Save Our Sequoias Act
This bill provides for the conservation of giant sequoia trees (Sequoiadendron giganteum) in California, including by
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4833 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4833
To improve the health and resiliency of giant sequoias, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2022
Mrs. Feinstein (for herself and Mr. Padilla) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To improve the health and resiliency of giant sequoias, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Save Our Sequoias
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Shared stewardship agreement for giant sequoias.
Sec. 4. Giant Sequoia Lands Coalition.
Sec. 5. Giant Sequoia Health and Resiliency Assessment.
Sec. 6. Giant sequoia emergency response.
Sec. 7. Fuels reduction in vulnerable habitat.
Sec. 8. Projects in insect- or disease-affected treatment areas.
Sec. 9. Giant Sequoia Reforestation and Rehabilitation Strategy.
Sec. 10. Giant Sequoia Strike Teams.
Sec. 11. Giant sequoia collaborative restoration grants.
Sec. 12. Good neighbor authority for giant sequoias.
Sec. 13. Stewardship contracting for giant sequoias.
Sec. 14. Giant Sequoia Emergency Protection Program and Fund.
Sec. 15. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``Assessment'' means the Giant
Sequoia Health and Resiliency Assessment required by section 5.
(2) Coalition.--The term ``Coalition'' means the Giant
Sequoia Lands Coalition established under section 4.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of covered
National Forest System lands or covered public lands by which a
project or forest management activity is developed and
implemented by the Secretary concerned through collaboration
with multiple interested persons representing diverse
interests.
(4) Covered national forest system lands.--The term
``covered National Forest System lands'' means the proclaimed
National Forest System lands reserved or withdrawn from the
public domain of the United States covering the Sequoia
National Forest and Giant Sequoia National Monument, Sierra
National Forest, and Tahoe National Forest.
(5) Covered public lands.--The term ``covered public
lands'' means--
(A) the Case Mountain Extensive Recreation
Management Area in California managed by the Bureau of
Land Management; and
(B) Kings Canyon National Park, Sequoia National
Park, and Yosemite National Park in California managed
by the National Park Service.
(6) Giant sequoia.--The term ``giant sequoia'' means a tree
of the species Sequoiadendron giganteum.
(7) Grove-specific hazardous fuels reduction plan.--The
term ``grove-specific hazardous fuels reduction plan'' means a
plan developed by the applicable land management agency prior
to conducting an analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to address
hazardous fuels in 1 or more giant sequoia groves.
(8) Protection project.--The term ``Protection Project''
means a project to carry out forest management activities that
are intended to benefit giant sequoias, including--
(A) activities recommended by the Assessment;
(B) conducting hazardous fuels management,
including mechanical thinning, mastication, and
prescribed burning;
(C) removing hazard trees, as determined by the
responsible official;
(D) removing trees to address overstocking or
crowding in a forest stand, consistent with the
appropriate basal area of the forest stand as
determined by the responsible official;
(E) activities included in the applicable grove-
specific hazardous fuels reduction plan;
(F) using treatments to address insects and disease
and control competing vegetation; and
(G) any combination of activities described in
subparagraphs (A) through (F).
(9) Reforestation.--The term ``reforestation'' means the
act of renewing tree cover, taking into consideration species
composition and resilience, by establishing young trees
through--
(A) natural regeneration;
(B) natural regeneration with--
(i) site preparation;
(ii) vegetation competition control; or
(iii) both; or
(C) planting or direct seeding.
(10) Rehabilitation.--The term ``rehabilitation'' means any
action taken during the 5-year period beginning on the date on
which a wildland fire is contained to repair or improve fire-
impacted lands which are unlikely to recover to management-
approved conditions.
(11) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the Committee on Energy and Natural Resources,
the Committee on Agriculture, Nutrition, and Forestry,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Natural Resources, the
Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives.
(12) Responsible official.--The term ``responsible
official'' means an employee of the Department of the Interior
or the Forest Service who has the authority to make and
implement a decision on a proposed action.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
covered National Forest System lands, or their
designee; and
(B) the Secretary of the Interior, with respect to
covered public lands, or their designee.
(15) Strategy.--The term ``Strategy'' means the Giant
Sequoia Reforestation and Rehabilitation Strategy established
under section 9.
(16) Strike team.--The term ``Strike Team'' means a Giant
Sequoia Strike Team established under section 10.
(17) Tribe.--The term ``Tribe'' means--
(A) the Tule River Indian Tribe; and
(B) any other Tribal government the jurisdictional
boundaries of which encompass at least 1 giant sequoia
grove.
(18) Tule river indian tribe.--The term ``Tule River Indian
Tribe'' means the Tule River Indian Tribe of the Tule River
Reservation, California.
SEC. 3. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
(a) In General.--Not later than 90 days after receiving a request
from the Governor of the State of California or a Tribe, the Secretary
shall enter into an agreement with the Secretary of Agriculture and the
Governor or Tribe, as applicable, that submitted the request, to
jointly carry out the following:
(1) Not later than 30 days after entering into the
agreement, establish the Giant Sequoia Lands Coalition or
certify an existing group meeting the requirements of section
4(b) as the Giant Sequoia Lands Coalition.
(2) Not later than 120 days after the Giant Sequoia Lands
Coalition submits the Assessment under section 5, conduct
Protection Projects under section 6.
(3) Not later than 120 days after entering into the
agreement, begin developing and implementing reforestation and
rehabilitation of giant sequoias, with priority given to
actions described in the Strategy.
(b) No Request Submitted.--If the Secretary has not received a
request from the Governor of the State of California or a Tribe under
subsection (a) before the date that is 90 days after the date of
enactment of this Act, the Secretary shall enter into the agreement
under subsection (a) and jointly implement such agreement with the
Secretary of Agriculture.
(c) Future Participation.--If the Secretary receives a request from
the Governor of the State of California or a Tribe any time after
entering into the agreement under subsection (a) or (b), the Secretary
shall accept the Governor or Tribe, as applicable, that submitted the
request as a party to such agreement.
SEC. 4. GIANT SEQUOIA LANDS COALITION.
(a) Establishment.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(1), the Secretary and the
Secretary of Agriculture, in consultation with the other
parties to such agreement, shall jointly establish, and appoint
members to, the Giant Sequoia Lands Coalition.
(2) Existing coalition.--A previously established group
that meets the membership requirements under subsection (b) may
be designated by the Secretary and the Secretary of Agriculture
as the Coalition under paragraph (1) if the parties to the
agreement established under section 3 approve such designation.
(b) Membership.--
(1) Members.--The Secretary and the Secretary of
Agriculture shall jointly appoint to the Coalition 1 member
from each of--
(A) the National Park Service, representing Sequoia
and Kings Canyon National Parks;
(B) the National Park Service, representing
Yosemite National Park;
(C) the Forest Service, representing Sequoia
National Forest and Giant Sequoia National Monument;
(D) the Forest Service, representing Sierra
National Forest;
(E) the Forest Service, representing Tahoe National
Forest;
(F) the Bureau of Land Management, representing
Case Mountain Extensive Recreation Management Area;
(G) the Tule River Indian Tribe, representing the
Black Mountain Grove;
(H) the State of California, representing Calaveras
Big Trees State Park;
(I) the State of California, representing Mountain
Home Demonstration State Forest;
(J) an academic institution with demonstrated
experience managing and owning a giant sequoia grove,
representing Whitaker's Research Forest; and
(K) the County of Tulare, California, representing
Balch Park.
(2) Affiliate partners.--The Coalition may designate
organizations or agencies with demonstrated experience and
knowledge on giant sequoia management and resiliency as
affiliate partners of the Coalition to enhance the work of the
Coalition under subsection (c).
(3) Local government participation.--Upon the written
request of a local government in California whose
jurisdictional boundaries encompass at least 1 giant sequoia
grove, or the governing body of a Tribe other than the Tule
River Indian Tribe, the Secretary shall appoint 1 member from
such government or governing body to serve as a member of the
Coalition, subject to the same requirements outlined in this
section.
(4) Term.--
(A) Length.--The term of an appointment as a member
of the Coalition shall be 5 years.
(B) Limit.--Members of the Coalition may serve no
more than 2 terms.
(5) Vacancy.--The Secretary and the Secretary of
Agriculture shall jointly appoint a new member to fill a
vacancy on the Coalition not later than 6 months after the date
on which such vacancy occurs.
(6) Decisions.--Decisions of the Coalition shall be made by
majority vote, a quorum of \1/2\ the total members of the
Coalition being present.
(7) Meetings.--
(A) In general.--Not later than 60 days after all
members of the Coalition are appointed under subsection
(a), the Coalition shall hold its first meeting.
(B) Regular meetings.--The Coalition shall meet not
less than twice per year.
(8) Priority.--The Secretary concerned shall appoint
members under paragraph (1) who have a demonstrated experience
and knowledge on managing giant sequoia groves.
(c) Duties.--The duties of the Coalition are to--
(1) prepare the Assessment under section 5;
(2) observe implementation, and provide policy
recommendations to the Secretary concerned, with respect to--
(A) Protection Projects carried out under section
6; and
(B) the Strategy established under section 9;
(3) facilitate collaboration and coordination on Protection
Projects, particularly projects that cross jurisdictional
boundaries;
(4) facilitate information sharing, including best
available science as described in section 5(d) and mapping
resources; and
(5) support the development and dissemination of
educational materials and programs that inform the public about
the threats to the health and resiliency of giant sequoia
groves and actions being taken to reduce the risk to such
groves from high-severity wildfire, insects, and drought.
(d) Pay and Expenses.--
(1) Compensation.--
(A) Federal employee members.--All members of the
Coalition who are officers or employees of the United
States shall serve without compensation in addition to
that received for their services as officers or
employees of the United States.
(B) Non-federal employee members.--All members of
the Coalition not described in subparagraph (A) shall
serve without compensation.
(2) Reimbursement.--A member of the Coalition may be
reimbursed for travel and lodging expenses incurred while
attending a meeting of the Coalition or any other meeting of
members approved for reimbursement by the Coalition in the same
amounts and under the same conditions as Federal employees
under section 5703 of title 5, United States Code.
(3) Expenses.--The Secretary concerned may pay the expenses
of the Coalition that such Secretary concerned determines to be
reasonable and appropriate.
(4) Administrative support, technical services, and staff
support.--The Secretary concerned shall make personnel of the
Department of the Interior or the Department of Agriculture, as
applicable, available to the Coalition for administrative
support, technical services, development and dissemination of
educational materials, and staff support that such Secretary
concerned determines necessary to carry out this section.
(e) Federal Advisory Committee Act.--
(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Coalition, except that the
Coalition shall terminate on the date that is 10 years after
the date of enactment of this Act.
(2) Renewal.--Prior to the termination of the Coalition
under paragraph (1), the Coalition may be renewed in accordance
with subsections (b) and (c) of section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 5. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
(a) In General.--Not later than 180 days after the first meeting of
the Coalition, the Coalition shall submit to the relevant congressional
committees a Giant Sequoia Health and Resiliency Assessment that, based
on the best available science--
(1) identifies--
(A) each giant sequoia grove that has experienced
a--
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have
living giant sequoias within the grove,
including identifying the tree mortality and
regeneration of giant sequoias within such
grove;
(B) each giant sequoia grove that is at high risk
of experiencing a stand-replacing disturbance;
(C) lands located within 1 mile of giant sequoia
groves that are at risk of experiencing high-severity
wildfires that could adversely impact such giant
sequoia groves; and
(D) each giant sequoia grove that has experienced a
disturbance and is unlikely to naturally regenerate and
is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to
threats, such as--
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) with respect to Protection Projects, proposes a list of
highest priority Protection Projects, giving priority to
projects located on lands identified under subparagraphs (B)
and (C) of paragraph (1);
(4) examines how historical, Tribal, and current approaches
to wildland fire suppression and forest management activities
across various jurisdictions have impacted the health and
resiliency of giant sequoia groves with respect to--
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(5) includes program and policy recommendations that
address--
(A) Federal and State policies that impede
activities to improve the health and resiliency of
giant sequoias and proposed policy changes to address
such impediments;
(B) new Federal and State policies necessary to
increase the pace and scale of treatments that improve
the health and resiliency of giant sequoias;
(C) options to enhance communication, coordination,
and collaboration, particularly for cross-boundary
projects, to improve the health and resiliency of giant
sequoias;
(D) research gaps that should be addressed to
improve the best available science on the giant
sequoias; and
(E) options and best practices for conducting
Protection Projects without causing the incidental
taking of threatened or endangered species.
(b) Annual Updates.--Not later than 1 year after the submission of
the Assessment under subsection (a), and annually thereafter, the
Coalition shall submit an updated Assessment to the relevant
congressional committees that--
(1) includes any new data, information, or best available
science that has changed or become available since the previous
Assessment was submitted;
(2) with respect to Protection Projects--
(A) includes information on the number of
Protection Projects initiated the previous year and the
estimated timeline for completing those projects;
(B) includes information on the number of
Protection Projects planned in the upcoming year and
the estimated timeline for completing those projects;
(C) provides status updates and long-term
monitoring reports on giant sequoia groves after the
completion of Protection Projects, including comparing
the efficacy of those Protection Projects;
(D) if either Secretary concerned failed to
initiate at least 1 Protection Project in the previous
year, a written explanation that includes--
(i) a detailed explanation of what
impediments resulted in failing to initiate at
least 1 Protection Project;
(ii) a detailed explanation of what actions
the Secretary concerned is taking to ensure
that at least 1 Protection Project is initiated
the following year; and
(iii) recommendations to Congress on any
policies that need to be changed to assist the
Secretary concerned in initiating Protection
Projects; and
(3) with respect to reforestation and rehabilitation of
giant sequoias--
(A) contains updates on the implementation of the
Strategy under section 9, including grove-level data on
reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports
on giant sequoia groves that have experienced natural
or artificial regeneration as part of the Strategy
under section 9.
(c) Dashboard.--
(1) Requirement to maintain.--The Coalition shall create
and maintain a website that--
(A) publishes the Assessment, annual updates to the
Assessment, and other educational materials developed
by the Coalition;
(B) contains searchable information about
individual giant sequoia groves, including the--
(i) resiliency of such groves to threats
described in paragraphs (1) and (2) of
subsection (a);
(ii) Protection Projects that have been
proposed, initiated, or completed in such
groves; and
(iii) reforestation and rehabilitation
activities that have been proposed, initiated,
or completed in such groves; and
(C) maintains a searchable database to track--
(i) the status of Federal environmental
reviews and authorizations for specific
Protection Projects and reforestation and
rehabilitation activities; and
(ii) the projected cost of Protection
Projects and reforestation and rehabilitation
activities.
(2) Searchable database.--The Coalition shall include
information on the status of Protection Projects in the
searchable database created under paragraph (1)(C), including--
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead
agency, cooperating agency, and participating agency
with the permitting timetable;
(C) any modifications of the permitting timetable
required under subparagraph (A), including an
explanation as to why the permitting timetable was
modified; and
(D) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant
language of the community or communities most affected
by the project, as that information becomes available.
(d) Best Available Science.--In utilizing the best available
science for the Assessment, the Coalition shall include--
(1) data and peer-reviewed research from academic
institutions with a demonstrated history of studying giant
sequoias and with experience analyzing distinct management
strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from each Tribe
related to improving the health and resiliency of giant sequoia
groves; and
(3) data from Federal, State, and Tribal governments or
agencies.
(e) Technology Improvements.--In carrying out this section, the
Secretary concerned may enter into memorandums of understanding or
agreements with other Federal agencies or departments, State or local
governments, Tribal governments, private entities, or academic
institutions to improve, with respect to the Assessment, the use and
integration of--
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary concerned determines
will benefit the quality of information used in the Assessment.
(f) Planning.--The Coalition shall make information from this
Assessment available to the Secretary concerned and the State of
California to integrate into--
(1) the State of California's Wildfire and Forest
Resilience Action Plan; and
(2) the Forest Service's 10-year Wildfire Crisis Strategy
(or successor plan).
SEC. 6. GIANT SEQUOIA EMERGENCY RESPONSE.
(a) In General.--
(1) Emergency determination.--Congress determines that--
(A) an emergency exists on covered public lands and
covered National Forest System lands that makes it
necessary to carry out Protection Projects that take
needed actions to respond to the threat of wildfires,
insects, and drought to giant sequoias; and
(B) Protection Projects are necessary to control
the immediate impacts of the emergency described in
subparagraph (A) and to mitigate harm to life,
property, or important natural or cultural resources on
covered public lands and covered National Forest System
lands.
(2) Application.--The emergency determination established
under paragraph (1)(A) shall apply to all covered public lands
and covered National Forest System lands.
(3) Effect.--The emergency determination established under
paragraph (1)(A) shall go into effect on the date the Coalition
submits the Assessment.
(4) Expiration.--The emergency determination established
under paragraph (1)(A) shall expire on the earlier of--
(A) the date that is 10 years after the effective
date of that emergency determination; and
(B) the date on which the Secretary and the
Secretary of Agriculture jointly--
(i) determine that such an emergency no
longer exists;
(ii) certify that at least 90 percent of
giant sequoia groves are not under the threat
of stand-replacing wildfire; and
(iii) submit the determination and
certification described in clauses (i) and
(ii), respectively, to the relevant
congressional committees.
(b) Implementation.--While the emergency determination established
under subsection (a) is in effect--
(1) a responsible official may carry out a Protection
Project described in subsection (c) in accordance with--
(A) section 220.4(b) of title 36, Code of Federal
Regulations (or a successor regulation);
(B) section 800.12 of title 36, Code of Federal
Regulations (or a successor regulation);
(C) section 1506.12 of title 40, Code of Federal
Regulations (or a successor regulation); and
(D) section 46.150 of title 43, Code of Federal
Regulations (or a successor regulation); and
(2) the informal consultation requirements under sections
402.05 of title 50 and 800.12 of title 36, Code of Federal
Regulations (or successor regulations), shall apply to
Protection Projects.
(c) Requirements.--A Protection Project referred to in subsection
(b)(1) is a Protection Project or reforestation or rehabilitation
activity that--
(1) covers an area of not more than--
(A) 2,000 acres within giant sequoia groves where a
grove-specific hazardous fuels reduction plan has been
developed by the relevant land management agency or on
lands identified under section 5(a)(1)(B); and
(B) 3,000 acres on lands identified under section
5(a)(1)(C);
(2) was--
(A) proposed by the Assessment under section
5(a)(3);
(B) developed through a collaborative process; or
(C) proposed by a resource advisory committee (as
defined in section 201 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7121));
(3) as practicable, incorporates prescribed fire as a
component of the grove-specific hazardous fuels reduction plan;
and
(4) occurs on Federal land or non-Federal land with the
consent of the non-Federal landowner.
(d) Use of Other Authorities.--To the maximum extent practicable,
the Secretary concerned shall use the authorities provided under this
section in combination with other authorities to carry out Protection
Projects, including--
(1) good neighbor agreements entered into under section
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
(2) stewardship contracting projects entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c).
(e) Savings Clause.--With respect to joint Protection Projects and
reforestation and rehabilitation activities involving a Tribe, nothing
in this section shall be construed to add any additional regulatory
requirements onto the Tribe.
SEC. 7. FUELS REDUCTION IN VULNERABLE HABITAT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fire regimes in giant sequoia groves are dominated by
fire regime I and fire regime III (as defined in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));
(2) fire regime IV (as defined in that section) occurs
incidentally within or adjacent to giant sequoia groves; and
(3) to ensure that the restoration of giant sequoia groves
meets forest health and wildfire resiliency goals, ecological
restoration of ecosystem types that are fire regime IV (as so
defined) should be considered for Protection Projects.
(b) Definition of Fire Regime IV.--Section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended--
(1) by redesignating paragraphs (11) through (16) as
paragraphs (12) through (17), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Fire regime iv.--The term `fire regime IV' means an
area in which historically there are stand replacement severity
fires with a frequency of more than 35 and less than 200
years.''.
(c) Restoration in Fire Regime IV.--
(1) Authorized hazardous fuel reduction projects.--Section
102(a)(3) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6512(a)(3)) is amended by striking ``or fire regime
III'' and inserting ``fire regime III, or fire regime IV''.
(2) Administrative review.--Section 603(c) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended
by striking paragraph (2) and inserting the following:
``(2) Location.--
``(A) In general.--A project under this section
shall be located in an area that is--
``(i) in the wildland-urban interface; or
``(ii)(I) outside the wildland-urban
interface;
``(II) in condition class 2 or condition
class 3; and
``(III) in fire regime I, fire regime II,
fire regime III, or fire regime IV (subject to
the condition that not more than 30 percent of
the area may be in fire regime IV).
``(B) Definitions.--In this paragraph, the terms
`condition class 2', `condition class 3', `fire regime
I', `fire regime II', `fire regime III', `fire regime
IV', and `wildland-urban interface' have the meanings
given those terms in section 101.''.
(3) Wildfire resilience projects.--Section 605(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is
amended by striking paragraph (2) and inserting the following:
``(2) Location.--
``(A) In general.--A project under this section
shall be--
``(i) prioritized within the wildland-urban
interface;
``(ii) if located outside the wildland-
urban interface, located in an area--
``(I) in condition class 2 or
condition class 3;
``(II) in fire regime I, fire
regime II, fire regime III, or fire
regime IV (subject to the condition
that not more than 30 percent of the
area may be in fire regime IV); and
``(III) that contains a very high
wildfire hazard potential; and
``(iii) limited to areas designated under
section 602(b) as of the date of enactment of
this Act.
``(B) Definitions.--In this paragraph, the terms
`condition class 2', `condition class 3', `fire regime
I', `fire regime II', `fire regime III', `fire regime
IV', and `wildland-urban interface' have the meanings
given those terms in section 101.''.
(4) Establishment of fuel breaks in forests and other
wildland vegetation.--Section 40806(d) of the Infrastructure
Investment and Jobs Act (16 U.S.C. 6592b(d)) is amended--
(A) in paragraph (2)--
(i) by striking subparagraph (B) and
inserting the following:
``(ii) if located outside the wildland-
urban interface or a public drinking water
source area, an area--
``(I) in condition class 2 or
condition class 3;
``(II) in fire regime I, fire
regime II, fire regime III, or fire
regime IV (subject to the condition
that not more than 30 percent of the
area may be in fire regime IV); and
``(III) that contains a very high
wildfire hazard potential; or''; and
(ii) by redesignating subparagraphs (A) and
(C) as clauses (i) and (iii), respectively, and
indenting appropriately;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately;
(C) by striking ``Treatments'' in the matter
preceding subparagraph (A) (as so designated) and
inserting the following:
``(1) In general.--Treatments''; and
(D) by adding at the end the following:
``(2) Definitions.--In this subsection, the terms
`condition class 2', `condition class 3', `fire regime I',
`fire regime II', `fire regime III', `fire regime IV', and
`wildland-urban interface' have the meanings given those terms
in section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511).''.
SEC. 8. PROJECTS IN INSECT- OR DISEASE-AFFECTED TREATMENT AREAS.
(a) Designation of Treatment Areas.--Section 602 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking the subsection designation and
heading and all that follows through ``In this section,
the term'' in the matter preceding subparagraph (A) (as
so redesignated) and inserting the following:
``(a) Definitions.--In this section and section 603:
``(1) Declining forest health.--The term''; and
(C) by adding at the end the following:
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
land of the National Forest System described in section
3(1)(A); and
``(B) the Secretary of the Interior, with respect
to covered public lands (as defined in section 2 of the
Save Our Sequoias Act).'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``of
Agriculture'' after ``Secretary''; and
(B) in paragraph (2), by inserting ``concerned''
after ``Secretary'';
(3) in subsection (c)(1), by inserting ``of Agriculture or
the Secretary of the Interior'' after ``Secretary'';
(4) in subsection (d)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Secretary may carry out
priority projects on Federal land'' and inserting
``Secretary concerned may carry out priority projects
on land described in subparagraphs (A) and (B) of
subsection (a)(2)'';
(B) by redesignating paragraph (4) as paragraph
(5);
(C) by inserting after paragraph (3) the following:
``(4) References.--For purposes of this subsection, any
reference contained in section 101(2), subsection (b), (c), or
(d) of section 102, or section 104, 105, or 106 to `Federal
land' shall be considered to be a reference to land described
in subparagraphs (A) and (B) of subsection (a)(2).''; and
(D) in paragraph (5) (as so redesignated), by
inserting ``concerned'' after ``Secretary'' each place
it appears; and
(5) in subsection (e), by inserting ``concerned'' after
``Secretary''.
(b) Administrative Review.--Section 603 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591b) is amended--
(1) by inserting ``concerned'' after ``Secretary'' each
place it appears;
(2) in subsection (d)--
(A) in paragraph (2), by striking ``Federal land''
and inserting ``land described in subparagraph (A) or
(B) of section 602(a)(2)''; and
(B) in paragraph (4), by inserting ``or land use
plan'' before the period at the end;
(3) in subsection (e), by inserting ``, or the land use
plan established under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712) for the unit of
public lands,'' after ``National Forest System''; and
(4) in subsection (g)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) the Committee on Energy and Natural Resources
of the Senate.''.
SEC. 9. GIANT SEQUOIA REFORESTATION AND REHABILITATION STRATEGY.
(a) Reforestation and Rehabilitation Strategy.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(3), the Secretary and the
Secretary of Agriculture, in consultation with the other
parties to such agreement, shall jointly develop and implement
a strategy, to be known as the ``Giant Sequoia Reforestation
and Rehabilitation Strategy'', to enhance the reforestation and
rehabilitation of giant sequoia groves that--
(A) identifies giant sequoia groves in need of
natural or artificial regeneration, giving highest
priority to groves identified under section
5(a)(1)(A)(i);
(B) creates a priority list of reforestation and
rehabilitation activities;
(C) identifies and addresses--
(i) barriers to reforestation or
rehabilitation including--
(I) regulatory barriers;
(II) seedling shortages or related
nursery infrastructure capacity
constraints;
(III) labor and workforce
shortages;
(IV) technology and science gaps;
and
(V) site preparation challenges;
(ii) potential public-private partnership
opportunities to complete high-priority
reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog
of reforestation for giant sequoias in the 10-
year period after the agreement is entered into
under section 3; and
(iv) strategies to ensure genetic diversity
across giant sequoia groves; and
(D) includes program and policy recommendations
needed to improve the efficiency or effectiveness of
the Strategy.
(2) Assessment.--The Secretary may incorporate the Strategy
into the Assessment under section 5.
(b) Priority Reforestation Projects Amendment.--Section
3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended--
(1) in item (bb), by striking ``and'';
(2) in item (cc), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(dd) shall include
reforestation and
rehabilitation activities
conducted under section 9 of
the Save Our Sequoias Act.''.
SEC. 10. GIANT SEQUOIA STRIKE TEAMS.
(a) Establishment.--Each Secretary concerned shall establish a
Giant Sequoia Strike Team to assist the Secretary concerned with the
implementation of--
(1) primarily, section 6; and
(2) secondarily, section 9.
(b) Duties.--Each Strike Team shall--
(1) assist the Secretary concerned with any reviews,
including analysis under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), consultations under division
A of subtitle III of title 54, United States Code, and
consultations under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(2) implement any necessary site preparation work in
advance of or as part of a Protection Project or reforestation
or rehabilitation activity;
(3) implement Protection Projects under section 6; and
(4) implement reforestation or rehabilitation activities
under section 9.
(c) Members.--The Secretary concerned may appoint not more than 10
individuals each to serve on a Strike Team comprised of--
(1) employees of the Department of the Interior;
(2) employees of the Forest Service;
(3) private contractors from any nonprofit organization,
State government, Tribal government, local government, academic
institution, or private organization; and
(4) volunteers from any nonprofit organization, State
government, Tribal government, local government, academic
institution, or private organization.
SEC. 11. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
(a) In General.--The Secretary, in consultation with the other
parties to the agreement under section 3, shall establish a program to
award grants to eligible entities to advance, facilitate, or improve
giant sequoia health and resiliency.
(b) Eligible Entity.--The Secretary may award grants under this
section to any nonprofit organization, Tribal government, local
government, academic institution, or private organization to help
advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) primarily, are likely to have the greatest impact on
giant sequoia health and resiliency; and
(2) secondarily--
(A) are small businesses or Tribal entities,
particularly in rural areas; and
(B) create or support jobs, particularly in rural
areas.
(d) Use of Grant Funds.--Funds from grants awarded under this
section shall be used to--
(1) create, expand, or develop markets for hazardous fuels
removed under section 6;
(2) facilitate hazardous fuel removal under section 6,
including by reducing the cost of transporting hazardous fuels
removed as part of a Protection Project;
(3) expand, enhance, develop, or create permanent or
temporary facilities or land that can store or process
hazardous fuels removed under section 6; and
(4) establish, develop, expand, enhance, or improve nursery
capacity or infrastructure necessary to facilitate the Strategy
established under section 9.
SEC. 12. GOOD NEIGHBOR AUTHORITY FOR GIANT SEQUOIAS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) by redesignating clause (iii) as
clause (iv);
(iii) by inserting after clause (ii) the
following:
``(iii) activities conducted under section
6 of the Save Our Sequoias Act;'';
(iv) in clause (iv), as so redesignated, by
striking the period at the end and inserting
``; or''; and
(v) by adding at the end the following:
``(v) any combination of activities
specified in clauses (i) through (iv).''; and
(B) in paragraph (10)(B) by striking ``land.'' and
inserting ``land, Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park.''; and
(2) in subsection (b)(2), by striking subparagraph (C) and
inserting the following:
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor or county under a good
neighbor agreement shall be retained and used by the
Governor or county--
``(i) to carry out authorized restoration
services under such good neighbor agreement;
and
``(ii) if there are funds remaining after
carrying out the services under clause (i), to
carry out authorized restoration services under
other good neighbor agreements.''.
SEC. 13. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
(a) National Park Service.--Section 604(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management with respect to Bureau of Land
Management land and the Director of the National Park Service
with respect to land within Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park.''; and
(2) by adding at the end the following:
``(3) Public lands.--The term `public lands' means--
``(A) Bureau of Land Management land; and
``(B) land within Kings Canyon National Park,
Sequoia National Park, and Yosemite National Park.''.
(b) Giant Sequoia Stewardship Contracts.--Section 604(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended
by adding at the end the following:
``(8) Promoting the health and resiliency of giant
sequoias.''.
SEC. 14. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND FUND.
(a) In General.--Subchapter II of chapter 1011 of title 54, United
States Code, is amended by adding at the end the following:
``Sec. 101123. Giant Sequoia Emergency Protection Program and Fund
``(a) Giant Sequoia Emergency Protection Program.--The National
Park Foundation, in coordination with the National Forest Foundation,
shall design and implement a comprehensive program to assist and
promote philanthropic programs of support that benefit--
``(1) primarily, the management and conservation of giant
sequoias on Service land and covered National Forest System
lands to promote resiliency to wildfires, insects, and drought;
and
``(2) secondarily, the reforestation of giant sequoias on
Service land and covered National Forest System lands impacted
by wildfire.
``(b) Giant Sequoia Emergency Protection Fund.--The National Park
Foundation, in coordination with the National Forest Foundation, shall
establish a joint special account, to be known as the `Giant Sequoia
Emergency Protection Fund' (referred to as `the Fund' in this section),
to be administered in support of the program established under
subsection (a).
``(c) Funds for Giant Sequoia Emergency Protection.--The following
shall apply to the Fund:
``(1) The Fund shall consist of any gifts, devises, or
bequests that are provided to the National Park Foundation or
National Forest Foundation for such purpose.
``(2) The National Park Foundation and National Forest
Foundation shall deposit any funds received for the Fund in a
federally insured interest-bearing account or may invest funds
in appropriate security obligations, as mutually agreed upon.
``(3) Any accrued interest or dividends earned on funds
received for the Fund shall be added to the principal and form
a part of the Fund.
``(d) Use of Funds.--Funds shall be available to the National Park
Foundation and National Forest Foundation without further appropriation
for projects and activities approved by the Chief of the Forest Service
or the Director, as appropriate, or their designees, to--
``(1) primarily, support the management and conservation of
giant sequoias on Service land and covered National Forest
System lands to promote resiliency to wildfires, insects, and
drought; and
``(2) secondarily, support the reforestation of giant
sequoias on Service land and covered National Forest System
lands impacted by wildfire.
``(e) Summary.--Beginning 1 year after the date of enactment of
this section, the National Park Foundation and National Forest
Foundation shall include with their annual reports a summary of the
status of the program and Fund created under this section that
includes--
``(1) a statement of the amounts deposited in the Fund
during the fiscal year;
``(2) the amount of the balance remaining in the Fund at
the end of the fiscal year; and
``(3) a description of the program and projects funded
during the fiscal year.
``(f) Covered National Forest System Lands Defined.--In this
section, the term `covered National Forest System lands' has the
meaning given such term in section 2 of the Save our Sequoias Act.''.
(b) Conforming Amendment.--The table of sections for subchapter II
of chapter 1011 of title 54, United States Code, is amended by adding
at the end the following:
``101123. Giant Sequoia Emergency Protection Program and Fund.''.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act and the amendments made by this Act--
(1) for fiscal year 2024, $10,000,000;
(2) for fiscal year 2025, $25,000,000;
(3) for each of fiscal years 2026 through 2028,
$30,000,000; and
(4) for each of fiscal years 2029 through 2033,
$40,000,000.
(b) Limitation.--Of the amounts authorized under subsection (a),
not less than 90 percent of funds shall be used to carry out sections 6
and 9 and the amendments made by those sections.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources. (Sponsor introductory remarks on measure: CR S4578)
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 117-477.
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