[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4628 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4628
To improve wildfire mitigation, management, and recovery, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Kelly (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve wildfire mitigation, management, and recovery, 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.
This Act may be cited as the ``Enhancing Mitigation and Building
Effective Resilience Act'' or the ``EMBER Act''.
SEC. 2. WILDFIRE MITIGATION, MANAGEMENT, AND RECOVERY.
(a) State, Local, and Tribal Matching Funds Waiver and Reduction
Authority.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, or the Administrator of the Federal
Emergency Management Agency Administrator (referred to in this
Act as the ``FEMA Administrator'') may reduce or waive
applicant matching or cost-sharing requirements applicable to
funds provided by the Secretary of Agriculture, the Secretary
of the Interior, or the FEMA Administrator, respectively, to a
State, Indian Tribe, county, municipality, or other unit of
local government for--
(A) planning or implementing a wildfire mitigation
or management project to reduce the risk of wildfire;
(B) preparing a needs assessment in preparation for
post-wildfire cascading impacts before a wildfire
occurs; or
(C) planning or implementing post-wildfire recovery
projects on land in the State, county, municipality, or
other unit of local government or on land of the Indian
Tribe.
(2) Limitation.--The amount that the Secretary of
Agriculture, the Secretary of the Interior, or the FEMA
Administrator, as applicable, may reduce or waive under
paragraph (1) shall not exceed the amount that the applicable
State, Indian Tribe, county, municipality, or other unit of
local government expended on the activities described in that
paragraph.
(3) Inclusions.--Amounts described in paragraph (2) may
include amounts used for activities described in paragraph (1)
that were collected by a State, Indian Tribe, county,
municipality, or other unit of local government from--
(A) the sale of bonds;
(B) sales taxes, property taxes, income taxes, or
other tax revenue sources;
(C) the pooling of contributions from customers of
a quasi-governmental utility; or
(D) conservation finance agreements.
(b) Wood Processing Inventory.--
(1) Definition of secretary.--In this subsection, the term
``Secretary'' means the Secretary of Agriculture, in
coordination with the Secretary of the Interior.
(2) Inventory, studies, and report.--The Secretary shall--
(A) conduct an inventory of wood processing
facilities, including sawmills and biomass utilization
facilities, in each region of the United States, as
determined by the Secretary;
(B) conduct additional economic studies, workforce
studies, and biomass feasibility studies to better
understand solutions to the development and
redevelopment of regional wood products markets, as the
Secretary determines to be appropriate;
(C) identify each region described in subparagraph
(A) that--
(i) is at high risk of wildfire, as
determined by the Secretary; and
(ii) does not have a wood processing
facility or needs additional wood processing
infrastructure or capacity; and
(D) submit a report describing the inventory,
studies, and regions described in subparagraphs (A),
(B), and (C), respectively, to the relevant committees
of Congress, including--
(i) the Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Committee on Commerce, Science,
and Transportation 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 Homeland Security of
the House of Representatives;
(vii) the Committee on Science, Space, and
Technology of the House of Representatives; and
(viii) the Committee on Appropriations of
the House of Representatives; and
(E) made the report described in subparagraph (D)
publicly available on the website of the Department of
Agriculture.
(c) Land-for-Wood Processing Program.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly establish a program
under which the Secretary of Agriculture and the Secretary of
the Interior shall authorize Federal land under the
jurisdiction of the Secretary of Agriculture or the Secretary
of the Interior for the purpose described in paragraph (2).
(2) Use.--Land authorized under paragraph (1) shall be used
for 1 or more wood processing facilities, including sawmills
and biomass utilization facilities, in each region identified
under subsection (b)(2)(C) that is included in the report
submitted under subsection (b)(2)(D).
(d) Small Business Support.--The Secretary of the Interior shall
enter into cost-share agreements with, and provide technical assistance
to, States, Indian Tribes, counties, and municipalities to support
small businesses, as determined by the Secretary of the Interior, that
utilize biomass that is a byproduct of wildfire risk reduction and
forest restoration activities.
(e) Renewable Fuel Standard Program.--
(1) Renewable identification numbers required.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall--
(A) incorporate into, and establish pathways for
credit under, the Renewable Fuel Program under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) for
sustainable aviation fuel, renewable natural gas,
hydrogen, biodiesel, and all other biofuels with the
potential to be commercially viable in the 10-year
period beginning on the date of enactment of this Act
that are made from biomass derived from wildfire risk
reduction and forest restoration activities on public
and private lands; and
(B) provide renewable identification numbers for
the products described in subparagraph (A).
(2) Forest biomass as renewable biomass.--Section
211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is
amended--
(A) by striking clauses (iv) and (v) and inserting
the following:
``(iv) Forest biomass, regardless of
whether the biomass is sourced from public or
private land, which may include--
``(I) slash;
``(II) pre-commercial thinnings;
``(III) plantation materials and
residues;
``(IV) biomass obtained from areas
at risk of wildfire;
``(V) sawmill and forest products
manufacturing residues; and
``(VI) any other uncontaminated
byproduct of forest management and
forest products manufacturing.''; and
(B) by redesignating clauses (vi) and (vii) as
clauses (v) and (vi), respectively.
(f) Program Alignment.--The Secretary of Agriculture shall direct
the Under Secretary for Rural Development and the Chief of the Forest
Service to coordinate with each other for the purpose of supporting
investments in sawmills and biomass utilization facilities in areas
that have the greatest need for wildfire risk reduction.
(g) Biomass Utilization.--The Secretary of Agriculture and the
Secretary of Energy shall cooperate to support--
(1) research relating to biomass utilization methods; and
(2) large-scale forest biomass utilization research,
including the development of, and support for, pilot projects
that promote the utilization and commercialization of biomass
as a byproduct of wildfire risk reduction and forest
restoration activities.
(h) Grazing.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall manage fine fuels and shrubs on
Federal land under the jurisdiction of the Secretary of
Agriculture or the Secretary of the Interior, respectively,
through the expanded use of flexible, targeted grazing that--
(A) aligns with wildfire impact reduction
objectives and desired environmental conditions and
landscape goals in the ecological system in which the
grazing is conducted; and
(B) complies with other obligations, including
requirements applicable to congressionally designated
wilderness areas.
(2) Department of the interior nonrenewable grazing permits
and leases.--The Secretary of the Interior shall--
(A) direct the use of nonrenewable grazing permits
and leases described in section 4130.6-2 of title 43,
Code of Federal Regulations (or successor regulations),
to reduce fine fuel loads and the risk of catastrophic
wildfire where and when such use is ecologically
appropriate;
(B) direct the use of cooperative agreements
described in section 29.2 of title 50, Code of Federal
Regulations (or successor regulations); and
(C) identify and deploy technologies such as remote
sensing and virtual fencing to expedite, simplify, and
encourage the use of nonrenewable grazing permits and
leases referred to in subparagraph (A) to reduce fine
fuel loads.
(3) Forest service temporary grazing permits.--The
Secretary of Agriculture shall--
(A) direct the issuance of temporary grazing
permits under part 222 of title 36, Code of Federal
Regulations (or successor regulations, to permittees
under that part for the purpose of grazing to reduce
fine fuel loads and the risk of catastrophic wildfire
where and when such issuance is ecologically
appropriate; and
(B) identify and deploy technologies such as remote
sensing and virtual fencing to expedite, simplify, and
encourage the use of temporary permits referred to in
subparagraph (A) to reduce fine fuel loads.
(i) Workforce Needs Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security shall jointly prepare and submit to Congress a report
describing--
(A) needs in the Federal workforce relating to a
more comprehensive approach to wildfire management,
including pre-fire mitigation and post-fire recovery in
the built and natural environments;
(B) positions needed to more effectively partner
with and enable the utilization of State, Tribal, and
local capacity; and
(C) challenges with contract and agreement
mechanisms, including recommendations to reduce
staffing and cost burdens relating to State, Tribal,
and local use of contracts and agreements.
(2) Consultation.--In identifying the positions needed to
partner with States, Indian Tribes, and units of local
government under paragraph (1)(B), the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Homeland Security shall consult with--
(A) representative organizations of those entities,
such as the National Governors Association, the
National Association of State Foresters, the National
Association of Counties, the National League of Cities,
and the National Congress of American Indians; and
(B) representatives of community nongovernmental
organizations and other relevant partners, including
local utility providers, public safety personnel, fire
service representatives, and emergency managers,
including State hazard mitigation officers.
(j) Incident Recovery.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security, acting through the FEMA Administrator, shall jointly
develop policies and guidance for post-fire incident recovery,
specifically relating to the transition between wildfire
response and the wildfire recovery period.
(2) Inclusions.--The policies and guidance developed under
paragraph (1) shall--
(A) identify areas for coordination between Federal
agencies;
(B) support consistent implementation of incident
response and recovery policies across landscapes; and
(C) provide a pathway with defined timeframes and
areas of Federal responsibility for the transition
between wildfire operations and locally led recovery
efforts.
(3) Updates and review.--Not later than 1 year after the
date of enactment of this Act, the FEMA Administrator shall--
(A) update the Public Assistance Program and Policy
Guide of the Federal Emergency Management Agency to
include guidance on wildfire-specific recovery
challenges, including debris removal, emergency
protective measures, and toxicity of drinking water
resources resulting from wildfire;
(B) conduct a review of the criteria for evaluating
the cost-effectiveness of projects intended to mitigate
the impacts of wildfire under sections 203 and 404 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133; 5170c), including--
(i) the establishment of pre-calculated
benefits criterion for common defensible space
mitigation projects for wildfire mitigation;
(ii) the use of nature-based infrastructure
in wildfire mitigation;
(iii) considerations for vegetation
management for wildfire mitigation;
(iv) reducing the negative effects of
wildfire smoke on public health; and
(v) lessening the impact of wildfires on
water infrastructure; and
(C) issue such guidance as is necessary to--
(i) update criteria described in
subparagraph (B), based on the results of the
review conducted under that subparagraph; and
(ii) prioritize projects under sections 203
and 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5133; 5170c) based on the criteria updated
under clause (i).
(k) Emergency Watershed Protection Program Cross-Boundary
Funding.--Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) is amended by adding at the end the following:
``(c) Cross-Boundary Funding.--The Secretary may undertake
emergency watershed protection measures under this section across
boundaries between Federal land (including land managed by different
Federal agencies), State land, and private land for the purpose of
protecting lives, property, or resources at risk as a result of the
applicable impairment described in subsection (a).''.
(l) Funding to Water Entities.--
(1) Definition of covered agency.--In this subsection, the
term ``covered agency'' means--
(A) the Environmental Protection Agency;
(B) the Department of Housing and Urban
Development;
(C) the Department of Agriculture;
(D) the Federal Emergency Management Agency; and
(E) the Department of the Interior.
(2) Requirement.--After a wildfire has occurred, as
determined by the head of the applicable covered agency, the
head of the covered agency shall expedite to less than 90 days
after the wildfire occurred the provision of grants under grant
programs carried out by the covered agency, for the purpose of
maintaining drinking water delivery in the area in which the
wildfire occurred, for--
(A) drinking water collection and delivery
restoration and repair;
(B) drinking water plant restoration and repair;
(C) the development of additional drinking water
treatment infrastructure; and
(D) the development of access to alternative
sources of drinking water.
(3) Indirect costs.--Notwithstanding any other provision of
law, a grant provided using the authority to expedite grants
under paragraph (2) may be used to restore and repair drinking
water collection systems, delivery systems, and treatment
plants damaged by direct flame contact or indirect impacts of
wildfire, such as damage to infrastructure from increased
sediment delivery resulting from a burned watershed.
(m) Joint Chiefs Landscape Restoration Partnership Program.--
Section 40808(d) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592d(d)) is amended--
(1) in paragraph (1)(F), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) whether the proposal enhances drought and wildfire
resilience; and''.
(n) National Science and Technology Council Wildfire
Subcommittee.--The President shall establish within the Environmental
Committee of the National Science and Technology Council a Wildfire
Subcommittee, which shall, in coordination with non-Federal partners,
prioritize, review, and direct funding to--
(1) reports on areas in which research is needed relating
to effective pre-fire mitigation and post-fire recovery;
(2) the development of new fire models to better reflect
scientific advancements and altered fire behavior under current
and future climate conditions;
(3) map and model the current and anticipated development
of communities and infrastructure and include the built
environment in fuel models;
(4) study behavioral and social sciences to better
understand and guide public and individual decision-making; and
(5) study organizational science to support adaptation of
effective pre-fire mitigation and post-fire recovery strategies
by Federal, State, Tribal, and local agencies.
(o) Local Wildfire Training.--The Secretary of Homeland Security,
acting through the United States Fire Administrator, in consultation
with the Secretary of Agriculture and the Secretary of the Interior,
shall develop, coordinate, and deliver expanded wildfire response and
suppression training and prescribed fire training to local fire
entities in preparation for the increased likelihood that local fire
entities will engage in work relating to wildfires.
(p) Quantitative and Qualitative Review.--Every 5 years, the
Secretary of Agriculture, the Secretary of the Interior, and the
Secretary of Homeland Security, acting through the FEMA Administrator
and United States Fire Administrator, shall jointly--
(1) conduct a quantitative and qualitative review of the
comprehensive wildfire environment, including--
(A) an analysis of wildfire mitigation work
completed and wildfire recovery efforts undertaken;
(B) changes in the built and natural environments;
(C) impacts to public health from wildfire;
(D) an assessment of the level of integration of
planning and implementation across all temporal phases
of wildfire;
(E) an assessment of anticipated changes and
challenges in wildfire management in the upcoming
decade; and
(F) policy recommendations to address needed
changes;
(2) submit a report describing the findings of the review
under paragraph (1) to the relevant committees of Congress,
including the committees described in subsection (b)(2)(D); and
(3) make publicly available the report submitted under
paragraph (2).
(q) Bureau of Land Management Land Transfers.--
(1) In general.--The Secretary of the Interior may transfer
land administered by the Bureau of Land Management to an Indian
Tribe for the purpose described in paragraph (2).
(2) Use.--Land transferred under paragraph (1) shall be
used for wildfire mitigation and restoration workforce housing
for the Indian Tribe.
(r) Tribal Participation.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Secretary of the
Interior shall enter into contracts and agreements with, and provide
grants to, Indian Tribes to promote participation of Indian Tribes in
wildfire response, mitigation, and management.
(s) Panel To Study Tribal Inclusion.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly establish a panel to
study opportunities for the inclusion of Indian Tribes in
Federal wildfire response, mitigation, and co-stewardship.
(2) Members.--The panel established under paragraph (1)
shall be composed of 9 members, each of whom shall represent an
Indian Tribe with forestry interests or at risk of wildfire.
(3) Duties.--Not later than 1 year after the date of
enactment of this Act, the panel established under paragraph
(1) shall--
(A) conduct a study to identify opportunities
described in paragraph (1); and
(B) make available on a publicly accessible website
a report describing the opportunities identified
through the study under subparagraph (A).
(t) Wildfire Cascading Impacts.--
(1) In general.--With respect to a wildfire that results in
the declaration of a major disaster pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the FEMA Administrator shall hold the
incident period open for 1 year, beginning on the date of fire
containment, for emergency assistance under section 403 of that
Act (42 U.S.C. 5170b) required from flooding, mud flow, or
debris flow resulting from the wildfire.
(2) Risk-based monitoring plans.--With respect to a
wildfire described in paragraph (1), an agency requesting
emergency assistance may submit to the FEMA Administrator a
risk-based monitoring plan, which shall include--
(A) an assessment of the risk of debris flows,
flooding or other impact resulting from the wildfire;
(B) a plan for monitoring the risk and alerting the
public to imminent threats to life and property; and
(C) an estimate of the duration of the risk.
(3) Extension.--
(A) In general.--Upon submission of a risk-based
monitoring plan described in paragraph (2), the FEMA
Administrator shall extend the incident period, holding
the incident period open until the earlier of the end
of--
(i) the estimated duration of the risk; or
(ii) 5 years after the date of fire
containment.
(B) Deemed granted.--If the FEMA Administrator
takes no action during the 90-day period after
submission of a risk-based monitoring plan described in
paragraph (2), an extension of the relevant incident
period under subparagraph (A) shall be deemed granted.
(u) Categorical Exclusion.--The Secretary of Homeland Security, in
coordination with the FEMA Administrator shall amend the Department of
Homeland Security Instruction Manual on Implementation of the National
Environmental Policy Act (Instruction Manual 023-01-001-01, Revision
01) to include post-fire revegetation, waterway protection, water
resource protection, and other post-fire community environmental needs
in the list of categorical exclusions.
(v) Interagency Resource Ordering.--The Secretary of Agriculture
and the Secretary of the Interior shall direct agencies of the
Department of Agriculture and the Department of the Interior,
respectively, to utilize existing interagency resource ordering systems
for prescribed fire assignments.
(w) Programmatic Environmental Analyses.--The Secretary of
Agriculture and the Secretary of the Interior shall--
(1) increase the use of programmatic environmental analyses
that are broad, include similar or connected projects, are
large in scale, or will be implemented over a longer period of
time, with appropriate Tribal consultation and incorporation of
Indigenous knowledge; and
(2) use phased planning for projects on large landscapes.
(x) Performance Metrics.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland Security,
acting through the FEMA Administrator, shall jointly revise performance
metrics applicable to land management agencies and the United States
Fire Administration to include--
(1) the number of protected assets and values, including
sacred sites and other cultural resources and values;
(2) the degree to which long-term risks to landscapes are
reduced and landscapes are maintained in a more resilient
state;
(3) watershed conditions, fuels reduction outcomes,
biodiversity, and ecosystem services benefits; and
(4) social metrics, including collaboration, community
empowerment, and partnerships.
(y) Uniform Datasets.--The Secretary of Agriculture, the Secretary
of the Interior, and the Secretary of Homeland Security, acting through
the United States Fire Administrator, shall jointly develop and
maintain uniform wildfire hazard datasets.
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