[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4904 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4904
To address the forest health crisis on the National Forest System and
public lands, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2022
Mr. Barrasso (for himself and Mr. Manchin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To address the forest health crisis on the National Forest System and
public lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Effective Forest Management Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ACCOMPLISHMENTS OVER RHETORIC
Sec. 101. Thinning targets.
Sec. 102. Annual reports.
Sec. 103. Transparency in fire mitigation reporting.
Sec. 104. Regional forest carbon accounting.
Sec. 105. Targets for wildlife habitat improvement.
TITLE II--FOREST MANAGEMENT
Sec. 201. Land and resource management plans.
Sec. 202. Management of old growth and mature forests.
Sec. 203. Assessment of processed-based restoration techniques.
Sec. 204. Intervenor status.
Sec. 205. Utilizing grazing for wildfire prevention.
TITLE III--WORKFORCE
Sec. 301. Logging workforce.
Sec. 302. Break-in-service consideration for firefighter retirements.
Sec. 303. Firefighter rental housing.
TITLE IV--CULTURAL CHANGE IN AGENCIES
Sec. 401. Mandatory use of existing authorities.
Sec. 402. Curtailing employee relocations.
Sec. 403. Repeal of FLAME reports.
SEC. 2. DEFINITIONS.
In this Act:
(1) National forest system.--
(A) In general.--The term ``National Forest
System'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusions.--The term ``National Forest
System'' does not include--
(i) any forest reserve not created from the
public domain; or
(ii) any national grassland or land
utilization project administered under title
III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.).
(2) Public lands.--
(A) In general.--Except as provided in subparagraph
(B), the term ``public lands'' has the meaning given
the term in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(B) Exclusion.--The term ``public lands'' does not
include land governed by the Act of August 28, 1937 (50
Stat. 874, chapter 876; 43 U.S.C. 2601 et seq.).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
National Forest System land; and
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, with
respect to public lands.
TITLE I--ACCOMPLISHMENTS OVER RHETORIC
SEC. 101. THINNING TARGETS.
(a) Baseline.--For the National Forest System and for public lands,
the Secretary concerned shall determine--
(1) for each of fiscal years 2017 through 2021, the number
of acres mechanically thinned, for acres commercially thinned
and for acres pre-commercially thinned; and
(2) the average of the numbers described in paragraph (1)
over the period of fiscal years 2017 through 2021.
(b) Annual Targets.--
(1) In general.--The Secretary concerned shall establish
annual mechanical thinning targets for acres commercially
thinned and for acres pre-commercially thinned for fiscal year
2023, and annually thereafter, for the National Forest System
and for public lands.
(2) Requirements.--
(A) Fiscal years 2023 and 2024.--For each of fiscal
years 2023 and 2024, the annual mechanical thinning
targets established under paragraph (1) shall be not
less than the number of acres described in subsection
(a)(2).
(B) Fiscal years 2025 and 2026.--For each of fiscal
years 2025 and 2026, the annual mechanical thinning
targets established under paragraph (1) shall be not
less than twice the number of acres described in
subsection (a)(2).
(C) Fiscal year 2027.--For fiscal year 2027 and
each fiscal year thereafter, the annual mechanical
thinning targets established under paragraph (1) shall
be not less than 4 times the number of acres described
in subsection (a)(2).
(c) Regional Assignments.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Secretary concerned
shall assign annual acreage targets for mechanical thinning on National
Forest System land and public lands, categorized by National Forest
System region or by State, as appropriate.
(d) Publication.--The Secretary concerned shall make publicly
available the data described in subsections (a), (b), and (c),
including by publishing that data on the website of the Forest Service
and the website of the Bureau of Land Management.
SEC. 102. ANNUAL REPORTS.
Not later than January 1, 2023, and annually thereafter, the
Secretary concerned shall publish on the website of the Forest Service
and the website of the Bureau of Land Management the following
information with respect to the National Forest System or public lands
during the preceding fiscal year:
(1) The number of acres treated to meet the requirement
described in section 40803(b) of the Infrastructure Investment
and Jobs Act (16 U.S.C. 6592(b)).
(2)(A) The number of acres mechanically thinned; and
(B) whether the number of acres described in subparagraph
(A) met or exceeded the requirements described in section
101(b)(2).
(3) Any limitations or challenges, including litigation or
permitting delays, that hindered the Secretary concerned from
meeting or exceeding the annual target established under
section 101(b)(1), if applicable.
(4) The number of acres that have undergone a regeneration
harvest.
(5) The number of acres described in paragraphs (2)(A) and
(4) that are in an area identified as having--
(A) the expectation that, without remediation, at
least 25 percent of standing live basal area greater
than 1 inch in diameter may die over a 15-year time
frame due to insects and diseases, as depicted on the
National Insect and Disease Composite Risk Map; or
(B) a very high or high wildfire hazard potential.
(6) The number of acres described in paragraphs (2)(A) and
(4) that use either of the following streamlined authorities
for environmental review:
(A) A categorical exclusion.
(B) An emergency determination of the Secretary
concerned.
(7) The number of acres described in paragraphs (2)(A) and
(4) that use partners to carry out the work through--
(A) a good neighbor agreement;
(B) a master stewardship agreement;
(C) a contract or agreement entered into under the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a);
or
(D) a stewardship end-result contract.
SEC. 103. TRANSPARENCY IN FIRE MITIGATION REPORTING.
(a) Exclusion From Annual Budget and Performance Reports.--
(1) In general.--The Secretary concerned shall not include
in any appropriations request submitted to the President for
purposes of preparing the budget of the United States
Government under section 1105 of title 31, United States Code,
or any annual performance report submitted to Congress any
output measures for acres of land on which hazardous fuels
treatments were conducted if the land needs to be treated more
than once--
(A) to meet the requirement described in section
40803(b) of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592(b)); or
(B) to effectively mitigate wildfire risk.
(2) Annual budget.--The President shall not include in the
budget of the United States Government submitted to Congress
under section 1105 of title 31, United States Code, any output
measures described in paragraph (1).
(3) Inclusions.--Output measures described in paragraph (1)
include--
(A) acres of hazardous fuels reduction on National
Forest System land and adjacent areas to mitigate
wildfire risk; and
(B) annual acreage treated to reduce or maintain
fuel conditions on National Forest System land and non-
Federal land.
(b) Inclusion in Annual Budget and Performance Reports.--
(1) In general.--The Secretary concerned shall include in
an appropriations request submitted to the President for
purposes of preparing the budget of the United States
Government under section 1105 of title 31, United States Code,
and an annual performance report submitted to Congress--
(A) the number of acres of land meeting the
requirement described in section 40803(b) of the
Infrastructure Investment and Jobs Act (16 U.S.C.
6592(b)); and
(B) the annual acreage of National Forest System
land where final treatment effectively mitigates
wildfire risk.
(2) Annual budget.--The President shall include in the
budget of the United States Government submitted to Congress
under section 1105 of title 31, United States Code, the
information described in paragraph (1).
SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.
Not later than January 1, 2024, and every 3 years thereafter, the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall--
(1) using data from the forest inventory and analysis
program, determine the net forest carbon balance on the land in
the National Forest System of each Forest Service region,
including whether the National Forest System land is--
(A) a carbon source; or
(B) a carbon sink; and
(2) publish the information described in paragraph (1) on
the website of the Forest Service.
SEC. 105. TARGETS FOR WILDLIFE HABITAT IMPROVEMENT.
(a) In General.--To improve wildlife habitat function on National
Forest System land and public lands, not later than 18 months after the
date of enactment of this Act, the Secretary concerned shall--
(1) evaluate the extent to which the specific management
goals and objectives relating to wildlife habitat in existing
land management plans or resource management plans, as
applicable, have been met through implementation of the
applicable land management plan or resource management plan;
and
(2) establish and implement a strategy, including
establishing annual targets, to meet the specific management
goals and objectives described in paragraph (1).
(b) Reporting.--Beginning in fiscal year 2024, the Secretary
concerned shall annually--
(1) establish targets associated with the strategy
developed under subsection (a)(2); and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report on the implementation of the
strategy developed under subsection (a)(2).
TITLE II--FOREST MANAGEMENT
SEC. 201. LAND AND RESOURCE MANAGEMENT PLANS.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives an assessment of the
time period that would be required for the Secretary of Agriculture,
acting through the Chief of the Forest Service, to address the backlog
of land and resource management plans that are noncompliant with
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 to come into
compliance with that section, if the land and resource management plans
for the units of the National Forest System were developed and revised
in a manner consistent with the shorter length and development
timelines of the land management plans for the units of the National
Park System.
SEC. 202. MANAGEMENT OF OLD GROWTH AND MATURE FORESTS.
(a) Definition of Old Growth.--
(1) In general.--Except as provided in paragraph (2), the
Secretary concerned shall adhere to the definitions of ``old
growth forest'' contained in the regulations of the Secretary
concerned (as in effect on January 1, 2022).
(2) Updates.--If the Secretary concerned determines that a
definition of ``old growth forest'' contained in a regulation
of the Secretary concerned needs to be revised, the Secretary
concerned--
(A) shall appoint a committee of scientists who are
not officers or employees of the Forest Service or the
Bureau of Land Management and have a background in
forestry and stand dynamics (referred to in this
paragraph as the ``committee of scientists'');
(B) shall direct the committee of scientists to
provide scientific and technical advice and counsel on
definitions of ``old growth forest'';
(C) shall review the recommendations of the
committee of scientists;
(D) shall publish the recommendations of the
committee of scientists for public comment; and
(E) may adopt the recommendations of the committee
of scientists and revise the definition in a manner
consistent with subchapter II of chapter 5, and chapter
7, of title 5, United States Code (commonly known as
the ``Administrative Procedure Act'').
(b) Management of Mature Trees.--
(1) Definition of mature forest.--
(A) In general.--Consistent with section 6(m)(1) of
the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(m)(1)), with respect to
National Forest System land and public lands, the
Secretary concerned shall define the term ``mature
forest'' as a forest that has reached the
merchantability standard described in subparagraph (B).
(B) Merchantability standard.--The merchantability
standard referred to in subparagraph (A) is when a
forest has generally reached the culmination of mean
annual increment of growth.
(2) Management.--Except as provided in section 6(m) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(m)), on National Forest System land and public
lands, the Secretary concerned shall only carry out timber
harvests in mature forests (as defined by the Secretary
concerned under paragraph (1)).
(c) Savings Clause.--Any inventory of forests adopted through
executive branch action, whether based on stand age, tree age, or tree
diameter, shall not modify, amend, or otherwise change the duties of
the Secretary concerned to manage unreserved forests in accordance
with, as applicable--
(1) the Act of June 4, 1897 (commonly known as the
``Organic Administration Act'') (30 Stat. 34, chapter 2);
(2) the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.);
(3) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(4) section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a); and
(5) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
SEC. 203. ASSESSMENT OF PROCESSED-BASED RESTORATION TECHNIQUES.
(a) Wetland and Riparian Restoration Pilot Program.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the United States Geological Survey,
and the Secretary of Agriculture, acting through the Chief of
the Forest Service (referred to in this subsection as the
``Secretaries''), shall jointly establish a pilot program to
conduct research on and evaluate wetland and riparian
restoration techniques.
(2) Assessments.--In carrying out this subsection, the
Secretaries shall--
(A) assess the benefits, including to downstream
infrastructure, water storage, and resilience to
natural hazards, of process-based river and wetland
restoration techniques when carried out at larger
scales; and
(B) make available to the public the results of the
assessment described in subparagraph (A).
(b) Experimental Forests Pilot Project.--The Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
carry out a pilot project on the experimental forests and ranges
managed by the Forest Service to evaluate biologically driven
restoration.
SEC. 204. INTERVENOR STATUS.
(a) In General.--For purposes of a civil action relating to a
qualified project described in subsection (b), a unit of local
government shall be--
(1) entitled to intervene, as of right, in any subsequent
civil action; and
(2) considered to be a full participant in any settlement
negotiation relating to the qualified project if the unit of
local government intervenes.
(b) Description of Qualified Project.--A qualified project referred
to in subsection (a) is a project that--
(1) is located on National Forest System land or public
lands;
(2) has been approved by the Secretary concerned; and
(3)(A) reduces the risk posed by wildfire, including an
insect and disease mitigation project; or
(B) generates revenue from the harvesting of timber.
SEC. 205. UTILIZING GRAZING FOR WILDFIRE PREVENTION.
The Secretary concerned, in coordination with holders of permits to
graze livestock on Federal land, shall develop a strategy to increase
opportunities to utilize livestock grazing as a wildfire mitigation
strategy, including--
(1) completion of reviews (as 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;
(2) use of targeted grazing;
(3) increased use of temporary permits to promote targeted
fuels reduction and reduction of invasive annual grasses;
(4) increased use of grazing as a fire recovery strategy,
where appropriate; and
(5) use of all applicable authorities under law.
TITLE III--WORKFORCE
SEC. 301. LOGGING WORKFORCE.
(a) Training.--
(1) Interstate training programs.--The Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall work with States to develop a universal, tiered program
to train persons to enter the logging workforce.
(2) On-the-job training.--The Secretary concerned shall
examine potential ways to facilitate apprenticeship training to
increase knowledge and skills in an emerging logging workforce.
(b) Modernizing Machinery.--Using funds made available under
section 40804(b)(3) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592a(b)(3)), the Secretary of Agriculture shall provide low-
interest loans or loan guarantees to persons, subject to such
conditions as the Secretary of Agriculture determines to be necessary,
for the acquisition of mechanized machinery for decreasing injuries in
the logging workforce.
SEC. 302. BREAK-IN-SERVICE CONSIDERATION FOR FIREFIGHTER RETIREMENTS.
Notwithstanding sections 8336(c) and 8412(d) of title 5, United
States Code, not later than May 1, 2023, the Secretary concerned, in
coordination with the Secretary of Labor, shall promulgate regulations,
as necessary, to ensure that a Federal wildland firefighter would not
forfeit previously made contributions or eligibility for firefighter
retirement when the wildland firefighter has a voluntary break in
service of not more than 9 months.
SEC. 303. FIREFIGHTER RENTAL HOUSING.
Notwithstanding OMB Circular No. A-45R, when the Secretary
concerned requires a Federal wildland firefighter to occupy government
housing, the Secretary concerned shall not deduct for government
housing rent from the payroll of the wildland firefighter an amount
that is greater than 40 percent of the pre-tax salary of the wildland
firefighter.
TITLE IV--CULTURAL CHANGE IN AGENCIES
SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.
Not later than 3 years after the date of enactment of this Act,
with respect to each unit of public lands and each unit of the National
Forest System, the Secretary concerned shall use not fewer than 1 of
the following streamlined authorities for environmental review:
(1) Section 603(a) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591b(a)).
(2) Section 605(a) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591d(a)).
(3) Section 606(b) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591e(b)).
(4) Section 40806(b) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592b(b)).
(5) Section 40807 of the Infrastructure Investment and Jobs
Act (16 U.S.C. 6592c).
(6) Section 207 of the Wildfire Suppression Funding and
Forest Management Activities Act (16 U.S.C. 6591c note; Public
Law 115-141).
SEC. 402. CURTAILING EMPLOYEE RELOCATIONS.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
``Secretary''), shall curtail employee relocations to significantly
increase the period of time that each line officer works at a duty
station.
(b) Line Officer Hiring Eligibility.--To the maximum extent
practicable, the Secretary shall solicit applications for line officer
positions in a manner that does not limit eligibility for the solicited
position to only an applicant who is a current employee of the Forest
Service.
(c) Limits on Relocation Payments.--The Secretary shall not
reimburse an employee or otherwise pay for expenses relating to a
change in duty station in an amount that exceeds $100,000.
(d) Employment Development.--The Secretary shall develop a program
to provide incentives for employees to gain experience and skills
without relocating (commonly referred to as ``growing in place'').
SEC. 403. REPEAL OF FLAME REPORTS.
Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
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