[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2867 Reported in Senate (RS)]
<DOC>
Calendar No. 592
118th CONGRESS
2d Session
S. 2867
To address the forest health crisis on the National Forest System and
public lands, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2023
Mr. Barrasso (for himself and Mr. Manchin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To address the forest health crisis on the National Forest System and
public lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Promoting
Effective Forest Management Act of 2023''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--ACCOMPLISHMENTS OVER RHETORIC
<DELETED>Sec. 101. Thinning targets.
<DELETED>Sec. 102. Annual reports.
<DELETED>Sec. 103. Transparency in fire mitigation reporting.
<DELETED>Sec. 104. Regional forest carbon accounting.
<DELETED>Sec. 105. Targets for wildlife habitat improvement.
<DELETED>TITLE II--FOREST MANAGEMENT
<DELETED>Sec. 201. Land and resource management plans.
<DELETED>Sec. 202. Management of old growth and mature forests.
<DELETED>Sec. 203. Assessment of processed-based restoration
techniques.
<DELETED>Sec. 204. Intervenor status.
<DELETED>Sec. 205. Utilizing grazing for wildfire prevention.
<DELETED>TITLE III--WORKFORCE
<DELETED>Sec. 301. Logging workforce.
<DELETED>Sec. 302. Break-in-service consideration for firefighter
retirements.
<DELETED>Sec. 303. Firefighter rental housing.
<DELETED>TITLE IV--CULTURAL CHANGE IN AGENCIES
<DELETED>Sec. 401. Mandatory use of existing authorities.
<DELETED>Sec. 402. Curtailing employee relocations.
<DELETED>Sec. 403. Repeal of FLAME reports.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) National forest system.--</DELETED>
<DELETED> (A) In general.--The term ``National
Forest System'' has the meaning given the term in
section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1609(a)).</DELETED>
<DELETED> (B) Exclusions.--The term ``National
Forest System'' does not include--</DELETED>
<DELETED> (i) any forest reserve not created
from the public domain; or</DELETED>
<DELETED> (ii) any national grassland or
land utilization project administered under
title III of the Bankhead-Jones Farm Tenant Act
(7 U.S.C. 1010 et seq.).</DELETED>
<DELETED> (2) Public lands.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), the term ``public lands'' has the
meaning given the term in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1702).</DELETED>
<DELETED> (B) Exclusion.--The term ``public lands''
does not include land governed by the Act of August 28,
1937 (50 Stat. 874, chapter 876; 43 U.S.C. 2601 et
seq.).</DELETED>
<DELETED> (3) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of Agriculture, acting
through the Chief of the Forest Service, with respect
to National Forest System land; and</DELETED>
<DELETED> (B) the Secretary of the Interior, acting
through the Director of the Bureau of Land Management,
with respect to public lands.</DELETED>
<DELETED>TITLE I--ACCOMPLISHMENTS OVER RHETORIC</DELETED>
<DELETED>SEC. 101. THINNING TARGETS.</DELETED>
<DELETED> (a) Baseline.--For the National Forest System and for
public lands, the Secretary concerned shall determine--</DELETED>
<DELETED> (1) for each of fiscal years 2017 through 2021,
the number of acres mechanically thinned, for acres
commercially thinned and for acres pre-commercially thinned;
and</DELETED>
<DELETED> (2) the average of the numbers described in
paragraph (1) over the period of fiscal years 2017 through
2021.</DELETED>
<DELETED> (b) Annual Targets.--</DELETED>
<DELETED> (1) In general.--The Secretary concerned shall
establish annual mechanical thinning targets for acres
commercially thinned and for acres pre-commercially thinned for
fiscal year 2024, and annually thereafter, for the National
Forest System and for public lands.</DELETED>
<DELETED> (2) Requirements.--</DELETED>
<DELETED> (A) Fiscal years 2024 and 2025.--For each
of fiscal years 2024 and 2025, the annual mechanical
thinning targets established under paragraph (1) shall
be not less than the number of acres described in
subsection (a)(2).</DELETED>
<DELETED> (B) Fiscal years 2026 and 2027.--For each
of fiscal years 2026 and 2027, the annual mechanical
thinning targets established under paragraph (1) shall
be not less than twice the number of acres described in
subsection (a)(2).</DELETED>
<DELETED> (C) Fiscal year 2028.--For fiscal year
2028 and each fiscal year thereafter, the annual
mechanical thinning targets established under paragraph
(1) shall be not less than 4 times the number of acres
described in subsection (a)(2).</DELETED>
<DELETED> (c) Regional Assignments.--Not later than 90 days after
the date of enactment of this Act, and annually thereafter, the
Secretary concerned shall assign annual acreage targets for mechanical
thinning on National Forest System land and public lands, categorized
by National Forest System region or by State, as appropriate.</DELETED>
<DELETED> (d) Publication.--The Secretary concerned shall make
publicly available the data described in subsections (a), (b), and (c),
including by publishing that data on the website of the Forest Service
and the website of the Bureau of Land Management.</DELETED>
<DELETED>SEC. 102. ANNUAL REPORTS.</DELETED>
<DELETED> Not later than January 1, 2024, and annually thereafter,
the Secretary concerned shall publish on the website of the Forest
Service and the website of the Bureau of Land Management the following
information with respect to the National Forest System or public lands
during the preceding fiscal year:</DELETED>
<DELETED> (1) The number of acres treated to meet the
requirement described in section 40803(b) of the Infrastructure
Investment and Jobs Act (16 U.S.C. 6592(b)).</DELETED>
<DELETED> (2)(A) The number of acres mechanically thinned;
and</DELETED>
<DELETED> (B) whether the number of acres described in
subparagraph (A) met or exceeded the requirements described in
section 101(b)(2).</DELETED>
<DELETED> (3) Any limitations or challenges, including
litigation or permitting delays, that hindered the Secretary
concerned from meeting or exceeding the annual target
established under section 101(b)(1), if applicable.</DELETED>
<DELETED> (4) The number of acres that have undergone a
regeneration harvest.</DELETED>
<DELETED> (5) The number of acres described in paragraphs
(2)(A) and (4) that are in an area identified as having--
</DELETED>
<DELETED> (A) the expectation that, without
remediation, at least 25 percent of standing live basal
area greater than 1 inch in diameter may die over a 15-
year time frame due to insects and diseases, as
depicted on the National Insect and Disease Composite
Risk Map; or</DELETED>
<DELETED> (B) a very high or high wildfire hazard
potential.</DELETED>
<DELETED> (6) The number of acres described in paragraphs
(2)(A) and (4) that use either of the following streamlined
authorities for environmental review:</DELETED>
<DELETED> (A) A categorical exclusion.</DELETED>
<DELETED> (B) An emergency determination of the
Secretary concerned.</DELETED>
<DELETED> (7) The number of acres described in paragraphs
(2)(A) and (4) that use partners to carry out the work
through--</DELETED>
<DELETED> (A) a good neighbor agreement;</DELETED>
<DELETED> (B) a master stewardship
agreement;</DELETED>
<DELETED> (C) a contract or agreement entered into
under the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a); or</DELETED>
<DELETED> (D) a stewardship end-result
contract.</DELETED>
<DELETED>SEC. 103. TRANSPARENCY IN FIRE MITIGATION REPORTING.</DELETED>
<DELETED> (a) Exclusion From Annual Budget and Performance
Reports.--</DELETED>
<DELETED> (1) In general.--The Secretary concerned shall not
include in any appropriations request submitted to the
President for purposes of preparing the budget of the United
States Government under section 1105 of title 31, United States
Code, or any annual performance report submitted to Congress
any output measures for acres of land on which hazardous fuels
treatments were conducted if the land needs to be treated more
than once--</DELETED>
<DELETED> (A) to meet the requirement described in
section 40803(b) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592(b)); or</DELETED>
<DELETED> (B) to effectively mitigate wildfire
risk.</DELETED>
<DELETED> (2) Annual budget.--The President shall not
include in the budget of the United States Government submitted
to Congress under section 1105 of title 31, United States Code,
any output measures described in paragraph (1).</DELETED>
<DELETED> (3) Inclusions.--Output measures described in
paragraph (1) include--</DELETED>
<DELETED> (A) acres of hazardous fuels reduction on
National Forest System land and adjacent areas to
mitigate wildfire risk; and</DELETED>
<DELETED> (B) annual acreage treated to reduce or
maintain fuel conditions on National Forest System land
and non-Federal land.</DELETED>
<DELETED> (b) Inclusion in Annual Budget and Performance Reports.--
</DELETED>
<DELETED> (1) In general.--The Secretary concerned shall
include in an appropriations request submitted to the President
for purposes of preparing the budget of the United States
Government under section 1105 of title 31, United States Code,
and an annual performance report submitted to Congress--
</DELETED>
<DELETED> (A) the number of acres of land meeting
the requirement described in section 40803(b) of the
Infrastructure Investment and Jobs Act (16 U.S.C.
6592(b)); and</DELETED>
<DELETED> (B) the annual acreage of National Forest
System land where final treatment effectively mitigates
wildfire risk.</DELETED>
<DELETED> (2) Annual budget.--The President shall include in
the budget of the United States Government submitted to
Congress under section 1105 of title 31, United States Code,
the information described in paragraph (1).</DELETED>
<DELETED>SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.</DELETED>
<DELETED> Not later than January 1, 2025, and every 3 years
thereafter, the Secretary of Agriculture, acting through the Chief of
the Forest Service, shall--</DELETED>
<DELETED> (1) using data from the forest inventory and
analysis program, determine the net forest carbon balance on
the land in the National Forest System of each Forest Service
region, including whether the National Forest System land is--
</DELETED>
<DELETED> (A) a carbon source; or</DELETED>
<DELETED> (B) a carbon sink; and</DELETED>
<DELETED> (2) publish the information described in paragraph
(1) on the website of the Forest Service.</DELETED>
<DELETED>SEC. 105. TARGETS FOR WILDLIFE HABITAT IMPROVEMENT.</DELETED>
<DELETED> (a) In General.--To improve wildlife habitat function on
National Forest System land and public lands, not later than 18 months
after the date of enactment of this Act, the Secretary concerned
shall--</DELETED>
<DELETED> (1) evaluate the extent to which the specific
management goals and objectives relating to wildlife habitat in
existing land management plans or resource management plans, as
applicable, have been met through implementation of the
applicable land management plan or resource management plan;
and</DELETED>
<DELETED> (2) establish and implement a strategy, including
establishing annual targets, to meet the specific management
goals and objectives described in paragraph (1).</DELETED>
<DELETED> (b) Reporting.--Beginning in fiscal year 2025, the
Secretary concerned shall annually--</DELETED>
<DELETED> (1) establish targets associated with the strategy
developed under subsection (a)(2); and</DELETED>
<DELETED> (2) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report on the implementation
of the strategy developed under subsection (a)(2).</DELETED>
<DELETED>TITLE II--FOREST MANAGEMENT</DELETED>
<DELETED>SEC. 201. LAND AND RESOURCE MANAGEMENT PLANS.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives an
assessment of the time period that would be required for the Secretary
of Agriculture, acting through the Chief of the Forest Service, to
address the backlog of land and resource management plans that are
noncompliant with section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)), and
to come into compliance with that section, if the land and resource
management plans for the units of the National Forest System were
developed and revised in a manner consistent with the shorter length
and development timelines of the land management plans for the units of
the National Park System.</DELETED>
<DELETED>SEC. 202. MANAGEMENT OF OLD GROWTH AND MATURE
FORESTS.</DELETED>
<DELETED> (a) Definition of Old Growth.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Secretary concerned shall adhere to the definitions of
``old growth forest'' contained in the regulations of the
Secretary concerned (as in effect on January 1,
2022).</DELETED>
<DELETED> (2) Updates.--If the Secretary concerned
determines that a definition of ``old growth forest'' contained
in a regulation of the Secretary concerned needs to be revised,
the Secretary concerned--</DELETED>
<DELETED> (A) shall appoint a committee of
scientists who are not officers or employees of the
Forest Service or the Bureau of Land Management and
have a background in forestry and stand dynamics
(referred to in this paragraph as the ``committee of
scientists'');</DELETED>
<DELETED> (B) shall direct the committee of
scientists to provide scientific and technical advice
and counsel on definitions of ``old growth
forest'';</DELETED>
<DELETED> (C) shall review the recommendations of
the committee of scientists;</DELETED>
<DELETED> (D) shall publish the recommendations of
the committee of scientists for public comment;
and</DELETED>
<DELETED> (E) may adopt the recommendations of the
committee of scientists and revise the definition in a
manner consistent with subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure
Act'').</DELETED>
<DELETED> (b) Management of Mature Trees.--</DELETED>
<DELETED> (1) Definition of mature forest.--</DELETED>
<DELETED> (A) In general.--Consistent with section
6(m)(1) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(m)(1)), with
respect to National Forest System land and public
lands, the Secretary concerned shall define the term
``mature forest'' as a forest that has reached the
merchantability standard described in subparagraph
(B).</DELETED>
<DELETED> (B) Merchantability standard.--The
merchantability standard referred to in subparagraph
(A) is when a forest has generally reached the
culmination of mean annual increment of
growth.</DELETED>
<DELETED> (2) Management.--Except as provided in section
6(m) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(m)), on National Forest System land
and public lands, the Secretary concerned shall only carry out
regeneration harvests in mature forests (as defined by the
Secretary concerned under paragraph (1)).</DELETED>
<DELETED> (c) Savings Clause.--Any inventory of forests adopted
through executive branch action shall not modify, amend, or otherwise
change the duties of the Secretary concerned to manage unreserved
forests in accordance with, as applicable--</DELETED>
<DELETED> (1) the Act of June 4, 1897 (commonly known as the
``Organic Administration Act'') (30 Stat. 34, chapter
2);</DELETED>
<DELETED> (2) the Multiple-Use Sustained-Yield Act of 1960
(16 U.S.C. 528 et seq.);</DELETED>
<DELETED> (3) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.);</DELETED>
<DELETED> (4) section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a); and</DELETED>
<DELETED> (5) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).</DELETED>
<DELETED>SEC. 203. ASSESSMENT OF PROCESSED-BASED RESTORATION
TECHNIQUES.</DELETED>
<DELETED> (a) Wetland and Riparian Restoration Pilot Program.--
</DELETED>
<DELETED> (1) In general.--The Secretary of the Interior,
acting through the Director of the United States Geological
Survey, and the Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this subsection as
the ``Secretaries''), shall jointly establish a pilot program
to conduct research on and evaluate wetland and riparian
restoration techniques.</DELETED>
<DELETED> (2) Assessments.--In carrying out this subsection,
the Secretaries shall--</DELETED>
<DELETED> (A) assess the benefits, including to
downstream infrastructure, water storage, and
resilience to natural hazards, of process-based river
and wetland restoration techniques when carried out at
larger scales; and</DELETED>
<DELETED> (B) make available to the public the
results of the assessment described in subparagraph
(A).</DELETED>
<DELETED> (b) Experimental Forests Pilot Project.--The Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
carry out a pilot project on the experimental forests and ranges
managed by the Forest Service to evaluate biologically driven
restoration.</DELETED>
<DELETED>SEC. 204. INTERVENOR STATUS.</DELETED>
<DELETED> (a) In General.--For purposes of a civil action relating
to a qualified project described in subsection (b), a unit of local
government shall be--</DELETED>
<DELETED> (1) entitled to intervene, as of right, in any
subsequent civil action; and</DELETED>
<DELETED> (2) considered to be a full participant in any
settlement negotiation relating to the qualified project if the
unit of local government intervenes.</DELETED>
<DELETED> (b) Description of Qualified Project.--A qualified project
referred to in subsection (a) is a project that--</DELETED>
<DELETED> (1) is located on National Forest System land or
public lands;</DELETED>
<DELETED> (2) has been approved by the Secretary concerned;
and</DELETED>
<DELETED> (3)(A) reduces the risk posed by wildfire, insect,
or disease; or</DELETED>
<DELETED> (B) generates revenue from the harvesting of
timber.</DELETED>
<DELETED>SEC. 205. UTILIZING GRAZING FOR WILDFIRE PREVENTION.</DELETED>
<DELETED> The Secretary concerned, in coordination with holders of
permits to graze livestock on Federal land, shall develop a strategy to
increase opportunities to utilize livestock grazing as a wildfire
mitigation strategy, including--</DELETED>
<DELETED> (1) completion of reviews (as required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)) to allow permitted grazing on vacant grazing allotments
during instances of drought, wildfire, or other natural
disasters that disrupt grazing on allotments already
permitted;</DELETED>
<DELETED> (2) use of targeted grazing;</DELETED>
<DELETED> (3) increased use of temporary permits to promote
targeted fuels reduction and reduction of invasive annual
grasses;</DELETED>
<DELETED> (4) increased use of grazing as a fire recovery
strategy, where appropriate; and</DELETED>
<DELETED> (5) use of all applicable authorities under
law.</DELETED>
<DELETED>TITLE III--WORKFORCE</DELETED>
<DELETED>SEC. 301. LOGGING WORKFORCE.</DELETED>
<DELETED> (a) Training.--</DELETED>
<DELETED> (1) Interstate training programs.--The Secretary
of Agriculture, acting through the Chief of the Forest Service,
shall work with States to develop a universal, tiered program
to train persons to enter the logging workforce.</DELETED>
<DELETED> (2) On-the-job training.--The Secretary concerned
shall examine potential ways to facilitate apprenticeship
training to increase knowledge and skills in an emerging
logging workforce.</DELETED>
<DELETED> (b) Modernizing Machinery.--Using funds made available
under section 40804(b)(3) of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592a(b)(3)), the Secretary of Agriculture shall provide
low-interest loans or loan guarantees to persons, subject to such
conditions as the Secretary of Agriculture determines to be necessary,
for the acquisition of mechanized machinery for the purposes of
decreasing injuries in the logging workforce.</DELETED>
<DELETED>SEC. 302. BREAK-IN-SERVICE CONSIDERATION FOR FIREFIGHTER
RETIREMENTS.</DELETED>
<DELETED> Notwithstanding sections 8336(c) and 8412(d) of title 5,
United States Code, not later than May 1, 2024, the Secretary
concerned, in coordination with the Secretary of Labor, shall
promulgate regulations, as necessary, to ensure that a Federal wildland
firefighter would not forfeit previously made contributions or
eligibility for firefighter retirement when the wildland firefighter
has a voluntary break in service of not more than 9 months.</DELETED>
<DELETED>SEC. 303. FIREFIGHTER RENTAL HOUSING.</DELETED>
<DELETED> Notwithstanding OMB Circular No. A-45R, when the Secretary
concerned requires a Federal wildland firefighter to occupy government
housing, the Secretary concerned shall not deduct for government
housing rent from the payroll of the wildland firefighter an amount
that is greater than 40 percent of the pre-tax salary of the wildland
firefighter.</DELETED>
<DELETED>TITLE IV--CULTURAL CHANGE IN AGENCIES</DELETED>
<DELETED>SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.</DELETED>
<DELETED> Not later than 3 years after the date of enactment of this
Act, with respect to each unit of public lands and each unit of the
National Forest System that contains land described in section 102(5),
the Secretary concerned shall use not fewer than 1 of the following
streamlined authorities for environmental review:</DELETED>
<DELETED> (1) Section 603(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591b(a)).</DELETED>
<DELETED> (2) Section 605(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591d(a)).</DELETED>
<DELETED> (3) Section 606(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591e(b)).</DELETED>
<DELETED> (4) Section 40806(b) of the Infrastructure
Investment and Jobs Act (16 U.S.C. 6592b(b)).</DELETED>
<DELETED> (5) Section 40807 of the Infrastructure Investment
and Jobs Act (16 U.S.C. 6592c).</DELETED>
<DELETED> (6) Section 207 of the Wildfire Suppression
Funding and Forest Management Activities Act (16 U.S.C. 6591c
note; Public Law 115-141).</DELETED>
<DELETED>SEC. 402. CURTAILING EMPLOYEE RELOCATIONS.</DELETED>
<DELETED> (a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this section as
the ``Secretary''), shall curtail employee relocations to significantly
increase the period of time that each line officer works at a duty
station.</DELETED>
<DELETED> (b) Line Officer Hiring Eligibility.--To the maximum
extent practicable, the Secretary shall solicit applications for line
officer positions in a manner that does not limit eligibility for the
solicited position to only an applicant who is a current employee of
the Forest Service.</DELETED>
<DELETED> (c) Limits on Relocation Payments.--The Secretary shall
not reimburse an employee or otherwise pay for expenses relating to a
change in duty station in an amount that exceeds $100,000.</DELETED>
<DELETED> (d) Employment Development.--The Secretary shall develop a
program to provide incentives for employees to gain experience and
skills without relocating (commonly referred to as ``growing in
place'').</DELETED>
<DELETED>SEC. 403. REPEAL OF FLAME REPORTS.</DELETED>
<DELETED> Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is
amended--</DELETED>
<DELETED> (1) by striking subsection (h); and</DELETED>
<DELETED> (2) by redesignating subsection (i) as subsection
(h).</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting
Effective Forest Management Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ACCOMPLISHMENTS OVER RHETORIC
Sec. 101. Accelerating treatments on Federal land.
Sec. 102. Annual reports.
Sec. 103. Transparency in hazardous fuels reduction activity reporting.
Sec. 104. Regional forest carbon accounting.
Sec. 105. Wildland fire performance metrics.
TITLE II--FOREST MANAGEMENT
Sec. 201. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights-of-way.
Sec. 202. Timber sales on National Forest System land.
Sec. 203. Categorical exclusion for high-priority hazard trees.
Sec. 204. Intervenor status.
Sec. 205. Utilizing grazing for wildfire risk reduction.
TITLE III--WORKFORCE
Sec. 301. Direct hire authority.
Sec. 302. Continuing accrual of service for firefighters.
Sec. 303. Affordable housing for Federal wildland firefighters.
TITLE IV--CULTURAL CHANGE IN AGENCIES
Sec. 401. Mandatory use of existing authorities.
Sec. 402. Public-private wildfire technology deployment and testbed
partnership.
Sec. 403. Repeal of FLAME reports.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(2) Hazardous fuels reduction activity.--
(A) In general.--The term ``hazardous fuels
reduction activity'' means any vegetation management
activity to reduce the risk of wildfire, including
mechanical treatments and prescribed burning.
(B) Exclusion.--The term ``hazardous fuels
reduction activity'' does not include the awarding of a
contract to conduct any activity described in
subparagraph (A).
(3) National forest system.--
(A) In general.--The term ``National Forest
System'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusion.--The term ``National Forest System''
does not include any forest reserve not created from
the public domain.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
Federal land described in paragraph (1)(A); and
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, with
respect to Federal land described in paragraph (1)(B).
(5) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
TITLE I--ACCOMPLISHMENTS OVER RHETORIC
SEC. 101. ACCELERATING TREATMENTS ON FEDERAL LAND.
(a) Baseline Treatments for Fuels Reduction and Forest Health.--For
Federal land, the Secretary concerned shall determine--
(1) for each of fiscal years 2019 through 2023--
(A) the number of acres mechanically thinned, for
acres commercially thinned and for acres pre-
commercially thinned; and
(B) the number of acres treated by prescribed fire;
and
(2) the average of the numbers described in subparagraphs
(A) and (B) of paragraph (1) over the period of fiscal years
2019 through 2023.
(b) Annual Goals.--
(1) In general.--For Federal land for fiscal year 2025 and
each fiscal year thereafter, the Secretary concerned shall
establish annual--
(A) mechanical thinning goals for acres
commercially thinned and for acres pre-commercially
thinned; and
(B) prescribed fire goals.
(2) Requirements.--
(A) Fiscal years 2025 and 2026.--For each of fiscal
years 2025 and 2026, the goals established under
subparagraphs (A) and (B) of paragraph (1) shall be not
less than the number of acres described in subsection
(a)(2).
(B) Fiscal years 2027 and 2028.--For each of fiscal
years 2027 and 2028, the goals established under
subparagraphs (A) and (B) of paragraph (1) shall be not
less than 20 percent more than the number of acres
described in subsection (a)(2).
(C) Fiscal year 2029 and subsequent fiscal years.--
For fiscal year 2029 and each fiscal year thereafter,
the goals established under subparagraphs (A) and (B)
of paragraph (1) shall be not less than 40 percent more
than the number of acres described in subsection
(a)(2).
(c) Regional Allotments.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Secretary concerned
shall assign annual acreage allotments for mechanical thinning and
prescribed fire on Federal land, categorized by National Forest System
region or by State, as appropriate.
(d) Publication.--The Secretary concerned shall make publicly
available the data described in subsections (a), (b), and (c),
including by publishing that data on the website of the Forest Service
and the website of the Bureau of Land Management.
(e) Savings Provision.--Nothing in this section shall be construed
to supersede or conflict with any other provision of law, including--
(1) section 40803(b) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592(b)); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
(f) Applicability of NEPA.--The establishment of annual goals under
subsection (b)(1) and the assignment of regional allotments under
subsection (c) shall not be subject to the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 102. ANNUAL REPORTS.
Not later than September 30, 2025, and annually thereafter, the
Secretary concerned shall publish on a public website of the Forest
Service and a public website of the Bureau of Land Management the
following information with respect to the Federal land during the
preceding fiscal year:
(1) The number of acres treated pursuant to section
40803(b) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(b)).
(2)(A) The number of acres mechanically thinned;
(B) the number of acres treated by prescribed fire; and
(C) whether the number of acres described in subparagraphs
(A) and (B) met or exceeded the acres described in section
101(b)(2).
(3) Any limitations or challenges, including litigation or
delays in the preparation of environmental documentation, that
hindered the Secretary concerned from meeting or exceeding the
annual goals established under section 101(b)(1), if
applicable.
(4) The number of acres that have undergone a regeneration
harvest.
(5) The number of acres described in subparagraphs (A) and
(B) of paragraph (2) and paragraph (4) that are in an area
identified as having--
(A) the expectation that, without remediation, at
least 25 percent of standing live basal area greater
than 1 inch in diameter may die over a 15-year time
frame due to insects and diseases, as depicted on the
National Insect and Disease Composite Risk Map; or
(B) a very high or high wildfire hazard potential.
(6) The number of acres described in subparagraphs (A) and
(B) of paragraph (2) and paragraph (4) that use either of the
following streamlined authorities for environmental review:
(A) A categorical exclusion.
(B) An emergency action authority of the Secretary
concerned.
(7) The number of acres described in subparagraphs (A) and
(B) of paragraph (2) and paragraph (4) with respect to which
partners are used to carry out the work through--
(A) a good neighbor agreement under section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a);
(B) a master stewardship agreement;
(C) a contract or agreement entered into under the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a);
or
(D) a stewardship end-result contract.
SEC. 103. TRANSPARENCY IN HAZARDOUS FUELS REDUCTION ACTIVITY REPORTING.
(a) Inclusion of Hazardous Fuels Reduction Report in Materials
Submitted in Support of the President's Budget.--
(1) In general.--The Secretary concerned shall include in
the materials submitted in support of the President's budget
pursuant to section 1105 of title 31, United States Code, a
report describing--
(A) for each of fiscal years 2025 through 2030, the
number of acres of Federal land on which the Secretary
concerned carried out hazardous fuels reduction
activities during each of the preceding 6 fiscal years,
as assessed by the Secretary concerned using--
(i) the methodology of the Secretary
concerned in effect on the day before the date
of enactment of this Act; and
(ii) the methodology described in paragraph
(2); and
(B) for fiscal year 2031 and each fiscal year
thereafter, the number of acres of Federal land on
which the Secretary concerned carried out hazardous
fuels reduction activities during each of the preceding
6 fiscal years, as assessed by the Secretary concerned
using the methodology described in paragraph (2).
(2) Requirements.--For purposes of the reports 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 each fiscal
year covered by the report--
(i) record acres of Federal land on which
hazardous fuels reduction activities were
completed during each such fiscal year; and
(ii) record each acre described in clause
(i) once in the report with respect to a fiscal
year, regardless of whether multiple hazardous
fuels reduction activities were carried out on
such acre during such fiscal year; 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
each fiscal year covered by the report;
(iii) the types of hazardous fuels
reduction 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
reduction activities carried out during each
fiscal year 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
website 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 relating to hazardous
fuels reduction activities carried out by the Secretary
concerned.
(2) Elements.--The standardized procedures required under
paragraph (1) shall include--
(A) regular, standardized data reviews of the
accuracy and timely input of data used to track
hazardous fuels reduction activities;
(B) verification methods that validate whether 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 14 days 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 relating to
hazardous fuels reduction activities under this
subsection.
SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.
Not later than September 30, 2025, and every 3 years thereafter,
the Secretary of Agriculture, acting through the Chief of the Forest
Service, shall--
(1) using data from the forest inventory and analysis
program, determine the net forest carbon balance on the land in
the National Forest System of each Forest Service region,
including whether the National Forest System land is--
(A) a carbon source; or
(B) a carbon sink; and
(2) publish the information described in paragraph (1) on
the website of the Forest Service.
SEC. 105. WILDLAND FIRE PERFORMANCE METRICS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary concerned shall submit to the
committees of Congress described in subsection (c) a report on existing
key performance indicators and potential outcome-based performance
measures to reduce wildfire risk on Federal land.
(b) Inclusions.--The report submitted under subsection (a) shall
identify solutions to track the implementation and effectiveness of
hazardous fuels reduction activities and forest restoration treatments,
including strategies--
(1) to track whether land management activities are
reducing wildfire hazards and ways to quantify and track acres
in maintenance status;
(2) to track place-based and locally led outcomes;
(3) to standardize national-level monitoring measures;
(4) to quantify catastrophic wildfire risk reduction;
(5) to identify modeling and data challenges that are
preventing the transition to annual wildfire risk mapping
updates; and
(6) to integrate advanced technologies or a combination of
technologies and analyses that will benefit the quality of
information reported.
(c) Committees of Congress Described.--The committees of Congress
referred to in subsection (a) are--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Agriculture of the House of
Representatives.
TITLE II--FOREST MANAGEMENT
SEC. 201. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
(a) Hazard Trees Within 50 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 ``50''.
(b) Permits and Agreements With Owners and Operators of Electric
Transmission or Distribution Facilities.--Section 512 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended--
(1) in the section heading, by striking ``managment'' and
inserting ``management'';
(2) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(3) by inserting after subsection (i) the following:
``(j) Permits and Agreements With Owners and Operators of Electric
Transmission or Distribution Facilities.--
``(1) In general.--In any special use permit or easement on
National Forest System or Bureau of Land Management land
provided to the owner or operator of an electric transmission
or distribution facility, the Secretary concerned may provide
permission to cut and remove trees or other vegetation from
within the vicinity of the electric transmission or
distribution facility without requiring a separate timber sale,
if that cutting and removal is consistent with--
``(A) the applicable plan;
``(B) the applicable land and resource management
plan or land use plan; and
``(C) other applicable environmental laws
(including regulations).
``(2) Use of proceeds.--A special use permit or easement
that includes permission for cutting and removal described in
paragraph (1) shall include a requirement that, if the owner or
operator of the electric transmission or distribution facility
sells any portion of the material removed under the permit or
easement, the owner or operator shall provide to the Secretary
concerned any proceeds received from the sale, less any
transportation costs incurred in the sale.
``(3) Effect.--Nothing in paragraph (2) shall require the
sale of any material removed under a permit or easement that
includes permission for cutting and removal described in
paragraph (1).''.
SEC. 202. TIMBER SALES ON NATIONAL FOREST SYSTEM LAND.
Section 14(d) of the National Forest Management Act of 1976 (16
U.S.C. 472a(d)) is amended, in the first sentence, by striking
``$10,000'' and inserting ``$55,000''.
SEC. 203. CATEGORICAL EXCLUSION FOR HIGH-PRIORITY HAZARD TREES.
(a) Definitions.--In this section:
(1) High-priority hazard tree.--The term ``high-priority
hazard tree'' means a standing tree that--
(A) presents a visible hazard to people or Federal
property due to conditions such as deterioration of or
damage to the root system, trunk, stem, or limbs of the
tree, or the direction or lean of the tree, as
determined by the Secretary;
(B) is determined by the Secretary to be highly
likely to fail and, if it failed, would be highly
likely to cause injury to people or damage to Federal
property; and
(C) is--
(i) within 300 feet of a National Forest
System road with a maintenance level of 3, 4,
or 5;
(ii) along a National Forest System trail;
or
(iii) in a developed recreation site on
National Forest System land that is operated
and maintained by the Secretary.
(2) High-priority hazard tree activity.--
(A) In general.--The term ``high-priority hazard
tree activity'' means a forest management activity that
mitigates the risks associated with high-priority
hazard trees, which may include pruning, felling, and
disposal of those high-priority hazard trees.
(B) Exclusions.--The term ``high-priority hazard
tree activity'' does not include--
(i) any activity conducted in a wilderness
area or wilderness study area;
(ii) any activity for the construction of a
permanent road or permanent trail;
(iii) any activity conducted on Federal
land on which, by Act of Congress or
Presidential proclamation, the removal of
vegetation is restricted or prohibited;
(iv) any activity conducted in an area in
which activities described in subparagraph (A)
would be inconsistent with the applicable land
and resource management plan; or
(v) any activity conducted in an
inventoried roadless area.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
categorical exclusion (as defined in 111 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for high-
priority hazard tree activities.
(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion.
(3) Project size limitation.--A project carried out using
the categorical exclusion developed under paragraph (1) may not
exceed 3,000 acres.
SEC. 204. INTERVENOR STATUS.
(a) In General.--For purposes of a civil action relating to a
qualified project described in subsection (b), a unit of local
government or an Indian Tribe shall be--
(1) entitled to intervene, as of right, in any subsequent
civil action; and
(2) considered to be a full participant in any settlement
negotiation relating to the qualified project if the unit of
local government or Indian Tribe, as applicable, intervenes.
(b) Description of Qualified Project.--A qualified project referred
to in subsection (a) is a project that--
(1) is located on Federal land adjacent, or with sufficient
minimum contacts, as determined by the Secretary concerned, to
the land under the jurisdiction of the unit of local government
or Indian Tribe, as applicable;
(2) has been approved by the Secretary concerned; and
(3)(A) reduces the risk posed by wildfire, insect, or
disease; or
(B) generates revenue from the harvesting of timber.
SEC. 205. UTILIZING GRAZING FOR WILDFIRE RISK REDUCTION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary concerned shall develop and submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
strategy to analyze and identify opportunities to use livestock grazing
as a wildfire risk reduction tool on Federal land, consistent with the
laws applicable to the Secretary concerned.
(b) Inclusions.--The strategy developed under subsection (a) shall
include an analysis of--
(1) opportunities--
(A) to increase the use of any authorities
applicable to livestock grazing, including
modifications to grazing permits or leases to allow
variances;
(B) to use targeted grazing to reduce hazardous
fuels;
(C) to integrate advanced technologies to
dynamically adjust livestock placement;
(D) to increase the use of livestock grazing to
eradicate invasive annual grasses and as a post-fire
restoration and recovery strategy, as appropriate; and
(E) to facilitate and expedite the temporary use of
vacant allotments during extreme weather events or
natural disasters; and
(2) any other opportunities determined to be appropriate by
the Secretary concerned.
(c) Effect on Existing Grazing Programs.--Nothing in this section
affects--
(1) any livestock grazing program carried out by the
Secretary concerned as of the date of enactment of this Act; or
(2) any statutory authority for any program described in
paragraph (1).
TITLE III--WORKFORCE
SEC. 301. DIRECT HIRE AUTHORITY.
For fiscal year 2025 and each fiscal year thereafter, the Secretary
concerned may appoint, without regard to the provisions of subchapter I
of chapter 33 of title 5, United States Code, other than sections 3303
and 3328 of that title, a Job Corps graduate (as defined in section
142(5) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3192(5))) directly to a position for which the graduate meets Office of
Personnel Management qualification standards.
SEC. 302. CONTINUING ACCRUAL OF SERVICE FOR FIREFIGHTERS.
(a) Federal Employees' Retirement System.--Section 8401(14) of
title 5, United States Code, is amended to read as follows:
``(14) the term `firefighter' means--
``(A) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of non-wildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(B) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of wildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(C) an employee who--
``(i) is transferred directly to a
supervisory or administrative position after
performing duties described in subparagraph (A)
for at least 3 years; and
``(ii) while serving in such supervisory or
administrative position, has no break in
service; or
``(D) an employee who--
``(i) occupies a supervisory or
administrative position after performing duties
described in subparagraph (B) for not less than
3 years; and
``(ii) has not more than 24 months in total
time of breaks in service;''.
(b) Service Before Date of Enactment.--
(1) In general.--Subject to the requirements under
paragraph (2), service performed before the date of enactment
of this Act by an individual who, on the date of enactment of
this Act, is an employee (as defined in section 8401(11) of
title 5, United States Code) shall, for the purposes of chapter
84 of title 5, United States Code, be treated as service
performed by a firefighter if--
(A) such service was performed during the period
beginning on October 1, 2003, and ending on the day
before the date of enactment of this Act;
(B) at the time of performing such service--
(i) the individual did not meet the
requirements to be a firefighter under section
8401(14) of title 5, United States Code,
because of a break in service; and
(ii) would have met the requirements to be
a firefighter under section 8401(14)(D) of
title 5, United States Code, as amended by this
Act; and
(C) appropriate deductions and withholdings under
sections 8422 and 8423 of title 5, United States Code,
were made during such service.
(2) Credit for service.--To receive credit for eligible
service under paragraph (1), the applicable individual shall--
(A) before the date on which the individual
separates from service in the agency in which the
individual holds a position on the date of enactment of
this Act, submit a written election to the agency
employing the individual;
(B) if the individual is not employed by the agency
that employed the individual when the service described
in paragraph (1) was performed, submit a written
election to such agency; and
(C) remit to the agency that employed the
individual when such service was performed the
additional amount that would have been deducted during
the period of prior service under section 8422 of title
5, United States Code, from the pay of the individual
if the amendments made by subsection (a) had been in
effect during the prior service, plus any applicable
interest computed under section 8334(e) of title 5,
United States Code.
(3) Government contributions.--If an individual remits
payment under paragraph (2)(C) with respect to service
described in paragraph (1), the agency that employed the
individual when such service was performed shall remit to the
Office of Personnel Management (for deposit in the Treasury of
the United States to the credit of the Civil Service Retirement
and Disability Fund) the total additional amount of Federal
contributions that would have been paid under section 8423 of
title 5, United States Code, if the amendments made by
subsection (a) had been in effect during the prior service,
plus any applicable interest computed in accordance with
section 8334(e) of title 5, United States Code.
(4) Notification and assistance requirements.--The Director
of the Office of Personnel Management shall--
(A) take such action as may be necessary and
appropriate to inform individuals entitled to have any
service credited under this subsection, or to have any
annuity computed under this subsection, of the
entitlement to the credit or computation; and
(B) upon request, assist any individual described
in subparagraph (A) in obtaining such information in
the possession of the Secretary of Agriculture or the
Secretary of the Interior, as applicable, as may be
necessary to verify the entitlement of the individual
to have any service credited, or to have any annuity
computed, pursuant to this subsection.
(5) Rule of construction.--Nothing in this section shall be
construed to permit or require the making of any contribution
to the Thrift Savings Fund that would not otherwise have been
permitted or required but for the enactment of this section.
SEC. 303. AFFORDABLE HOUSING FOR FEDERAL WILDLAND FIREFIGHTERS.
(a) Definitions.--In this section, the terms ``agency'' and
``quarters'' have the meanings given the terms in section 5911(a) of
title 5, United States Code.
(b) Modernizing Rental Regulations for Federal Housing.--Section
5911 of title 5, United States Code, is amended--
(1) in subsection (f), by inserting after the first
sentence the following: ``In prescribing regulations under the
previous sentence defining a dormitory (also known as a
`bunkhouse' or `barracks') in relation to other forms of
quarters, the President shall do so based on the square footage
and intended number of residents of the quarters and shall
discount the square footage of any area devoted to official
use.''; and
(2) by adding at the end the following:
``(i) The head of each agency shall, to the maximum extent
practicable, maintain quarters under the jurisdiction of that agency
that are rented by an employee in a safe and sanitary condition.
``(j) For any quarters rented by an employee that experience a loss
in available facilities--
``(1) the head of the agency that owns or leases the
quarters shall attempt to repair or replace those facilities as
soon as practicable; and
``(2) the rental payments paid by the employee renting the
quarters shall be immediately discounted commensurate to that
loss in facilities.
``(k) Notwithstanding section 5536, for any quarters that become
uninhabitable due to a loss of facilities or other emergency
circumstance, the head of the agency that owns or leases the quarters
may provide alternative quarters and assess a rental rate not greater
than the rate of the inhabitable quarters for a period of not longer
than 28 days.
``(l) Notwithstanding section 5536, the head of an agency may rent
quarters owned or leased by that agency to an employee at a rate
corresponding to full occupancy of those quarters, without regard to
whether the quarters are fully occupied.
``(m) If quarters are not fully occupied by employees at any point
during a period of more than 1 year, the head of the agency that owns
or leases the quarters may, subject to the approval of the Director of
the Office of Management and Budget, reduce the rental rate charged to
an employee for those quarters by not more than 5 percent.''.
(c) Accurate Rental Rates for Housing.--
(1) Accuracy assessment of rent for remote housing.--Not
later than 120 days after the date of enactment of this Act,
the Comptroller General of the United States shall initiate a
study of the determination of rental rates for quarters owned
or leased by agencies that are--
(A) subject to a reduction in rental rates due to
the remoteness of the quarters under the regulations
promulgated under Circular A-45R of the Office of
Management and Budget, as revised on November 25, 2019
(referred to in this subsection as ``Circular A-45R'');
or
(B) located in an area that receives a different
locality-comparability payment under section 5304 or
5304a of title 5, United States Code, than the nearest
established community for those quarters, as determined
under the regulations promulgated under Circular A-45R.
(2) Analysis.--In conducting the study required under
paragraph (1), the Comptroller General of the United States
shall analyze--
(A) the extent to which rental rates for the
quarters accurately reflect similar units offered for
rent in local housing markets or housing markets of the
nearest established community;
(B) the accuracy of rental rate adjustments
relating to the remoteness of the quarters in making
rental rates more reflective of rates in the local
housing market, especially for any housing that can
only be accessed through methods other than on a paved
road; and
(C) whether the maximum allowable remoteness
adjustment of 60 percent from similar units in the
nearest established community is sufficient in cases of
extremely remote housing to accurately reflect local
housing markets.
(3) Consultation.--In conducting the study required under
paragraph (1) or the analysis required under paragraph (2), the
Comptroller General of the United States may consult with--
(A) the National Housing Council described in
Circular A-45R;
(B) the Director of the Office of Management and
Budget;
(C) the Secretary of Agriculture;
(D) the Secretary of the Interior; or
(E) any other agency that owns or leases quarters.
(4) Remediation.--
(A) In general.--Not later than 180 days after the
completion of the study required under paragraph (2),
the Director of the Office of Management and Budget
shall review the regulations promulgated under Circular
A-45R and, if necessary, revise the regulations to
remedy, to the maximum extent practicable, any
discrepancies between established rental rates for
quarters and the market rate for those quarters.
(B) Factors for consideration.--The Director of the
Office of Management and Budget, in completing any
review or revision under subparagraph (A), shall
consider the best available evidence, including the
survey and analysis by the Comptroller General of the
United States under paragraphs (1) and (2),
respectively.
(C) Nonapplication.--The requirement under
subparagraph (A) to revise regulations promulgated
under Circular A-45R shall not apply if the Director of
the Office of Management and Budget certifies that
remedying the discrepancies described in subparagraph
(A) would result in increased rental rates, on average,
for quarters.
(d) Affordability of Housing for Wildland Firefighters.--
(1) Reporting on expensive firefighter housing.--Not later
than 180 days after the date of the revision of regulations
under subsection (c)(4)(A), or the certification under section
(c)(4)(C), the Secretary of Agriculture and the Secretary of
the Interior shall prepare a report that establishes a list of
any quarters owned or leased by that Secretary that--
(A) as of the date on which the report is prepared,
are rented, or are intended for rent, primarily by a
wildland firefighter; and
(B) have a rental cost that exceeds 30 percent of--
(i) the rate of basic pay for that wildland
firefighter, or any special rate of basic pay
established for that wildland firefighter, plus
any locality-based comparability payment under
section 5304 or 5304a of title 5, United States
Code; or
(ii) for a prevailing rate employee
described in section 5342(a)(2)(A) of that
title in a position for which the duties of the
position relate primarily to wildland fires,
the wage rate of that employee.
(2) Remediation.--For any quarters included on the list
required under paragraph (1), the Secretary of Agriculture or
the Secretary of the Interior, as applicable, shall prepare a
plan to reduce the rental costs for those quarters, including
by--
(A) reducing the rental costs for such housing
under the authority provided in subsection (m) of
section 5911 of title 5, United States Code, as added
by this section;
(B) using the authorities provided by--
(i) section 8623 of the Agriculture
Improvement Act of 2018 (16 U.S.C. 580d note;
Public Law 115-334);
(ii) subchapter III of chapter 1013 of
title 54, United States Code; or
(iii) section 7 of the Fish and Wildlife
Act of 1956 (16 U.S.C. 742f); or
(C) other applicable authorities to construct or
lease housing.
(3) Temporary remediation.--
(A) Time table required.--Each remediation plan
prepared under paragraph (2) shall include a timeline
for implementing the plan.
(B) Rental cap.--Notwithstanding the requirements
of section 5536 of title 5, United States Code, the
Secretary of Agriculture or Secretary of the Interior,
as applicable, may establish a cap on rental costs for
a wildland firefighter or prevailing rate employee in a
position for which the duties of the position relate
primarily to wildland fires that inhabits quarters
subject to a remediation plan under paragraph (2),
which shall be not more than 30 percent of--
(i) the rate of basic pay for that wildland
firefighter, or any special rate of basic pay
established for that wildland firefighter, plus
any locality-based comparability payment under
section 5304 or 5304a of that title; or
(ii) for a prevailing rate employee
described in section 5342(a)(2)(A) of title 5,
United States Code, the wage rate of that
employee.
(C) Rental cap duration.--The duration of any
rental cap imposed under subparagraph (B) shall not
exceed the timetable identified under subparagraph (A)
for implementation of the applicable remediation plan
prepared under paragraph (2).
(D) Rental cap renewal.--A rental cap, the duration
of which has expired under subparagraph (C) because of
implementation delays for the applicable remediation
plan prepared under paragraph (2), may be renewed for
periods of not longer than 2 years, if the Secretary of
Agriculture or the Secretary of the Interior, as
applicable, submits an explanation of the reason for
the implementation delays to--
(i) the Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(iii) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(iv) the Committee on Appropriations of the
Senate;
(v) the Committee on Natural Resources of
the House of Representatives;
(vi) the Committee on Agriculture of the
House of Representatives;
(vii) the Committee on Oversight and
Accountability of the House of Representatives;
and
(viii) the Committee on Appropriations of
the House of Representatives.
TITLE IV--CULTURAL CHANGE IN AGENCIES
SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.
Not later than 3 years after the date of enactment of this Act,
with respect to each unit of Federal land that contains land described
in section 102(5), the Secretary concerned shall use not fewer than 1
of the following streamlined authorities for environmental review:
(1) Section 603(a) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591b(a)).
(2) Section 605(a) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591d(a)).
(3) Section 606(b) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591e(b)).
(4) Section 40806(b) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592b(b)).
(5) Section 40807 of the Infrastructure Investment and Jobs
Act (16 U.S.C. 6592c).
(6) Section 207 of the Wildfire Suppression Funding and
Forest Management Activities Act (16 U.S.C. 6591c note; Public
Law 115-141).
SEC. 402. PUBLIC-PRIVATE WILDFIRE TECHNOLOGY DEPLOYMENT AND TESTBED
PARTNERSHIP.
(a) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means--
(A) the Committees on Agriculture, Nutrition, and
Forestry, Energy and Natural Resources, and Commerce,
Science, and Transportation of the Senate; and
(B) the Committees on Agriculture, Natural
Resources, and Science, Space, and Technology of the
House of Representatives.
(2) Covered agency.--The term ``covered agency'' means--
(A) each Federal land management agency (as defined
in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801));
(B) the Department of Defense;
(C) the National Oceanic and Atmospheric
Administration;
(D) the United States Fire Administration;
(E) the Federal Emergency Management Agency;
(F) the National Aeronautics and Space
Administration;
(G) the Bureau of Indian Affairs; and
(H) any other Federal agency involved in wildfire
response.
(3) Covered entity.--The term ``covered entity'' means--
(A) a private entity;
(B) a nonprofit organization; and
(C) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(4) Pilot program.--The term ``Pilot Program'' means the
deployment and testbed pilot program established under
subsection (b).
(5) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(b) Establishment.--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 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 an existing
interagency coordinating group on wildfires;
(2) in consultation with the heads of covered agencies,
identify key technology priority areas with respect to the
deployment of wildfire prevention, detection, communication,
and mitigation technologies, including--
(A) hazardous fuels reduction activities or
treatments;
(B) dispatch communications;
(C) remote sensing 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 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, which shall include a proposal to test technologies specific
to key technology priority areas identified under subsection (c)(2).
(e) Prioritization of Emerging Technologies.--In selecting covered
entities to participate in the Pilot Program, the Secretaries shall
give priority to covered entities developing and applying emerging
technologies that address issues identified by the Secretaries,
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
the covered agencies, shall make publicly available the key technology
priority areas identified under subsection (c)(2) and invite covered
entities to apply to test and demonstrate their technologies to address
those priority areas.
(g) Reports and Recommendations.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter for the
duration of the Pilot Program, the Secretaries shall submit to the
appropriate committees a report that includes the following with
respect to the Pilot Program:
(1) A list of participating covered entities.
(2) A brief description of the technologies tested by such
covered entities.
(3) An estimate of the cost of acquiring the technology
tested in the Pilot Program and applying it 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 the wildfire prevention, detection, communication, and
mitigation efforts of Federal land management agencies (as
defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)).
(h) Termination.--The Pilot Program shall expire on the date that
is 7 years after the date of enactment of this Act.
SEC. 403. REPEAL OF FLAME REPORTS.
Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
Calendar No. 592
118th CONGRESS
2d Session
S. 2867
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A BILL
To address the forest health crisis on the National Forest System and
public lands, and for other purposes.
_______________________________________________________________________
November 21, 2024
Reported with an amendment