[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2989 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2989
To improve the health and resiliency of giant sequoias, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. McCarthy (for himself, Mr. Peters, Mr. Westerman, Mr. Costa, Mr.
Valadao, Mr. Panetta, Mr. McClintock, Mr. Garamendi, Mr. Kiley, Mr.
Harder of California, Mr. Obernolte, Mr. Bera, Mrs. Kim of California,
Mr. Thompson of California, Mr. Issa, Mr. Vargas, Mrs. Steel, Mr.
Correa, Mr. Calvert, Mr. Takano, Mr. LaMalfa, Mr. Mullin, Mr. Mike
Garcia of California, Mr. Cardenas, Mr. Duarte, Mr. Bishop of Georgia,
Mr. Thompson of Pennsylvania, Mrs. Lee of Nevada, Mrs. Rodgers of
Washington, Mr. Golden of Maine, Mr. Graves of Louisiana, Ms. Craig,
Mr. Tiffany, Ms. Kuster, Mr. Curtis, Mr. Phillips, Mr. Newhouse, Ms.
Ross, Mr. Stauber, Mr. Moulton, Mr. Bentz, Mr. Cuellar, Mr. Fulcher,
Mrs. Torres of California, Mr. Lamborn, Mrs. Peltola, Mrs. Miller-
Meeks, Mr. Guthrie, Mr. Bergman, Mr. Rutherford, and Mr. Moore of Utah)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve the health and resiliency of giant sequoias, 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 ``Save Our Sequoias
Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Shared stewardship agreement for giant sequoias.
Sec. 4. Giant sequoia lands coalition.
Sec. 5. Giant sequoia health and resiliency assessment.
Sec. 6. Giant sequoia emergency response.
Sec. 7. Giant sequoia reforestation and rehabilitation strategy.
Sec. 8. Giant sequoia strike teams.
Sec. 9. Giant sequoia collaborative restoration grants.
Sec. 10. Good neighbor authority for giant sequoias.
Sec. 11. Stewardship contracting for giant sequoias.
Sec. 12. Giant sequoia emergency protection program and fund.
Sec. 13. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``Assessment'' means the Giant
Sequoia Health and Resiliency Assessment required by section 5.
(2) Coalition.--The term ``Coalition'' means the Giant
Sequoia Lands Coalition certified under section 4.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with multiple
interested persons representing diverse interests.
(4) Covered national forest system lands.--The term
``covered National Forest System lands'' means the proclaimed
National Forest System lands reserved or withdrawn from the
public domain of the United States covering the Sequoia
National Forest and Giant Sequoia National Monument, Sierra
National Forest, and Tahoe National Forest.
(5) Giant sequoia.--The term ``giant sequoia'' means a tree
of the species Sequoiadendron giganteum.
(6) Grove-specific hazardous fuels reduction plan.--The
term ``grove-specific hazardous fuels reduction plan'' means a
plan developed by the applicable land management agency prior
to conducting an analysis under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) to address hazardous fuels
in 1 or more giant sequoia groves.
(7) Protection project.--The term ``Protection Project''
means a Giant Sequoia Protection Project carried out under
section 6.
(8) Public lands.--The term ``public lands'' means--
(A) the Case Mountain Extensive Recreation
Management Area in California managed by the Bureau of
Land Management; and
(B) Kings Canyon National Park, Sequoia National
Park, and Yosemite National Park in California managed
by the National Park Service.
(9) Reforestation.--The term ``reforestation'' means the
act of renewing tree cover by establishing young trees through
natural regeneration, artificial or natural regeneration with
site preparation, planting or direct seeding, or vegetation
competition control following artificial or natural
regeneration.
(10) Rehabilitation.--The term ``rehabilitation'' means any
action taken during the 5-year period beginning on the last day
of a wildland fire to repair or improve fire-impacted lands
which are unlikely to recover to management-approved
conditions.
(11) Relevant congressional committees.--The term
``relevant Congressional Committees'' means--
(A) the Committees on Natural Resources,
Agriculture, and Appropriations of the House of
Representatives; and
(B) the Committees on Energy and Natural Resources,
Agriculture, Nutrition, and Forestry, and
Appropriations of the Senate.
(12) Responsible official.--The term ``responsible
official'' means an employee of the Department of the Interior
or Forest Service who has the authority to make and implement a
decision on a proposed action.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
covered National Forest System lands, or their
designee; and
(B) the Secretary of the Interior, with respect to
public lands, or their designee.
(15) Strategy.--The term ``Strategy'' means the Giant
Sequoia Reforestation and Rehabilitation Strategy established
under section 7.
(16) Strike team.--The term ``Strike Team'' means a Giant
Sequoia Strike Team established under section 8.
(17) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California.
SEC. 3. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
(a) In General.--Not later than 90 days after receiving a request
from the Governor of the State of California or the Tribe, the
Secretary shall enter into an agreement with the Secretary of
Agriculture, the Governor of the State of California, and the Tribe to
jointly carry out the following:
(1) Not later than 30 days after entering into the
agreement, certify the Giant Sequoia Lands Coalition in
accordance with section 4(a).
(2) Not later than 30 days after entering into the
agreement, conduct Protection Projects under section 6.
(3) Not later than 120 days after entering into the
agreement, begin implementing the Giant Sequoia Reforestation
and Rehabilitation Strategy under section 7.
(b) Participation.--
(1) In general.--If the Secretary has not received a
request from the Governor of the State of California or the
Tribe under subsection (a) before the date that is 90 days
after the date of enactment of this Act, the Secretary shall
enter into the agreement under subsection (a) and jointly
implement such agreement with the Secretary of Agriculture.
(2) Future participation.--If the Secretary receives a
request from the Governor of the State of California or the
Tribe any time after entering into the agreement with the
Secretary of Agriculture under paragraph (1), the Secretary
shall accept the Governor of the State of California or the
Tribe as a party to such agreement.
SEC. 4. GIANT SEQUOIA LANDS COALITION.
(a) Establishment.--The Secretary, in consultation with the parties
to such agreement, shall certify the Giant Sequoia Lands Coalition in
accordance with the charter titled ``Giant Sequoia Lands Coalition
Charter'' (or successor charter) signed during the period beginning
June 2, 2022 and ending August 2, 2022 by each of the following:
(1) The National Park Service, representing Sequoia and
Kings Canyon National Parks.
(2) The National Park Service, representing Yosemite
National Park.
(3) The Forest Service, representing Sequoia National
Forest and Giant Sequoia National Monument.
(4) The Forest Service, representing Sierra National
Forest.
(5) The Forest Service, representing Tahoe National Forest.
(6) The Bureau of Land Management, representing Case
Mountain Extensive Recreation Management Area.
(7) The Tribe, representing the Tule River Indian
Reservation.
(8) The State of California, representing Calaveras Big
Trees State Park.
(9) The State of California, representing Mountain Home
Demonstration State Forest.
(10) The University of California, Berkeley, representing
Whitaker's Research Forest.
(11) The County of Tulare, California, representing Balch
Park.
(b) Duties.--In addition to the duties specified in the charter
referenced in subsection (a), the Coalition shall--
(1) carry out the Assessment under section 5;
(2) observe implementation, and provide policy
recommendations to the Secretary, with respect to--
(A) Protection Projects carried out under section
6; and
(B) the Strategy established under section 7;
(3) facilitate collaboration and coordination on Protection
Projects, particularly projects that cross jurisdictional
boundaries;
(4) facilitate information sharing, including best
available science as described in section 5(c) and mapping
resources; and
(5) support the development and dissemination of
educational materials and programs that inform the public about
the threats to the health and resiliency of giant sequoia
groves and actions being taken to reduce the risk to such
groves from high-severity wildfire, insects, and drought.
(c) Administrative Support, Technical Services, and Staff
Support.--The Secretary shall make personnel of the Department of the
Interior available to the Coalition for administrative support,
technical services, development and dissemination of educational
materials, and staff support that the Secretary determines necessary to
carry out this section.
SEC. 5. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
(a) In General.--Not later than 180 days after the first meeting of
the Coalition, the Coalition shall submit to the relevant Congressional
Committees a Giant Sequoia Health and Resiliency Assessment that, based
on the best available science--
(1) identifies--
(A) each giant sequoia grove that has experienced
a--
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have
living giant sequoias within the grove,
including identifying the tree mortality and
regeneration of giant sequoias within such
grove;
(B) each giant sequoia grove that is at high risk
of experiencing a stand-replacing disturbance;
(C) lands located near giant sequoia groves that
are at risk of experiencing high-severity wildfires
that could adversely impact such giant sequoia groves;
and
(D) each giant sequoia grove that has experienced a
disturbance and is unlikely to naturally regenerate and
is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to
threats, such as--
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) with respect to Protection Projects, proposes a list of
highest priority Protection Projects to be carried out under
section 6, giving priority to projects located on lands
identified under subparagraphs (B) and (C) of subsection
(a)(1);
(4) examines how historical, Tribal, or current approaches
to wildland fire suppression and forest management activities
across various jurisdictions have impacted the health and
resiliency of giant sequoia groves with respect to--
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(5) includes program and policy recommendations that
address--
(A) Federal and State policies that impede
activities to improve the health and resiliency of
giant sequoias and proposed policy changes to address
such impediments;
(B) new Federal and State policies necessary to
increase the pace and scale of treatments that improve
the health and resiliency of giant sequoias;
(C) options to enhance communication, coordination,
and collaboration, particularly for cross-boundary
projects, to improve the health and resiliency of giant
sequoias; and
(D) research gaps that should be addressed to
improve the best available science on the giant
sequoias.
(b) Annual Updates.--Not later than 1 year after the submission of
the Assessment under subsection (a), and annually thereafter, the
Coalition shall submit an updated Assessment to the relevant
Congressional Committees that--
(1) includes any new data, information, or best available
science that has changed or become available since the previous
Assessment was submitted;
(2) with respect to Protection Projects--
(A) includes information on the number of
Protection Projects initiated the previous year and the
estimated timeline for completing those projects;
(B) includes information on the number of
Protection Projects planned in the upcoming year and
the estimated timeline for completing those projects;
(C) provides status updates and long-term
monitoring reports on giant sequoia groves after the
completion of Protection Projects;
(D) if the Secretary concerned failed to initiate
at least 7 Protection Projects in the previous year, a
written explanation that includes--
(i) a detailed explanation of what
impediments resulted in failing to initiate at
least 7 Protection Projects;
(ii) a detailed explanation of what actions
the Secretary concerned is taking to ensure
that at least 7 Protection Projects are
initiated the following year; and
(iii) recommendations to Congress on any
policies that need to be changed to assist the
Secretary concerned in initiating Protection
Projects; and
(3) with respect to reforestation and rehabilitation of
giant sequoias--
(A) contains updates on the implementation of the
Strategy under section 7, including grove-level data on
reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports
on giant sequoia groves that have experienced natural
or artificial regeneration as part of the Strategy
under section 7.
(c) Dashboard.--
(1) Requirement to maintain.--The Coalition shall create
and maintain a website that--
(A) publishes the Assessment, annual updates to the
Assessment, and other educational materials developed
by the Coalition;
(B) contains searchable information about
individual giant sequoia groves, including the--
(i) resiliency of such groves to threats
described in paragraphs (1) and (2) of
subsection (a);
(ii) Protection Projects that have been
proposed, initiated, or completed in such
groves; and
(iii) reforestation and rehabilitation
activities that have been proposed, initiated,
or completed in such groves; and
(C) maintains a searchable database to track--
(i) the status of Federal environmental
reviews and authorizations for specific
Protection Projects and reforestation and
rehabilitation activities; and
(ii) the projected cost of Protection
Projects and reforestation and rehabilitation
activities.
(2) Searchable database.--The Coalition shall include
information on the status of Protection Projects in the
searchable database created under paragraph (1)(C), including--
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead
agency, cooperating agency, and participating agency
with the permitting timetable;
(C) any modifications of the permitting timetable
required under subparagraph (A), including an
explanation as to why the permitting timetable was
modified; and
(D) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant
language of the community or communities most affected
by the project, as that information becomes available.
(d) Best Available Science.--In utilizing the best available
science for the Assessment, the Coalition shall include--
(1) data and peer-reviewed research from academic
institutions with a demonstrated history of studying giant
sequoias and with experience analyzing distinct management
strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from the Tribe related
to improving the health and resiliency of giant sequoia groves;
and
(3) data from Federal, State, Tribal, and local governments
or agencies.
(e) Technology Improvements.--In carrying out this section, the
Secretary may enter into memorandums of understanding or agreements
with other Federal agencies or departments, State or local governments,
Tribal governments, private entities, or academic institutions to
improve, with respect to the Assessment, the use and integration of--
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary determines will
benefit the quality of information used in the Assessment.
(f) Planning.--The Coalition shall make information from this
Assessment available to the Secretary concerned and State of California
to integrate into the--
(1) State of California's Wildfire and Forest Resilience
Action Plan;
(2) Forest Service's 10-year Wildfire Crisis Strategy (or
successor plan); and
(3) Department of the Interior's Wildfire Risk Five-Year
Monitoring, Maintenance, and Treatment Plan (or successor
plan).
(g) Relation to the National Environmental Policy Act of 1969.--The
development and submission of the Assessment under subsection (a) shall
not be subject to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 6. GIANT SEQUOIA EMERGENCY RESPONSE.
(a) Emergency Response To Protect Giant Sequoias.--
(1) In general.--
(A) Emergency determination.--Congress determines
that--
(i) an emergency exists on public lands and
covered National Forest System lands that makes
it necessary to carry out Protection Projects
that take needed actions to respond to the
threat of wildfires, insects, and drought to
giant sequoias; and
(ii) Protection Projects are necessary to
control the immediate impacts of the emergency
described in clause (i) and are needed to
mitigate harm to life, property, or important
natural or cultural resources on public lands
and covered National Forest System lands.
(B) Application.--The emergency determination
established under subparagraph (A) shall apply to all
public lands and covered National Forest System lands.
(C) Expiration.--The emergency determination
established under subparagraph (A) shall expire on the
date that is 7 years after the date of the enactment of
this Act.
(2) Implementation.--While the emergency determination
established under subsection (a) is in effect--
(A) a responsible official may carry out a
Protection Project described by paragraph (4) before
initiating--
(i) an analysis under section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332);
(ii) consultation under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536); and
(iii) consultation under section 106 of the
National Historic Preservation Act (16 U.S.C.
470(f)); and
(B) the rules established under subsections (d) and
(e) section 40807 of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592c(d) and (e)) shall apply with
respect to Protection Projects by substituting
``Protection Projects'' for ``authorized emergency
action under this section'' each place it appears in
such subsections; and
(C) Protection Projects shall be subject to the
requirements of section 106 of title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et
seq.).
(3) Protection projects.--The responsible official shall
carry out the following forest management activities as
Protection Projects under the emergency determination under
this section:
(A) Activities recommended by the Assessment under
section 5.
(B) Conducting hazardous fuels management,
including mechanical thinning, mastication, and
prescribed burning.
(C) Removing hazard trees, dead trees, dying trees,
or trees at risk of dying, as determined by the
responsible official.
(D) Removing trees to address overstocking or
crowding in a forest stand, consistent with the
appropriate basal area of the forest stand as
determined by the responsible official.
(E) Activities included in the applicable grove-
specific hazardous fuels reduction plan.
(F) Using chemical treatments to address insects
and disease and control vegetation competition.
(G) Any combination of activities described in this
paragraph.
(4) Requirements.--
(A) In general.--Protection Projects carried out
under paragraph (3) and reforestation and
rehabilitation activities carried out under this Act
that are described by subparagraph (D) are a category
of actions hereby designated as being categorically
excluded from the preparation of an environmental
assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(B) Availability.--The Secretary concerned shall
use the categorical exclusion established under
subparagraph (A) in accordance with this section.
(C) Interagency cooperation.--
(i) Findings.--Congress finds that
Protection Projects carried out under this
section are consistent with improving the
health and resiliency of critical habitat for
threatened and endangered species, including
the pacific fisher and California spotted owl.
(ii) Consultation.--The informal
consultation requirements in sections 402.05 of
title 50 and 800.12 of title 36, Code of
Federal Regulations (or a successor
regulation), shall apply to Protection
Projects.
(D) Requirements.--A Protection Project or
reforestation or rehabilitation activity is described
by this subparagraph if such Protection Project or
reforestation or rehabilitation activity--
(i) covers an area of no more than--
(I) 2,000 acres within giant
sequoia groves where a grove-specific
hazardous fuels reduction plan has been
developed by the relevant land
management agency or on lands
identified under section 5(a)(1)(B);
and
(II) 3,000 acres on lands
identified under section 5(a)(1)(C);
and
(ii) was--
(I) proposed by the Assessment
under section 5(a)(3);
(II) developed through a
collaborative process; or
(III) proposed by a resource
advisory committee (as defined in
section 201 of the Secure Rural Schools
and Community Self-Determination Act of
2000 (16 U.S.C. 7121)); and
(iii) occurs on Federal land or non-Federal
land with the consent of the non-Federal
landowner.
(E) 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
Protection Projects, including--
(i) good neighbor agreements entered into
under section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a); and
(ii) stewardship contracting projects
entered into under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c).
(F) Savings clause.--With respect to joint
Protection Projects and reforestation and
rehabilitation activities involving the Tribe, nothing
in this section shall be construed to add any
additional regulatory requirements onto the Tribe.
(b) Implementation.--To the maximum extent practicable, the
Secretary concerned shall initiate no fewer than 7 Protection Projects
each year.
SEC. 7. GIANT SEQUOIA REFORESTATION AND REHABILITATION STRATEGY.
(a) Reforestation and Rehabilitation Strategy.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(3), the Secretary, in
consultation with the parties to such agreement, shall develop
and implement a strategy, to be known as the Giant Sequoia
Reforestation and Rehabilitation Strategy, to enhance the
reforestation and rehabilitation of giant sequoia groves that--
(A) identifies giant sequoia groves in need of
natural or artificial regeneration, giving highest
priority to groves identified under section
5(a)(1)(A)(i);
(B) creates a priority list of reforestation and
rehabilitation activities;
(C) identifies and addresses--
(i) barriers to reforestation or
rehabilitation including--
(I) regulatory barriers;
(II) seedling shortages or related
nursery infrastructure capacity
constraints;
(III) labor and workforce
shortages;
(IV) technology and science gaps;
and
(V) site preparation challenges;
(ii) potential public-private partnership
opportunities to complete high-priority
reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog
of reforestation for giant sequoias in the 10-
year period after the agreement is entered into
under section 3; and
(iv) strategies to ensure genetic diversity
across giant sequoia groves; and
(D) includes program and policy recommendations
needed to improve the efficiency or effectiveness of
the Strategy.
(2) Assessment.--The Secretary may incorporate the Strategy
into the Assessment under section 5.
(b) Priority Reforestation Projects Amendment.--Section
3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended--
(1) in item (bb), by striking ``and'';
(2) in item (cc), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(dd) shall include reforestation and rehabilitation activities
conducted under section 7 of the Save Our Sequoias Act.''.
(c) Implementation.--Section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)) is amended by inserting ``Nothing in this Act shall
restrict or prohibit the Secretary of the Interior or Secretary of
Agriculture from conducting reforestation (as such term is defined in
section 2 of the Save Our Sequoias Act) activities to reestablish giant
sequoias following a wildfire.'' after the period at the end.
SEC. 8. GIANT SEQUOIA STRIKE TEAMS.
(a) Giant Sequoia Strike Teams.--
(1) Establishment.--The Secretary concerned shall each
establish a Giant Sequoia Strike Team to assist the Secretary
concerned with the implementation of--
(A) primarily, section 6; and
(B) secondarily, section 7.
(2) Duties.--Each Strike Team shall--
(A) assist the Secretary concerned with any
reviews, including analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), consultations under the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and
consultations under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(B) implement any necessary site preparation work
in advance of or as part of a Protection Project or
reforestation or rehabilitation activity;
(C) implement Protection Projects under section 6;
and
(D) implement reforestation or rehabilitation
activities under section 7.
(3) Members.--The Secretary concerned may appoint no more
than 10 individuals each to serve on a Strike Team comprised
of--
(A) employees of the Department of the Interior;
(B) employees of the Forest Service;
(C) private contractors from any nonprofit
organization, State government, Tribal Government,
local government, academic institution, or private
organization; and
(D) volunteers from any nonprofit organization,
State government, Tribal Government, local government,
academic institution, or private organization.
SEC. 9. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
(a) In General.--The Secretary, in consultation with the parties to
the agreement under section 3, shall establish a program to award
grants to eligible entities to advance, facilitate, or improve giant
sequoia health and resiliency.
(b) Eligible Entity.--The Secretary may award grants under this
section to any nonprofit organization, Tribal Government, local
government, academic institution, or private organization to help
advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) primarily, are likely to have the greatest impact on
giant sequoia health and resiliency; and
(2) secondarily--
(A) are small businesses, particularly in rural
areas; and
(B) create or support jobs, particularly in rural
areas.
(d) Use of Grant Funds.--Funds from grants awarded under this
section shall be used to--
(1) create, expand, or develop markets for hazardous fuels
removed under section 6, including markets for biomass and
biochar;
(2) facilitate hazardous fuel removal under section 6,
including by reducing the cost of transporting hazardous fuels
removed as part of a Protection Project;
(3) expand, enhance, develop, or create permanent or
temporary facilities or land that can store or process
hazardous fuels removed under section 6; and
(4) establish, develop, expand, enhance, or improve nursery
capacity or infrastructure necessary to facilitate the Strategy
established under section 7.
SEC. 10. GOOD NEIGHBOR AUTHORITY FOR GIANT SEQUOIAS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) by redesignating clause (iii) as
clause (iv);
(iii) by inserting after clause (ii) the
following:
``(iii) activities conducted under section
6 of the Save Our Sequoias Act;'';
(iv) in clause (iv), as so redesignated, by
striking the period at the end and inserting
``; or''; and
(v) by adding at the end the following:
``(v) any combination of activities
specified in clauses (i) through
(iv).'';
(B) in paragraph (6), by striking ``or Indian
tribe''; and
(C) in paragraph (10)(B) by striking ``land.'' and
inserting ``land, Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park.''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) by amending paragraph (2)(C) to read as
follows:
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor, an Indian tribe, or a
county under a good neighbor agreement shall be
retained and used by the Governor, Indian tribe, or
county, as applicable--
``(i) to carry out authorized restoration
services under such good neighbor agreement;
and
``(ii) if there are funds remaining after
carrying out the services under clause (i), to
carry out authorized restoration services
within the State under other good neighbor
agreements.'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(3) Conforming amendments.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(A) in paragraph (1)(B), by inserting ``, Indian
tribe,'' after ``Governor''; and
(B) in paragraph (5), by inserting ``, Indian
tribe,'' after ``Governor''.
SEC. 11. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
(a) National Park Service.--Section 604(a)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended to
read--
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management with respect to Bureau of Land
Management lands and the Director of the National Park Service
with respect to lands within Kings Canyon National Park,
Sequoia National Park, and Yosemite National Park.''.
(b) Giant Sequoia Stewardship Contracts.--Section 604(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended
by adding at the end the following:
``(8) Promoting the health and resiliency of giant
sequoias.''.
SEC. 12. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND FUND.
(a) In General.--Chapter 1011 of title 54, United States Code, is
amended by inserting at the end the following:
``Sec. 101123. Giant sequoia emergency protection program and fund
``(a) Giant Sequoia Emergency Protection Program.--The National
Park Foundation, in coordination with the National Forest Foundation,
shall design and implement a comprehensive program to assist and
promote philanthropic programs of support that benefit--
``(1) primarily, the management and conservation of giant
sequoias on National Park Service and covered National Forest
System lands to promote resiliency to wildfires, insects, and
drought; and
``(2) secondarily, the reforestation of giant sequoias on
National Park Service and covered National Forest System lands
impacted by wildfire.
``(b) Giant Sequoia Emergency Protection Fund.--The National Park
Foundation, in coordination with the National Forest Foundation, shall
establish a joint special account to be known as the Giant Sequoia
Emergency Protection Fund (referred to as `the Fund' in this section),
to be administered in support of the program established under
subsection (a).
``(1) Funds for giant sequoia emergency protection.--The
following shall apply to the Fund:
``(A) The Fund shall consist of any gifts, devises,
or bequests that are provided to the National Park
Foundation or National Forest Foundation for such
purpose.
``(B) The National Park Foundation and National
Forest Foundation shall deposit any funds received for
the Fund in a federally insured interest-bearing
account or may invest funds in appropriate security
obligations, as mutually agreed upon.
``(C) Any accrued interest or dividends earned on
funds received for the Fund shall be added to the
principal and form a part of the Fund.
``(2) Use of funds.--Funds shall be available to the
National Park Foundation and National Forest Foundation without
further appropriation, subject to the provisions in paragraph
(3), for projects and activities approved by the Chief of the
Forest Service or the Director of the National Park Service as
appropriate, or their designees, to--
``(A) primarily, support the management and
conservation of giant sequoias on National Park Service
and covered National Forest System lands to promote
resiliency to wildfires, insects, and drought; and
``(B) secondarily, support the reforestation of
giant sequoias on National Park Service and covered
National Forest System lands impacted by wildfire.
``(3) Tribal support.--Of the funds provided to the
National Park Foundation and National Forest Foundation under
paragraph (2), not less than 15 percent of such funds shall be
used to support tribal management and conservation of giant
sequoias.
``(c) Summary.--Beginning 1 year after the date of the enactment of
this Act, the National Park Foundation and National Forest Foundation
shall include with their annual reports a summary of the status of the
program and Fund created under this section that includes--
``(1) a statement of the amounts deposited in the Fund
during the fiscal year;
``(2) the amount of the balance remaining in the Fund at
the end of the fiscal year; and
``(3) a description of the program and projects funded
during the fiscal year.
``(d) Covered National Forest System Lands Defined.--In this
section, the term `covered National Forest System lands' has the
meaning given such term in section 2 of the Save Our Sequoias Act.''.
(b) Conforming Amendment.--The table of sections for chapter of
title 54, United States Code, is amended by inserting at the end the
following:
``Sec. 101123. Giant Sequoia Emergency Protection Program and Fund.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to the availability of appropriations made
in advance for such purposes, the Secretary concerned shall allocate up
to--
(1) $10,000,000 for fiscal year 2024;
(2) $25,000,000 for fiscal year 2025;
(3) $30,000,000 for each of fiscal years 2026 through 2028;
and
(4) $40,000,000 for each of fiscal years 2029 through 2030.
(b) Limitation.--Of the amounts authorized under subsection (a),
not less than 90 percent of funds shall be used to carry out section 6
and section 9 of this Act.
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