[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8790 Reported in House (RH)]
<DOC>
Union Calendar No. 570
118th CONGRESS
2d Session
H. R. 8790
[Report No. 118-674, Part I]
To expedite under the National Environmental Policy Act of 1969 and
improve forest management activities on National Forest System lands,
on public lands under the jurisdiction of the Bureau of Land
Management, and on Tribal lands to return resilience to overgrown,
fire-prone forested lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2024
Mr. Westerman (for himself, Mr. Peters, Mr. Tiffany, Mr. Panetta, Mr.
Stauber, Mr. Costa, Mr. McClintock, Mr. Cardenas, Mr. Curtis, Mr. Bera,
Mr. Duarte, Mr. Moylan, and Mr. Gosar) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, and Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
September 12, 2024
Additional sponsors: Mr. Lamborn, Mr. Carl, Ms. Boebert, Mrs. Chavez-
DeRemer, Mr. Bentz, Mrs. Radewagen, Mr. Collins, Mr. Garamendi, Mrs.
Kim of California, Mr. Zinke, and Mr. Johnson of South Dakota
September 12, 2024
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 12, 2024
Committees on Agriculture and Science, Space, and Technology
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June
18, 2024]
_______________________________________________________________________
A BILL
To expedite under the National Environmental Policy Act of 1969 and
improve forest management activities on National Forest System lands,
on public lands under the jurisdiction of the Bureau of Land
Management, and on Tribal lands to return resilience to overgrown,
fire-prone forested lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Our Forests
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High Priority
Firesheds
Sec. 101. Designation of fireshed management areas.
Sec. 102. Fireshed center.
Sec. 103. Fireshed registry.
Sec. 104. Shared stewardship.
Sec. 105. Fireshed assessments.
Sec. 106. Emergency fireshed management.
Sec. 107. Sunset.
Subtitle B--Expanding Collaborative Tools to Reduce Wildfire Risk and
Improve Forest Health
Sec. 111. Modification of the treatment of certain revenue and payments
under good neighbor agreements.
Sec. 112. Fixing stewardship end result contracting.
Sec. 113. Intra-agency strike teams.
Sec. 114. Locally-led restoration.
Sec. 115. Joint Chiefs landscape restoration partnership program.
Sec. 116. Collaborative forest landscape restoration program.
Subtitle C--Litigation Reform
Sec. 121. Commonsense litigation reform.
Sec. 122. Consultation on forest plans.
TITLE II--PROTECTING COMMUNITIES IN THE WILDLAND-URBAN INTERFACE
Sec. 201. Community wildfire risk reduction program.
Sec. 202. Community wildfire defense research program.
Sec. 203. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights-of-way.
Sec. 204. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 205. Seeds of success.
TITLE III--TRANSPARENCY AND TECHNOLOGY
Sec. 301. Biochar innovations and opportunities for conservation,
health, and advancements in research.
Sec. 302. Accurate hazardous fuels reduction reports.
Sec. 303. Public-private wildfire technology deployment and testbed
partnership.
Sec. 304. GAO study on Forest Service policies.
Sec. 305. Forest Service Western headquarters study.
Sec. 306. Keeping forest plans current and monitored.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Fireshed Center appointed under section 102.
(2) Fireshed.--The term ``fireshed'' means a landscape-
scale area that faces similar wildfire threat where a response
strategy could influence the wildfire outcome.
(3) Fireshed management project.--The term ``fireshed
management project'' means a project under section 106.
(4) Fireshed registry.--The term ``Fireshed Registry''
means the fireshed registry established under section 103.
(5) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712);
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604); or
(C) a forest management plan (as defined in section
304 of the National Indian Forests Resources Management
Act (25 U.S.C. 3104)) with respect to Indian forest
land or rangeland.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State
or Indian Tribe or the Commonwealth of Puerto Rico.
(7) Hazardous fuels management activities.--The term
``hazardous fuels management activities'' means any vegetation
management activities (or combination thereof) that reduce the
risk of wildfire, including mechanical thinning, mastication,
prescribed burning, cultural burning (as determined by the
applicable Indian Tribe), timber harvest, and grazing.
(8) HFRA terms.--The terms ``at-risk community'',
``community wildfire protection plan'', and ``wildland-urban
interface'' have the meanings given such terms, respectively,
in section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511).
(9) Indian forest land or rangeland.--The term ``Indian
forest land or rangeland'' means land that--
(A) is held in trust by, or with a restriction
against alienation by, the United States for an Indian
Tribe or a member of an Indian Tribe; and
(B)(i)(I) is Indian forest land (as defined in
section 304 of the National Indian Forest Resources
Management Act (25 U.S.C. 3103)); or
(II) has a cover of grasses, brush,
or any similar vegetation; or
(ii) formerly had a forest cover or
vegetative cover that is capable of
restoration.
(10) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(11) National forest system lands.--The term ``National
Forest System lands'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1609).
(12) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(13) Relevant congressional committees.--The term
``relevant Congressional Committees'' means--
(A) the Committees on Natural Resources and
Agriculture of the House of Representatives; and
(B) the Committees on Energy and Natural Resources
and Agriculture, Nutrition, and Forestry of the Senate.
(14) Responsible official.--The term ``responsible
official'' means an employee of the Department of the Interior
or Forest Service who has the authority to make and implement a
decision on a proposed action.
(15) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(17) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
(18) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High Priority
Firesheds
SEC. 101. DESIGNATION OF FIRESHED MANAGEMENT AREAS.
(a) Designation of Fireshed Management Areas.--
(1) Initial designations.--For the period beginning on the
date of enactment of this Act and ending on the date that is 5
years after the date of enactment of this Act, there are
designated fireshed management areas, which--
(A) shall be comprised of individual landscape-
scale firesheds identified as being a high risk
fireshed in the ``Wildfire Crisis Strategy'' published
by the Forest Service in January 2022;
(B) shall be comprised of individual landscape-
scale firesheds identified by the Secretary, in
consultation with the Secretary of the Interior, as
being in the top 20 percent of the 7,688 firesheds
published by the Rocky Mountain Research Station of the
Forest Service in 2019 for wildfire exposure based on
the following criteria--
(i) wildfire exposure and corresponding
risk to communities, including risk to
structures and life;
(ii) wildfire exposure and corresponding
risk to municipal watersheds, including tribal
water supplies and systems; and
(iii) risk of forest conversion due to
wildfire;
(C) shall not overlap with any other fireshed
management areas;
(D) may contain Federal and non-Federal land,
including Indian forest lands or rangelands; and
(E) where the Secretary concerned shall carry out
fireshed management projects.
(2) Further fireshed management area designations.--
(A) In general.--On the date that is 5 years after
the date of the enactment of this Act and every 5 years
thereafter, the Secretary, in consultation with the
Secretary of the Interior, shall submit to the relevant
Congressional Committees an updated map of firesheds
based on the Fireshed Registry maintained under section
103.
(B) Designation.--Not later than 60 days after
submitting an updated fireshed map under subparagraph
(A), the Secretary shall, based on such map, designate
additional fireshed management areas that are
identified as being in the top 20 percent of firesheds
at risk of wildfire exposure based on the criteria
specified in subparagraphs (B), (C), (D), and (E) of
paragraph (1).
(b) Applicability of Nepa.--The designation of fireshed management
areas under this section shall not be subject to the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 102. FIRESHED CENTER.
(a) Establishment.--
(1) In general.--The Secretary, acting through the Chief of
the Forest Service, and the Secretary of the Interior, acting
through the Director of the U.S. Geological Survey, shall
jointly establish a Fireshed Center (hereinafter referred to as
the ``Center'') comprised of at least one career representative
from each of the following:
(A) The Forest Service.
(B) The Bureau of Land Management.
(C) The National Park Service.
(D) The Bureau of Indian Affairs.
(E) The U.S. Fish and Wildlife Service.
(F) The U.S. Geological Survey.
(G) The Department of Defense.
(H) The Department of Homeland Security.
(I) The Department of Energy.
(J) The Federal Emergency Management Agency.
(K) The National Science Foundation.
(L) The National Oceanic and Atmospheric
Administration.
(M) The National Aeronautics and Space
Administration.
(N) The National Institute of Standards and
Technology.
(2) Director.--The Secretary, acting through the Chief of
the Forest Service, and the Secretary of the Interior, acting
through the Director of the U.S. Geological Survey, shall
jointly appoint a Director of the Center, who--
(A) shall be an employee of the U.S. Geological
Survey or the Forest Service;
(B) shall serve an initial term of not more than 7
years; and
(C) may serve one additional term of not more than
7 years after the initial term described in
subparagraph (B).
(3) Additional representation.--The Secretary, acting
through the Chief of the Forest Service and the Secretary of
the Interior, acting through the Director of the U.S.
Geological Survey, may jointly appoint additional
representatives of Federal agencies to the Center, as the
Secretaries determine necessary.
(b) Purposes.--The purposes of the Center are to--
(1) comprehensively assess and predict fire and smoke in
the wildland and built environment interface across
jurisdictions to inform--
(A) land and fuels management;
(B) community, public health, and built environment
risk reduction; and
(C) fire response and post-fire recovery;
(2) provide data aggregation, real-time predictive
services, and science-based decision support services;
(3) reduce fragmentation and duplication across Federal
land management agencies with respect to predictive service and
decision support functions related to wildland fire and smoke;
(4) promote coordination and sharing of data regarding
wildland fire and smoke decision making between Federal
agencies, States, Indian Tribes, local governments, academic or
research institutions, and private entities;
(5) streamline procurement processes and cybersecurity
systems related to addressing wildland fire and smoke;
(6) provide publicly accessible data, models, technologies
(including mapping technologies), assessments, and fire weather
forecasts to support short- and long-term planning regarding
wildland fire and smoke risk reduction and post-fire recovery;
and
(7) maintain the Fireshed Registry established under
section 103.
(c) Memoranda of Understanding.--The Center may enter into
memorandums of understanding, contracts, or other agreements with State
governments, Indian Tribes, local governments, academic or research
institutions, and private entities to improve the information and
operations of the Center.
(d) Administrative Support, Technical Services, and Staff
Support.--
(1) USGS support.--The Secretary of the Interior shall make
personnel of the U.S. Geological Survey available to the Center
for such administrative support, technical services, and
development and dissemination of data as the Secretary
determines necessary to carry out this section.
(2) USFS support.--The Secretary shall make personnel of
the Forest Service available to the Center for such
administrative support, technical services, and the development
and dissemination of information related to fireshed management
and the Fireshed Registry as the Secretary determines necessary
to carry out this section.
SEC. 103. FIRESHED REGISTRY.
(a) Fireshed Registry.--The Secretary, acting through the Director
of the Fireshed Center appointed under section 102, shall maintain a
Fireshed Registry on a publicly accessible website that provides
interactive geospatial data on individual firesheds, including
information on--
(1) wildfire exposure delineated by ownership, including
rights-of-way for utilities and other public or private
purposes;
(2) any hazardous fuels management activities that have
occurred within an individual fireshed in the past 10 years;
(3) wildfire exposure with respect to such fireshed
delineated by--
(A) wildfire exposure and corresponding risk to
communities, including risk to structures and life;
(B) wildfire exposure and corresponding risk to
municipal watersheds, including tribal water supplies
and systems; and
(C) risk of forest conversion due to wildfire;
(4) the percentage of the fireshed that has burned in
wildfires in the past 10 years, including, to the extent
practicable, delineations of acres that have burned at a high
severity;
(5) spatial patterns of wildfire exposure, including
plausible extreme fire events; and
(6) any hazardous fuels management activities planned for
the fireshed, including fireshed management projects.
(b) Community Wildfire Protection Plans.--The Director shall make
data from the Fireshed Registry available to local communities
developing or updating community wildfire protection plans.
(c) Requirement to Maintain.--As part of the website containing the
Fireshed Registry, the Director shall--
(1) publish fireshed assessments created under section 105;
and
(2) maintain a searchable database to track--
(A) the status of Federal environmental reviews,
permits, and authorizations for fireshed management
projects, including--
(i) a comprehensive permitting timetable;
(ii) the status of the compliance of each
lead agency, cooperating agency, and
participating agency with the permitting
timetable with respect to such fireshed
management projects;
(iii) any modifications of the permitting
timetable required under clause (i), including
an explanation as to why the permitting
timetable was modified; and
(iv) information about project-related
public meetings, public hearings, and public
comment periods, which shall be presented in
English and the predominant language of the
community or communities most affected by the
project, as that information becomes available;
(B) the projected cost of such fireshed management
projects; and
(C) in the case of completed fireshed management
projects, the effectiveness of such projects in
reducing the wildfire exposure within an applicable
fireshed, including wildfire exposure described in
subparagraphs (A) through (C) of subsection (a)(3).
(d) Reliance on Existing Assessments.--In carrying out this
section, the Director may rely on assessments completed or data gather
through existing partnerships, to the extent practicable.
SEC. 104. SHARED STEWARDSHIP.
(a) Joint Agreements.--Not later than 90 days after receiving a
written request from a Governor of a State or an Indian Tribe, the
Secretary concerned shall enter into a shared stewardship agreement (or
similar agreement) with such Governor or Indian Tribe to jointly--
(1) promote the reduction of wildfire exposure, based on
the criteria in section 101(a)(1)(B), in fireshed management
areas across jurisdictional boundaries; and
(2) conduct fireshed assessments under section 105.
(b) Additional Fireshed Management Areas.--With respect to a shared
stewardship agreement (or similar agreement) with a Governor of a State
or an Indian Tribe entered into under subsection (a), the Secretary
concerned, if requested by such Governor or Indian Tribe, may--
(1) designate additional fireshed management areas under
such agreement; and
(2) update such agreement to address new wildfire threats.
SEC. 105. FIRESHED ASSESSMENTS.
(a) Fireshed Assessments.--
(1) In general.--Not later than 90 days after the date on
which the Secretary concerned enters into an agreement with a
Governor of a State or an Indian Tribe under section 104, the
Secretary concerned and such Governor or Indian Tribe shall,
with respect to the fireshed management areas designated in
such State, jointly conduct a fireshed assessment that--
(A) identifies--
(i) using the best available science,
wildfire exposure risks within each such
fireshed management area, including scenario
planning and wildfire hazard mapping and
models; and
(ii) each at-risk community within each
fireshed management area;
(B) identifies potential fireshed management
projects to be carried out in such fireshed management
areas, giving priority--
(i) primarily, to projects with the purpose
of reducing--
(I) wildfire exposure and
corresponding risk to communities,
including risk to structures and life;
(II) wildfire exposure and
corresponding risk to municipal
watersheds, including tribal water
supplies and systems;
(III) risk of forest conversion due
to wildfire; or
(IV) any combination of purposes
described in subclauses (I) through
(III); and
(ii) secondarily, to projects with the
purpose of protecting--
(I) critical infrastructure,
including utility infrastructure;
(II) wildlife habitats, including
habitat for species listed under the
Endangered Species Act (16 U.S.C. 1531
et seq.);
(III) the built environment,
including residential and commercial
buildings;
(IV) resources of an Indian Tribe,
as defined by the Indian Tribe; or
(V) any combination of purposes
described in subclauses (I) through
(IV);
(C) includes--
(i) a strategy for reducing the threat of
wildfire to at-risk communities in the
wildland-urban interface on both Federal and
non-Federal land;
(ii) a timeline for the implementation of
fireshed management projects;
(iii) long-term benchmark goals for the
completion of fireshed management projects in
the highest wildfire exposure areas so that
such projects contribute to the development and
maintenance of healthy and resilient
landscapes; and
(iv) policies to ensure fireshed management
projects comply with applicable forest plans
and incorporate the best available science;
(D) shall be regularly updated based on the best
available science, as determined by the Secretary
concerned; and
(E) shall be publicly available on a website
maintained by the Secretary concerned.
(2) Local government participation.--Upon the written
request of a local government, the Secretary concerned and the
Governor of the State in which the local government is located
may allow such local government to participate in producing the
fireshed assessment under paragraph (1) for such State.
(3) Information improvement.--
(A) Memorandums of understanding.--In carrying out
a fireshed assessment under this subsection, the
Secretary concerned may enter into memorandums of
understanding with other Federal agencies or
departments, States, Indian Tribes, private entities,
or research or educational institutions to improve,
with respect to such assessment, the use and
integration of--
(i) advanced remote sensing and geospatial
technologies;
(ii) statistical modeling and analysis; or
(iii) any other technology or combination
of technologies and analyses that the Secretary
concerned determines will benefit the quality
of information of such an assessment.
(B) Best available science.--In using the best
available science for the fireshed assessments
completed under subsection (a)(1), the Secretary
concerned and Governor shall, to the maximum extent
practicable, incorporate--
(i) traditional ecological knowledge from
Indian Tribes;
(ii) data from State forest action plans
and State wildfire risk assessments;
(iii) data from the Fireshed Registry
maintained under section 103; and
(iv) data from other Federal, State,
Tribal, and local governments or agencies.
(b) Applicability of NEPA.--Fireshed assessments conducted under
this section shall not be subject to the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 106. EMERGENCY FIRESHED MANAGEMENT.
(a) Fireshed Management Projects.--
(1) In general.--The Secretary concerned, acting through a
responsible official, shall carry out fireshed management
projects in fireshed management areas designated under section
101 in accordance with this section.
(2) Fireshed management projects.--The responsible official
shall carry out the following forest and vegetation management
activities as fireshed management projects under this section:
(A) Conducting hazardous fuels management
activities.
(B) Creating fuel breaks and fire breaks.
(C) Removing hazard trees, dead trees, dying trees,
or trees at risk of dying, as determined by the
responsible official.
(D) Developing, approving, or conducting routine
maintenance under a vegetation management, facility
inspection, and operation and maintenance plan
submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1772(c)(1)).
(E) Removing trees to address overstocking or
crowding in a forest stand, consistent with the
appropriate basal area of the forest stand as
determined by the responsible official.
(F) Using chemical or re-seeding and planting
treatments to address insects and disease and control
vegetation competition or invasive species.
(G) Any activities recommended by an applicable
fireshed assessment carried out under section 105.
(H) Any activities recommended by an applicable
community wildfire protection plan.
(I) Any combination of activities described in this
paragraph.
(3) Emergency fireshed management.--
(A) In general.--For any fireshed management area
designated under section 101, the following shall have
the force and effect of law:
(i) Section 220.4(b) of title 36, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), with respect to
lands under the jurisdiction of the Secretary.
(ii) Section 46.150 of title 43, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), with respect to
lands under the jurisdiction of the Secretary
of the Interior.
(iii) Section 402.05 of title 50, Code of
Federal Regulations (as in effect on the date
of enactment of this Act).
(iv) Section 800.12 of title 36, Code of
Federal Regulations (as in effect on the date
of enactment of this Act).
(B) Utilization of existing streamlined authorities
in fireshed management areas.--
(i) In general.--Fireshed management
projects carried out under this section shall
be considered authorized projects under the
following categorical exclusions:
(I) Section 603(a) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591b(a)).
(II) Section 605(a) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591d(a)).
(III) Section 606(b) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591e(b)).
(IV) Section 40806(b) of the
Infrastructure Investment and Jobs Act
(16 U.S.C. 6592b(b)).
(V) Section 4(c)(4) of the Lake
Tahoe Restoration Act (Public Law 106-
506; 114 Stat. 2353).
(VI) Subject to subsection (d) of
section 40807 of the Infrastructure
Investment and Jobs Act (16 U.S.C.
6592c) in the same manner as authorized
emergency actions (as defined in
subsection (a) of such section) are
subject to such subsection.
(ii) Use of expedited authorities.--In
carrying out a fireshed management project, the
Secretary shall apply a categorical exclusion
under clause (i)--
(I) in a manner consistent with the
statute establishing such categorical
exclusion; and
(II) in any area--
(aa) designated as suitable
for timber production within
the applicable forest plan; or
(bb) where timber harvest
activities are not prohibited.
(iii) Fiscal responsibility act
requirements.--In carrying out this section,
the Secretary concerned shall ensure compliance
with the amendments made to the National
Environmental Policy Act (42 U.S.C. 4321 et
seq.) by the Fiscal Responsibility Act of 2023
(Public Law 118-5).
(iv) Use of other authorities.--To the
maximum extent practicable, the Secretary
concerned shall use the authorities provided
under this section in combination with other
authorities to carry out fireshed management
projects, including--
(I) good neighbor agreements
entered into under section 8206 of the
Agricultural Act of 2014 (16 U.S.C.
2113a) (as amended by this Act);
(II) stewardship contracting
projects entered into under section 604
of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c) (as amended
by this Act);
(III) self-determination contracts
and self-governance compact agreements
entered into under the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.); and
(IV) agreements entered into under
the Tribal Forest Protection Act of
2004 (25 U.S.C. 3115a et seq.).
(b) Expansion.--
(1) HFRA amendments.--The Healthy Forests Restoration Act
of 2003 is amended--
(A) in section 603(c)(1) (16 U.S.C. 6591b(c)(1)),
by striking ``3000 acres'' and inserting ``10,000
acres'';
(B) in section 605(c)(1) (16 U.S.C. 6591d(c)(1)),
by striking ``3000 acres'' and inserting ``10,000
acres''; and
(C) in section 606(g) (16 U.S.C. 6591e(g)), by
striking ``4,500 acres'' and inserting ``10,000
acres''.
(2) Infrastructure investment and jobs act amendment.--
Section 40806(d)(1) of the Infrastructure Investment and Jobs
Act (16 U.S.C. 6592b(d)(1)), by striking ``3,000 acres'' and
inserting ``10,000 acres''.
(3) Lake tahoe restoration act amendments.--Section
4(c)(4)(C) of the Lake Tahoe Restoration Act (Public Law 106-
506; 114 Stat. 2353) is amended--
(A) by striking ``Lake Tahoe Basin Management
Unit''; and
(B) by inserting ``applicable to the area'' before
the period at the end.
SEC. 107. SUNSET.
The authority under this subtitle shall terminate on the date that
is 7 years after the date of enactment of this Act.
Subtitle B--Expanding Collaborative Tools to Reduce Wildfire Risk and
Improve Forest Health
SEC. 111. MODIFICATION OF THE TREATMENT OF CERTAIN REVENUE AND PAYMENTS
UNDER GOOD NEIGHBOR AGREEMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)(6), by striking ``or Indian tribe'';
and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) in paragraph (2)(C)--
(i) by striking clause (i) and inserting
the following:
``(i) In general.--Funds received from the
sale of timber or forest product 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 the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out subclause (I), to
carry out authorized restoration
services under other good neighbor
agreements and for the administration
of a good neighbor authority program by
a Governor, Indian tribe, or county.'';
and
(ii) in clause (ii), by striking ``2024''
and inserting ``2029'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(b) Conforming Amendments.--Section 8206(a) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(B), by inserting ``, Indian tribe,''
after ``Governor''; and
(2) in paragraph (5), by inserting ``, Indian tribe,''
after ``Governor''.
(c) Effective Date.--The amendments made by this section apply to
any project initiated pursuant to a good neighbor agreement (as defined
in section 8206(a) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)))--
(1) before the date of enactment of this Act, if the
project was initiated after the date of enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334; 132
Stat. 4490); or
(2) on or after the date of enactment of this Act.
SEC. 112. FIXING STEWARDSHIP END RESULT CONTRACTING.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) in subsection (b), by inserting ``, including retaining
and expanding existing forest products infrastructure'' before
the period at the end;
(2) in subsection (d)(3)(B), by striking ``10 years'' and
inserting ``20 years''; and
(3) in subsection (h), by adding at the end the following:
``(4) Special rule for long-term stewardship contracts.--
``(A) In general.--A long-term agreement or
contract entered into with an entity under subsection
(b) by the Chief or the Director shall provide that in
the case of the cancellation or termination by the
Chief or the Director of such long-term agreement or
contract, the Chief or the Director, as applicable,
shall provide 10 percent of the agreement or contract
amount to such entity as cancellation or termination
costs.
``(B) Definition of long-term agreement or
contract.--In this paragraph, the term `long-term
agreement or contract' means an agreement or contract
under subsection (b)--
``(i) with a term of more than 5 years; and
``(ii) entered into on or after the date of
the enactment of this paragraph.''.
SEC. 113. INTRA-AGENCY STRIKE TEAMS.
(a) Establishment.--The Secretary concerned shall establish intra-
agency strike teams to assist the Secretary concerned with--
(1) any reviews, including analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
consultations under the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.), and consultations under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), with
the intent to accelerate and streamline interagency
consultation processes;
(2) the implementation of any necessary site preparation
work in advance of or as part of a fireshed management project;
(3) the implementation of fireshed management projects
under such section; and
(4) any combination of purposes under paragraphs (1)
through (3).
(b) Members.--The Secretary concerned may appoint not more than 10
individuals to serve on an intra-agency strike team comprised of--
(1) employees of the Department under the jurisdiction of
the Secretary concerned;
(2) employees of a different Federal agency, with the
consent of that agency's Secretary;
(3) private contractors from any nonprofit organization,
State government, Indian Tribe, local government, quasi-
governmental agency, academic institution, or private
organization; and
(4) volunteers from any nonprofit organization, State
government, Indian Tribe, local government, quasi-governmental
agency, academic institution, or private organization.
(c) Sunset.--The authority provided under this section shall
terminate on the date that is 7 years after the date of enactment of
this Act.
SEC. 114. LOCALLY-LED RESTORATION.
(a) Threshold Adjustment.--Section 14(d) of the National Forest
Management Act of 1976 (16 U.S.C. 472a(d)) is amended by--
(1) striking ``$10,000'' and inserting ``$55,000''; and
(2) by adding at the end the following: ``Beginning on
January 1, 2025, and annually thereafter, the amount in the
first sentence of this subsection shall be adjusted by the
Secretary for changes in the Consumer Price Index of All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.''.
(b) Fireshed Management Projects.--Beginning on the date that is 30
days after the date of enactment of this Act, the Secretary shall
solicit bids under section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a(d)) for fireshed management projects under section
106.
SEC. 115. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP PROGRAM.
Section 40808 of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592d) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to recover from wildfires; or
``(E) to enhance soil, water, and related natural
resources.'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by inserting ``and post-
wildfire impacts'' after ``wildfire risk''; and
(B) in subparagraph (F), by inserting ``, as
identified in the corresponding State forest action
plan or similar priority plan (such as a State wildlife
or water plan)'' before the semicolon;
(3) in subsection (g)(2), by inserting ``and at least once
every 2 fiscal years thereafter'' after ``and 2023''; and
(4) in subsection (h)(1), by striking ``and 2023'' and
inserting ``through 2028''.
SEC. 116. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
Section 4003 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (D), by striking ``species;''
and inserting ``species or pathogens;'';
(B) in subparagraph (G), by striking ``and'' at the
end;
(C) in subparagraph (H), by adding ``and'' after
the semicolon at the end; and
(D) by adding at the end the following:
``(I) address standardized monitoring questions and
indicators;'';
(2) in subsection (c)(3)(A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end;
and
(C) by adding at the end the following:
``(iii) include a plan to provide support
to collaborative processes established pursuant
to subsection (b)(2);'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) proposals that seek to use innovative
implementation mechanisms, including good neighbor
agreements entered into under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
``(H) proposals that seek to reduce the risk of
uncharacteristic wildfire or increase ecological
restoration activities--
``(i) within areas across land ownerships,
including State, Tribal, and private land; and
``(ii) within the wildland-urban interface
(as defined in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6511)); and
``(I) proposals that seek to enhance watershed
health and drinking water sources.''; and
(B) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) 4 proposals in any 1 region of the National
Forest System to be funded during any fiscal year;
and'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B); and
(4) in subsection (f)(6), by striking ``2019 through 2023''
and inserting ``2023 through 2029''.
Subtitle C--Litigation Reform
SEC. 121. COMMONSENSE LITIGATION REFORM.
(a) In General.--A court shall not enjoin a covered agency action
if the court determines that the plaintiff is unable to demonstrate
that the claim of the plaintiff is likely to succeed on the merits.
(b) Balancing Short-and Long-term Effects of Covered Agency Action
in Considering Injunctive Relief.--As part of its weighing the equities
while considering any request for an injunction that applies to a
covered agency action, the court reviewing such action shall balance
the impact to the ecosystem likely affected by such action of--
(1) the short- and long-term effects of undertaking such
action; against
(2) the short- and long-term effects of not undertaking
such action.
(c) Limitations on Judicial Review.--
(1) In general.--Notwithstanding any other provision of law
(except this section), in the case of a claim arising under
Federal law seeking judicial review of a covered agency
action--
(A) a court shall not hold unlawful, set aside, or
otherwise limit, delay, stay, vacate, or enjoin such
agency action unless the court determines that--
(i) such action poses or will pose a risk
of a proximate and substantial environmental
harm; and
(ii) there is no other equitable remedy
available as a matter of law; and
(B) if a court determines that subparagraph (A)
does not apply to the covered agency action the only
remedy the court may order with regard to such agency
action is to remand the matter to the agency with
instructions to, during the 180-day period beginning on
the date of the order, take such additional actions as
may be necessary to redress any legal wrong suffered
by, or adverse effect on, the plaintiff, except such
additional actions may not include the preparation of a
new agency document unless the court finds the agency
was required and failed to prepare such agency
document.
(2) Effect of remand.--In the case of a covered agency
action to which paragraph (1)(B) applies, the agency may--
(A) continue to carry out such agency action to the
extent the action does not impact the additional
actions required pursuant to such paragraph; and
(B) if the agency action relates to an agency
document, use any format to correct such document
(including a supplemental environmental document,
memorandum, or errata sheet).
(d) Limitations on Claims.--Notwithstanding any other provision of
law (except this section), a claim arising under Federal law seeking
judicial review of a covered agency action shall be barred unless--
(1) with respect to an agency document or the application
of a categorical exclusion noticed in the Federal Register,
such claim is filed not later than 120 days after the date of
publication of a notice in the Federal Register of agency
intent to carry out the fireshed management project relating to
such agency document or application, unless a shorter period is
specified in such Federal law;
(2) in the case of an agency document or the application of
a categorical exclusion not described in paragraph (1), such
claim is filed not later than 120 days after the date that is
the earlier of--
(A) the date on which such agency document or
application is published; and
(B) the date on which such agency document or
application is noticed; and
(3) in the case of a covered agency action for which there
was a public comment period, such claim--
(A) is filed by a party that--
(i) participated in the administrative
proceedings regarding the fireshed management
project relating to such action; and
(ii) submitted a comment during such public
comment period and such comment was
sufficiently detailed to put the applicable
agency on notice of the issue upon which the
party seeks judicial review; and
(B) is related to such comment.
(e) Definitions.--ln this section:
(1) Agency document.--The term ``agency document'' means,
with respect to a fireshed management project, a record of
decision, environmental document, or programmatic environmental
document.
(2) Covered agency action.--The term ``covered agency
action'' means--
(A) the establishment of a fireshed management
project by an agency;
(B) the application of a categorical exclusion to a
fireshed management project;
(C) the preparation of any agency document for a
fireshed management project; or
(D) any other agency action as part of a fireshed
management project.
(3) NEPA terms.--The terms ``categorical exclusion'',
``environmental document'', and ``programmatic environmental
document'' have the meanings given such terms, respectively, in
section 111 of the National Environmental Policy Act of 1969
(42 U.S.C. 4336e).
SEC. 122. CONSULTATION ON FOREST PLANS.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land
management plan approved, amended, or revised under this
section when--
``(A) a new species is listed or critical habitat
is designated under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land
management plan that may affect a species listed or
critical habitat designated under that Act in a manner
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the following:
``(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation), on a land use plan approved, amended, or
revised under this section when--
``(1) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
``(2) new information reveals effects of the land use plan
that may affect a species listed or critical habitat designated
under that Act in a manner or to an extent not previously
considered.''.
TITLE II--PROTECTING COMMUNITIES IN THE WILDLAND-URBAN INTERFACE
SEC. 201. COMMUNITY WILDFIRE RISK REDUCTION PROGRAM.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretaries shall jointly establish an
interagency program to be known as the ``Community Wildfire Risk
Reduction Program'' that shall consist of at least one representative
from each of the following:
(1) The Office of Wildland Fire of the Department of the
Interior.
(2) The National Park Service.
(3) The Bureau of Land Management.
(4) The United States Fish and Wildlife Service.
(5) The Bureau of Indian Affairs.
(6) The Forest Service.
(7) The Federal Emergency Management Agency.
(8) The United States Fire Administration.
(9) The National Institute of Standards and Technology.
(b) Purpose.--The purpose of the program established under
subsection (a) is to support interagency coordination in reducing the
risk of, and the damages resulting from, wildfires in communities
(including tribal communities) in the wildland-urban interface
through--
(1) advancing research and science in wildfire resilience
and land management, including support for non-Federal research
partnerships;
(2) supporting adoption by Indian Tribes and local
governmental entities of fire-resistant building methods,
codes, and standards;
(3) supporting efforts by Indian Tribes or local
governmental entities to address the effects of wildland fire
on such communities, including property damages, air quality,
and water quality;
(4) encouraging public-private partnerships to conduct
hazardous fuels management activities in the wildland-urban
interface;
(5) providing technical and financial assistance targeted
towards communities, including tribal communities, through
streamlined and unified technical assistance and grant
management mechanisms, including the portal and grant
application established under subsection (c), to--
(A) encourage critical risk reduction measures on
private property with high wildfire risk exposure in
such communities; and
(B) mitigate costs for and improve capacity among
such communities.
(c) Portal and Uniform Grant Application.--
(1) In general.--As part of the program established under
subsection (a), the Secretaries and the Administrator of the
Federal Emergency Management Agency shall establish a portal
through which a person may submit a single, uniform application
for any of the following:
(A) A community wildfire defense grant under
section 40803(f) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592(f)).
(B) An emergency management performance grant under
section 662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 761).
(C) A grant under section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229).
(D) A grant under section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
(E) Financial or technical assistance or a grant
under sections 203, 205, 404, 406, or 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5135, 5170c, 5172, 5187).
(2) Simplification of application.--In establishing the
portal and application under paragraph (1), the Secretaries and
the Administrator shall seek to reduce the complexity and
length of the application process for the grants described in
paragraph (1).
(3) Technical assistance.--The Secretaries shall provide
technical assistance to communities or persons seeking to apply
for financial assistance through the portal using the
application established under paragraph (1).
(d) Sunset.--The program established under this section shall
terminate on the date that is 7 years after the date of enactment of
this Act.
SEC. 202. COMMUNITY WILDFIRE DEFENSE RESEARCH PROGRAM.
(a) In General.--The Secretaries shall, acting jointly, expand the
Joint Fire Science Program to include a performance-driven research and
development program known as the ``Community Wildfire Defense Research
Program'' for the purpose of testing and advancing innovative designs
to create or improve the wildfire-resistance of structures and
communities.
(b) Program Priorities.--In carrying out the program established
under subsection (a), the Secretaries shall evaluate opportunities to
create wildfire-resistant structures and communities through--
(1) different affordable building materials, including mass
timber;
(2) home hardening, including policies to incentivize and
incorporate defensible space;
(3) subdivision design and other land use planning and
design;
(4) landscape architecture; and
(5) other wildfire-resistant designs, as determined by the
Secretary.
(c) Community Wildfire Defense Innovation Prize.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretaries shall carry out a
competition through which a person may submit to the
Secretaries innovative designs for the creation or improvement
of an ignition-resistant structure or fire-adapted communities.
(2) Prize.--Subject to the availability of appropriations
made in advance for such purpose, the Secretaries may award a
prize under the competition described in paragraph (1), based
on criteria established by the Secretaries and in accordance
with paragraph (3).
(3) Scale.--In awarding a prize under paragraph (2), the
Secretaries shall prioritize for an award designs with the most
potential to scale to existing infrastructure.
(d) Sunset.--The program established under subsection (a) shall
terminate on the date that is 7 years after the date of enactment of
this Act.
SEC. 203. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
(a) Hazard Trees Within 150 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``150''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
such Act (43 U.S.C. 1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with a private landowner
with respect to any hazard trees identified for
removal from land owned by the private
landowner.''.
(c) Review and Approval Process.--Section 512(c)(4)(A)(iv) of such
Act (43 U.S.C. 1772(c)(4)(A)(iv)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 120 days
after being submitted; and
``(II) with respect to a plan
submitted with a modification under
clause (iii), if not approved within
120 days after being submitted, the
Secretary concerned shall develop and
submit a letter to the owner and
operator describing--
``(aa) a detailed timeline
(to conclude within 165 days
after the submission of the
plan) for completing review of
the plan;
``(bb) any identified
deficiencies with the plan and
specific opportunities for the
owner and operator to address
such deficiencies; and
``(cc) any other relevant
information, as determined by
the Secretary concerned.''.
SEC. 204. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of activities
hereby designated as being categorically excluded from the preparation
of an environmental assessment or an environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under
subsection (a) for a categorical exclusion are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(c) Availability of Categorical Exclusion.--On and after the date
of enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Exclusion of Certain Areas From Categorical Exclusion.--The
categorical exclusion established under subsection (a) shall not apply
to any forest management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which the removal of
vegetation is restricted or prohibited by an Act of Congress.
(e) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (b) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (b).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for carrying out a
forest management activity designated under subsection (b) not
later than the date that is 3 years after the date on which the
forest management activity is completed.
(f) Applicable Laws.--Clauses (iii) and (iv) of section 106(a)(3)
shall apply to forest management activities designated under subsection
(b).
SEC. 205. SEEDS OF SUCCESS.
(a) Strategy Established.--Not later than 2 years after the date of
enactment of this Act, the Secretaries and the Secretary of Defense
shall jointly develop and implement a strategy, to be known as the
``Seeds of Success strategy'', to enhance the domestic supply chain of
seeds.
(b) Elements.--The strategy required under subsection (a) shall
include a plan for each of the following:
(1) Facilitating sustained interagency coordination in, and
a comprehensive approach to, native plant materials development
and restoration.
(2) Promoting the re-seeding of native or fire-resistant
vegetation post-wildfire, particularly in the wildland-urban
interface.
(3) Creating and consolidating information on native or
fire-resistant vegetation and sharing such information with
State governments, Indian Tribes, and local governments.
(4) Building regional programs and partnerships to promote
the development of materials made from plants native to the
United States and restore such plants to their respective,
native habitats within the United States, giving priority to
the building of such programs and partnerships in regions of
the Bureau of Land Management where such partnerships and
programs do not already exist as of the date of enactment of
this Act.
(5) Expanding seed storage and seed-cleaning
infrastructure.
(6) Expanding the Warehouse System of the Bureau of Land
Management, particularly the cold storage capacity of the
Warehouse System.
(7) Shortening the timeline for the approval of permits to
collect seeds on public lands managed by the Bureau of Land
Management.
(c) Report.--The Secretaries and the Secretary of Defense shall
submit to the relevant Congressional Committees the strategy developed
under paragraph (1).
TITLE III--TRANSPARENCY AND TECHNOLOGY
SEC. 301. BIOCHAR INNOVATIONS AND OPPORTUNITIES FOR CONSERVATION,
HEALTH, AND ADVANCEMENTS IN RESEARCH.
(a) Demonstration Projects.--
(1) Establishment.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the covered Secretaries
shall establish a program to enter into partnerships
with eligible entities to carry out demonstration
projects to support the development and
commercialization of biochar in accordance with this
subsection.
(B) Location of demonstration projects.--In
carrying out the program established under subparagraph
(A), the covered Secretaries shall, to the maximum
extent practicable, enter into partnerships with
eligible entities such that not fewer than one
demonstration project is carried out in each region of
the Forest Service and each region of the Bureau of
Land Management.
(2) Proposals.--To be eligible to enter into a partnership
to carry out a biochar demonstration project under paragraph
(1)(A), an eligible entity shall submit to the covered
Secretaries a proposal at such time, in such manner, and
containing such information as the covered Secretaries may
require.
(3) Priority.--In selecting proposals under paragraph (2),
the covered Secretaries shall give priority to entering into
partnerships with eligible entities that submit proposals to
carry out biochar demonstration projects that--
(A) have the most carbon sequestration potential;
(B) have the most potential to create new jobs and
contribute to local economies, particularly in rural
areas;
(C) have the most potential to demonstrate--
(i) new and innovative uses of biochar;
(ii) market viability for cost effective
biochar-based products;
(iii) the ecosystem services created or
supported by the use of biochar;
(iv) the restorative benefits of biochar
with respect to forest heath and resiliency,
including forest soils and watersheds; or
(v) any combination of purposes specified
in clauses (i) through (iv); and
(D) are located in areas that have a high need for
biochar production, as determined by the covered
Secretaries, due to--
(i) nearby lands identified as having high
or very high or extreme risk of wildfire;
(ii) availability of sufficient quantities
of feedstocks;
(iii) a high level of demand for biochar or
other commercial byproducts of biochar; or
(iv) any combination of purposes specified
in subparagraphs (A) through (D).
(4) Use of funds.--In carrying out the program established
under paragraph (1)(A), the covered Secretaries may enter into
partnerships and provide funding to such partnerships to carry
out demonstration projects to--
(A) acquire and test various feedstocks and their
efficacy;
(B) develop and optimize commercially and
technologically viable biochar production units,
including mobile and permanent units;
(C) demonstrate--
(i) the production of biochar from forest
residue; and
(ii) the use of biochar to restore forest
health and resiliency;
(D) build, expand, or establish biochar facilities;
(E) conduct research on new and innovative uses of
biochar;
(F) demonstrate cost-effective market opportunities
for biochar and biochar-based products;
(G) carry out any other activities the covered
Secretaries determine appropriate; or
(H) any combination of the purposes specified in
subparagraphs (A) through (F).
(5) Feedstock requirements.--To the maximum extent
practicable, an eligible entity that carries out a biochar
demonstration project under this subsection shall, with respect
to the feedstock used under such project, derive at least 50
percent of such feedstock from forest thinning and management
activities, including mill residues, conducted on National
Forest System lands or public lands.
(6) Review of biochar demonstration.--
(A) In general.--The covered Secretaries shall
conduct regionally-specific research, including
economic analyses and life-cycle assessments, on any
biochar produced from a demonstration project carried
out under the program established in paragraph (1)(A),
including--
(i) the effects of such biochar on--
(I) forest health and resiliency;
(II) carbon capture and
sequestration, including increasing
soil carbon in the short-term and long-
term;
(III) productivity, reduced input
costs, and water retention in
agricultural practices;
(IV) the health of soil and
grasslands used for grazing activities,
including grazing activities on
National Forest System land and public
land;
(V) environmental remediation
activities, including abandoned mine
land remediation; and
(VI) other ecosystem services
created or supported by the use of
biochar;
(ii) the effectiveness of biochar as a co-
product of biofuels or in biochemicals; and
(iii) the effectiveness of other potential
uses of biochar to determine if any such use is
technologically and commercially viable.
(B) Coordination.--The covered Secretaries shall,
to the maximum extent practicable, provide data,
analyses, and other relevant information collected
under subparagraph (A) with recipients of a grant under
subsection (b).
(7) Limitation on funding for establishing biochar
facilities.--If the covered Secretaries provide to an eligible
entity that enters into a partnership with the covered
Secretaries under paragraph (1)(A) funding for establishing a
biochar facility, such funding may not exceed 35 percent of the
total capital cost of establishing such biochar facility.
(b) Biochar Research and Development Grant Program.--
(1) Establishment.--The Secretary of the Interior shall
establish or expand an existing applied biochar research and
development grant program to make competitive grants to
eligible institutions to carry out the activities described in
paragraph (3).
(2) Applications.--To be eligible to receive a grant under
this subsection, an eligible institution shall submit to the
Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
(3) Use of funds.--An eligible institution that receives a
grant under this subsection shall use the grant funds to
conduct applied research on--
(A) the effect of biochar on forest health and
resiliency, accounting for variations in biochar, soil,
climate, and other factors;
(B) the effect of biochar on soil health and water
retention, accounting for variations in biochar, soil,
climate, and other factors;
(C) the long-term carbon sequestration potential of
biochar;
(D) the best management practices with respect to
biochar and biochar-based products that maximize--
(i) carbon sequestration benefits; and
(ii) the commercial viability and
application of such products in forestry,
agriculture, environmental remediation, water
quality improvement, and any other similar
uses, as determined by the Secretary;
(E) the regional uses of biochar to increase
productivity and profitability, including--
(i) uses in agriculture and environmental
remediation; and
(ii) use as a co-product in fuel
production;
(F) new and innovative uses for biochar byproducts;
and
(G) opportunities to expand markets for biochar and
create related jobs, particularly in rural areas.
(c) Reports.--
(1) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the covered Secretaries shall
submit to Congress a report that--
(A) includes policy and program recommendations to
improve the widespread use of biochar;
(B) identifies any area of research needed to
advance biochar commercialization; and
(C) identifies barriers to further biochar
commercialization, including permitting and siting
considerations.
(2) Materials submitted in support of the president's
budget.--Beginning with the second fiscal year that begins
after the date of enactment of this Act and annually thereafter
until the date described in subsection (d), the covered
Secretaries shall include in the materials submitted to
Congress in support of the President's budget pursuant to
section 1105 of title 31, United States Code, a report
describing, for the fiscal year covered by the report, the
status of each demonstration project carried out under
subsection (a) and each research and development grant carried
out under subsection (b).
(d) Sunset.--The authority to carry out this section shall
terminate on the date that is 7 years after the date of enactment of
this Act.
(e) Definitions.--In this section:
(1) Biochar.--The term ``biochar'' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government;
(B) an eligible institution; or
(C) a private, non-private, or cooperative entity.
(3) Eligible institution.--The term ``eligible
institution'' means land-grant colleges and universities,
including institutions eligible for funding under the--
(A) Act of July 2, 1862 (12 Stat. 503, chapter 130;
7 U.S.C. 301 et seq.);
(B) Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 321 et seq.), including Tuskegee
University;
(C) Public Law 87-788 (commonly known as the
``McIntire-Stennis Act of 1962''); or
(D) Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382).
(4) Feedstock.--The term ``feedstock'' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar.
(5) Covered secretaries.--The term ``covered Secretaries''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service;
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management; and
(C) the Secretary of Energy, acting through the
Director of the Office of Science.
SEC. 302. ACCURATE HAZARDOUS FUELS REDUCTION REPORTS.
(a) Inclusion of Hazardous Fuels Reduction Report in Materials
Submitted in Support of the President's Budget.--
(1) In general.--Beginning with the first fiscal year that
begins after the date of enactment of this Act, and each fiscal
year thereafter, the Secretary concerned shall include in the
materials submitted to Congress in support of the President's
budget pursuant to section 1105 of title 31, United States
Code, a report on the number of acres of Federal land on which
the Secretary concerned carried out hazardous fuels reduction
activities during the preceding fiscal year.
(2) Requirements.--For purposes of the report required
under paragraph (1), the Secretary concerned shall--
(A) in determining the number of acres of Federal
land on which the Secretary concerned carried out
hazardous fuels reduction activities during the period
covered by the report--
(i) record acres of Federal land on which
hazardous fuels reduction activities were
completed during such period; and
(ii) record each acre described in clause
(i) once in the report, regardless of whether
multiple hazardous fuels reduction activities
were carried out on such acre during such
period; and
(B) with respect to the acres of Federal land
recorded in the report, include information on--
(i) which such acres are located in the
wildland-urban interface;
(ii) the level of wildfire risk (high,
moderate, or low) on the first and last day of
the period covered by the report;
(iii) the types of hazardous fuels
activities completed for such acres,
delineating between whether such activities
were conducted--
(I) in a wildfire managed for
resource benefits; or
(II) through a planned project;
(iv) the cost per acre of hazardous fuels
activities carried out during the period
covered by the report;
(v) the region or system unit in which the
acres are located; and
(vi) the effectiveness of the hazardous
fuels reduction activities on reducing the risk
of wildfire.
(3) Transparency.--The Secretary concerned shall make each
report submitted under paragraph (1) publicly available on the
websites of the Department of Agriculture and the Department of
the Interior, as applicable.
(b) Accurate Data Collection.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary concerned shall implement
standardized procedures for tracking data related to hazardous
fuels reduction activities carried out by the Secretary
concerned.
(2) Elements.--The standardized procedures required under
paragraph (1) shall include--
(A) regular, standardized data reviews of the
accuracy and timely input of data used to track
hazardous fuels reduction activities;
(B) verification methods that validate whether such
data accurately correlates to the hazardous fuels
reduction activities carried out by the Secretary
concerned;
(C) an analysis of the short- and long-term
effectiveness of the hazardous fuels reduction
activities on reducing the risk of wildfire; and
(D) for hazardous fuels reduction activities that
occur partially within the wildland-urban interface,
methods to distinguish which acres are located within
the wildland-urban interface and which acres are
located outside the wildland-urban interface.
(3) Report.--Not later than 2 weeks after implementing the
standardized procedures required under paragraph (1), the
Secretary concerned shall submit to Congress a report that
describes--
(A) such standardized procedures; and
(B) program and policy recommendations to Congress
to address any limitations in tracking data related to
hazardous fuels reduction activities under this
subsection.
(c) GAO Study.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study on the implementation of this section,
including any limitations with respect to--
(A) reporting hazardous fuels reduction activities
under subsection (a); or
(B) tracking data related to hazardous fuels
reduction activities under subsection (b); and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
(d) Definitions.--In this section:
(1) Hazardous fuels reduction activity.--The term
``hazardous fuels reduction activity''--
(A) means any vegetation management activity to
reduce the risk of wildfire, including mechanical
treatments and prescribed burning; and
(B) does not include the awarding of contracts to
conduct hazardous fuels reduction activities.
(2) Federal lands.--The term ``Federal lands'' means lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture.
(e) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this section, and the
activities authorized by this section are subject to the availability
of appropriations made in advance for such purposes.
SEC. 303. PUBLIC-PRIVATE WILDFIRE TECHNOLOGY DEPLOYMENT AND TESTBED
PARTNERSHIP.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means--
(A) each Federal land management agency (as such
term is defined in the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801));
(B) the National Oceanic and Atmospheric
Administration;
(C) the United States Fire Administration;
(D) the Federal Emergency Management Agency;
(E) the National Aeronautics and Space
Administration;
(F) the Bureau of Indian Affairs;
(G) the Department of Defense; and
(H) any other Federal agency involved in wildfire
response.
(2) Covered entity.--The term ``covered entity'' means--
(A) a private entity;
(B) a nonprofit organization; or
(C) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(b) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretaries, in coordination with the heads of the
covered agencies, shall establish a deployment and testbed pilot
program (in this section referred to as ``Pilot Program'') for new and
innovative wildfire prevention, detection, communication, and
mitigation technologies.
(c) Functions.--In carrying out the Pilot Program, the Secretaries
shall--
(1) incorporate the Pilot Program into existing interagency
coordinating groups on wildfires;
(2) in consultation with the heads of covered agencies,
identify and advance key technology priority areas with respect
to wildfire prevention, detection, communication, and
mitigation technologies, including--
(A) hazardous fuels reduction treatments or
activities;
(B) dispatch communications;
(C) remote sensing, detection, and tracking;
(D) safety equipment; and
(E) common operating pictures or operational
dashboards; and
(3) connect each covered entity selected to participate in
the Pilot Program with the appropriate covered agency to
coordinate real-time and on-the-ground testing of technology
during wildland fire mitigation activities and training.
(d) Applications.--To be eligible to be selected to participate in
the Pilot Program, a covered entity shall submit to the Secretaries an
application at such time, in such manner, and containing such
information as the Secretaries may require, including a proposal to
test technologies specific to the key technology priority areas
identified pursuant to subsection (c)(2).
(e) Prioritization of Emerging Technologies.--In selecting covered
entities to participate in the Pilot Program, the Secretaries shall
give priority to covered entities developing and applying emerging
technologies, including artificial intelligence, quantum sensing,
computing and quantum-hybrid applications, augmented reality, and 5G
private networks and device-to-device communications supporting nomadic
mesh networks, for wildfire mitigation.
(f) Outreach.--The Secretaries, in coordination with the heads of
covered agencies, shall make public the key technology priority areas
identified pursuant to subsection (c)(2) and invite covered entities to
apply under subsection (d) to test and demonstrate their technologies
to address such priority areas.
(g) Reports and Recommendations.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter for the duration
of the Pilot Program, the Secretaries shall submit to the relevant
Congressional Committees, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes, with respect to the Pilot Program, the following:
(1) A list of participating covered entities.
(2) A brief description of the technologies tested by each
such covered entity.
(3) An estimate of the cost of acquiring each such
technology and applying the technology at scale.
(4) Outreach efforts by Federal agencies to covered
entities developing wildfire technologies.
(5) Assessments of, and recommendations relating to, new
technologies with potential adoption and application at-scale
in Federal land management agencies' wildfire prevention,
detection, communication, and mitigation efforts.
(h) Sunset.--The authority to carry out this section shall
terminate on the date that is 7 years after the date of enactment of
this Act.
SEC. 304. GAO STUDY ON FOREST SERVICE POLICIES.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a study evaluating--
(A) the effectiveness of Forest Service wildland
firefighting operations;
(B) transparency and accountability measures in the
Forest Service's budget and accounting process; and
(C) the suitability and feasibility of establishing
a new Federal agency with the responsibility of
responding and suppressing wildland fires on Federal
lands; and
(2) submit to Congress a report that describes the results
of the study required under paragraph (1).
SEC. 305. FOREST SERVICE WESTERN HEADQUARTERS STUDY.
Not later than 5 years after the date of enactment of this Act, the
Chief of the Forest Service shall--
(1) conduct a study evaluating--
(A) potential locations for a Western headquarters
for the Forest Service, including potential locations
in at least 3 different States located west of the
Mississippi river; and
(B) the potential benefits of creating a Western
headquarters for the Forest Service, including
expected--
(i) improvements to customer service;
(ii) improvements to employee recruitment
and retention; and
(iii) operational efficiencies and cost
savings; and
(2) submit to Congress a report that describes the results
of the study required under paragraph (1).
SEC. 306. KEEPING FOREST PLANS CURRENT AND MONITORED.
(a) In General.--The Secretary--
(1) to the greatest extent practicable and subject to the
availability of appropriations made in advance for such
purpose--
(A) ensure forest plans comply with the
requirements of section 6(f)(5)(A) of the Forest and
Rangeland Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)); and
(B) prioritize revising any forest plan not in
compliance with such section 6(f)(5)(A);
(2) not be considered to be in violation of section
6(f)(5)(A) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because
more than 15 years have passed without revision of the plan for
a unit of the National Forest System;
(3) not later than 120 days after the date of the enactment
of this Act, submit to the relevant Congressional Committees
the date on which each forest plan required by such section 6
was most recently revised, amended, or modified;
(4) seek to publish a new, complete version of a forest
plan that the Secretary has been directed to amend, revise, or
modify by a court order within 60 days of such amendment,
revision, or modification, subject to the availability of
appropriations made in advance for such purpose; and
(5) maintain a central, publicly accessible website with
links to--
(A) the most recently available forest plan
adopted, amended, or modified by a court order as a
single document; and
(B) the most recently published forest plan
monitoring report for each unit of the National Forest
System.
(b) Good Faith Updates.--If the Secretary is not acting
expeditiously and in good faith, within the funding available to
revise, amend, or modify a plan for a unit of the National Forest
System as required by law or a court order, subsection (a) shall be
void with respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the relevant
Congressional Committees summarizing the implementation of this
section.
Union Calendar No. 570
118th CONGRESS
2d Session
H. R. 8790
[Report No. 118-674, Part I]
_______________________________________________________________________
A BILL
To expedite under the National Environmental Policy Act of 1969 and
improve forest management activities on National Forest System lands,
on public lands under the jurisdiction of the Bureau of Land
Management, and on Tribal lands to return resilience to overgrown,
fire-prone forested lands, and for other purposes.
_______________________________________________________________________
September 12, 2024
Reported from the Committee on Natural Resources with an amendment
September 12, 2024
Committees on Agriculture and Science, Space, and Technology
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed