greater sage-grouse and and inserting for greater sage-grouse or; and

(ii)

in subsection (g)(1), by striking 4,500 acres and inserting 7,500 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)) is amended by striking 3,000 acres and inserting 10,000 acres.

Sec. 107. Study on the impacts of fireshed management projects on wildfire risk to communities and wildlife habitat

(a) Study requirement

Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Interior, shall enter into an agreement with the National Academy of Sciences, under which the National Academy of Sciences shall conduct 1 or more studies on the impacts of fireshed management projects, including—

(1)

an evaluation of select, regionally varied fireshed management projects and approaches, including—

(A)

methodologies used to assess fireshed management areas;

(B)

the reduction in fuel hazards in fireshed management areas;

(C)

the status of, and trends in, watershed conditions;

(D)

the economic use of fireshed management project byproducts;

(E)

local jobs and labor income supported by fireshed management projects; and

(F)

coordinated approaches taken to plan and implement fireshed management projects;

(2)

changes to wildfire risk within fireshed management areas, and to resources of an Indian Tribe, due to fireshed management projects;

(3)

(A)

a description of the cost of—

(i)

the implementation of section 105; and

(ii)

the development and implementation of fireshed management projects; and

(B)

an estimate of the amount of the damages avoided as a result of that development and implementation;

(4)

an evaluation of how fireshed management projects affect—

(A)

critical habitat areas designated under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(B)

the conservation and recovery of species listed as threatened or endangered under the that Act;

(5)

an identification of fireshed management project best practices for minimizing harm to critical habitat areas described in paragraph (4)(A) and the natural environment while reducing wildfire risk; and

(6)

recommendations for policy, regulatory, or operational changes to improve fireshed management projects.

(b) Engagement

In conducting the 1 or more studies under subsection (a), the National Academy of Sciences shall—

(1)

consult with relevant Federal, State, and Tribal agencies, including the United States Fish and Wildlife Service and the National Marine Fisheries Service; and

(2)

provide an opportunity for public comment and input during the 1 or more studies, including from nonprofit organizations, institutions of higher education, and other scientific bodies.

(c) Submission of report

As soon as practicable after the conclusion of the 1 more studies under subsection (a), but not later than 5 years after the date of enactment of this Act, the National Academy of Sciences shall submit to the relevant committees of Congress and the Secretaries 1 or more reports containing the results of the 1 or more studies.

Sec. 108. Sunset

The authority under this subtitle terminates 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 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)—

(A)

in paragraph (1)(B), by striking either the Secretary or a Governor or county and inserting the Secretary, a Governor, an Indian tribe, a special district, or a county;

(B)

in paragraph (5), by striking Governor or and inserting Governor, an Indian tribe, a special district, or a;

(C)

in paragraph (6), by striking or Indian tribe; and

(D)

by adding at the end 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 established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest, watershed, or rangeland management or water supply; and
(C)
is distinct from any other unit of local government within the State.; and

(2)

in subsection (b)—

(A)

in paragraph (1)(A), by striking or county and inserting , an Indian tribe, a special district, or a county;

(B)

in paragraph (2)(C)—

(i)

in clause (i)—

(I)

in the matter preceding subclause (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)—

(aa)

in the matter preceding item (aa), by striking clause (i) and inserting subclause (I); and

(bb)

in item (bb), by striking the Good Neighbor Authority for Recreation Act. and inserting section 351 of the EXPLORE Act (16 U.S.C. 8571);; and

(IV)

by adding at the end the following:

(III)
if there are funds remaining after carrying out subclause (II)—
(aa)
to carry out authorized restoration services under other good neighbor agreements; and
(bb)
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;

(C)

in paragraph (3), by striking or county and inserting , an Indian tribe, a special district, or a county; and

(D)

by striking paragraph (4).

(b) Technical amendment

(1) In general

Section 443 of division E of Public Law 118–42 (138 Stat. 297) is amended, in the matter preceding paragraph (1), by striking Agriculture Act of 2014 and inserting Agricultural Act of 2014.

(2) Effective date

The amendment made by paragraph (1) shall take effect on the date of enactment of Public Law 118–42 (138 Stat. 25).

(c) Effective date

(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 necessary to carry out an agreement or contract under this subsection before the period at the end; and

(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) Definition of multiyear contract
In this paragraph, the term multiyear contract means a contract entered into under subsection (b) that—
(i)
has a term of longer than 5 years; and
(ii)
is entered into on or after the date of enactment of this paragraph.
(B) Special rule
A multiyear contract entered into under subsection (b) by the Chief or the Director with an entity shall provide that, in the case of cancellation or termination of the multiyear contract by the Chief or the Director, the Chief or the Director, as applicable, shall provide to the entity a cancellation or termination payment that is the lesser of—
(i)
an amount equal to 10 percent of the multiyear contract; or
(ii)
the amount of unrecovered costs that would have been recouped through amortization over the full term of the contract (including the term canceled).

Sec. 113. Fireshed management project strike teams

(a) Establishment

The Secretary concerned shall establish strike teams to assist the Secretary concerned with—

(1)

(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; and

(4)

any combination of purposes described in paragraphs (1) through (3).

(b) Members

(1) In general

The Secretary concerned may appoint not more than 10 individuals to serve on a strike team under this section, to be composed of—

(A)

employees of the department under the jurisdiction of the Secretary concerned;

(B)

employees of a different Federal department or agency, with the consent of the head of that department or agency; and

(C)

private contractors or volunteers from any nonprofit organization, State government, Indian Tribe, local government, quasi-governmental agency, academic institution, or private organization.

(2) Requirement

In appointing individuals under paragraph (1), the Secretary concerned shall appoint not fewer than 1 employee of the Federal agency with jurisdiction over the applicable Federal land.

(c) Review responsibility

The Secretary concerned shall—

(1)

determine the sufficiency of the documents prepared by a strike team under this section; and

(2)

retain responsibility for any authorizing decision relating to such a document.

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 114. Locally led restoration

Section 14(d) of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) is amended, in the first sentence, by striking $10,000 and inserting $55,000.

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 wildfire; 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, Tribal-integrated resource management plan or Tribal forest management plan, or similar priority plan (such as a State wildlife or water plan) before the semicolon;

(3)

in subsection (g), by striking paragraph (2) and inserting the following:

(2) Additional reports
For each of fiscal years 2022 and 2023, and not less frequently than once every 2 fiscal years thereafter, the Chiefs shall submit a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects, to—
(A)
in the Senate—
(i)
the Committee on Agriculture, Nutrition, and Forestry;
(ii)
the Committee on Energy and Natural Resources;
(iii)
the Committee on Appropriations; and
(iv)
the Committee on Indian Affairs; and
(B)
in the House of Representatives—
(i)
the Committee on Agriculture;
(ii)
the Committee on Natural Resources; and
(iii)
the Committee on Appropriations.; and

(4)

in subsection (h)(1), by striking and 2023 and inserting through 2031.

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)—

(A)

in paragraph (2)(B)(ii), by striking 500 note and inserting 7125; and

(B)

in paragraph (3)—

(i)

in subparagraph (D), by striking species; and inserting species or pathogens;;

(ii)

in subparagraph (G), by striking and at the end;

(iii)

in subparagraph (H), by adding and after the semicolon at the end; and

(iv)

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 Federal Government staffing plan for providing support to collaboratives established pursuant to subsection (b)(2);;

(3)

in subsection (d)—

(A)

in paragraph (2)—

(i)

in subparagraph (E), by striking and at the end;

(ii)

in subparagraph (F), by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

(G)
proposals that seek to use innovative implementation mechanisms, including conservation finance agreements, good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), and similar implementation mechanisms;
(H)
proposals that seek to reduce the risk of uncharacteristic wildfire or increase ecological restoration activities—
(i)
within areas across land ownerships, including State, Tribal, and private land; and
(ii)
within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and
(I)
proposals that seek to enhance watershed health and drinking water sources.; and

(B)

in paragraph (3)—

(i)

in subparagraph (A), by striking 10 and inserting 20; and

(ii)

in subparagraph (B), by striking 2 and inserting 4;

(4)

in subsection (e)(3), by inserting conflict resolution or collaborative governance, before and woody; and

(5)

in subsection (f)—

(A)

in paragraph (4)(B)(ii), by striking $4,000,000 and inserting $8,000,000; and

(B)

in paragraph (6), by striking 2023 and inserting 2034.

Sec. 117. Utilizing grazing for wildfire risk reduction

(a) Strategy

(1) In general

(2) Inclusions

The strategy under paragraph (1) shall include—

(A)

(B)

the use of targeted grazing to reduce hazardous fuels;

(C)

an increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses;

(D)

an increased use of livestock grazing—

(i)

to eradicate invasive annual grasses; and

(ii)

as a post-fire restoration and recovery strategy, as appropriate;

(E)

an integrated use of advanced technologies to dynamically adjust livestock placement;

(F)

an increased use of any authorities applicable to livestock grazing, including modifications to grazing permits or leases to allow variances pursuant to paragraph (3);

(G)

the utilization of grazing on Federal land under the jurisdiction of the Secretary concerned in a manner that—

(i)

avoids conflicts with other uses of that Federal land; and

(ii)

is consistent with any applicable land management plan; and

(H)

the use of any other means determined to be appropriate by the Secretary concerned.

(3) Variances

(A) In general

At the request of an authorized grazing permittee or lessee, the Secretary concerned may allow a temporary variance to the terms and conditions of a grazing permit or lease to address significant changes in weather, forage production, the effects of fire or drought, or other temporary circumstances that impact resource conditions, to facilitate the long-term ecological health of the Federal land.

(B) Variances

In carrying out subparagraph (A), the Secretary concerned may authorize a temporary variance to the terms and conditions of the applicable grazing permit or lease to adjust the beginning date, the ending date, both the beginning date and ending date, or water transportation, as applicable, as specified in the applicable grazing permit or lease, subject to—

(i)

the requirement that, unless otherwise specified in the appropriate allotment management plan or any other activity plan that is the functional equivalent to the appropriate allotment management plan under section 4120.2(a)(3) of title 43, Code of Federal Regulations (or a successor regulation), the applicable adjusted date of the season of use—

(I)

occurs—

(aa)

not earlier than 21 days before the beginning date specified in the applicable grazing permit or lease; or

(bb)

not later than 21 days after the ending date specified in the applicable grazing permit or lease; and

(II)

would not result in forage removal that exceeds the amount of active use specified in the applicable grazing permit or lease; and

(ii)

the requirement that, in accordance with applicable law (including regulations) and the terms and conditions of the applicable grazing permit or lease, an authorized grazing permittee or lessee using a variance under this paragraph shall develop and use a monitoring plan determined to be acceptable to the Secretary concerned as a reasonable way to track the effects of the variance on the long-term ecological health of the allotment on which the variance is used.

(b) Effect on existing grazing programs

Nothing in this section affects—

(1)

any livestock grazing program carried out by the Secretary concerned as of the date of enactment of this Act; or

(2)

any statutory authority for any program described in paragraph (1).

Sec. 118. Water Source Protection Program

Section 303 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542) 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, Tribal, 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; and
(J)
a local, regional, or other private entity that has water delivery authority;;

(2)

in subsection (b)—

(A)

by inserting and adjacent land before the period at the end;

(B)

by striking The Secretary and inserting the following:

(1) In general
The Secretary; and

(C)

by adding at the end the following:

(2) Requirements
A watershed protection and restoration project under the Program shall be designed—
(A)
to protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
(B)
to protect and restore forest health from insect infestation and disease or wildfire; or
(C)
to 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 events, 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;
(C)
provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems;
(D)
include—
(i)
partners with demonstrated capacity to, and success in, designing and implementing ecological restoration projects, wildfire risk-reduction efforts, or post-wildfire restoration projects; or
(ii)
in the case of communities that have historically lacked access to adequate resources, partners with a strong likelihood of success in designing and implementing a watershed protection and restoration project; and
(E)
include—
(i)
a contribution of funds or in-kind support from non-Federal partners in an amount greater than the amount required under subsection (g)(2); or
(ii)
such other characteristics as the Secretary determines to be appropriate.
(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 provides express support for, and is a willing and engaged partner in, carrying out that project or activity.
(B) Effect
Nothing in this section authorizes 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 agreements with and all that follows through the period at the end and inserting the following:

agreements with end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water to—
(A)
end water users; or
(B)
end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water 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)
in the case of an agreement with a State, a county, or an Indian tribe for a project carried out on National Forest System land—
(i)
a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); or
(ii)
an agreement or contract entered into under the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868); or; and

(C)

by adding at the end the following:

(3) Cooperation with non-Federal partners
The Secretary shall cooperate, to the maximum extent practicable, with non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section.;

(4)

in subsection (d)—

(A)

by striking paragraph (2) and inserting the following:

(2) Requirements
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 approved by the Secretary may be used as the basis for a water source management plan under this subsection.;

(5)

(6)

in subsection (g)—

(A)

in paragraph (2)—

(i)

by striking at least equal to and inserting not less than 20 percent of;

(ii)

by striking The Secretary and inserting the following:

(A) In general
Subject to subparagraph (B), the Secretary; and

(iii)

by adding at the end the following:

(B) Waiver
The Secretary may waive the requirement under subparagraph (A) at the discretion of the Secretary.;

(B)

in paragraph (4)—

(i)

in subparagraph (B), by striking fiscal years 2019 through 2023 and inserting fiscal years 2025 through 2031;

(ii)

by redesignating subparagraph (C) as subparagraph (D); and

(iii)

by inserting after subparagraph (B) the following:

(C) Set-aside for partner participation in planning and capacity
Of the amounts made available under subparagraphs (A) and (B) to carry out this section for each fiscal year, the Secretary shall use not less than 10 percent for non-Federal partner technical assistance participation and capacity-building efforts in developing or implementing a water source management plan under subsection (d).; and

(C)

by adding at the end the following:

(5) In-kind contributions
The Secretary may include the value of forest restoration and watershed improvement work implemented on adjacent land in the project area in determining in-kind contributions to a project from non-Federal partners under paragraph (4)(A).

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—

(1)

in paragraph (3)(A), by inserting protection and before restoration;

(2)

in paragraph (5), by striking and at the end;

(3)

in paragraph (6), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(7)
to ensure that management activities and authorizations do not result in long-term degradation of watershed health of any watershed in a National Forest.

Sec. 120. Tribal forest protection management activities and projects

Section 8703 of the Agriculture Improvement Act of 2018 (25 U.S.C. 3115b) is amended—

(1)

in the section heading, by striking management demonstration project and inserting protection management activities and projects;

(2)

by redesignating subsection (b) as subsection (c);

(3)

in subsection (a)—

(A)

by striking demonstration;

(B)

by striking federally recognized;

(C)

by striking programs of and inserting activities and projects under;

(D)

by inserting or compacts after contracts;

(E)

by striking 5304 et seq. and inserting 5301 et seq.; and

(F)

by striking the subsection designation and heading and all that follows through and the Secretary and inserting the following:

(a) Definitions
In this section:
(1) Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(2) Tribal organization
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Activities and projects
The Secretary and the Secretary of the Interior;

(4)

in subsection (c) (as so redesignated)—

(A)

by striking contract or project each place it appears and inserting contract, compact, or project;

(B)

in the matter preceding paragraph (1), by striking subsection (a) and inserting subsection (b); and

(C)

in paragraph (1), by striking 5304 et seq. and inserting 5301 et seq.; and

(5)

by adding at the end the following:

(d) Tort claims procedure
For purposes of chapter 171 of title 28, United States Code, an employee of an Indian Tribe or Tribal organization that enters into an agreement, contract, or compact under subsection (b) shall be considered an employee of the Forest Service while carrying out activities and projects on behalf of the Forest Service pursuant to that agreement, contract, or compact.
(e) Publication of information
The Secretary and the Secretary of the Interior shall—
(1)
not later than 180 days after the date of enactment of this subsection, make available, in an easily accessible format and location, on the website of the Department of Agriculture and the Department of the Interior, respectively, a list of the types of activities and projects that Indian Tribes and Tribal organizations may enter into agreements, contracts, or compacts to perform under subsection (b); and
(2)
update the list under paragraph (1) as necessary.

Sec. 121. Establishment of regional wildland fire research centers

(a) Definitions

In this section:

(1) Appropriate committees of congress

The term appropriate committees of Congress means—

(A)

the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate;

(B)

the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives; and

(C)

any other committee of Congress with the authority to facilitate the development of wildland fire research.

(2) Career pathway

The term career pathway has the meaning given that term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(3) Federal science agency

The term Federal science agency has the meaning given that term in section 103(f) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6623(f)).

(4) Institution of higher education

The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(5) Land-grant colleges and universities

The term land-grant colleges and universities has the meaning given that term in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).

(6) Minority-serving institution

The term minority-serving institution means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(7) Regional center

The term regional center means a regional wildland fire research center established under subsection (c)(1).

(8) Tribal organization

The term Tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(9) Wildland fire

The term wildland fire means any non-structure fire that occurs in vegetation or natural fuels and includes wildfires originating from an unplanned ignition or prescribed fire.

(10) Wildland fire management agencies

The term wildland fire management agencies means—

(A)

the Forest Service;

(B)

the Bureau of Land Management;

(C)

the National Park Service;

(D)

the United States Fish and Wildlife Service; and

(E)

the Bureau of Indian Affairs.

(11) Wildland fire research

The term wildland fire research means research to better understand—

(A)

the causes and consequences of wildland fires, including antecedent and contemporaneous factors that increase the risk of catastrophic events;

(B)

the spread and behavior of wildland fires, including fires in the wildland-urban interface;

(C)

the efficacy of mitigation strategies for wildland fires;

(D)

the impact of wildland fires on public health, safety, and the environment;

(E)

the rehabilitation and restoration of affected ecosystems after wildland fires; and

(F)

the development of mitigation strategies and techniques to improve the safety of wildland fire managers and firefighters.

(b) Competitive process

The Secretaries shall establish a competitive process for the selection and establishment of regional wildland fire research centers in accordance with subsection (c).

(c) Selection and establishment of regional centers

(1) In general

The Secretaries shall select not fewer than 8 institutions of higher education or land-grant colleges and universities at which to establish, in accordance with the timeline described in paragraph (2), regional centers to coordinate the development of wildland fire research.

(2) Timeline

In establishing regional centers under paragraph (1), the Secretaries shall establish—

(A)

as soon as practicable after the date of enactment of this Act, subject to the availability of appropriations, a pilot program under which not fewer than 2 regional centers shall be established; and

(B)

not later than 2 years after the date on which the pilot program is established under subparagraph (A), the remaining regional centers.

(3) Criteria for selection

(A) In general

In establishing a regional center at an institution of higher education or land-grant college or university under this section, the Secretaries shall prioritize the selection of institutions, colleges, or universities that meet not fewer than one of the following criteria:

(i)

Have existing programs of record in wildland fire research.

(ii)

Have existing partnerships with research institutions of the Federal Government and other academic institutions and entities relating to wildland fire research.

(iii)

Participate in or lead a program under the Joint Fire Science Program.

(iv)

Are a minority-serving institution.

(B) Regions

The Secretaries shall establish not fewer than one regional center in each of the following regions of the United States, as defined by the Secretaries:

(i)

Alaska.

(ii)

California.

(iii)

The Pacific Northwest.

(iv)

The Pacific Islands.

(v)

The Plains and Northeast.

(vi)

The Rockies.

(vii)

The Southeast.

(viii)

The Southwest.

(4) Purpose

Each regional center, with respect to the region covered by the regional center, shall—

(A)

to the extent practical, coordinate research with other wildland fire research entities, such as other academic institutions, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the Department of Energy, the research and development program of the Forest Service, the National Laboratories, the United States Geological Survey, and State and regional research organizations;

(B)

improve the understanding of wildland fire through wildland fire research that can be applied by wildland fire management agencies;

(C)

develop technologies and other tools to understand, monitor, and predict wildland fire, including—

(i)

models to predict fire potential and the spread and behavior of wildland fire and smoke;

(ii)

models to predict how vegetation will respond to changes in the environment and wildland fire;

(iii)

the integration of technologies to predict the spread and behavior of wildland fire and smoke in as near-real-time as possible; and

(iv)

other innovations to be integrated into operational decision support systems relating to wildland fire, such as the Wildland Fire Decision Support System and the Interagency Fuel Treatment Decision Support System;

(D)

develop technologies and other tools to safely support land management activities to reduce the severity of wildland fire;

(E)

leverage predictive capabilities to reduce the impact of smoke on communities and wildfire incident management teams, including wildland firefighters;

(F)

improve the understanding of post-fire risk to the landscape, including flash flooding potential and watershed impacts;

(G)

test and operate models to support land management decision-making, including through—

(i)

operating models to support management of wildland fire and vegetation;

(ii)

the demonstration of integration technologies to support management of wildland fire in as near-real-time as possible; and

(iii)

the incorporation of decision science and social science that examines the perception and adoption of information related to wildland fire risk;

(H)

develop a career pathway training program with respect to carrying out wildland fire research;

(I)

develop data management protocols to allow for full and open exchange of data pursuant to the principles of findability, accessibility, interoperability, and reusability (commonly referred to as the FAIR principles) and archive and access that data;

(J)

develop training programs for prescribed fire implementation; and

(K)

make its work and data fully and openly available.

(d) Advisory boards

(1) In general

In accordance with chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act), the Secretary shall establish at each regional center an advisory board, to be known as the Regional Advisory Board, to carry out the duties described in paragraph (4).

(2) Composition

(A) In general

Each Regional Advisory Board shall consist of members, who shall be from, or have responsibility covering, the region covered by the relevant regional center, including at minimum—

(i)

one regional representative from each wildland fire management agency, appointed by that agency;

(ii)

one representative from a State government agency from each State located in that region with expertise in forestry and wildland fire mitigation and management, appointed by the Governor of that State;

(iii)

one representative from an Indian Tribe or Tribal organization from that region with expertise in forestry and wildland fire mitigation and management on Tribal or Federal land, appointed by the Secretaries; and

(iv)

additional representatives elected under subparagraph (B)(ii).

(B) Elected membership

(i) Subcommittee

Each Regional Advisory Board shall solicit and approve, on at least an annual basis, nominations for individuals with operational expertise in wildland fire mitigation and management to serve as a representative on a subcommittee to the Regional Advisory Board for the purposes of clause (ii), composed of not more than 15 individuals, including representatives from, as applicable—

(I)

institutions of higher education or land-grant colleges and universities;

(II)

nongovernmental organizations;

(III)

private industry;

(IV)

the wildland firefighter community, including organizations that represent the interests of wildland firefighters; and

(V)

Southwest Ecological Restoration Institutes established under section 5(a) of the Southwest Forest Health and Wildfire Prevention Act of 2004 (16 U.S.C. 6704(a)).

(ii) Election

The subcommittee described in clause (i) for a Regional Advisory Board may elect a member or members of the subcommittee to serve as a member of the Regional Advisory Board under subparagraph (A)(iv) for a 2-year term.

(3) Compensation

Each member of a Regional Advisory Board shall serve on a voluntary basis without compensation.

(4) Duties

Each Regional Advisory Board shall—

(A)

ensure and support the coordination of wildland fire research between the relevant regional center and Federal and State land management agencies in that region;

(B)

communicate the operational needs of Federal and State land management agencies and wildland fire management agencies in that region to the relevant regional center and to the Board governing the Wildfire Intelligence Center appointed under section 102(f);

(C)

advise, in coordination with the relevant regional center, on research goals and objectives; and

(D)

assist the relevant regional center with the dissemination of research outputs and data to the Board governing the Wildfire Intelligence Center appointed under section 102(f) and Federal and State land management agencies and wildland fire management agencies in that region.

(5) Meetings

Each Regional Advisory Board shall meet quarterly.

(6) Term

Unless specified otherwise, a member of a Regional Advisory Board shall serve for a term of 4 years.

(7) Vacancies

(A) In general

A vacancy on a Regional Advisory Board—

(i)

shall not affect the powers of the Regional Advisory Board; and

(ii)

shall be filled in the same manner as the original appointment was made by not later than 180 days after the date on which the vacancy occurs.

(B) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(e) Report on wildland fire research

Not later than each of 2 years and 4 years after the date of enactment of this Act, the Secretaries, in consultation with the Board governing the Wildfire Intelligence Center appointed under section 102(f), shall submit to the appropriate committees of Congress a report describing—

(1)

the progress each regional center has made in the development of wildland fire research; and

(2)

recommendations to improve wildland fire research.

(f) Consultation

In carrying out the requirements of this section, the Secretaries shall consult with—

(1)

Federal science agencies; and

(2)

the Office of Science and Technology Policy.

Sec. 122. Contracts, grants, and agreements to carry out certain ecosystem restoration activities

Section 40804 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a) is amended by adding at the end the following:

(g) Contracts, grants, and agreements
To carry out the ecosystem restoration activities described in subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into contracts, grants, or agreements, as appropriate, with State agencies, Indian Tribes, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and multistate coalitions—
(1)
for the collection and maintenance of native plant materials, including material from managed seed orchards; and
(2)
for the production of native plant materials for revegetation.

Sec. 123. Reforestation of land destroyed by Hermit’s Peak/Calf Canyon Fire

Section 104(d)(4) of the Hermit’s Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117–180; 136 Stat. 2172) is amended by adding at the end the following:

(D) Reforestation
(i) In general
Notwithstanding paragraph (1)(B), subject to clause (ii), a claim that is paid for injury under this Act may include damages resulting from the Hermit’s Peak/Calf Canyon Fire for otherwise uncompensated resource losses for costs of reasonable efforts, as determined by the Administrator, incurred by the State of New Mexico not later than December 31, 2030, to design and construct a center for the purpose of researching, developing, and generating native seedlings.
(ii) Limitation
The payment of a claim under this Act may not include amounts to design or construct a center described in clause (i) until after all claims by an injured person that are pending on the date of enactment of this subparagraph are paid or otherwise resolved.

Sec. 124. Contract preference for local contractors for certain hazardous fuel reduction projects

(a) In general

Title I of the Healthy Forests Restoration Act of 2003 is amended—

(1)

by redesignating sections 107 and 108 (16 U.S.C. 6517, 6518) as sections 108 and 109, respectively; and

(2)

by inserting after section 106 (16 U.S.C. 6516) the following:

107. Contract preference for local contractors for certain hazardous fuel reduction projects
(a) Definitions
In this section:
(1) Appropriate local contractor
The term appropriate local contractor means an entity that carries out, pursuant to a contract or agreement, 1 or more authorized projects located—
(A)
in a State in which—
(i)
the entity has its principal place of business, as certified by the entity or an individual representing the entity; and
(ii)
not fewer than 26 percent of the total workforce assigned to the applicable contract or agreement (including subcontractors at any tier) will reside, as certified by the entity or an individual representing the entity; or
(B)
within a 60-mile radius of the State in which the entity is registered as a business or has its principal place of business, as certified by the entity or an individual representing the entity.
(2) Authorized project
The term authorized project includes any activity carried out pursuant to—
(A)
an authorized hazardous fuel reduction project; or
(B)
a fireshed management project (as defined in section 2 of the Fix Our Forests Act).
(3) Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(b) Contract preference
Effective beginning on the date of enactment of the Fix Our Forests Act, the Secretary shall give preference in awarding a contract to carry out an authorized project in a State to an appropriate local contractor, to the maximum extent practicable.
(c) Report
Not later than 2 years after the date of enactment of the Fix Our Forests Act, and not less frequently than annually thereafter, the Secretary shall submit to Congress a report that includes—
(1)
a quantitative analysis of the number and percentage of contracts awarded to appropriate local contractors, the total dollar value of those contracts, and an assessment of the economic impact of the contract preference under subsection (b) on local employment and contractor capacity;
(2)
a description of the reasons for awarding a contract to carry out an authorized project in a State to an individual or entity that is not an appropriate local contractor; and
(3)
a description of the implementation by the Secretary of this section.
(d) Monitoring and evaluation
(1) In general
The Secretary shall establish a monitoring and evaluation process—
(A)
to assess compliance with the requirements of this section, including the contract preference under subsection (b); and
(B)
to support the reports required under subsection (c).
(2) Participants
The process described in paragraph (1) may include participation by—
(A)
any cooperating governmental agencies, including Tribal governments; and
(B)
any other interested groups or individuals.

(b) Clerical amendment

The table of contents contained in section 1(b) of the Healthy Forests Restoration Act of 2003 (Public Law 108–148; 117 Stat. 1887) is amended by striking the items relating to sections 107 and 108 and inserting the following:

Sec. 107. Contract preference for local contractors for certain hazardous fuel reduction projects.
Sec. 108. Effect of title.
Sec. 109. Authorization of appropriations.

Subtitle C Litigation reform

Sec. 131. Litigation reform

(a) Definitions

In this section:

(1) Agency document

The term agency document, with respect to a fireshed management project, means a record of decision, decision memorandum, 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; and

(D)

any other agency action as part of a fireshed management project.

(3) NEPA terms

(b) Limitations on judicial review

(1) Limitations on injunctive relief

(A) Temporary delay of covered agency action

(i)

subject to subparagraph (C), such preliminary injunction is in the public interest;

(ii)

the balance of equities favors the plaintiff;

(iii)

the plaintiff is likely to succeed on the merits; and

(iv)

the plaintiff is likely to suffer irreparable injury in the absence of preliminary relief.

(B) Permanent limit on agency action

(i)

subject to subparagraph (C), such permanent injunction or order is in the public interest;

(ii)

the balance of equities favors the plaintiff;

(iii)

the plaintiff has suffered or will suffer irreparable injury; and

(iv)

no adequate remedy is available at law.

(C) Public interest determination

(i) In general

(I)

the purpose for which an agency is undertaking the fireshed management project relating to such covered agency action;

(II)

the likelihood that the fireshed management project will achieve the stated purpose of the fireshed management project; and

(III)

(ii) Weight of public interest factor

(2) Remand

(A) In general

(B) Vacatur

(i) In general

In remanding a matter to an agency under subparagraph (A), the court shall remand with vacatur only if—

(I)

the seriousness of any deficiencies in the covered agency action weigh in favor of vacatur; and

(II)

(ii) Considerations

In making the determination described in clause (i)(II), the court shall consider whether vacatur would cause—

(I)

any significant increases in wildfire risk or severity, and

(II)

any significant threats to the health of the ecosystem.

(C) Effect of remand on agency

In the case of a covered agency action subject to remand without vacatur, or with partial vacatur, pursuant to this paragraph, the agency may—

(i)

(ii)

(3) Preservation of authority

Nothing in this section alters, limits, or displaces the authority of a court to review a covered agency action under section 706(2) of title 5, United States Code.

(c) Limitations on claims

Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a covered agency action shall be barred unless—

(1)

(2)

(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.

Sec. 132. 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.

Subtitle D Prescribed fire

Sec. 141. Prescribed fire eligible activities, policies, and practices

(a) Definition of prescribed fire

(1) In general

In this section, the term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state—

(A)

under specified environmental conditions that are intended to allow the fire—

(i)

to be confined to a predetermined area; and

(ii)

to produce the fireline intensity and rate of spread required to attain planned resource management objectives; and

(B)

in accordance with applicable law (including regulations).

(2) Exclusion

In this section, the term prescribed fire does not include a fire that is ignited for the primary purpose of pile burning.

(3) Cultural burning

In this section, the term prescribed fire includes specified cultural burning activities that an Indian Tribe designates for treatment as prescribed fire for the purposes of this section.

(b) Eligible activities

(1) In general

The Secretary concerned may carry out eligible activities described in paragraph (2) for hazardous fuels management with respect to land under the jurisdiction of the Secretary concerned.

(2) Description of activities

The activities referred to in paragraph (1) are—

(A)

with respect to prescribed fires on Federal land, or on non-Federal land if the Secretary concerned determines that such activities would benefit resources on Federal land—

(i)

entering into procurement contracts or cooperative agreements for prescribed fire activities;

(ii)

issuing grants from an existing grant program to a State, Indian Tribe, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the implementation of prescribed fires, including—

(I)

carrying out necessary environmental reviews;

(II)

carrying out any site preparation necessary for implementing prescribed fires; and

(III)

conducting any required pre-ignition cultural and environmental surveys; and

(iii)

conducting outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners;

(B)

implementing prescribed fires on non-Federal land, if the Secretary concerned determines that the prescribed fire would benefit Federal land, including—

(i)

carrying out necessary environmental reviews;

(ii)

carrying out any site preparation necessary for implementing prescribed fires; and

(iii)

conducting any required pre-ignition cultural and environmental surveys;

(C)

providing training for prescribed fire and basic smoke management practices to Federal employees and cooperators;

(D)

conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management; and

(E)

providing technical or financial assistance to a State, Indian Tribe, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the purpose of providing training for prescribed fire or basic smoke management practices, consistent with any standards developed by the National Wildfire Coordinating Group or State-prescribed fire standards.

(3) Prioritization

(A) In general

(B) Requirement

In establishing criteria under subparagraph (A), the Secretary concerned shall give priority to a project that is—

(i)

implemented across a large contiguous area;

(ii)

cross-boundary in nature;

(iii)

located in an area that is—

(I)

within or adjacent to the wildland-urban interface and identified as a priority area in a statewide forest action plan, fireshed assessment, or community wildfire protection plan; or

(II)

identified by the Secretary of the Interior, in consultation with the appropriate Indian Tribe, as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe identified by the Secretary concerned, in consultation with the appropriate Indian Tribe;

(iv)

on land that is at high or very high risk of experiencing a wildfire that would be difficult to suppress;

(v)

in an area that is designated as critical habitat and in need of ecological restoration or enhancement that can be achieved with the aid of prescribed fire; or

(vi)

supportive of potential operational delineations or strategic response zones.

(c) Policies and practices

The Secretary concerned, in coordination with State and local governments and Indian Tribes, shall develop a prescribed fire operational strategy for each region of the National Forest System or the Department of the Interior, as applicable, that describes—

(1)

the fire deficit, by region; and

(2)

staffing and funding needs to address the fire deficit described in paragraph (1).

Sec. 142. Human resources

(a) Competencies for firefighters

(1)

in order to reduce the time required to obtain such a certification; and

(2)

such that significant experience, gained exclusively during a prescribed fire, is required to obtain such a certification.

(b) Enhancing interoperability between Federal and non-Federal practitioners

(1) Qualification databases and dispatch systems

(2) Partnership agreements

The Secretaries may—

(A)

(B)

create agreements and structures necessary to include non-Federal and other nontraditional partners in direct work with Federal agencies to address prescribed fires; and

(C)

treat any prescribed fire practitioner meeting the National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.

Sec. 143. Liability of prescribed fire managers

(a) Definitions

In this section:

(1) Covered activity

The term covered activity means an activity carried out on Federal land directly related to a wildland fire, prescribed fire, or prescribed fire with cultural objectives in the course of executing a Federal action.

(2) Covered entity

The term covered entity means a non-Federal entity that—

(A)

carries out a covered activity; and

(B)

is acting—

(i)

under the direct supervision of a Federal employee; and

(ii)

within the scope of a contract or agreement in carrying out that covered activity.

(b) Indemnity of Federal and Tribal employees

The Secretaries, in coordination with the Attorney General, shall develop a voluntary training course for employees involved in covered activities describing—

(1)

liability protections afforded to those employees when acting within the scope of their employment;

(2)

the limits on any liability protections under paragraph (1); and

(3)

reimbursements available for qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (5 U.S.C. prec. 5941 note).

(c) Indemnity of other cooperators

(1) In general

Effective beginning on the date of enactment of this Act, a covered entity shall be considered to be an employee of the Federal Government for purposes of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), while that covered entity carries out any covered activity.

(2) Guidance

Not later than 1 year after the date of enactment of this Act, the Secretaries, in consultation with the Attorney General, shall issue guidance regarding the necessary provisions of, and implementation requirements for, contracts or agreements that would extend liability protection to covered entities pursuant to paragraph (1).

(3) Reimbursement

Beginning in the first fiscal year that begins after the date of enactment of this Act, the Secretaries shall request, through annual appropriations, funds sufficient to reimburse the Treasury for any claims paid during the preceding fiscal year pursuant to paragraph (1).

(d) Effect

Nothing in this section limits or otherwise affects the application of—

(1)

any statutory or judicial immunity to any Federal employee;

(2)

chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), to any Federal employee; or

(3)

section 314 of Public Law 101–512 (25 U.S.C. 5321 note).

Sec. 144. Environmental review

(a) Smoke management agencies

(1) Policy

The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection—

(A)

to facilitate greater use of prescribed fire in a safe and responsible manner, with appropriate monitoring to prevent prescribed fires from exceeding containment;

(B)

to address public health and safety, including impacts from smoke from wildfires and prescribed fires; and

(C)

to improve and leverage smoke modeling and smoke monitoring using existing systems and programs, including the Interagency Wildland Fire Air Quality Response Program established under section 1114(f) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b–1(f)), to provide consistent forecasts on air quality impacts from wildfire and prescribed fire.

(2) Coordination among Federal, Tribal, and State air quality agencies and Federal, Tribal, and State land management agencies

(A)

to the maximum extent practicable, to provide State, Tribal, and local air quality agencies with guidance, data, imagery, or modeling to support the development of exceptional event demonstrations for prescribed fire in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations);

(B)

to develop archives and automated tools to provide State, Tribal, and local air quality agencies with the data, imagery, and modeling under subparagraph (A);

(C)

(D)

(i)

to promote basic smoke management practices and other best practices to protect the public from wildfire smoke;

(ii)

to disseminate information about basic smoke management practices;

(iii)

to educate landowners that use prescribed fire about the importance of—

(I)

using basic smoke management practices; and

(II)

including basic smoke management practices as a component of a prescribed fire plan;

(iv)

to share with the public information, in coordination with other State and local agencies with responsibility for smoke monitoring or regulation, about measures that individuals can take to protect themselves from wildfire smoke; and

(v)

to promote further development of smoke-ready efforts to allow communities to be prepared for smoke, including promotion of smoke planning in community wildfire protection plans; and

(E)

to develop guidance and tools to streamline the demonstration of a clear causal relationship between prescribed fire smoke and a related exceedance or contribution to an exceedance of a national ambient air quality standard.

(3) Programs and research

To address the public health and safety concerns of the expanded use of prescribed fire under this subtitle, the Secretaries, in coordination with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and Prevention, shall conduct research to improve or develop—

(A)

wildfire smoke prediction models;

(B)

smoke impact display tools for the public and decisionmakers, including for health impacts and transportation safety;

(C)

appropriate, cost-effective, and consistent communications strategies to mitigate the impacts of smoke from prescribed fire on nearby communities;

(D)

consistent nationally and scientifically supported messages regarding personal protection equipment for the public;

(E)

prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability; and

(F)

air quality and atmospheric deposition monitoring to understand smoke impacts of wildland fires.

(b) Development of landscape-scale Federal prescribed fire plans

(1) Inclusion of landscape-scale prescribed fire plans

The Secretary concerned, with respect to units of the National Forest System and Bureau of Land Management districts with existing prescribed fire programs—

(A)

not later than 1 year after the date of enactment of this Act, shall determine which of those units or districts have landscape-scale prescribed fire plans;

(B)

not later than 2 years after the date of enactment of this Act, shall—

(i)

determine whether each plan described in subparagraph (A) requires revision; and

(ii)

establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and

(C)

may develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale prescribed fire plans, as determined appropriate by the Secretary concerned.

(2) Environmental compliance

In carrying out paragraph (1), the Secretary concerned shall—

(A)

comply with—

(i)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(iii)

division A of subtitle III of title 54, United States Code; and

(iv)

any other applicable laws; and

(B)

consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection.

(3) Collaborative development

In carrying out paragraph (1), the Secretary concerned shall collaborate with diverse actors from academia, the Forest Service and Bureau of Land Management research and development offices, nongovernmental organizations, Indian Tribes, and other entities, as determined appropriate by the Secretary concerned.

(4) Reports

Sec. 145. Cooperative agreements and contracts for prescribed fire

(a) Agreements and contracts

(1) Definition of eligible entity

In this subsection, the term eligible entity means a State, an Indian Tribe, a unit of local government, a fire district, a nongovernmental organization, and a private entity.

(2) Authorization

The Secretaries may each enter into a cooperative agreement or contract with an eligible entity, for a period of not longer than 10 years, that authorizes the eligible entity—

(A)

to coordinate, plan, or conduct a prescribed fire on Federal land; or

(B)

to conduct a prescribed fire training event.

(3) Subcontracts

A State, Indian Tribe, county, or eligible entity that enters into a cooperative agreement or contract under paragraph (1) may enter into a subcontract, in accordance with applicable employment and contracting laws and procedures of the State, Indian Tribe, county, or eligible entity—

(A)

to conduct a prescribed fire on Federal land; or

(B)

to conduct a prescribed fire training event pursuant to that cooperative agreement or contract.

(4) Applicable law

A prescribed fire conducted pursuant to this subsection shall be carried out on a project-by-project basis under—

(A)

existing authorities of the applicable Federal agency responsible for the management of the applicable Federal land; and

(B)

the employment and contracting laws of an Indian Tribe in accordance with paragraph (3), as applicable.

(5) Preservation of decision authority

(b) Tribal Forest Protection Act of 2004 amendments

The Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868) is amended by adding at the end the following:

4. Tribal prescribed burn demonstration project
(a) In general
The Secretary may enter into a contract or agreement with an Indian Tribe under this Act that provides for prescribed burns on Federal land pursuant to this section.
(b) Scope
Notwithstanding any other provision of law, a contract or agreement entered into under this section may—
(1)
use a burn plan that, on approval by the Secretary, allows multiple prescribed burns to be conducted in accordance with the burn plan to eliminate the need for individual burn plans for each prescribed burn and enable forest managers to have the flexibility to conduct prescribed burns when conditions allow; and
(2)
include terms that—
(A)
the Secretary may authorize an Indian Tribe to plan, coordinate, and execute prescribed burns on the behalf of the Secretary within the scope of the burn plan including applying the National Wildfire Coordinating Group standards for prescribed fire planning and implementation, to the extent authorized by Federal law;
(B)
any applicable Federal standard that requires a certain number of personnel to be on-hand during prescribed burns may be satisfied by regional Federal, State, or Tribal resources and personnel; and
(C)
where appropriate, the Secretary shall work with other Federal agencies and Tribal, State, and local governments to coordinate and communicate the shared objectives of the prescribed burn and ensure activities comply with applicable law and regulations.

(c) Cooperative Funds and Deposits Act amendments

Public Law 94–148 (commonly known as the Cooperative Funds and Deposits Act) is amended—

(1)

in the first sentence of the first section (16 U.S.C. 565a–1), by inserting prescribed fire and prescribed fire training events, after including fire protection,; and

(2)

in section 2 (16 U.S.C. 565a–2), by inserting , section 4 of the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868), or section 145(a) of the Fix Our Forests Act after authorized by section 1.

Sec. 146. Facilitating responsible use of prescribed fire

The Secretary, acting through the Chief of the Forest Service, shall—

(1)

use all available resources to ensure prescribed burns conducted by the Forest Service are extinguished; and

(2)

Title II Protecting communities at risk

Subtitle A Community wildfire risk reduction

Sec. 201. Community Wildfire Risk Reduction Program

(a) Establishment

Not later than 120 days after the date of enactment of this Act, the Secretaries and the Secretary of Homeland Security, acting through the Administrator of the United States Fire Administration, shall jointly establish an interagency program, to be known as the Community Wildfire Risk Reduction Program (referred to in this section as the Program), which shall consist of at least 1 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.

(11)

The National Wildfire Coordinating Group.

(b) Purpose

(1)

advancing research and science in wildland fire resilience, land management, and risk reduction in the built environment, including support for non-Federal research partnerships;

(2)

using current programming already available to Federal agencies;

(3)

(4)

supporting adoption by Indian Tribes and local governmental entities of fire-resistant building methods, codes, and standards;

(5)

supporting efforts by Indian Tribes and local governmental entities to address the effects of wildland fire on those communities, including property damages, air quality, and water quality;

(6)

encouraging public-private partnerships to conduct hazardous fuels management activities near and within the wildland-urban interface, including creating or improving defensible space around structures;

(7)

(A)

to encourage critical risk-reduction measures on private property with high wildland fire risk exposure in those communities; and

(B)

to mitigate costs for, and improve capacity among, those communities;

(8)

reducing risk in the built environment by encouraging increased mitigation measures, such as the use of ignition-resistant construction and retrofitting materials;

(9)

coordinating budgets among the agencies described in subsection (a) to identify gaps and reduce overlap;

(10)

supporting the integration of wildland fire risk reduction measure and technical assistance into existing Federal programs, where practicable; and

(11)

advancing the development of early wildfire detection and warning systems for rapid response and community alerts.

(c) Portal and uniform grant application

(1) In general

(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. 762).

(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 section 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 of the Federal Emergency Management Agency shall seek to reduce the complexity and length of the application process for the forms of assistance 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) Duties

In carrying out this section, the representatives described in subsection (a) shall—

(1)

meet not less frequently than once per year;

(2)

ensure coordination, as appropriate, with other Federal agencies not identified in that subsection; and

(3)

seek to gather feedback, as appropriate, from States, Indian Tribes, local governments, academic or research institutions, private entities, and such other entities as the Secretaries and the Secretary of Homeland Security, acting through the Administrator of the United States Fire Administration, determine to be appropriate, to improve the function and operation of the Program.

(e) Coordination

The Secretaries and the Secretary of Homeland Security, acting through the Administrator of the United States Fire Administration, shall seek to ensure that States and Indian Tribes are invited and represented in meetings and other activities under this section.

(f) Report

Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Program, acting through the representatives described in subsection (a), shall submit to the relevant committees of Congress a report that—

(1)

describes the activities carried out under the Program during the 2 preceding years;

(2)

assesses the management, coordination, implementation, and effectiveness of Program activities;

(3)

suggests improvements for the coordination and engagement of the Program with States, Indian Tribes, units of local government, and at-risk communities;

(4)

assesses trends and developments in science and engineering relating to wildfire risk reduction in the built environment, land-use planning, and vegetation management that could be used to improve the effectiveness or efficiency of the Program;

(5)

provides recommendations, to the maximum extent practicable—

(A)

to improve the Program, including the ability of the Program to provide financial or technical assistance to States, Indian Tribes, units of local government, and at-risk communities; and

(B)

to modify existing requirements for Federal assistance or programs that support community wildfire risk reduction to improve the delivery, effectiveness, or availability of such assistance or programs;

(6)

describes and itemizes the total amount of funding relating to community wildfire risk reduction that was obligated during the 2 preceding fiscal years by the agencies described in subsection (a); and

(7)

describes any feedback incorporated from non-Federal stakeholders to improve the function and operation of the Program.

(g) Sunset

The Program terminates 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

(b) Program priorities

In carrying out the Program, the Secretaries shall evaluate efforts and opportunities on or after the date of enactment of this Act to establish 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)

preparation for wildland fire smoke;

(4)

subdivision design and other land-use planning and design;

(5)

landscape architecture; and

(6)

other wildfire-resistant designs, as determined by the Secretaries.

(c) Community wildfire defense innovation prize

(1) In general

(2) Prize

(3) Scale

In awarding a prize under paragraph (2), the Secretaries shall prioritize for an award designs with the greatest potential to scale to existing infrastructure.

(d) Collaboration and nonduplication

In carrying out the Program, the Secretaries shall ensure collaboration and nonduplication of activities with the Building Technologies Office of the Department of Energy.

(e) Coordination

In carrying out the Program, the Secretaries shall coordinate with the Administrator of the United States Fire Administration.

(f) Sunset

The Program terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 203. Community wildfire defense grant program improvements

Section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)) is amended—

(1)

by striking paragraph (1)(B), and inserting the following:

(B)
to carry out projects, including—
(i)
landscape and hazardous fuels reduction treatments;
(ii)
the retrofit, modification, or maintenance of a structure to improve resistance to fire;
(iii)
creating defensible space around structures to improve resistance to fire;
(iv)
hardening infrastructure, including evacuation routes, to improve resistance to fire;
(v)
any other project described in a community wildfire protection plan that is not more than 10 years old; and
(vi)
deployment of wildfire technologies determined to be successful under section 303 of the Fix Our Forests Act.;

(2)

in paragraph (2)—

(A)

in subparagraph (B), by striking or at the end;

(B)

in subparagraph (C), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(D)
located in a fireshed management area (as defined in section 2 of the Fix Our Forests Act).; and

(3)

in paragraph (3)—

(A)

in subparagraph (C)(i), by striking continental; and

(B)

by adding at the end the following:

(D) Limitation on administrative expenses
Not more than 7 percent of funds obligated under this subsection may be used for administrative expenses incurred by the Secretary of Agriculture.

Sec. 204. Updated definition of at-risk community

Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended by striking paragraph (1) and inserting the following:

(1) At-risk community
The term at-risk community means an area that is composed of—
(A)
an interface community (as defined in the notice entitled Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire (66 Fed. Reg. 753 (January 4, 2001)) issued by the Secretary of Agriculture and the Secretary of the Interior in accordance with title IV of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 1009));
(B)
a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) at risk from wildfire, as recognized in a fireshed, State, Tribal, local, regional, territorial, or national wildfire risk assessment; or
(C)
a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes), as determined by the Secretary of Agriculture.

Subtitle B Vegetation management, reforestation, and local fire risk mitigation

Sec. 211. 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) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)) is amended—

(1)

in the matter preceding clause (i), by striking likely to— and inserting likely—;

(2)

in clause (i), by inserting to after the clause designation; and

(3)

in clause (ii), by striking come within 10 and inserting to come within 150.

(b) Consultation with private landowners

Section 512(c)(3)(E) of the Federal Land Policy and Management Act of 1976 (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) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is amended by striking clause (iv) and inserting the following:

(iv)
ensures that—
(I)
a plan submitted without a modification under clause (iii) shall be automatically approved by the date that is 120 days after the date of submission; and
(II)
for a plan submitted with a modification under clause (iii), if the plan is not approved by the date that is 120 days after the date of submission, the Secretary concerned shall develop and submit to the owner and operator a letter describing—
(aa)
a detailed timeline (to conclude by the date that is 165 days after the date of submission of the plan) for completing review of the plan;
(bb)
any identified deficiencies in the plan and specific opportunities for the owner or operator to address each deficiency; and
(cc)
any other relevant information, as determined by the Secretary concerned.

(d) Technical corrections

Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended—

(1)

in the section heading, by striking managment and inserting management; and

(2)

in subsection (c)(4)(A)(ii), by striking and at the end.

(e) Vegetation management plan review

(1)

the extent to which those vegetation management plans under are reviewed and approved within the 120-day period required under subsection (c)(4)(A)(iv) of that section;

(2)

for any vegetation management plan not reviewed and approved by the applicable deadline described in paragraph (1), the reason for any delay in review or approval; and

(3)

for any vegetation management plan submitted for review and approval for which the Secretary concerned requested a modification, the timeline for reviewing the modification on resubmission.

Sec. 212. Fire-safe electrical corridors

Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended—

(1)

by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

(2)

by inserting after subsection (i) the following:

(j) Permits and agreements with owners and operators of electric transmission or distribution facilities
(1) In general
In any special use permit or easement on National Forest System land or land under the jurisdiction of the Bureau of Land Management provided to the owner or operator of an electric transmission or distribution facility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within striking distance of the electric transmission or distribution facility without requiring a separate timber sale, if that cutting and removal is consistent with—
(A)
the applicable plan;
(B)
the applicable land and resource management plan or land use plan; and
(C)
other applicable environmental laws (including regulations).
(2) Use of proceeds
A special use permit or easement that includes permission for cutting and removal described in paragraph (1) shall include a requirement that, if the owner or operator of the electric transmission or distribution facility sells any portion of the material removed under the permit or easement, the owner or operator shall provide to the Secretary concerned any proceeds received from the sale, less any costs incurred in 1 or both of the following activities:
(A)
Carrying out the project.
(B)
Maintenance within the vicinity of the electric transmission or distribution facility that reduces fire risk.
(3) Effect
Nothing in paragraph (2) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in paragraph (1).

Sec. 213. Categorical exclusion for high-priority hazard trees

(a) Definitions

In this section:

(1) High-priority hazard tree

The term high-priority hazard tree means a standing tree that—

(A)

presents a visible hazard to people or property due to conditions such as deterioration of, or damage to, the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary;

(B)

is determined by the Secretary to be highly likely to fail and, on failure, would be highly likely to cause injury to people or damage to Federal property; and

(C)

is located—

(i)

within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5;

(ii)

along a National Forest System trail; or

(iii)

in a developed recreation site on National Forest System land that is operated and maintained by the Secretary.

(2) High-priority hazard tree activity

(A) In general

(B) Exclusions

The term high-priority hazard tree activity does not include any activity—

(i)

conducted in a wilderness area or wilderness study area;

(ii)

for the construction of a permanent road or permanent trail;

(iii)

conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

(iv)

conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or

(v)

conducted in an inventoried roadless area.

(b) Categorical exclusion

(1) In general

(2) Administration

In developing and administering the categorical exclusion under paragraph (1), the Secretary shall—

(A)

comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)

apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion.

(3) Project size limitation

A project carried out using the categorical exclusion developed under paragraph (1) may not exceed 6,000 acres.

Sec. 214. Seeds of Success strategy

(a) Establishment

Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly develop and implement a strategy, which may be an update to or expansion of existing efforts, to be known as the Seeds of Success strategy, to enhance the domestic supply chain of seeds, which may include herbaceous and tree seeds.

(b) Elements

The strategy developed 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 relating to native or fire-resistant vegetation and sharing that information with Indian Tribes and State and local governments.

(4)

(5)

(6)

Expanding warehouse systems of the Secretaries, particularly the cold storage capacity of the systems.

(7)

Shortening the timeline for the approval of permits to collect seeds on public land managed by the Bureau of Land Management.

(8)

Coordinating with the other Federal agencies, States, Indian Tribes, and private entities, as appropriate, for the purpose of seed collection.

(c) Report

The Secretaries shall submit to the relevant committees of Congress the strategy developed under subsection (a).

(d) Coordination

Sec. 215. Program to support priority reforestation and restoration projects

(a) Reforestation reports submitted to additional committees

(b) Interior reforestation program

(1) Definitions

In this subsection:

(A) Covered institution of higher education

The term covered institution of higher education means a land-grant college or university, including—

(i)

an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

(ii)

an 1890 Institution (as defined in that section);

(iii)

an institution that is eligible to receive funding under Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962); and

(iv)

a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

(B) Natural regeneration; reforestation; unplanned event

(C) Priority land

The term priority land means historically forested land under the jurisdiction of the Secretary concerned that, due to an unplanned event—

(i)

requires reforestation to meet the objectives described in an applicable land use plan; and

(ii)

is unlikely to experience natural regeneration.

(2) Program establishment

(3) Support

In carrying out the program established under paragraph (2), the Secretary of the Interior may enter into—

(A)

cooperative agreements in accordance with processes established by the Secretary of the Interior; and

(B)

contracts, including contracts entered into pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).

(4) 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 shall—

(A)

identify priority land within the United States;

(B)

(C)

estimate the costs necessary to implement the list established under subparagraph (B).

(5) Consultation

In carrying out the program under this subsection, the Secretary of the Interior shall consult or coordinate with, as appropriate—

(A)

applicable State and local governments;

(B)

applicable Indian Tribes;

(C)

covered institutions of higher education;

(D)

Federal agencies that administer Federal land that adjoins, or is adjacent to, land that is the subject of a project identified under paragraph (4)(B); and

(E)

other stakeholders, at the discretion of the Secretary of the Interior.

(6) Annual report

(A)

An accounting of all priority land.

(B)

A list of projects identified under paragraph (4)(B).

(C)

An accounting of any progress made on projects identified in any previous report under this paragraph.

(D)

An accounting of each contract and cooperative agreement established under the program under this subsection.

(E)

(7) Funding source report

Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the relevant committees of Congress, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that describes options for dedicated Federal funding other than annual appropriations to support existing and anticipated reforestation needs, including seed and seedling availability.

(8) 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 214.

Sec. 216. Reforestation, nurseries, and genetic resources support

(a) Definitions

In this section:

(1) Eligible recipient

The term eligible recipient means—

(A)

a State forestry agency;

(B)

an Indian Tribe; and

(C)

a private nursery or seed orchard that has experience, as determined by the Secretary, in growing high-quality native trees or seeds of appropriate genetic sources in bareroot or container stocktypes specific for reforestation, restoration, or conservation, including native plants and seeds that are of cultural significance to Indian Tribes.

(2) Nursery

The term nursery means a tree or native plant nursery.

(3) Seed orchard

The term seed orchard means a tree or native plant seed orchard.

(b) Partnerships, collaboration, and other assistance in support of nurseries and seed orchards

The Secretary, acting through the Chief of the Forest Service, shall—

(1)

partner with Federal and State agencies, Indian Tribes, institutions of higher education, nonprofit organizations, and private nurseries to provide training, technical assistance, and research to nursery and tree establishment programs that support natural regeneration, reforestation, agroforestry, and afforestation;

(2)

promote information-sharing to improve technical knowledge and practices and understand reforestation needs and demands for seed or seedlings, climate change impacts, tree genetics for resistance to pathogens and drought, and other issues as necessary to address all facets of the reforestation supply chain;

(3)

(4)

(5)

coordinate the efforts of the Department of Agriculture—

(A)

to address the challenges associated with the reforestation supply chain, including workforce development; and

(B)

to leverage economic development assistance for work with private nurseries;

(6)

expand reforestation supply chains through science and research, seed collection and storage, workforce development, and nursery infrastructure and operations; and

(7)

shorten the timeline for the approval of permits to collect seeds on National Forest System land.

(c) Nursery and seed orchard grants

(1) In general

(2) Eligible projects

An eligible recipient that receives a grant under paragraph (1) shall carry out a project that comprises 1 or more of the following activities:

(A)

The development, expansion, enhancement, or improvement of nursery production capacity or other infrastructure—

(i)

to improve seed collection and storage;

(ii)

to increase seedling production, storage, and distribution; or

(iii)

to enhance seedling survival and properly manage tree genetic resources.

(B)

The establishment or expansion of a nursery or seed orchard, including by acquiring equipment for a nursery or seed orchard.

(C)

The development or implementation of quality control measures at nurseries or seed orchards.

(D)

The promotion of workforce development within any facet of the reforestation supply chain.

(E)

Such other activities as the Secretary determines to be appropriate.

Sec. 217. Fire department repayment

(a) Establishment of standard operating procedures

Not later than 1 year after the date of enactment of this Act, the Secretaries shall—

(1)

(2)

with respect to each fire suppression cost-share agreement in operation on that date—

(A)

review the agreement; and

(B)

modify the agreement as necessary to comply with the standard operating procedures established under paragraph (1).

(b) Alignment of agreements

(c) Payments

With respect to payments made pursuant to a fire suppression cost-share agreement, the standard operating procedures under subsection (a)(1) shall require that the paying entity shall reimburse a local fire department or a State wildland firefighter agency if that entity submits to the paying entity an invoice in accordance with applicable cost settlement procedures.

(d) Sense of Congress

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) Definitions

In this section:

(1) Biochar

The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for a nonfuel use.

(2) Eligible entity

The term eligible entity means—

(A)

a unit of State or local government or Indian Tribe;

(B)

a special district;

(C)

an eligible institution;

(D)

a public, private, or cooperative entity or organization;

(E)

a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); and

(F)

a partnership or consortium of 2 or more entities described in subparagraphs (A) through (E).

(3) Eligible institution

The term eligible institution means a land-grant college or university, including—

(A)

an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

(B)

an 1890 Institution (as defined in that section);

(C)

an institution that is eligible to receive funding under Public Law 87–788 (commonly known as the McIntire-Stennis Act of 1962); and

(D)

a 1994 Institution (as defined in section 532 of the 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) Secretaries

The term 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.

(b) Demonstration projects

(1) Establishment

(A) In general

(B) Location

(i)

at least 1 demonstration project is carried out in each region of the Forest Service; and

(ii)

at least 1 demonstration project is carried out in each region of the Bureau of Land Management.

(2) Proposals

(3) Priority

(A)

have the most potential to improve forest health and resiliency;

(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 restorative benefits of biochar with respect to forest health and resiliency, including forest soils and watersheds; or

(iv)

any combination of the purposes described in clauses (i) through (iii);

(D)

are located in areas that have a high need for biochar production, as determined by the Secretaries, due to—

(i)

nearby land identified as having high, 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 the purposes described in subparagraphs (A) through (D).

(4) Use of funds

In carrying out the program established under paragraph (1)(A), the Secretaries may enter into partnerships and provide funding to the partnerships to carry out demonstration projects—

(A)

to acquire and test various feedstocks and the efficacy of those feedstocks;

(B)

to develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;

(C)

to demonstrate—

(i)

the production of biochar from forest residue; and

(ii)

the use of biochar to restore forest health and resiliency;

(D)

to build, expand, or establish biochar facilities;

(E)

to conduct research relating to new and innovative uses of biochar;

(F)

to demonstrate cost-effective market opportunities for biochar and biochar-based products;

(G)

to carry out any other activities the Secretaries determine to be appropriate; or

(H)

to achieve any combination of the purposes described in subparagraphs (A) through (G).

(5) Feedstock requirements

(6) Review

(A) In general

(i)

the effects of that biochar on—

(I)

forest health and resiliency;

(II)

carbon 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; and

(V)

environmental remediation activities, including abandoned mine land remediation;

(ii)

the effectiveness of biochar as a coproduct 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 Secretaries, to the maximum extent practicable, shall provide data, analyses, and other relevant information collected under subparagraph (A) to recipients of grants under subsection (c).

(7) Limitation on funding for establishing biochar facilities

(c) Biochar research and development grant program

(1) Establishment

(2) Applications

(3) Use of funds

An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research relating to—

(A)

the effect of biochar on forest health and resiliency, taking into account variations in biochar, soil, climate, and other factors;

(B)

the effect of biochar on soil health, water retention, and air quality emissions, taking into account variations in biochar, soil, climate, and other factors;

(C)

the long-term carbon sequestration potential of biochar;

(D)

best management practices with respect to biochar and biochar-based products that maximize—

(i)

carbon sequestration benefits; and

(ii)

(E)

the regional uses of biochar to increase productivity and profitability, including—

(i)

uses in agriculture and environmental remediation; and

(ii)

use as a coproduct 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.

(d) Reports

(1) Report to Congress

Not later than 2 years after the date of enactment of this Act, the 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 advancing biochar commercialization, including permitting and siting considerations.

(2) Materials submitted in support of President’s budget

(A)

each demonstration project carried out under subsection (b); and

(B)

each research and development grant provided under subsection (c).

(e) Sunset

The authority to carry out this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 302. Accurate hazardous fuels reduction reports

(a) Definitions

In this section:

(1) Federal land

The term Federal land means any land under the jurisdiction of—

(A)

the Secretary; or

(B)

the Secretary of the Interior.

(2) Hazardous fuels reduction activity

(A) In general

The term hazardous fuels reduction activity means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments, grazing, and prescribed burning.

(B) Exclusion

The term hazardous fuels reduction activity does not include the awarding of a contract to conduct an activity described in subparagraph (A).

(b) Materials submitted in support of President’s budget

(1) In general

(A)

the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and

(B)

the methodology described in paragraph (2).

(2) Requirements

For purposes of a 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 that 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 that acre during the applicable period; and

(B)

with respect to the acres of Federal land recorded in the report, include information relating to—

(i)

which acres are located in the wildland-urban interface;

(ii)

the level of hazard potential of the acres on the first and last day of the period covered by the report;

(iii)

the types of hazardous fuels reduction activities completed with respect to the acres, including a description of whether those hazardous fuels reduction activities were conducted—

(I)

in a wildfire managed for resource benefits; or

(II)

through a planned hazardous fuels reduction project;

(iv)

the cost per-acre of the hazardous fuels reduction 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 with respect to reducing the risk of wildfire.

(3) Transparency

The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture or the Department of the Interior, as applicable.

(c) Accurate data collection

(1) In general

(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 those data accurately correlate 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)

(3) Report

Not later than 45 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—

(A)

the standardized procedures; and

(B)

any programmatic or policy recommendations to Congress to address limitations in tracking data relating to hazardous fuels reduction activities under this subsection.

(d) 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 regarding the implementation of this section, including any limitations with respect to—

(A)

reporting hazardous fuels reduction activities under subsection (b); or

(B)

tracking data relating to hazardous fuels reduction activities under subsection (c); and

(2)

submit to Congress a report that describes the results of the study under paragraph (1).

(e) No additional funds authorized

(1) In general

No additional funds are authorized to carry out this section.

(2) Subject to appropriations

The activities authorized by this section are subject to the availability of appropriations made in advance for those 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 defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801));

(B)

the Department of Defense;

(C)

the Bureau of Indian Affairs;

(D)

the National Oceanic and Atmospheric Administration;

(E)

the Federal Emergency Management Agency;

(F)

the National Aeronautics and Space Administration;

(G)

the United States Fire Administration;

(H)

the General Services Administration;

(I)

a State, Tribal, county, or municipal fire department, fire district, land management agency, natural resources agency, or equivalent agency operating through the United States Fire Administration or pursuant to an agreement with a Federal agency; and

(J)

any other Federal agency involved in wildfire response.

(2) Covered entity

The term covered entity means—

(A)

a private entity;

(B)

a nonprofit organization; and

(C)

an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

(3) Pilot Program

The term Pilot Program means the deployment and demonstration pilot program established under subsection (b).

(b) Establishment

Not later than 1 year after the date of enactment of this Act, the Executive Director shall establish a deployment and demonstration pilot program for new and innovative wildfire prevention, detection, communication, response, and mitigation technologies.

(c) Functions

In carrying out the Pilot Program, the Executive Director shall—

(1)

consult with the National Wildfire Coordinating Group;

(2)

in consultation with the heads of the covered agencies, identify and advance the demonstration and deployment of key technology priority areas, including for mature and commercially available technologies, with respect to the deployment of wildfire prevention, detection, communication, and mitigation technologies, including—

(A)

innovations in hazardous fuels reduction activities or treatments, including the use of prescribed or cultural fire;

(B)

spatial planning for unplanned human-caused ignitions;

(C)

wildfire modeling and effectiveness algorithms;

(D)

dispatch communications;

(E)

remote sensing, detection, and tracking;

(F)

safety equipment;

(G)

common operating pictures or operational dashboards;

(H)

interoperable commercial data;

(I)

autonomous suppression systems;

(J)

grid resilience;

(K)

community resilience and home hardening; and

(L)

prioritization and decision support tools;

(3)

(4)

define clear criteria for evaluating the success of technologies (including mature and commercially available technologies) demonstrated under the Pilot Program, focusing on effectiveness, scalability, and cost-efficiency; and

(5)

coordinate with covered agencies to ensure the efficient deployment of scaled technologies, including through expanded public-private partnerships, multiagency contracting for procurement, and authorization of covered agency staff with technological procurement expertise to assist other covered agencies in need of that expertise.

(d) Applications

To be eligible to participate in the Pilot Program, a covered entity shall submit to the Executive Director an application at such time, in such manner, and containing such information as the Executive Director may require, including a proposal to demonstrate technologies specific to key technology priority areas identified under subsection (c)(2).

(e) Existing partnerships

(1) In general

A covered agency may submit a statement to the Executive Director describing the effectiveness, scalability, and cost-efficiency of an existing partnership, pilot project, or contract a covered entity providing a technology described in subsection (c)(2).

(2) Successfulness

The Executive Director may deem a technology described in a statement submitted under paragraph (1) to be a successful technology for purposes of this section.

(f) Outreach

The Executive Director, in coordination with the heads of the covered agencies, shall make publicly available the key technology priority areas identified under subsection (c)(2) and invite covered entities to apply under subsection (d) to deploy and demonstrate technologies to address those priority areas.

(g) Reports and recommendations

Not later than 180 days after the date of establishment of the Pilot Program, and annually thereafter for the duration of the Pilot Program, the Executive Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the relevant committees of Congress a report that includes the following with respect to the Pilot Program:

(1)

A brief description of potential technologies deployed and demonstrated.

(2)

An estimate of the cost of acquiring each such technology and applying the technology at scale.

(3)

Outreach efforts by covered agencies to covered entities developing wildfire technologies.

(4)

(5)

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.

(6)

Barriers and solutions for procurement of technologies by covered agencies.

(h) Sunset

The Pilot Program terminates 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 budget and accounting process of the Forest Service; and

(C)

the suitability and feasibility of establishing a new Federal agency with responsibility for responding to, and suppressing, wildfires on Federal land; and

(2)

submit to Congress a report that describes the results of the study under paragraph (1).

Sec. 305. Keeping forest plans current and monitored

(a) In general

The Secretary shall—

(1)

to the maximum extent practicable and subject to the availability of appropriations—

(A)

(B)

prioritize revising any forest plan not in compliance with that section;

(2)

(3)

(4)

(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 the administrative unit.

(b) Good faith updates

(1)

subsection (a) shall be void with respect to the plan; and

(2)

a court of competent jurisdiction may order completion of the plan on an accelerated basis.

(c) Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report summarizing the implementation of this section.

(d) Sunset

The authority under this section terminates on September 30, 2031.

Sec. 306. Container Aerial Firefighting System

(a) Evaluation

Not later than 1 year after the date of enactment of this Act, the Secretaries, 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 that system to mitigate and suppress wildfires.

(b) Report

Not later than 30 days after the date of completion of the evaluation under subsection (a), the Secretaries, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, shall jointly submit to the relevant committees of Congress a report that describes the results of the evaluation under subsection (a).

Sec. 307. Study on pine beetle infestation

Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Chief of the Forest Service, shall—

(1)

carry out a study relating to 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 committees of Congress a report that describes the results of the study under paragraph (1).

Sec. 308. Study on wildfire smoke

Not later than 1 year after the date of enactment of this Act, the Secretaries, in coordination with the Administrator of the Environmental Protection Agency, shall conduct and publish a study—

(1)

reviewing the 2 most recent international arrangements between the Secretaries and the Department of Natural Resources of Canada concerning the exchange of wildland fire management resources;

(2)

describing the wildland fire management resources exchanged under the international arrangements described in paragraph (1);

(3)

evaluating the effectiveness of the international arrangements described in paragraph (1) in reducing wildfire smoke in the United States; and

(4)

making recommendations on best practices to be used in international arrangements to reduce international wildfire smoke.

Subtitle B White oak resilience

Sec. 311. White Oak Restoration Initiative Coalition

(a) In general

There is established a coalition, to be known as the White Oak Restoration Initiative Coalition (referred to in this section as the Coalition)—

(1)

as a voluntary collaborative group of Federal, State, and local governments, Indian Tribes, and private and nongovernmental organizations the purpose of which is to carry out the duties described in subsection (b); and

(2)

in accordance with the charter entitled 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 referred to in subsection (a)(2), the duties of the Coalition are—

(1)

to coordinate Federal, State, Tribal, local, private, and nongovernmental activities for the restoration of white oak trees and forests that support white oak trees 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 trees;

(B)

adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and the resiliency of white oak trees;

(C)

(D)

research gaps that should be addressed to improve the best available science on white oaks;

(E)

outreach to forest landowners the land of which possesses white oak trees or white oak regeneration potential, as determined by the Coalition; and

(F)

options and policies necessary to improve the quality and quantity of white oak trees in tree nurseries.

(c) Administrative, staffing, and technical support

The Secretaries shall make available to the Coalition such personnel for administrative support, technical services, and the development and dissemination of educational materials as those Secretaries determine to be necessary to carry out this section.

(d) Private funding

Sec. 312. Forest Service pilot program

(a) In general

(b) Requirement

Of the pilot projects carried out under subsection (a), not fewer than 3 shall be carried out on units of the National Forest System that are reserved or withdrawn from the public domain.

(c) Cooperative agreements

The Secretary may enter into cooperative agreements to carry out the pilot projects under this section.

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 313. Department of the Interior white oak review and restoration

(a) Assessment

(1) In general

(A)

whether white oak trees are present on the land; and

(B)

the potential to restore white oak forests on the land.

(2) Use of information

(3) Report

(b) Pilot projects

(c) Cooperative agreements

The Secretary of the Interior may enter into cooperative agreements to carry out the pilot projects under subsection (b).

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 314. White oak regeneration and upland oak habitat

(a) Establishment

(b) Purposes

The purposes of the Program shall include—

(1)

coordinating restoration and conservation activities among Federal, State, and local entities, Indian Tribes, 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;

(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.

(c) Consultation

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;

(2)

the Governor of each State in which restoration efforts will be carried out pursuant to the Program; and

(3)

Indian Tribes.

(d) Duties

In carrying out the Program, the Secretary shall—

(1)

(2)

collaborate and coordinate with the White Oak Restoration Initiative Coalition established by section 311(a) 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 voluntary grant and technical assistance programs in accordance with subsection (e).

(e) Grants and assistance

(1) Definitions

In this subsection:

(A) Foundation

The term Foundation means the National Fish and Wildlife Foundation.

(B) Grant program

The term grant program means the voluntary grant and technical assistance program established under paragraph (2).

(2) Establishment

(3) Administration

(A) In general

The Secretary shall offer to enter into a cooperative agreement with the Foundation to manage and administer the grant program.

(B) Funding

(i)

on October 1 of that fiscal year; or

(ii)

as soon as practicable thereafter.

(4) Application of National Fish and Wildlife Foundation Establishment Act

(f) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 315. Tree nursery shortages

(a) In general

Not later than 1 year after the date of enactment of this Act, 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, and private tree nurseries and tree nurseries of Indian Tribes to address the nationwide shortage of tree seedlings; and

(2)

coordinate the strategy under paragraph (1) 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, including the consideration of Indigenous knowledge; 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 those opportunities;

(C)

opportunities to enhance seedling diversity, improve quality, quantity, genetic resources, and availability, 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) Definition of eligible institution

(b) Research

The Secretary may enter into a memorandum of understanding with an Indian Tribe or an eligible institution to collaboratively conduct research relating to—

(1)

white oak genes with resistance or tolerance to stress;

(2)

white oak trees that exhibit heritable vigor for the purpose of increasing survival and growth;

(3)

establishing a genetically diverse white oak seed 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 trees 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.

(c) Consultation

(d) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 317. National Institute of Food and Agriculture

(a) Partnerships

(1) In general

The Secretary, acting through the Director of the National Institute of Food and Agriculture, shall enter into a partnership with an eligible entity described in paragraph (2) to conduct research on improving white oak species resiliency, health, and preservation, including research on—

(A)

population-scale sequencing;

(B)

stress response traits;

(C)

seedling physiology and performance; and

(D)

white oak product development.

(2) Eligible entity

(A) In general

An eligible entity referred to in paragraph (1) is a land-grant college or university described in subparagraph (B) that has demonstrated—

(i)

scientific expertise relating to white oak;

(ii)

the ability to rapidly transfer technologies to the stave industry;

(iii)

geographic proximity to concentrated areas of white oak; and

(iv)

support for regional economic development.

(B) Land-grant colleges and universities

A land-grant college or university referred to in subparagraph (A) is—

(i)

an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));

(ii)

an 1890 Institution (as defined in that section); or

(iii)

a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

(b) Priorities

The Secretary, acting through the Director of the National Institute of Food and Agriculture, shall prioritize research relating to the resistance of white oak to disease, pest, heat, and drought in cultivated, new, and old-growth white oak timber stands.

Sec. 318. USDA formal initiative

(a) In general

(1)

to reestablish white oak forests where appropriate;

(2)

to improve the management of existing white oak forests to foster natural regeneration of white oak trees;

(3)

to provide technical assistance to private landowners to reestablish, improve the management of, and naturally regenerate white oak trees;

(4)

to improve and expand white oak nursery stock; and

(5)

to adapt and improve white oak seedlings.

(b) Sunset

The authority under this section terminates on the date that is 7 years after the date of enactment of this Act.

Sec. 319. Use of authorities

To the maximum extent practicable, the Secretaries 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. 2113a) (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. 6591c) (as amended by this Act).

Title IV Ensuring casualty assistance for firefighters

Sec. 401. Wildland Fire Management Casualty Assistance Program

(a) Definitions

In this section:

(1) Next-of-kin

(A)

A legal spouse of the individual.

(B)

A child (whether by current or prior marriage) aged 18 years or older of the individual, in descending order of precedence by age.

(C)

The father or mother of the individual, unless custody has been vested by court order in another individual, with an adoptive parent taking precedence over a natural parent.

(D)

A sibling (whether whole or half) aged 18 years or older of the individual, in descending order of precedence by age.

(E)

A grandfather or grandmother of the individual.

(F)

Any other relative of the individual, with the order of precedence to be determined in accordance with the civil laws of descent of the State of domicile of the individual at time of death.

(2) Program

The term program means the Wildland Fire Management Casualty Assistance Program established under subsection (b).

(b) Establishment

(1)

firefighters who, while in the line of duty—

(A)

are killed;

(B)

require hospitalization or treatment at a medical facility due to a critical injury; or

(C)

suffer illness as a result of an exposure or incident occurring during that line of duty; and

(2)

wildland fire support personnel who are killed or require hospitalization or treatment at a medical facility due to a critical injury in the line of duty.

(c) Elements

The program shall address each of the following:

(1)

The initial, and any subsequent, notification 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 critical injury or illness in the line of duty.

(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 critical injury or illness in the line of duty.

(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 of the reassignment of those officers to other duties.

(5)

Centralized short-term and long-term case management procedures for casualty assistance, including rapid access to expert case managers and counselors by—

(A)

survivors of firefighters or wildland fire support personnel; and

(B)

casualty assistance officers.

(6)

(7)

(8)

(9)

(d) No effect on other line-of-duty death benefits

The program shall not affect any existing authority for line-of-duty death benefits for Federal firefighters or wildland fire support personnel.

Title V Other matters

Sec. 501. Use of funds from cooperative funds agreements

(a) Definitions

In this section:

(1) Cooperative funds agreement

The term cooperative funds agreement means an agreement under—

(A)

the Act of June 30, 1914 (commonly known as the Cooperative Funds Act) (16 U.S.C. 498); or

(B)

section 1 of the Act of March 3, 1925 (16 U.S.C. 572).

(2) Secretary

The term Secretary means the Secretary, acting through the Chief of the Forest Service.

(b) Treatment

(1) In general

Except as provided in paragraph (2), notwithstanding any other provision of law, regulation, or agency decision, the Secretary shall fulfill the obligations of the Federal Government with respect to each cooperative funds agreement in effect on or after the date of enactment of this Act.

(2) Exceptions

The Secretary may waive the applicability of paragraph (1) to a cooperative funds agreement if—

(A)

the Secretary determines that 1 or more parties to the cooperative funds agreement have not fulfilled the obligations of the parties under the cooperative funds agreement; or

(B)

fulfilling the obligations of the Federal Government with respect to the cooperative funds agreement would violate section 1341 of title 31, United States Code.

(c) Limitations

(1) Federal employees

A Federal employee (including seasonal, permanent seasonal, and temporary employees) hired using funds provided under a cooperative funds agreement shall not, for the duration of the cooperative funds agreement, be subject to—

(A)

any limitation on hiring (commonly referred to as a hiring freeze);

(B)

any reduction in force; or

(C)

any deferred resignation or voluntary early retirement program.

(2) Non-Federal funds

The non-Federal funds provided to the Secretary pursuant to a cooperative funds agreement shall not be subject to any limitation on spending.

Sec. 502. Emergency forest watershed program

(a) Funding and administration

Section 404(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2204(b)) is amended by inserting to carry out section 401 after for a fiscal year.

(b) Emergency forest watershed program

Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by adding at the end the following:

408. Emergency forest watershed program
(a) Definitions
In this section:
(1) Emergency watershed protection measures
The term emergency watershed protection measures means measures that—
(A)
are necessary to address runoff, soil erosion, and flooding caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated—
(i)
would significantly impair or endanger the natural resources on the National Forest System land; and
(ii)
would pose an immediate risk to water resources or loss of life or property in connection to a sudden impairment of a National Forest System watershed or downstream of the National Forest System land or waterways; and
(B)
would maintain or restore forest health and forest-related resources on the National Forest System land.
(2) Natural disaster
The term natural disaster has the meaning given the term in section 407(a).
(3) Sponsor
The term sponsor means—
(A)
a State or local government;
(B)
an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(C)
a water district, water conservation district, water utility, or special district.
(b) Authorization
The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land.
(c) Agreements; payments
(1) In general
Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures.
(2) Requirements
(A) Project timelines
(i) In general
Following a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible.
(ii) Timeline
Each agreement under paragraph (1) shall include a timeline by which the sponsor shall complete all emergency watershed protection measures during the 2-year period following the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures.
(iii) Continued monitoring
A sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users.
(B) Payments
The Secretary, in accordance with an agreement entered into under paragraph (1)—
(i)
may make partial payments prior to completion of the applicable project; and
(ii)
shall make final payment for the project not later than 30 days after the date on which the project is completed.
(d) Waived matching requirements
The Secretary shall waive any matching requirements for payments made under subsection (c)(1).
(e) Liability
(1) In general
A sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement.
(2) Savings provision
Nothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures.
(f) Assumption of risk
A sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures.

Sec. 503. Improving the Emergency Conservation Program

Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended—

(1)

in subsection (b)—

(A)

in the subsection heading, by inserting and other emergency conservation measures after fencing;

(B)

in paragraph (1)—

(i)

by inserting or for other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), after replacement of fencing,; and

(ii)

by striking option of receiving and all that follows through the period at the end and inserting the following:

option of receiving, before the agricultural producer carries out the repair, replacement, or restoration—
(A)
with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary; and
(B)
with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary.; and

(C)

in paragraph (2), by striking 60-day and inserting 180-day; and

(2)

by adding at the end the following:

(c) Wildfire determination
A wildfire that causes damage eligible for a payment under subsection (a) includes—
(1)
a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes; and
(2)
a wildfire that is caused by the Federal Government.

Sec. 504. Improving the Emergency Forest Restoration Program

Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) is amended—

(1)

in subsection (a)(2), by striking wildfires, and inserting wildfires (including a wildfire that is not caused naturally, if the damage is caused by the spread of the wildfire due to natural causes, and a wildfire that is caused by the Federal Government),;

(2)

by redesignating subsection (e) as subsection (f); and

(3)

by inserting after subsection (d) the following:

(e) Advance payments
(1) In general
The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary.
(2) Return of funds
If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary.

Sec. 505. Establishment of a unified disaster assistance intake process and system

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following:

707. Establishment of a unified disaster assistance intake process and system
(a) Definitions
In this section:
(1) Administrator
The term Administrator means the Administrator of the Federal Emergency Management Agency.
(2) Applicant
The term applicant means—
(A)
an individual, business, or organization that applies for disaster assistance from a disaster assistance program;
(B)
an individual, business, or organization on behalf of which an individual described in subparagraph (A) applies for disaster assistance from a disaster assistance program; and
(C)
an individual, business, or organization that seeks assistance as a beneficiary of a State, local government, or Indian tribal government that received assistance under a disaster assistance program.
(3) Disaster assistance agency
The term disaster assistance agency means—
(A)
the Federal Emergency Management Agency; and
(B)
any Federal agency that provides disaster assistance to individuals, businesses, organizations, States, local governments, Indian tribal governments, communities, or organizations that the Administrator certifies as a disaster assistance agency in accordance with subsection (f) to carry out the purposes of a disaster assistance program.
(4) Disaster assistance information
The term disaster assistance information includes any personal, biographical, demographic, geographical, financial, application decision, or other information that a disaster assistance agency, or a recipient of a Federal block grant from a disaster assistance agency, is authorized to collect, maintain, disclose, or use to—
(A)
process an application for disaster assistance from a disaster assistance program; or
(B)
otherwise carry out the purpose of a disaster assistance program.
(5) Disaster assistance program
The term disaster assistance program means—
(A)
a program that provides disaster assistance to individuals and households under title IV or V in accordance with sections 408 and 502; or
(B)
any other assistance program authorized by a Federal statute or funded with Federal appropriations under which a disaster assistance agency awards or distributes disaster assistance to an individual, household, or organization, or provides a Federal block grant for these purposes, that arises from a major disaster or emergency declared under section 401 or 501, respectively, including—
(i)
disaster assistance;
(ii)
long-term disaster recovery assistance;
(iii)
the post-disaster restoration of infrastructure and housing;
(iv)
post-disaster economic revitalization;
(v)
a loan authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and
(vi)
food benefit allotments under section 412 of this Act and section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).
(6) Record
The term record has the meaning given the term in section 552a of title 5, United States Code.
(b) Unified disaster assistance intake process and system
(1) In general
Not later than 360 days after the date of enactment of this section, the Administrator shall, in consultation with appropriate Federal, State, local, and Indian tribal governments and entities, develop and establish a unified intake process and system for applicants for disaster assistance provided by a disaster assistance agency to—
(A)
facilitate a consolidated application for any form of disaster assistance provided by a disaster assistance agency when appropriate to support the nature and purposes of the assistance;
(B)
carry out the purposes of disaster assistance programs swiftly, efficiently, equitably, and in accordance with applicable laws and privacy and data protections; and
(C)
support the detection, prevention, and investigation of waste, fraud, abuse, or discrimination in the administration of disaster assistance programs.
(2) Capabilities of the consolidated application system
The unified intake process and system established under paragraph (1) shall—
(A)
accept applications for disaster assistance programs;
(B)
allow for applicants to receive status updates on applications for disaster assistance programs;
(C)
allow for applicants to update disaster assistance information throughout the recovery journeys of those applicants;
(D)
allow for the distribution of information on additional recovery resources to disaster survivors that may be available in a disaster-stricken jurisdiction, in coordination with appropriate Federal, State, local, and Tribal partners;
(E)
provide disaster survivors with information and documentation on the applications of those disaster survivors for a disaster assistance program;
(F)
allow for the distribution of application data to support faster and more effective distribution of Federal disaster assistance, including block grant assistance, for disaster recovery;
(G)
allow for disaster assistance agencies to communicate directly with disaster survivors; and
(H)
contain other capabilities determined necessary by the heads of disaster assistance agencies.
(3) Updates
Not later than 30 days after the date on which the Administrator receives a request from a disaster assistance agency to update questions in the consolidated application described in paragraph (1) needed to administer the disaster assistance programs of the disaster assistance agency, the Administrator shall make those updates.
(c) Authorities of Administrator
The Administrator may—
(1)
collect, maintain, disclose, and use disaster assistance information, including such information received from any disaster assistance agency, with any other disaster assistance agency for purposes of subsection (b)(1); and
(2)
subject to subsection (d), authorize the collection, maintenance, disclosure, and use of disaster assistance information collected on or after the date of enactment of this section by publishing a notice on a public website that—
(A)
includes a detailed description of—
(i)
the specific disaster assistance information authorized to be collected, maintained, disclosed, and used;
(ii)
why the collection, maintenance, disclosure, or use of the disaster assistance information is necessary to carry out the purpose of a disaster assistance program;
(iii)
how the collection, maintenance, disclosure, and use of disaster assistance information incorporates fair information practices; and
(iv)
the disaster assistance agencies that will be granted access to the disaster assistance information to carry out the purpose of any disaster assistance program; and
(B)
provides that the submission of an application through a unified disaster application constitutes prior written consent to disclose disaster assistance information to disaster assistance agencies for the purpose of section 552a(b) of title 5, United States Code.
(d) Collection and sharing of records and information
(1) Effect of publication of notice on public website
The publication of a notice by the Administrator on a public website of a revision to the system of records of the unified intake process and system established under subsection (b)(1) prior to any new collection, maintenance, disclosure, or use of records to carry out the purposes of a disaster assistance program with respect to a major disaster or emergency declared by the President under section 401 or 501, respectively, of this Act shall be deemed to satisfy the notice and publication requirements of section 552a(e)(4) of title 5, United States Code, for the entire period of performance for any assistance provided under a disaster assistance program.
(2) Paperwork Reduction Act waiver
(A) In general
Upon the declaration of a major disaster or emergency pursuant to section 401 or 501, respectively, of this Act, the Administrator may waive the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act), with respect to the voluntary collection of information specific to the declared major disaster or emergency needed to carry out the purposes of a disaster assistance program.
(B) Duration
A waiver described in subparagraph (A) shall be in effect for the entire period of performance for any assistance provided under a disaster assistance program with respect to a declared major disaster or emergency.
(C) Transparency
If the Administrator waives the requirements described in subparagraph (A), the Administrator shall—
(i)
promptly post on a public website—
(I)
a brief justification for the waiver; and
(II)
the agencies and offices to which the waiver shall apply;
(ii)
update the information posted under clause (i), as applicable; and
(iii)
comply with the requirements of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act) upon the expiration of the period of performance of any assistance provided under a disaster assistance program if the collection of information may be utilized for the purposes of supporting the disaster assistance program in future major disaster or emergency declarations.
(D) Effectiveness of waiver
Any waiver under subparagraph (A) shall take effect on the date on which the Administrator posts information on the internet website as provided for under subparagraph (C).
(e) Data security
The Administrator shall facilitate the collection of disaster assistance information into a unified application only after—
(1)
the Administrator certifies that the unified application substantially complies with the data security standards established pursuant to subchapter II of chapter 35 of title 44, United States Code, and any other applicable Federal information security policy;
(2)
the Secretary of Homeland Security publishes a privacy impact assessment for the unified application that is similar to the privacy assessment conducted under section 208(b)(1)(B) of the E-Government Act of 2002 (44 U.S.C. 3501 note); and
(3)
the Administrator, in consultation with disaster assistance agencies, publishes standard rules of behavior for disaster assistance agencies and personnel granted access to disaster assistance information to protect such information from improper disclosure.
(f) Certification of disaster assistance agencies
(1) In general
The Administrator may certify a Federal agency as a disaster assistance agency only after posting an agreement between the Administrator and the Federal agency on a public website that contains the detailed terms of the agreement.
(2) Contents of agreement
An agreement between the Administrator and a Federal agency described in paragraph (1) shall state that the Federal Emergency Management Agency and the Federal agency will—
(A)
collect, disclose, maintain, and use disaster assistance information in accordance with—
(i)
this section; and
(ii)
subject to subsection (i)(2), any existing policies of the Federal Emergency Management Agency and the Federal agency for information protection and use;
(B)
train any personnel granted access to disaster assistance information on the rules of behavior established by the Administrator under subsection (e)(3);
(C)
in the event of any unauthorized disclosure of disaster assistance information—
(i)
not later than 24 hours after discovering the unauthorized disclosure—
(I)
in the case of an unauthorized disclosure by the Federal agency, notify the Administrator of the disclosure; and
(II)
in the case of an unauthorized disclosure by the Federal Emergency Management Agency, notify disaster assistance agencies of the disclosure;
(ii)
cooperate fully with the Administrator and disaster assistance agencies in the investigation and remediation of the disclosure; and
(iii)
cooperate fully in the prosecution of a person responsible for the disclosure; and
(D)
assume responsibility for any compensation, civil liability, or other remediation measure awarded by a judgment of a court or agreed upon as a compromise of any potential claim by or on behalf of an applicant, including by obtaining credit monitoring and remediation services, for an improper disclosure of disaster assistance information that is—
(i)
caused, directly or indirectly, by the acts or omissions of an officer, employee, or contractor of the Federal agency; or
(ii)
from any electronic system of records that was created or maintained by the Federal agency pursuant to section 552a(e) of title 5, United States Code.
(3) Rule of construction
Nothing in this subsection shall be construed to require a Federal agency to sign an agreement described in paragraph (2) if the head of that Federal agency determines that the inclusion of the assistance program of that Federal agency in the unified intake process and system established under this section is not appropriate to support the nature and purposes of the assistance programs under the jurisdiction of that Federal agency.
(g) Reports
(1) FEMA
Not later than 1 year after the date of enactment of this section, and every year thereafter for 2 years, the Administrator, in coordination with the heads of disaster assistance agencies, shall submit to Congress a report on the implementation of this section, including—
(A)
how disaster assistance agencies are working together to implement the requirements under this section;
(B)
the effect of this section on disaster survivor burden and the speed and efficiency of delivering disaster assistance; and
(C)
a description of any other challenges that require further legislative action.
(2) GAO
Not later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on how the implementation of this section has affected the disaster survivor experience, and any recommendations for improvements to the requirements under this section.
(h) Briefings
Not later than 90 days after the date of enactment of this section, and again not later than 180 days after the date of enactment of this section, the Administrator shall brief Congress on—
(1)
the status of the implementation of the requirements under this section; and
(2)
how disaster assistance agencies are working together to implement the requirements under this section.
(i) Rules of construction
(1) Inapplicability of matching program provisions
The disclosure and use of disaster assistance information subject to the requirements of section 552a of title 5, United States Code, among disaster assistance agencies or with State, local, or Tribal governments carrying out disaster assistance programs shall not—
(A)
be construed as a matching program for the purpose of section 552a(a)(8) of title 5, United States Code; or
(B)
be subject to subsection (e)(12), (o), (p)(1)(A)(ii), (q), (r), or (u) of section 552a of title 5, United States Code.
(2) Authorities in other laws
Nothing in this section shall be construed to affect the authority of an entity to share disaster assistance information regarding programs funded or facilitated by the entity in accordance with any other law or agency policy.
(3) Applying to multiple programs
Nothing in this section shall be construed to require an applicant to apply to more than 1 disaster assistance program.