Emergency Wildfire and Public Safety Act of 2020
This bill addresses wildfire preparedness and response.
Among other things, the bill requires the Department of Agriculture (USDA) to select three forest landscapes on which to conduct projects to reduce the risk of wildfire, restore ecological health, or adapt to the increased risk of wildfire due to climate change.
USDA and the Department of the Interior shall expedite the placement of wildfire detection equipment in areas at risk of wildfire, expedite related permitting, expand the use of satellite data to assist wildfire response, and establish a center to train individuals in methods to mitigate wildfire risk.
The bill excludes certain forest management activities from environmental review requirements.
Interior may make a determination that an emergency situation exists regarding National Forest System land and authorize specified emergency actions. Such a determination and such actions are not subject to administrative review.
Interior shall provide grants, loans, and loan guarantees to support biomass conversion facilities.
The bill allows the export of unprocessed timber of dead and dying trees from federal land in California.
Interior shall establish a grant program to assist in the development and utilization of innovative activities relating to workforce development in the forest sector, raise public awareness about the forest sector, and connect individuals to careers in the forest sector.
The Department of Energy shall provide support to improve the energy resilience, power needs, and energy efficiency of critical facilities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7978 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7978
To increase wildfire preparedness and response throughout the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 7, 2020
Mr. Panetta (for himself, Mr. LaMalfa, Mr. Costa, Mr. Harder of
California, Mr. Garamendi, Mr. Cox of California, Mr. Carbajal, and Mr.
Gianforte) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Agriculture, Transportation and Infrastructure, Education and Labor,
Energy and Commerce, and Foreign Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To increase wildfire preparedness and response throughout the United
States, 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 ``Emergency Wildfire and Public Safety
Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--WILDFIRE MITIGATION PROJECTS
Sec. 101. Forest landscape projects.
Sec. 102. Wildfire detection equipment.
Sec. 103. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 104. Emergency actions.
Sec. 105. New information in land management plans.
Sec. 106. Hazard mitigation using disaster assistance.
TITLE II--BIOMASS
Sec. 201. Biomass energy infrastructure program.
TITLE III--TIMBER EXPORTS
Sec. 301. Exemption to prohibition on export of unprocessed timber of
dead and dying trees in the State of
California.
TITLE IV--OTHER MATTERS
Sec. 401. Innovative forest workforce development program.
Sec. 402. Western prescribed fire center.
Sec. 403. Retrofits for fire-resilient communities.
Sec. 404. Critical infrastructure and microgrid program.
SEC. 3. FINDINGS.
Congress finds that--
(1) in 2017 and 2018, the State of California, the State of
Montana, and other Western States experienced some of the
deadliest and most destructive wildfires in the last 100 years,
devastating Federal, State, and private land, destroying tens
of thousands of homes, killing dozens of people, and burning
large areas of land in the wildland-urban interface (as defined
in section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511));
(2) fire suppression practices over several decades,
inadequate levels of forest management, and climate change have
increased the risk of wildfires, and, according to the Fourth
National Climate Assessment by the United States Global Change
Research Program, the cumulative number of acres burned in the
period from 1984 to 2015 was twice the number of acres that
would have burned in the absence of climate change;
(3) increased development in the wildland-urban interface
near overgrown forest landscapes has increased the number of
people living in areas that are at risk of wildfire;
(4) despite legislation enacted over the last 20 years to
facilitate hazardous fuels reduction, certain statutory,
regulatory, and administrative requirements, including studies,
publication periods, season-specific surveys, and objection
processes, and litigation can significantly impede rapid
implementation of hazardous fuels reduction projects necessary
to protect lives and property;
(5) increasing the pace and scale of science-based,
publicly developed forest management activities that reduce
hazardous fuels, including through mechanical thinning and
controlled burning, can reduce the size and scope of wildfires,
as well as protect watersheds, improve fish and wildlife
habitat, expand recreational opportunities, protect air
quality, and increase the sequestration of carbon on National
Forest System and Bureau of Land Management land;
(6) in 2019, 11,800,000 acres of National Forest System
land in the State of California and 6,300,000 acres of National
Forest System land in the State of Montana were at high or very
high wildfire hazard potential, of which 3,100,000 acres and
1,600,000 acres, respectively, were within proximity to
populated areas; and
(7) the Governor of the State of California has proclaimed
a ``State of Emergency'' due to a vast tree die-off throughout
the State that has increased the risk of wildfires and has
created extremely dangerous fire conditions.
SEC. 4. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)));
and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)).
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
Federal land described in paragraph (1)(A); and
(B) the Secretary of the Interior, with respect to
Federal land described in paragraph (1)(B).
TITLE I--WILDFIRE MITIGATION PROJECTS
SEC. 101. FOREST LANDSCAPE PROJECTS.
(a) Definitions.--In this section:
(1) Collaborative process.--The term ``collaborative
process'' means a collaborative process described in section
4003(b)(2) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 7303(b)(2)).
(2) Forest landscape.--The term ``forest landscape'' means
an area that--
(A) primarily or entirely contains land that has a
high or very high wildfire hazard potential;
(B) due to a fuel management activity in the area,
would have a reduced risk, as determined by the
Secretary concerned--
(i) of wildfire endangering a nearby at-
risk community (as defined in section 101 of
the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511));
(ii) of wildfire damaging a municipal
watershed or infrastructure that serves an at-
risk community described in clause (i); or
(iii) of the transmission of a high
intensity wildfire from the applicable
wildland-urban interface or forest landscape to
a nearby community; and
(C) to the extent practicable, is conducive to the
development and implementation of projects relating to
wildfire resilience and forest health that are carried
out through a collaborative process.
(3) Forest landscape project.--The term ``forest landscape
project'' means a project carried out in a forest landscape
under subsection (b)(1)--
(A) in which 1 or more management activities are
carried out; and
(B) that takes place on not more than 75,000 acres
of Federal land or non-Federal land adjacent to Federal
land on which the project is carried out.
(4) Management activity.--The term ``management activity''
means--
(A) the installation of fuel breaks (including
shaded fuel breaks) not more than \1/2\-mile wide
across a forest landscape in a strategic system that
maximizes the reduction of wildfire risk to communities
or watersheds;
(B) mechanical thinning (including restoration
thinning) of a forest landscape to clear--
(i) surface fuels, such as slash;
(ii) ladder fuels, such as small and medium
diameter trees and shrubs; or
(iii) both of the fuels described in
clauses (i) and (ii); and
(C) controlled burns.
(5) State.--The term ``State'' means a State the entirety
of which is located west of the 100th meridian.
(6) Wildlife habitat.--The term ``wildlife habitat'' means
an ecological community on which a species of wild animal,
bird, plant, fish, amphibian, or invertebrate depends for the
conservation and protection of the species.
(b) Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, in accordance with paragraph (2), the
Secretary of Agriculture, in consultation with the Secretary of
the Interior, shall select 3 forest landscapes on which to
conduct forest landscape projects--
(A) to reduce the risk of wildfire in the forest
landscape;
(B) to restore ecological health to the forest
landscape; or
(C) to adapt the forest landscape to the increased
risk of wildfire due to climate change.
(2) Process.--
(A) Proposals.--The Governor of a State may submit
to the Secretary of Agriculture a proposal for a forest
landscape project to be carried out in that State.
(B) Selection.--The Secretary of Agriculture, in
consultation with the Secretary of the Interior, shall
select forest landscape projects to be conducted from
among proposals submitted under subparagraph (A) based
on--
(i) the strength of the proposal and the
strategy for the conduct of the forest
landscape project;
(ii) the strength of the ecological case of
the proposal and the proposed ecological
restoration strategies of the forest landscape
project;
(iii) the strength of the collaborative
process through which the proposal was
developed and the forest landscape project will
be carried out and the likelihood of successful
collaboration throughout implementation of the
forest landscape project;
(iv) whether the proposed forest landscape
project is likely to achieve reductions in
long-term wildfire management costs;
(v) whether the proposed forest landscape
project would reduce the relative costs of
carrying out ecological restoration treatments;
(vi) whether the proposed forest landscape
project would provide energy as a result of the
use of woody biomass and small-diameter trees;
and
(vii) whether an appropriate level of non-
Federal investment would be leveraged in
carrying out the proposed forest landscape
project.
(C) Consultation.--In selecting proposals under
subparagraph (B), the Secretary of Agriculture, in
consultation with the Secretary of the Interior, shall
consult with the Governors of the States that submitted
proposals under subparagraph (A).
(3) Applicability.--The selection of a forest landscape
under this subsection shall not be subject to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
any other applicable law.
(c) Management Activities.--In carrying out a management activity
under a forest landscape project, the Secretary concerned--
(1) shall maximize the retention of old-growth stands and
large trees, as appropriate for the forest type, to the extent
that the trees promote stands that are resilient to wildfire
and increased average temperature;
(2) shall consider the best available scientific
information to maintain or restore the ecological integrity of
the forest landscape; and
(3) shall not establish a permanent road.
(d) Environmental Analysis.--
(1) Application to certain environmental assessments and
environmental impact statements.--This subsection shall apply
in any case in which the Secretary concerned prepares an
environmental assessment or an environmental impact statement
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for a forest landscape
project--
(A) that--
(i) is developed through a collaborative
process; or
(ii) is covered by a community wildfire
protection plan;
(B) the primary purpose of which is--
(i) reducing hazardous fuel loads;
(ii) installing fuel and fire breaks;
(iii) restoring forest health and
resilience;
(iv) protecting a municipal water supply or
a critical communication site;
(v) improving wildlife habitat to meet
management and conservation goals, including
State population goals; or
(vi) a combination of 2 or more of the
purposes described in clauses (i) through (v);
and
(C) that does not include any action that is
inconsistent with the applicable land and resource
management plan.
(2) Consideration of alternatives.--In an environmental
assessment or environmental impact statement described in
paragraph (1), the Secretary concerned shall study, develop,
and describe only the following alternatives:
(A) The forest landscape project, as proposed under
paragraph (1).
(B) A forest management activity or combination of
forest management activities proposed by the relevant
agency.
(C) The alternative of no action.
(3) Elements of no-action alternative.--In the case of the
alternative of no action, the Secretary concerned shall
evaluate the effect of no action only on--
(A) forest health;
(B) wildlife habitat;
(C) wildfire potential;
(D) insect and disease potential;
(E) economic and social factors; and
(F) water quality and quantity.
(4) Exclusions.--This subsection does not apply to--
(A) any component of the National Wilderness
Preservation System;
(B) any congressionally designated wilderness study
area;
(C) any component of the National Wild and Scenic
Rivers System;
(D) any research natural area;
(E) any National Forest System land or public land
on which the removal of vegetation is prohibited by an
Act of Congress or the President;
(F) any land in an inventoried roadless area; or
(G) any designated critical habitat for a federally
listed threatened or endangered species, unless, after
a consultation under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service, determines that the
forest management activity is not likely to destroy or
adversely modify the critical habitat.
(5) Road building.--
(A) Permanent roads.--A forest landscape project
carried out under this section shall not include the
construction of any new, permanent road.
(B) Existing roads.--The Secretary concerned may
carry out necessary maintenance of, repairs to, or
reconstruction of an existing permanent road under a
forest landscape project carried out under this
section.
(C) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed under a
forest landscape project carried out under this section
by not later than 3 years after the date on which the
Secretary concerned determines the road is no longer
needed.
(6) Judicial review in united states district courts.--
(A) Venue.--Notwithstanding section 1391 of title
28, United States Code, or other applicable law, a
forest landscape project for which an environmental
assessment or an environmental impact statement is
prepared under paragraph (2)(A) shall be subject to
judicial review only in--
(i) the United States district court for a
district in which the Federal land to be
treated under the forest landscape project is
located; or
(ii) the United States district court for
the District of Columbia.
(B) Expeditious completion of judicial review.--In
the judicial review of an action challenging a forest
landscape project described in subparagraph (A),
Congress encourages a court of competent jurisdiction
to expedite, to the maximum extent practicable, the
proceedings in the action with the goal of rendering a
final determination on jurisdiction, and, if
jurisdiction exists, a final determination on the
merits, as soon as practicable after the date on which
a complaint or appeal is filed to initiate the action.
(C) Injunctions.--
(i) In general.--Subject to clause (ii),
the length of any preliminary injunctive relief
or stay pending appeal covering a forest
landscape project described in subparagraph (A)
shall not exceed 60 days.
(ii) Renewal.--
(I) In general.--A court of
competent jurisdiction may issue 1 or
more renewals of any preliminary
injunction, or stay pending appeal,
granted under clause (i).
(II) Updates.--In each renewal of
an injunction in an action, the parties
to the action shall present the court
with updated information on the status
of the forest landscape project.
(iii) Requirement for injunction.--A court
shall not enjoin an agency action under a
forest landscape project described in
subparagraph (A) if the court determines that
the plaintiff is unable to demonstrate that the
claim of the plaintiff is likely to succeed on
the merits.
(iv) Balancing of short- and long-term
effects.--As part of weighing the equities
while considering any request for an injunction
that applies to an agency action under a forest
landscape project described in subparagraph
(A), the court reviewing the project shall
balance the impact to the ecosystem likely
affected by the project of--
(I) the short- and long-term
effects of undertaking the agency
action; against
(II) the short- and long-term
effects of not undertaking the agency
action.
(e) Use of Other Authorities.--Each Secretary concerned shall seek
to use existing statutory and administrative authorities, including a
good neighbor agreement entered into under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a), to carry out each forest
landscape project.
(f) Reports.--Not later than the last day of each fiscal year, each
Secretary concerned shall submit a report describing the impacts on
wildfire risk and the environment of forest landscape projects carried
out under this section to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Natural Resources of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(4) the Committee on Agriculture of the House of
Representatives.
(g) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each fiscal year.
(2) Non-federal funding.--Each Secretary concerned shall
seek additional funding to carry out this section from private
and State sources.
SEC. 102. WILDFIRE DETECTION EQUIPMENT.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the
following:
``SEC. 607. WILDFIRE DETECTION EQUIPMENT.
``To the extent practicable, the Secretary of Agriculture and the
Secretary of the Interior shall--
``(1) expedite the placement of wildfire detection
equipment, such as sensors, cameras, and other relevant
equipment, in areas at risk of wildfire;
``(2) expand the use of satellite data to assist wildfire
response; and
``(3) expedite any permitting required by the Secretary of
Agriculture or the Secretary of the Interior for the
installation, maintenance, or removal of wildfire detection
equipment.''.
(b) Technical Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by adding at the end of the items relating to title VI
the following:
``Sec. 607. Wildfire detection equipment.''.
SEC. 103. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Definitions.--In this section:
(1) Habitat of significant value.--The term ``habitat of
significant value'' means a wildlife habitat (as defined in
section 101(a))--
(A) of national, statewide, or regional ecological
importance;
(B) that is identified as a candidate for
protection, fully protected, sensitive, or as a habitat
for a species of special status by a State or Federal
agency; or
(C) that is essential to the movement of resident
or migratory wildlife.
(2) Riparian area.--The term ``riparian area'' means an
area--
(A) that is transitional between terrestrial and
aquatic ecosystems;
(B) that is distinguished by gradients in
biophysical conditions, ecological processes, and
biota;
(C) through which surface and subsurface hydrology
connect bodies of water with adjacent uplands;
(D) that is adjacent to perennial, intermittent,
and ephemeral streams, lakes, or estuarine or marine
shorelines; and
(E) that includes the portions of terrestrial
ecosystems that significantly influence exchanges of
energy and matter with aquatic ecosystems.
(3) Secretary.--The term ``Secretary'' has the meaning
given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511).
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of actions
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).
(c) Forest Management Activities Designated for Categorical
Exclusion.--
(1) In general.--The category of forest management
activities designated under subsection (b) for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary on Federal
land (as defined in section 3 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6502)) the primary purpose
of which is to establish and maintain linear fuel breaks that
are--
(A) up to 1,000 feet in width adjacent to, and
incorporating, existing linear features, such as roads,
trails, transmission lines, and pipelines of any length
on Federal land; and
(B) intended to reduce the risk of wildfire on the
Federal land or an adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (b) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash;
(D) selling of vegetation products, including
timber, firewood, biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) Excluded activities.--A forest management activity
described in paragraph (2) may not be carried out pursuant to
the categorical exclusion established under subsection (b) if
the activity is conducted--
(A) in a wilderness area or wilderness study area;
(B) for the construction of a permanent road or
permanent trail;
(C) on National Forest System land or land managed
by the Bureau of Land Management on which the removal
of vegetation is prohibited or restricted by Congress
or the President; or
(D) in an area in which the activity would--
(i) be inconsistent with the applicable
land and resource management plan;
(ii) have a substantial adverse impact on--
(I) wetlands, as defined in the
United States Fish and Wildlife Service
Manual, part 660 FW 2 (June 21, 1993);
(II) a riparian area; or
(III) a habitat of significant
value; or
(iii) harm--
(I) any species protected by the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) the habitat of a species
described in subclause (I).
(4) Extraordinary circumstances.--The Secretary shall apply
the extraordinary circumstances procedures under section 220.6
of title 36, Code of Federal Regulations (or a successor
regulation), in determining whether to use a categorical
exclusion under subsection (b).
(d) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (b)--
(1) may not contain treatment units in excess of 3,000
acres; and
(2) shall be located primarily in an area described in
section 605(c)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591d(c)(2)).
SEC. 104. EMERGENCY ACTIONS.
(a) Definitions.--In this section:
(1) Emergency action.--The term ``emergency action'' means
an action carried out pursuant to an emergency situation
determination to mitigate the harm to life, property, or
important natural or cultural resources on National Forest
System land or adjacent land.
(2) Emergency situation.--The term ``emergency situation''
means a situation on National Forest System land for which
immediate implementation of a decision is necessary to achieve
1 or more of the following results:
(A) Relief from hazards threatening human health
and safety.
(B) Mitigation of threats to natural resources on
National Forest System land or adjacent land.
(3) Emergency situation determination.--The term
``emergency situation determination'' means a determination
made by the Secretary under subsection (b)(1)(A).
(4) Land and resource management plan.--The term ``land and
resource management plan'' means a plan developed under section
6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(5) National forest system land.--The term ``National
Forest System land'' means land of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Authorized Emergency Actions To Respond to Emergency
Situations.--
(1) Determination.--
(A) In general.--The Secretary may make a
determination that an emergency situation exists with
respect to National Forest System land.
(B) Review.--An emergency situation determination
shall not be subject to objection under the
predecisional administrative review processes under
part 218 of title 36, Code of Federal Regulations (or
successor regulations).
(C) Applicability.--An emergency situation
determination shall not be subject to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or any other applicable law.
(2) Authorized emergency actions.--After making an
emergency situation determination with respect to National
Forest System land, the Secretary may carry out emergency
actions on that National Forest System land, including
through--
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation
harvest of trees to control insects or disease,
including trees already infested with insects or
disease;
(D) the reforestation or replanting of fire-
impacted areas through planting, control of competing
vegetation, or other activities that enhance natural
regeneration and restore forest species;
(E) the removal of hazardous trees in close
proximity to roads and trails;
(F) the reconstruction of existing utility lines;
and
(G) the replacement of underground cables.
(3) Relation to land and resource management plans.--To the
maximum extent practicable, an emergency action carried out
under paragraph (2) shall be conducted consistent with the land
and resource management plan.
(4) Acreage limitations.--A treatment area covered by an
emergency situation determination on which an emergency action
is carried out pursuant to paragraph (2) shall consist of not
more than 10,000 acres of National Forest System land.
(c) Environmental Analysis.--
(1) Environmental assessment or environmental impact
statement.--If the Secretary determines that an emergency
action requires an environmental assessment or an environmental
impact statement pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the
Secretary shall study, develop, and describe--
(A) the proposed agency action; and
(B) the alternative of no action.
(2) Public notice.--The Secretary shall provide notice of
each emergency action that the Secretary determines requires an
environmental assessment or environmental impact statement
under paragraph (1), in accordance with applicable regulations
and administrative guidelines.
(3) Public comment.--The Secretary shall provide an
opportunity for public comment during the preparation of any
environmental assessment or environmental impact statement
under paragraph (1).
(4) Savings clause.--Nothing in this subsection prohibits
the Secretary from making an emergency situation determination,
including a determination that an emergency exists pursuant to
section 220.4(b) of title 36, Code of Federal Regulations (or
successor regulations), that makes it necessary to take an
emergency action before preparing an environmental assessment
or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Administrative Review of Emergency Actions.--An emergency
action carried out under this section shall not be subject to objection
under the predecisional administrative review processes established
under section 105 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6515) and section 428 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C.
6515 note; Public Law 112-74).
(e) Judicial Review of Emergency Actions.--Section 106 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply to
an emergency action carried out under this section.
SEC. 105. NEW INFORMATION IN LAND MANAGEMENT PLANS.
(a) Reinitiation of Consultation; Actions on Federal Land.--
(1) In general.--The Secretary concerned 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)) on a
Federal action described in subsection (b) for new information
affecting the listing of a species as threatened or endangered
or the designation of critical habitat under that Act (16
U.S.C. 1531 et seq.) unless the new information was--
(A) influential scientific information (as defined
in the guidance document prepared by the Office of
Management and Budget entitled ``Final Information
Quality Bulletin for Peer Review'' and dated December
16, 2004);
(B) peer reviewed; and
(C) printed in a publication that is publicly
accessible.
(2) Actions on federal land.--While any consultation
initiated under paragraph (1) is pending, the Secretary
concerned may take an action on Federal land to implement a
land management plan, a resource management plan, or a
regulation relating to Federal land that is the subject of the
new information, if the Secretary concerned complies with
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) regarding that action.
(b) Federal Actions Described.--A Federal action referred to in
subsection (a) is any of the following:
(1) An action on Federal land.
(2) A land management plan or resource management plan.
(c) Irreversible or Irretrievable Commitments.--An action described
in subsection (a)(2) shall not be considered an irreversible or
irretrievable commitment of resources to implement a land management
plan, a resource management plan, or a regulation relating to Federal
land.
(d) Effect of Section.--Nothing in this section affects any
applicable requirement of the Secretary concerned to consult with the
head of any other Federal department or agency--
(1) regarding any project carried out, or proposed to be
carried out, to implement a land management plan or resource
management plan pursuant to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), including any requirement to consult
regarding the consideration of cumulative impacts of completed,
ongoing, and planned projects; or
(2) with respect to--
(A) an amendment or revision to a land management
plan; or
(B) a regulation relating to Federal land.
SEC. 106. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
(1) by inserting ``and wildfire'' after ``windstorm'';
(2) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(3) in subparagraph (A) (as so designated)--
(A) by inserting ``, wildfire,'' after ``extreme
wind''; and
(B) by adding ``and'' after the semicolon at the
end; and
(4) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;''.
TITLE II--BIOMASS
SEC. 201. BIOMASS ENERGY INFRASTRUCTURE PROGRAM.
(a) Definitions.--In this section:
(1) Area of economic need.--The term ``area of economic
need'' has the meaning given the term ``qualified opportunity
zone'' in section 1400Z-1(a) of the Internal Revenue Code of
1986.
(2) Biomass.--The term ``biomass'' means slash, thinnings,
or invasive species from National Forest System land and public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) that--
(A) are byproducts of preventive treatments that
are removed--
(i) to reduce hazardous fuels;
(ii) to reduce or contain disease or insect
infestation; or
(iii) to restore ecosystem health;
(B) are byproducts of wildfire fuel treatments;
(C) would not otherwise be used for higher-value
products; and
(D) are harvested--
(i) in accordance with applicable law and
land management plans;
(ii) in accordance with the requirements
for--
(I) old-growth maintenance,
restoration, and management direction
under paragraphs (2), (3), and (4) of
subsection (e) of section 102 of the
Healthy Forests Restoration Act of 2003
(16 U.S.C. 6512); and
(II) large tree retention under
subsection (f) of that section; and
(iii) in a manner that retains a minimum
quantity of coarse woody debris for habitat,
nutrient recycling, and soil conservation.
(3) Biomass conversion facility.--The term ``biomass
conversion facility'' means a facility that converts or
proposes to convert biomass, including through gasification,
into--
(A) heat;
(B) power;
(C) biobased products;
(D) advanced biofuels; or
(E) any combination of the outputs described in
subparagraphs (A) through (D).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a business;
(B) a limited liability company;
(C) a cooperative or an entity with a business
arrangement similar to a cooperative, as determined by
the Secretary;
(D) a nonprofit organization; and
(E) a public entity.
(5) High hazard zone.--The term ``high hazard zone'' means
an area identified as being at high risk of wildfire--
(A) through the use of a fire hazard mapping tool;
and
(B) by--
(i) the Secretary; and
(ii) the Governor of the State in which the
area is located.
(6) Program.--The term ``program'' means the program
established under subsection (b).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall establish a program to provide grants,
direct loans, and loan guarantees to eligible entities--
(1) to establish a biomass conversion facility;
(2) to expand the infrastructure of a biomass conversion
facility;
(3) to make infrastructure or technological changes to a
biomass conversion facility; or
(4) to remove, harvest, and transport dead or dying trees
and small diameter low-value trees.
(c) Grant Amount.--
(1) In general.--The amount of a grant awarded under the
program shall be based on--
(A) in the case of a grant for an activity
described in paragraphs (1) through (3) of subsection
(b), the number of kilowatt hours of energy generated
by the biomass conversion facility; and
(B) in the case of a grant for an activity
described in paragraph (4) of that subsection, the
contribution of the activity to reducing the risk of
wildfire in high hazard zones.
(2) Maximum payment.--An eligible entity shall not receive
more than $750,000 in grant funds under the program in a single
calendar year.
(d) Priorities.--In awarding a grant, direct loan, or loan
guarantee under the program, the Secretary shall give priority to an
eligible entity that--
(1) seeks to remove dead or dying trees and small diameter
low-value trees;
(2) seeks to locate a biomass conversion facility in--
(A) an area of economic need; or
(B) an area in which there has been a decline in
forest occupation, as determined by the Secretary; or
(3) is a small business, as determined by the Administrator
of the Small Business Administration.
(e) Grant Matching Requirement.--Each eligible entity that receives
a grant under the program shall provide an amount equal to 50 percent
of the amount of the grant to carry out the activities supported by the
grant.
(f) Funding.--There is authorized to be appropriated to the
Secretary $100,000,000 to award grants under the program, to remain
available until expended.
TITLE III--TIMBER EXPORTS
SEC. 301. EXEMPTION TO PROHIBITION ON EXPORT OF UNPROCESSED TIMBER OF
DEAD AND DYING TREES IN THE STATE OF CALIFORNIA.
Section 489 of the Forest Resources Conservation and Shortage
Relief Act of 1990 (16 U.S.C. 620a) is amended--
(1) in subsection (a), by inserting before the period at
the end the following: ``or such timber is exempted under
subsection (c).'';
(2) in subsection (b)(1)--
(A) by striking ``to specific'' and inserting the
following: ``to--
``(A) specific'';
(B) in subparagraph (A) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) unprocessed timber originating from National
Forest System land in the State of California that--
``(i) is included in a hazardous fuels
reduction treatment; and
``(ii) for which there is no current
domestic market.''; and
(3) by adding at the end the following:
``(c) Exemption for Unprocessed Surplus Timber of Dead and Dying
Trees in the State of California.--
``(1) Definitions.--In this subsection:
``(A) Dead.--The term `dead', with respect to a
tree, means that the tree is designated by a registered
professional forester or a designee of the Secretary
concerned as dead.
``(B) Dying.--The term `dying', with respect to a
tree, means that--
``(i)(I) 50 percent or greater of the
foliage-bearing crown of the tree is dead or
fading in color (other than through normal
autumn coloration changes) from a normal green
to a yellow, sorrel, or brown;
``(II) successful bark beetle attacks are
exhibited on the tree, with indications of dead
cambium and brood development distributed
around the circumference of the bole of the
tree; or
``(III) 50 percent or greater of the
circumference of the lower bole of the tree is
girdled by wildlife; or
``(ii) the tree is designated by a
registered professional forester or a designee
of the Secretary concerned as likely to die
within 1 year.
``(C) State.--The term `State' means the State of
California.
``(2) Application of prohibition.--Subject to paragraph
(3), the prohibition under subsection (a) shall not apply to
unprocessed surplus timber originating from a dead or dying
tree on Federal land in the State.
``(3) Determination of surplus species.--
``(A) In general.--Not later than 60 days after the
date of enactment of the Emergency Wildfire and Public
Safety Act of 2020, and each year thereafter, the
Secretary concerned shall issue a list establishing
which species and sizes of trees are considered to be
`surplus' for purposes of paragraph (2).
``(B) Implementation.--Except with respect to the
first list issued under subparagraph (A), the Secretary
concerned shall implement and administer this paragraph
in accordance with--
``(i) the rulemaking and notice and comment
provisions of section 553 of title 5, United
States Code; and
``(ii) chapter 35 of title 44, United
States Code (commonly known as the `Paperwork
Reduction Act').
``(4) Preference for domestic timber processing.--
Notwithstanding the exemption described in paragraph (2), the
Secretary concerned, to the maximum extent practicable, shall
give preference for domestic processing of timber covered by
the exemption.
``(5) Inapplicability of substitution limitations.--Section
490 shall not apply to unprocessed surplus timber exempted
under paragraph (2).
``(6) Reporting requirement.--Not later than March 1, 2023,
the Secretaries concerned shall submit to Congress a report
evaluating the impacts of the exemption described in paragraph
(2) on forest health, domestic timber supply, local processing
capacity, reduction in risk from wildfire, public safety, and
the total quantity of timber exported.
``(7) Termination of effectiveness.--This subsection shall
cease to be effective on the date that is 5 years after the
date of enactment of the Emergency Wildfire and Public Safety
Act of 2020.''.
TITLE IV--OTHER MATTERS
SEC. 401. INNOVATIVE FOREST WORKFORCE DEVELOPMENT PROGRAM.
(a) Definitions.--In this section:
(1) Career in the forest sector.--The term ``career in the
forest sector'' means a career in forestry, including--
(A) in timber operations;
(B) as a registered professional forester;
(C) in vegetation treatment, including as a member
of a hand crew, a machine operator, and in conducting
prescribed fires;
(D) in ecological restoration, including
restoration of watersheds;
(E) in wildland fire fighting; and
(F) in community fire resilience, including
workforce development projects.
(2) Forest sector.--The term ``forest sector'' includes the
areas of forestry described in subparagraphs (A) through (F) of
paragraph (1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Grants Authorized.--The Secretary shall establish a competitive
grant program--
(1) to assist in the development and utilization of
innovative activities relating to workforce development in the
forest sector and opportunities for careers in the forest
sector; and
(2) to expand public awareness about the forest sector and
connect individuals to careers in the forest sector.
(c) Selection of Grant Recipients.--In awarding grants under
subsection (b), the Secretary shall, to the extent practicable, select
nonprofit professional or service organizations, labor organizations,
State agencies, community colleges, institutions of higher education,
or other training and educational institutions--
(1) that have qualifications and experience--
(A) in the development of training programs and
curricula relevant to the workforce needs of the forest
sector;
(B) working in cooperation with the forest sector;
or
(C) developing public education materials
appropriate for communicating with groups of various
ages and educational backgrounds; and
(2) that will address the human resources and workforce
needs of the forest sector.
(d) Use of Funds.--Grants awarded under subsection (b) may be used
for activities such as--
(1) targeted internship, apprenticeship, pre-
apprenticeship, and post-secondary bridge programs for skilled
forest sector trades that provide--
(A) on-the-job training;
(B) skills development;
(C) test preparation for skilled trade
apprenticeships;
(D) advance training in the forest sector relating
to jobs as forest restorationists, members of hand
crews, wildland fire fighters, machine operators,
licensed timber operators, registered professional
foresters, ecologists, biologists, or workers in
construction in support of resilient infrastructure,
including residential buildings; or
(E) other support services to facilitate post-
secondary success;
(2) education programs designed for elementary, secondary,
and higher education students that--
(A) inform people about the role of forestry,
vegetation management, and ecological restoration in
the communities of those people;
(B) increase the awareness of opportunities for
careers in the forest sector and exposure of students
to those careers through various work-based learning
opportunities inside and outside the classroom; and
(C) connect students to pathways to careers in the
forest sector;
(3) the development of a model curriculum and related
vocational programs to be adopted by community colleges, which,
to the extent practicable and feasible, shall--
(A) provide professional training in implementing
prescribed fire projects, including the knowledge and
skills necessary to plan and implement broad-scale
surface and ladder fuel treatments within the wildland-
urban interface, wildlands, and urbanized areas, as
appropriate;
(B) include a focus on the ecological concerns,
economics, and practices necessary to improve community
safety and forest resilience; and
(C) train students in--
(i) the retrofitting of houses, including
the use of fire-resistant materials and the
maintenance of defensible space;
(ii) urban forestry; and
(iii) policies or guidance relating to the
management of vegetation near utility
infrastructure and relevant portions of
electric utility wildfire mitigation plans;
(4) regional industry and workforce development
collaborations, including the coordination of candidate
development, particularly in areas of high unemployment;
(5) integrated learning laboratories in secondary
educational institutions that provide students with--
(A) hands-on, contextualized learning
opportunities;
(B) dual enrollment credit for post-secondary
education and training programs; and
(C) direct connection to industry or government
employers; and
(6) leadership development, occupational training,
mentoring, or cross-training programs that ensure that workers
are prepared for high-level supervisory or management-level
positions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary.
SEC. 402. WESTERN PRESCRIBED FIRE CENTER.
(a) In General.--The Secretary of Agriculture and the Secretary of
the Interior (referred to in this section as the ``Secretaries'') shall
establish a center to train individuals in prescribed fire methods and
other methods relevant to the mitigation of wildfire risk (referred to
in this section as the ``center'').
(b) Location.--
(1) In general.--The center shall be located in any State
the entirety of which is located west of the 100th meridian.
(2) Consultation.--The Secretaries shall consult with the
Joint Fire Science Program to solicit and evaluate proposals
for the location of the center.
(3) Selection.--Not later than 1 year after the date of
enactment of this Act, based on the consultation under
paragraph (2), the Secretaries shall select a location for the
center.
SEC. 403. RETROFITS FOR FIRE-RESILIENT COMMUNITIES.
(a) Definition of Weatherization Materials.--Section 412(9) of the
Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) materials that are resistant to high heat and
fire; and''.
(b) Weatherization Program.--
(1) In general.--Section 413(b)(5) of the Energy
Conservation and Production Act (42 U.S.C. 6863(b)(5)) is
amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) owners of such dwelling units shall use fire-
and drought-resistant building materials and
incorporate wildfire and drought prevention and
mitigation planning, as directed by the State.''.
(2) Limitations.--Section 415(c) of the Energy Conservation
and Production Act (42 U.S.C. 6865(c)) is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A)
through (E) as clauses (i) through (v),
respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as
so redesignated), in the second sentence, by
striking ``Labor'' and all that follows through
``to--'' and inserting the following:
``(B) Labor and weatherization materials.--Labor,
weatherization materials, and related matter described
in subparagraph (A) includes--'';
(iii) by striking ``(c)(1) Except'' and
inserting the following:
``(c) Financial Assistance.--
``(1) Average cost.--
``(A) In general.--Except'';
(iv) in subparagraph (A) (as so
designated)--
(I) by striking ``exceed an average
of $6,500'' and inserting the
following: ``exceed--
``(i) an average of $13,000 (adjusted
annually for inflation)'';
(II) in clause (i) (as so
designated), by striking the period at
the end and inserting ``; or''; and
(III) by adding at the end the
following:
``(ii) another average amount that is
greater than the amount described in clause
(i), if the Secretary determines it necessary
to waive or adjust the average amount
established under that clause.''; and
(v) in subparagraph (B) (as so
designated)--
(I) in clause (iv) (as so
redesignated), by striking ``, and''
and inserting ``; and''; and
(II) in clause (v) (as so
redesignated), by adding a period at
the end; and
(B) in paragraph (4), by striking ``$3,000'' and
inserting ``$6,000 (adjusted annually for inflation)''.
SEC. 404. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.
(a) Definitions.--In this section:
(1) Critical facility.--
(A) In general.--The term ``critical facility''
means a facility that provides services or may be
used--
(i) to save lives;
(ii) to protect property, public health,
and public safety; or
(iii) to lessen or avert the threat of a
catastrophe.
(B) Inclusions.--The term ``critical facility''
includes--
(i) a hospital;
(ii) an outpatient clinic;
(iii) a nursing home;
(iv) a police station;
(v) an emergency operation center;
(vi) a jail or prison;
(vii) a fire station;
(viii) a facility in the communications
sector, as determined by the Secretary;
(ix) a facility in the chemical sector, as
determined by the Secretary;
(x) a school or other large building that
may serve as a temporary gathering space;
(xi) a utility station, such as a water and
wastewater station; and
(xii) any facility described in
subparagraph (A) that is owned or operated by,
or provides services to, an Indian tribe (as
defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Critical Infrastructure and Microgrid Program.--The Secretary
shall use the funds made available under subsection (d)--
(1) to improve the energy resilience and power needs of
critical facilities through the use of microgrids, renewable
energy, energy efficiency, and on-site storage; and
(2) to improve the energy efficiency of critical facilities
by decreasing the size and cost of generators.
(c) Use of Funds.--In carrying out subsection (b), the Secretary
shall ensure that the funds made available under subsection (d) shall
be used for, with respect to critical facilities--
(1) provision of on-site back-up power with renewable and
low-carbon liquid fuels; and
(2) installation, at the transmission and distribution
level, of interoperable technologies, advanced power flow
control, dynamic line rating, topology optimization, and
communications systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $100,000,000 to carry out this section,
to remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
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Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy and Commerce, and Foreign Affairs, 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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Water, Oceans, and Wildlife.