[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2806 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2806
To direct the Secretary of Agriculture to select and implement
landscape-scale forest restoration projects, to assist communities in
increasing their resilience to wildfire, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22 (legislative day, September 21), 2021
Mr. Schumer (for Mrs. Feinstein (for herself, Mr. Padilla, and Mr.
Wyden)) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to select and implement
landscape-scale forest restoration projects, to assist communities in
increasing their resilience to wildfire, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildfire Emergency
Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LANDSCAPE-SCALE FOREST RESTORATION
Sec. 101. Definitions.
Sec. 102. Purpose.
Sec. 103. Selection and implementation of landscape-scale forest
restoration projects.
Sec. 104. Conservation finance agreements.
Sec. 105. Administration.
Sec. 106. Report evaluating implementation.
Sec. 107. Funding.
TITLE II--INCREASING COMMUNITY RESILIENCE TO WILDFIRE
Sec. 201. Critical infrastructure and microgrid program.
Sec. 202. Retrofits for fire-resilient communities.
Sec. 203. Hazard mitigation using disaster assistance.
Sec. 204. Wildfire detection equipment.
TITLE III--RESEARCH, TRAINING, AND CAPACITY BUILDING
Sec. 301. Western prescribed fire centers.
Sec. 302. Innovative forest workforce development program.
Sec. 303. National community capacity and land stewardship grant
program.
TITLE I--LANDSCAPE-SCALE FOREST RESTORATION
SEC. 101. DEFINITIONS.
In this title:
(1) Conservation finance agreement.--The term
``conservation finance agreement'' means a mutual benefit
agreement (excluding a procurement contract, grant, or
cooperative agreement described in chapter 63 of title 31,
United States Code)--
(A) the term of which is more than 1, but not more
than 20, years;
(B) that may provide that performance under the
agreement during the second and subsequent years of the
agreement is contingent on the appropriation of funds;
and
(C) if the agreement does so provide, that may
provide for a cancellation payment to be made to the
partner if those appropriations are not made.
(2) Ecological conditions.--The term ``ecological
conditions'' has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(3) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Landscape assessment.--The term ``landscape
assessment'' means an assessment of a landscape that--
(A) meets the requirements described in section
103(c)(1)(C);
(B) does not constitute a decision document or
final agency action requiring a separate analysis under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(C) may be presented--
(i) in a separate analysis;
(ii) within 1 or more broader analyses,
including analyses under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
(iii) through a combination of the analyses
described in clauses (i) and (ii).
(5) Restore.--The term ``restore'' has the meaning given
the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 102. PURPOSE.
The purpose of this title is to increase the pace and scale of
forest restoration and reduction in the risk of uncharacteristic
wildfire through--
(1) authorizing a pilot program with conservation finance
agreement authority to leverage other Federal and non-Federal
investment (excluding funds appropriated to the Forest Service)
in landscape-scale forest restoration and related natural and
built infrastructure, equipment, and job training;
(2) project planning and analysis practices that
effectively scale up to the landscape level of 100,000 acres or
more;
(3) requiring ecological standards and collaboration for
landscape-scale projects; and
(4) coordination with Federal, State, local, and Tribal
agencies to expand personnel options to support the pilot
program described in paragraph (1) by taking advantage of
interorganizational support.
SEC. 103. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST
RESTORATION PROJECTS.
(a) In General.--The Secretary shall select, in accordance with
this section, landscape-scale forest restoration projects located west
of the 100th meridian--
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National
Forest System land, in coordination with other Federal and non-
Federal entities.
(b) Initial Phase.--During the 5-year period beginning on the date
of enactment of this Act, subject to the availability of appropriations
pursuant to section 107(a), the Secretary shall select not more than 20
landscape-scale forest restoration projects under subsection (a).
(c) Eligibility Requirements.--
(1) In general.--Subject to paragraph (2), to be eligible
for selection and implementation under subsection (a), a
landscape-scale forest restoration project shall satisfy the
following requirements:
(A) The purposes and needs for the project shall
be--
(i) to restore the ecological integrity and
ecological resilience of terrestrial and
aquatic areas that have departed from reference
conditions within the forest landscape;
(ii) to restore appropriate natural fire
regimes, including by reducing fuel loads and
modifying forest structure in areas that have
departed from reference conditions, taking into
account the current and projected impacts of
climate change; and
(iii) to conduct wildfire risk reduction
activities within the wildland-urban interface
to the extent that the project includes lands
within the wildland-urban interface.
(B) The project shall be developed and supported by
a collaborative group that--
(i) includes multiple interested persons
representing diverse interests;
(ii) is transparent and inclusive; and
(iii) has sufficient expertise, capacity,
and scientific support to effectively plan,
implement, and monitor landscape-level,
ecologically based forest restoration
activities.
(C) The project shall be based on a landscape
assessment that shall--
(i) cover a landscape of--
(I) except as provided in subclause
(II), not less than 100,000 acres; or
(II) in such limited cases as the
Secretary determines to be appropriate,
not less than 80,000 acres if--
(aa) the assessment is
completed or substantially
completed as of the date of
enactment of this Act; and
(bb) in the determination
of the Secretary, assessing a
larger area is not necessary to
restore the integrity,
resilience, and fire regimes of
the landscape;
(ii) evaluate ecological integrity and
determine reference conditions for the
landscape;
(iii) identify terrestrial and aquatic
areas within the landscape that have departed
from reference conditions;
(iv) identify criteria to determine
appropriate restoration treatments within
degraded areas of the landscape to achieve
reference conditions, including management
prescriptions, mitigation measures, and
constraints to be applied when carrying out
actions in those areas;
(v) be based on the best available
scientific information and data, including,
where applicable, high-resolution imagery,
LiDAR, and similar technologies and
information, and involve direct engagement by
scientists; and
(vi) identify priority restoration
strategies for terrestrial and aquatic areas,
including prescribed fire and wildfires managed
for multiple resource benefits, which shall
focus on--
(I) areas that are the most
departed from reference conditions; and
(II) areas that would benefit the
most from reducing the risk of
uncharacteristic wildfire, especially
with respect to nearby communities,
taking into account other completed,
ongoing, and planned fuels-reduction
projects.
(D) Restoration treatments under the project--
(i) shall emphasize the reintroduction of
characteristic fire, based on forest ecology
and reference conditions, through the use of
prescribed fire, wildfire managed for resource
benefits, or both;
(ii) that involve any proposed mechanical
treatments shall be designed to promote--
(I) the restoration of reference
conditions in areas that lack
ecological integrity, especially the
reduction of surface and ladder fuels;
and
(II) the establishment of
conditions that will facilitate
prescribed fire or managed wildfire;
(iii) shall--
(I) fully maintain or contribute to
the restoration of reference old forest
conditions, taking into account the
current and projected impacts of
climate change; and
(II) protect or increase the number
and distribution of large old trees,
consistent with reference conditions,
excepting any de minimis losses of
large old trees from prescribed fire or
hazardous tree removal; and
(iv) that involve prescribed fire shall
provide advance notification, in accordance
with notification procedures developed by the
Secretary, to the owner or operator of critical
infrastructure, such as a power line right-of-
way, of any prescribed fire treatments within
close proximity to the infrastructure.
(E) The project shall be consistent with all
applicable environmental laws, including--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.).
(F) The project shall be consistent with the
Roadless Area Conservation Rule established under part
294 of title 36, Code of Federal Regulations (or
successor regulations), and the final rule and record
of decision of the Forest Service entitled ``Special
Areas; Roadless Area Conservation'' (66 Fed. Reg. 3244
(January 12, 2001)) (or a successor rule).
(G) The project shall require multiparty
monitoring, including opportunities for public
engagement, and an adaptive management approach that--
(i) conditions the future implementation of
the project on the satisfactory completion of--
(I) priority restoration actions;
and
(II) required monitoring;
(ii) validates conditions projected to
occur in the environmental analysis for the
project; and
(iii) requires modifications to the project
if monitoring reveals impacts beyond the
anticipated impacts of the project.
(H)(i) No new permanent road may be built as part
of the project.
(ii) Any new temporary roads needed to implement
the project shall be decommissioned not later than 3
years after completion of the project.
(I) The project shall use an efficient approach to
landscape-scale analysis and decisionmaking that is
consistent with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), which may include--
(i) the preparation of a single
environmental impact statement or environmental
assessment, as applicable, for the entire
project, incorporating the landscape assessment
described in subparagraph (C);
(ii) the use of, as applicable--
(I) multiple records of decision to
implement a single environmental impact
statement; or
(II) multiple decision notices to
implement a single environmental
assessment;
(iii) the preparation of a programmatic
environmental impact statement or environmental
assessment, as applicable, for the entire
project, incorporating the landscape assessment
described in subparagraph (C), followed by
focused, concise, and site-specific--
(I) environmental assessments; or
(II) categorical exclusions
consistent with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(iv) the use of the landscape assessment
described in subparagraph (C), through
incorporation by reference and similar
approaches, to support focused, concise, and
site-specific--
(I) environmental assessments; or
(II) categorical exclusions
consistent with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Exception.--If the Secretary determines that there are
an insufficient number of projects that fully comply with the
requirements described in paragraph (1) to implement based on
all available funding, then the Secretary may, during the 2-
year period beginning on the date of enactment of this Act,
select under subsection (a) not more than a total of 5
landscape-scale forest restoration projects to implement that
do not fully comply with those requirements if the projects--
(A) fully comply with the requirements described in
subparagraphs (B), (D), (E), (F), (G), (H), and (I) of
that paragraph;
(B) in the determination of the Secretary, have
purposes and needs that are consistent with the
purposes and needs described in subparagraph (A) of
that paragraph; and
(C) are supported by landscape assessments that are
substantially (if not completely) consistent with the
requirements described in subparagraph (C) of that
paragraph, subject to the condition that the applicable
landscape assessments fully comply with the
requirements described in clauses (i) and (v) of that
subparagraph.
(d) Evaluation of Eligible Projects.--
(1) In general.--In determining which landscape-scale
forest restoration projects to select under subsection (a), the
Secretary shall consider--
(A) the criteria described in paragraph (2);
(B) the extent to which the project utilizes the
approaches to project implementation described in
paragraph (3); and
(C) the recommendations of the advisory panel
established under subsection (e).
(2) Criteria.--The criteria referred to in paragraph (1)(A)
are--
(A) the demonstrated need, based on the best
available science, to restore ecological integrity to
degraded or departed areas within the landscape covered
by the project, taking into account the current and
projected impacts of climate change;
(B)(i) the importance of watersheds in the area
covered by the project for downstream waters supply;
and
(ii) the opportunity to improve the ecological
integrity and ecological conditions of those watersheds
and reduce risks to water resources through landscape-
scale forest restoration;
(C)(i) the potential extent of cost sharing for the
development and implementation of the project from
diverse sources, such as State or local governments,
water or electric utilities, carbon credits, or private
entities; and
(ii) the proportion of the non-Federal cost share
that is in the form of cash contributions;
(D) whether the area covered by the project has
high-resolution, remote-sensing data and other
information available that enables a landscape
assessment and a robust analysis and disclosure of the
effects and outcomes of implementing restoration
activities;
(E) whether the project is using, or will use,
innovative approaches to completing resource surveys
that are less costly and less time-consuming than usual
practices while providing the information necessary for
project design and analysis;
(F) whether the project will reduce the number of
miles of permanent roads on National Forest System land
that are not necessary for resource management or
recreational access;
(G) whether the project will assess or quantify the
ecosystem service benefits of forest restoration within
the landscape covered by the project, such as water,
carbon, biodiversity, fire risk reduction, public
health, and community safety;
(H) whether the project has the potential to
support new or existing wood processing infrastructure
that can make economic use of the byproducts of forest
restoration;
(I) whether the project has the potential to
support local employment and investment opportunities,
particularly in economically disadvantaged communities;
(J) the scale of the landscape assessment for the
project, with a preference for projects for which the
landscape assessment covers a larger area; and
(K) whether the project--
(i) strives to restore ecological integrity
and ecological conditions within areas across
land ownerships, including State and private
land; and
(ii) will reduce the risk of
uncharacteristic wildfire, and, to the extent
practicable, restore ecological integrity,
within the wildland-urban interface.
(3) Approaches to landscape-scale project implementation.--
A landscape-scale restoration project carried out under this
section may use 1 or both of the following approaches to
project implementation:
(A) Conservation finance agreements.--The Secretary
may enter into a conservation finance agreement under
the pilot program established under section 104(a) to
carry out the project for the purpose of facilitating
private, other non-Federal, and other Federal
investment (excluding the investment of any other
amounts appropriated to the Forest Service)--
(i) to increase the pace and scale of
forest restoration at the landscape level;
(ii) to support the use of prescribed fire
at a greater scale; or
(iii) to make greater economic use of the
byproducts of forest restoration to reduce the
net cost of forest restoration.
(B) Interagency personnel collaboration.--The
Secretary may coordinate with Federal, State, local,
and Tribal agencies to expand personnel options to
support the project by using authorities such as--
(i) the good neighbor authority under
section 8206 of the Agricultural Act of 2014
(16 U.S.C. 2113a);
(ii) sections 3371 through 3376 of title 5,
United States Code (commonly referred to as the
``Intergovernmental Personnel Act''); and
(iii) part 334 of title 5, Code of Federal
Regulations (or successor regulations).
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel composed of not more than 15 members to
evaluate, and provide recommendations on--
(A) each landscape-scale forest restoration project
that the Secretary is reviewing for potential selection
under subsection (a); and
(B) proposals for planning and developing
landscape-scale forest restoration projects that the
Secretary is reviewing for potential funding under
section 107(a)(1).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel established under paragraph
(1) is fairly balanced in terms of the points of view
represented and the functions to be performed by the advisory
panel.
(3) Inclusion.--The advisory panel established under
paragraph (1) shall include experts in ecological forest
restoration, fire ecology, fire management, rural economic and
workforce development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass
and small-diameter tree utilization.
(4) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 104. CONSERVATION FINANCE AGREEMENTS.
(a) Pilot Program Authority.--The Secretary shall establish a pilot
program under which the Secretary may enter into a conservation finance
agreement with a public or private person, including a for-profit or
nonprofit organization, to plan, implement, and monitor a landscape-
scale forest restoration project selected by the Secretary under
section 103(a) if the Secretary finds each of the following:
(1) There is a reasonable expectation that, throughout the
contemplated agreement period, the Secretary will request
funding for the agreement at the level required to avoid
agreement cancellation.
(2) The environmental analysis for the project demonstrates
that there is a sufficient supply of small-diameter material to
support a long-term agreement consistent with the landscape
assessment and all applicable environmental laws.
(3) The use of the conservation finance agreement will, in
the area of the applicable landscape-scale forest restoration
project, assist in achieving the purpose described in section
102.
(4) The project involves an entity that demonstrates
experience in--
(A) developing and implementing conservation
finance public-private partnerships; and
(B) raising capital commitments from concessional
and market rate investors or other external financing.
(b) Limited Delegation.--The Secretary may not delegate the pilot
program authority under subsection (a) to a Federal official that
serves under the Chief of the Forest Service.
(c) Limitations.--The pilot program authority under subsection
(a)--
(1) may be used for the obligation under conservation
finance agreements of not more than--
(A) $250,000,000 in the aggregate; and
(B) $50,000,000 for any 1 landscape-scale forest
restoration project; and
(2) may not be used to pay interest to any other entity
providing funds for the applicable landscape-scale forest
restoration project.
(d) Cancellation, Termination, or Modification for Insufficient
Funding.--
(1) In general.--
(A) Insufficient funding.--If funds are not made
available for the continuation of a conservation
finance agreement made under this section into a
subsequent fiscal year, the agreement shall be
canceled, terminated, or modified.
(B) Payment of costs.--If the Secretary determines
that it is necessary to cancel or terminate a
conservation finance agreement pursuant to subparagraph
(A), and the conservation finance agreement includes a
cancellation provision described in paragraph (2)(A),
the Secretary may pay the costs of that cancellation or
termination using any of the following amounts:
(i) Appropriations originally available for
the performance of the applicable conservation
finance agreement.
(ii) Appropriations currently available for
the type of services concerned under the
applicable conservation finance agreement, and
not otherwise obligated.
(iii) Funds appropriated for payments for
those costs of cancellation or termination.
(2) Provisions in agreements.--
(A) In general.--The Secretary may provide for
cancellation provisions in conservation finance
agreements under this section to the extent that those
provisions are necessary and in the best interests of
the United States.
(B) Considerations.--The cancellation provisions
described in subparagraph (A) may include consideration
of the recurring and nonrecurring costs of the partner
under the applicable conservation finance agreement.
(3) Cancellation ceilings.--
(A) In general.--The Secretary may obligate funds
in stages that are economically or programmatically
viable to cover any potential cancellation or
termination costs for a conservation finance agreement
under paragraph (1)(B) and implement the agreement
pursuant to this section.
(B) Advance notice to congress of cancellation
ceiling in excess of $25,000,000.--Not later than 30
days before entering into a conservation finance
agreement under this section that includes a
cancellation ceiling in excess of $25,000,000, but does
not include proposed funding for the costs of
cancelling the agreement up to that cancellation
ceiling, the Secretary shall submit to the Committee on
Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Natural Resources and the Committee on
Agriculture of the House of Representatives a written
notice that includes--
(i) a description of the cancellation
ceiling amounts proposed for each program year
in the agreement;
(ii) the reasons why the cancellation
ceiling amounts described under clause (i) were
selected;
(iii) a description of the extent to which
the costs of agreement cancellation are not
included in the budget for the agreement; and
(iv) an assessment of the financial risk of
not including budgeting for the costs of
agreement cancellation.
(C) Transmittal of notice to omb.--Not later than
14 days after the date on which written notice is
provided under subparagraph (B), the Secretary shall
transmit a copy of the notice to the Director of the
Office of Management and Budget.
(D) Relationship of cancellation ceiling to
conservation finance agreement.--The Secretary may
enter into a conservation finance agreement pursuant to
this section that includes partner services in return
for payments by the Secretary in future years that are
contingent on the appropriation of funds, subject to
the requirement that the Secretary shall pay the
partner cancellation costs pursuant to paragraph (1)(B)
up to the cancellation ceiling applicable to the
agreement if funding for the completion of the
agreement is not appropriated.
SEC. 105. ADMINISTRATION.
(a) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue guidance on the implementation of
this title.
(b) Implementation.--A landscape-scale forest restoration project
under this title shall be implemented consistent with--
(1) the requirements for the project described in section
103(c); and
(2) all project commitments described in the 1 or more
decisions or decision notices relating to the project.
SEC. 106. REPORT EVALUATING IMPLEMENTATION.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources and the Committee on Appropriations of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Appropriations of the Senate a report evaluating the
implementation of this title, including--
(1) a list of the landscape-scale forest restoration
projects selected under section 103(a) and the accomplishments
under those projects;
(2) an evaluation of the approaches to project planning and
implementation described in section 103(d)(3) based on the
experience of the implementation of those approaches in the
projects described in paragraph (1); and
(3) an evaluation of the pilot authority for conservation
finance agreements described in section 104, including whether
that authority has--
(A) increased the availability of non-Federal
funding sources to assist in landscape-scale forest
restoration projects; and
(B) promoted private or other non-Federal
investment in--
(i) new or existing infrastructure and
related equipment that can make use of the
byproducts of forest restoration;
(ii) the use of prescribed fire at a
greater scale;
(iii) related economic development and
workforce training and development;
(iv) land management activities enhancing
natural infrastructure with benefits for
downstream water users; or
(v) mitigating the risk of uncharacteristic
wildfire.
(b) Consultation.--In preparing the report under subsection (a),
the Secretary shall consult with the advisory panel established under
section 103(e).
SEC. 107. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $250,000,000 for the period of fiscal
years 2022 through 2026, to remain available until expended--
(1) to plan and develop potential landscape-scale forest
restoration projects under this title that the Secretary and a
collaborative group described in section 103(c)(1)(B) shall
design--
(A) to meet the requirements of section 103(c); and
(B) to satisfy the criteria described in section
103(d)(2), to the maximum extent practicable; and
(2) to implement landscape-scale forest restoration
projects selected under section 103.
(b) Sources of Funding.--Landscape-scale forest restoration
projects under this Act may be carried out using--
(1) amounts appropriated under subsection (a);
(2) other sources of Forest Service funding;
(3) other sources of Federal funding;
(4) non-Federal funding sources; or
(5) any combination of the amounts described in paragraphs
(1) through (4).
(c) Cost-Share.--
(1) Federal share.--
(A) Planning and development.--The Federal share of
the cost of planning and developing a potential
landscape-scale forest restoration project under this
title shall not exceed 75 percent.
(B) Implementation and monitoring.--The Federal
share of the cost of carrying out and monitoring each
landscape-scale forest restoration project on National
Forest System land under this title shall not exceed 60
percent.
(2) Form of non-federal share.--The non-Federal share of
the cost of a project carried out using funds made available
pursuant to this title may include in-kind contributions.
(d) Adaptive Management.--Not less than 5 percent of the amount
made available for each landscape-scale forest restoration project
under this title shall be used for monitoring and adaptive management
in the applicable landscape.
(e) Stewardship Contracting.--In the case of a landscape-scale
forest restoration project under this title that is covered by an
agreement or a contract under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c), the Secretary may use monies
retained by the Secretary under subsection (e)(2)(A) of that section to
plan, analyze, and implement landscape-scale forest restoration
projects within the area covered by that agreement or contract
consistent with this title.
(f) Administrative Costs.--Not more than 5 percent of any amounts
appropriated to carry out this title may be used for administrative
management and program oversight.
TITLE II--INCREASING COMMUNITY RESILIENCE TO WILDFIRE
SEC. 201. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.
(a) Definitions.--In this section:
(1) Critical facility.--
(A) In general.--The term ``critical facility''
means a facility that provides services or may be
used--
(i) to save lives;
(ii) to protect property, public health,
and public safety; or
(iii) to lessen or avert the threat of a
catastrophe.
(B) Inclusions.--The term ``critical facility''
includes--
(i) a hospital;
(ii) an outpatient clinic;
(iii) a nursing home;
(iv) a police station;
(v) an emergency operation center;
(vi) a jail or prison;
(vii) a fire station;
(viii) a facility in the communications
sector, as determined by the Secretary;
(ix) a facility in the chemical sector, as
determined by the Secretary;
(x) a school or other large building that
may serve as a temporary gathering space;
(xi) a utility station, such as a water and
wastewater station;
(xii) a facility described in subparagraph
(A) that is owned or operated by, or provides
services to, an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
(xiii) a Federal facility, including a
military base or installation; and
(xiv) any other facility described in
subparagraph (A), as determined by the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Critical Infrastructure and Microgrid Program.--
(1) In general.--The Secretary shall establish a program--
(A) to improve the energy resilience and power
needs of critical facilities through the use of
microgrids, renewable energy, energy efficiency,
reduced electricity demand, and on-site storage;
(B) to improve the energy efficiency of critical
facilities by decreasing the size and cost of
generators;
(C) to provide technical assistance and facilitate
the distribution and sharing of information to develop
more resilient electricity systems (including bulk
systems and localized systems); and
(D) to promulgate consumer-facing information and
resources to inform the public on best practices and
resources related to increasing resilience of
electricity systems and reducing the impacts of extreme
weather events on electricity systems.
(2) Requirements.--In carrying out the program established
under paragraph (1), the Secretary shall ensure, with respect
to critical facilities--
(A) provision of on-site back-up power with
renewable resources, low-carbon liquid fuels, and on-
site energy storage technologies; and
(B) installation, at the transmission and
distribution level, of interoperable technologies,
advanced power flow control, dynamic line rating,
topology optimization, and communications systems.
(3) Interested party input.--In establishing the program
under paragraph (1), the Secretary shall seek the input of
State energy regulators, electric utilities (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)), regional
transmission organizations and independent system operators,
electric utility customers and ratepayer organizations, local
governments, community choice aggregators or regional energy
collaboratives, and other interested parties.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $100,000,000 to carry out this section, to remain
available until expended.
(2) Administrative costs.--Of the amount used to carry out
this section, not more than 10 percent shall be used for
salaries and expenses, administrative management, and oversight
of the program established under subsection (b)(1).
SEC. 202. RETROFITS FOR FIRE-RESILIENT COMMUNITIES.
(a) Definition of Weatherization Materials.--Section 412(9) of the
Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) materials that are resistant to high heat and
fire; and''.
(b) Weatherization Program.--
(1) In general.--Section 413(b)(6) of the Energy
Conservation and Production Act (42 U.S.C. 6863(b)(6)) is
amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) owners of such dwelling units shall use fire-
and drought-resistant building materials and
incorporate wildfire and drought prevention and
mitigation planning, as directed by the State.''.
(2) Limitations.--Section 415(c) of the Energy Conservation
and Production Act (42 U.S.C. 6865(c)) is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as
so redesignated), in the second sentence, by
striking ``Labor'' and all that follows through
``to--'' and inserting the following:
``(B) Labor and weatherization materials.--Labor,
weatherization materials, and related matter described
in subparagraph (A) includes--'';
(iii) by striking ``(c)(1) Except'' and
inserting the following:
``(c) Financial Assistance.--
``(1) Average cost.--
``(A) In general.--Except'';
(iv) in subparagraph (A) (as so
designated)--
(I) by striking ``exceed an average
of $6,500'' and inserting the
following: ``exceed--
``(i) an average of $13,000 (adjusted
annually for inflation)'';
(II) in clause (i) (as so
designated), by striking the period at
the end and inserting ``; or''; and
(III) by adding at the end the
following:
``(ii) another average amount that is
greater than the amount described in clause
(i), if the Secretary determines it necessary
to waive or adjust the average amount
established under that clause.''; and
(v) in subparagraph (B) (as so
designated)--
(I) in clause (iv) (as so
redesignated), by striking ``, and''
and inserting ``; and''; and
(II) in clause (v) (as so
redesignated), by adding a period at
the end; and
(B) in paragraph (4), by striking ``$3,000'' and
inserting ``$6,000 (adjusted annually for inflation)''.
SEC. 203. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
(1) by inserting ``and wildfire'' after ``windstorm'';
(2) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(3) in subparagraph (A) (as so designated)--
(A) by inserting ``, wildfire,'' after ``extreme
wind''; and
(B) by adding ``and'' after the semicolon at the
end; and
(4) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;''.
SEC. 204. WILDFIRE DETECTION EQUIPMENT.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the
following:
``SEC. 607. WILDFIRE DETECTION EQUIPMENT.
``To the extent practicable, the Secretary of Agriculture and the
Secretary of the Interior shall--
``(1) expedite the placement of wildfire detection
equipment, such as sensors, cameras, and other relevant
equipment, in areas at risk of wildfire;
``(2) expand the use of satellite data to assist wildfire
response; and
``(3) expedite any permitting required by the Secretary of
Agriculture or the Secretary of the Interior for the
installation, maintenance, or removal of wildfire detection
equipment.''.
(b) Technical Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by adding at the end of the items relating to title VI
the following:
``Sec. 607. Wildfire detection equipment.''.
TITLE III--RESEARCH, TRAINING, AND CAPACITY BUILDING
SEC. 301. WESTERN PRESCRIBED FIRE CENTERS.
(a) In General.--The Secretary of Agriculture and the Secretary of
the Interior (referred to in this section as the ``Secretaries'') shall
establish 1 or more centers to train individuals in prescribed fire
methods and other methods relevant to the mitigation of wildfire risk
(referred to in this section as a ``center'').
(b) Host Institutions.--The 1 or more centers shall be--
(1) located at 1 or more institutions of higher education;
or
(2) developed in collaboration with 1 or more institutions
of higher education.
(c) Goals.--The 1 or more centers shall advance the following
goals:
(1) Training individuals and conducting research on
prescribed fire methods and other restoration methods relevant
to the mitigation of wildfire risk.
(2) Developing and advancing interdisciplinary science
relating to wildfire, including social science and human
dimensions of wildfire, in consultation with stakeholders who--
(A) need that science;
(B) will benefit from the outcomes of that science;
and
(C) will coordinate with 1 or more other centers in
developing and advancing that science.
(3) Conducting ongoing and forward-looking needs
assessments among stakeholders, including Federal and State
agencies and Indian Tribes, to determine common need
requirements and emerging challenges to reduce wildfire risk
and adapt communities to increased risk from wildfire,
including the following hazard-related focus areas:
(A) Increasing disaster resilience.
(B) Mitigation and management methods.
(C) Air quality.
(D) Firestorm weather forecasting and burn-area
debris flow forecasting, including empirical and
modeling research.
(4) Collaborating with Federal wildfire scientists at the
Forest Service, the Department of the Interior, and other
related agencies.
(5) Identifying, through a detailed engagement process
targeting defined end-users, the requirements and delivery
mechanisms for products and services that are practical and
will have an impact on mitigating wildfire risk.
(6) Promoting technology transfer with pathways for
dissemination, implementation, and application of research
results on the ground, using and enhancing previous research.
(7) Ensuring the connectivity and interoperability of
distributed services to maximize synergies and benefits across
services.
(8) Developing open digital infrastructure to make research
data, science, and models open for all sectors to use.
(d) Location.--
(1) In general.--The 1 or more centers shall be located in
any State the entirety of which is located west of the 100th
meridian.
(2) Consultation.--The Secretaries shall consult with the
Joint Fire Science Program to solicit and evaluate proposals
for the location of the 1 or more centers.
(3) Selection.--Not later than 1 year after the date of
enactment of this Act, based on the consultation under
paragraph (2), the Secretaries shall select a location for the
1 or more centers.
SEC. 302. INNOVATIVE FOREST WORKFORCE DEVELOPMENT PROGRAM.
(a) Definitions.--In this section:
(1) Career in forestry and fire management.--The term
``career in forestry and fire management'' means a career in a
field relating to forests and the restoration to the natural
fire regimes of forests, including--
(A) in timber operations;
(B) as a registered professional forester;
(C) in vegetation treatment, including as a member
of a hand crew, a machine operator, and in conducting
prescribed fires as part of a fire restoration
workforce that is capable of conducting large landscape
restorative and maintenance prescribed fires;
(D) in ecological restoration, including
restoration of watersheds;
(E) in wildland fire fighting; and
(F) in community fire resilience, including
workforce development projects.
(2) Forestry and fire management.--The term ``forestry and
fire management'' includes the areas of fields relating to
forests described in subparagraphs (A) through (F) of paragraph
(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Grants Authorized.--The Secretary shall establish a competitive
grant program--
(1) to assist in the development and utilization of
innovative activities relating to workforce development in
forestry and fire management and opportunities for careers in
forestry and fire management; and
(2) to expand public awareness about forestry and fire
management and connect individuals to careers in forestry and
fire management.
(c) Selection of Grant Recipients.--In awarding grants under
subsection (b), the Secretary shall, to the extent practicable, select
nonprofit professional or service organizations, labor organizations,
State agencies, community colleges, institutions of higher education,
or other training and educational institutions--
(1) that have qualifications and experience--
(A) in the development of training programs and
curricula relevant to the workforce needs of forestry
and fire management;
(B) working in cooperation with forestry and fire
management; or
(C) developing public education materials
appropriate for communicating with groups of various
ages and educational backgrounds; and
(2) that will address the human resources and workforce
needs of forestry and fire management.
(d) Use of Funds.--Grants awarded under subsection (b) may be used
for activities such as--
(1) targeted internship, apprenticeship, pre-
apprenticeship, and post-secondary bridge programs for skilled
forestry and fire management trades that provide--
(A) on-the-job training;
(B) skills development;
(C) test preparation for skilled trade
apprenticeships;
(D) advance training in forestry and fire
management relating to jobs as forest restorationists,
members of hand crews, wildland fire fighters, machine
operators, licensed timber operators, registered
professional foresters, ecologists, biologists, or
workers in construction in support of resilient
infrastructure, including residential buildings; or
(E) other support services to facilitate post-
secondary success;
(2) education programs designed for elementary, secondary,
and higher education students that--
(A) inform people about the role of forestry,
vegetation management, and ecological restoration in
the communities of those people;
(B) increase the awareness of opportunities for
careers in forestry and fire management and exposure of
students to those careers through various work-based
learning opportunities inside and outside the
classroom; and
(C) connect students to pathways to careers in
forestry and fire management;
(3) the development of a model curriculum and related
vocational programs to be adopted by community colleges, which,
to the extent practicable and feasible, shall--
(A) provide professional training in implementing
prescribed fire projects, including the knowledge and
skills necessary to plan and implement broad-scale
surface and ladder fuel treatments within the wildland-
urban interface, wildlands, and urbanized areas, as
appropriate;
(B) include a focus on the ecological concerns,
economics, and practices necessary to improve community
safety and forest resilience; and
(C) train students in--
(i) the retrofitting of houses, including
the use of fire-resistant materials and the
maintenance of defensible space;
(ii) urban forestry; and
(iii) policies or guidance relating to the
management of vegetation near utility
infrastructure and relevant portions of
electric utility wildfire mitigation plans;
(4) regional industry and workforce development
collaborations, including the coordination of candidate
development, particularly in areas of high unemployment;
(5) integrated learning laboratories in secondary
educational institutions that provide students with--
(A) hands-on, contextualized learning
opportunities;
(B) dual enrollment credit for post-secondary
education and training programs; and
(C) direct connection to industry or government
employers; and
(6) leadership development, occupational training,
mentoring, or cross-training programs that ensure that workers
are prepared for high-level supervisory or management-level
positions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary.
SEC. 303. NATIONAL COMMUNITY CAPACITY AND LAND STEWARDSHIP GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Community capacity.--The term ``community capacity''
means the ability of an eligible entity to carry out or assist
in a land stewardship activity.
(2) Disadvantaged community.--The term ``disadvantaged
community'' means--
(A) a low-income community (as defined in section
45D(e) of the Internal Revenue Code of 1986); and
(B) a community that includes a significant
population that has been systematically denied a full
opportunity to participate in aspects of economic,
social, and civic life based on a particular
characteristic, such as Black, Latino, Indigenous, and
Native American persons, Asian Americans, Pacific
Islanders, and other persons of color.
(3) Eligible entity.--The term ``eligible entity'' means
any the following entities that is located in or represents a
disadvantaged community:
(A) An organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.
(B) A collaborative group fiscally sponsored by an
organization described in subparagraph (A).
(C) A unit of local government.
(D) An Indian Tribe.
(E) A special district government, as defined by
the Director of the Bureau of the Census.
(4) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(5) 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).
(6) Land stewardship activity.--The term ``land stewardship
activity'' means any of the following activities, as applied to
a qualifying project:
(A) Planning.
(B) Collaboration and building community support.
(C) Implementation on land other than National
Forest System land.
(D) Monitoring, including multiparty monitoring,
and adaptive management.
(7) Qualifying project.--The term ``qualifying project''
means any of the following activities that takes place at least
in substantial part on National Forest System land or national
grasslands:
(A) Restoration of the ecological integrity of a
forest, meadow, grassland, prairie, or other habitat.
(B) Tribal management for aligned cultural and
ecological values.
(C) Enhancing community wildfire resilience in the
wildland-urban interface.
(D) Increasing equitable access to environmental
education and volunteerism opportunities.
(8) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through--
(A) the regional offices of the State and Private
Forestry Deputy Area of the Forest Service; and
(B) as appropriate, regional offices of other
Deputy Areas of the Forest Service.
(b) Purpose.--The purpose of this section is to support increasing
community capacity, partnerships, and collaborations within and
involving disadvantaged communities for land stewardship activities and
restoration of ecological integrity on--
(1) National Forest System land;
(2) national grasslands; and
(3) adjacent private, State, and trust land associated with
the health and resilience of land described in paragraphs (1)
and (2).
(c) Administration.--
(1) In general.--The Secretary may issue grants to eligible
entities for increasing community capacity for land stewardship
activities and related activities based on the criteria
described in subsection (d).
(2) Federal cost-share.--
(A) In general.--The Secretary may fund up to 100
percent of the cost of land stewardship activities and
related activities carried out using a grant issued
under paragraph (1).
(B) Matching eligibility.--A grant issued under
this section may be considered a non-Federal matching
contribution from the eligible entity that received the
grant towards other sources of Federal funding.
(3) Duration.--The Secretary may issue a grant under
paragraph (1) for a period of 1 or more years.
(4) Maximum grant amount.--The amount of a grant issued
under paragraph (1) shall be not more than $50,000 per year.
(5) Applicable laws.--The Secretary shall administer grants
under paragraph (1) in accordance with all applicable Federal
and State laws.
(d) Criteria for Awarding Grants.--
(1) In general.--Subject to paragraph (2), the Secretary
shall award grants to eligible entities under subsection (c)(1)
on a competitive basis in accordance with the following
criteria:
(A) The extent to which the proposed land
stewardship activities benefit units of the National
Forest System and national grasslands over the short
and long term.
(B) The extent to which valuable ecological,
economic, and social benefits to disadvantaged
communities, including job creation and business
development or retention, are likely to result from the
scope of the land stewardship activities.
(C) The extent to which the grant would benefit
disadvantaged communities that have historically
received less investment in collaborative capacity.
(D) The extent to which the proposal brings
together diverse interests through planning,
collaboration, implementation, or monitoring of land
stewardship activities to benefit units of the National
Forest System or national grasslands.
(E) The extent to which the grant funds appear to
be critical for the success of the eligible entity and
the identified land stewardship activities.
(F) The extent to which the budget for the land
stewardship activities is reasonable given the
anticipated outcomes.
(2) Set-aside for indian tribes.--The Secretary shall
allocate not less than 10 percent of the funding awarded under
this section to Indian Tribes or eligible entities representing
Indian Tribes.
(e) Annual Reviews.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel composed of not more than 15 members to
provide feedback each year to each regional office of the State
and Private Forestry Deputy Area of the Forest Service on the
extent to which the implementation of this section by the
regional office is fulfilling the purpose described in
subsection (b).
(2) Inclusions.--The advisory panel established under
paragraph (1) shall include representation from a diversity of
public land stakeholders from across interest groups,
including--
(A) not fewer than 8 members representing the
interests of a diversity of disadvantaged communities;
and
(B) not fewer than 2 members representing not fewer
than 2 Indian Tribes.
(3) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
(f) Report Evaluating Program Implementation.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources and the Committee on
Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate a report evaluating the
implementation of this section, including--
(A) a list of the eligible entities and land
stewardship activities selected for funding under this
section and the accomplishments of those activities;
and
(B) an evaluation of the extent to which the
implementation of this section is fulfilling the
purpose described in subsection (b).
(2) Consultation; contracting.--In preparing the report
under paragraph (1), the Secretary--
(A) shall consult with the advisory panel
established under subsection (e)(1); and
(B) may contract with a third party to complete an
evaluation of the implementation of this section to
inform the report.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $50,000,000 for the
period of fiscal years 2022 through 2026.
(2) Distribution.--The Secretary shall distribute amounts
made available under paragraph (1) to the regional offices of
the State and Private Forestry Deputy Area and, as appropriate,
regional offices of other Deputy Areas, of the Forest Service
to administer the grants under this section.
(3) Administrative costs.--Not more than 10 percent of any
amounts made available to carry out this section may be used
for administrative management and program oversight.
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