No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1462 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1462
To improve forest management activities on National Forest System land,
public land under the jurisdiction of the Bureau of Land Management,
and Tribal land to return resilience to overgrown, fire-prone forested
land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2025
Mr. Curtis (for himself, Mr. Hickenlooper, Mr. Sheehy, and Mr. Padilla)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve forest management activities on National Forest System land,
public land under the jurisdiction of the Bureau of Land Management,
and Tribal land to return resilience to overgrown, fire-prone forested
land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Our Forests
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High-priority
Firesheds
Sec. 101. Designation of fireshed management areas.
Sec. 102. Wildfire Intelligence Center.
Sec. 103. Fireshed Registry.
Sec. 104. Shared stewardship.
Sec. 105. Fireshed assessments.
Sec. 106. Emergency fireshed management.
Sec. 107. Sunset.
Subtitle B--Expanding Collaborative Tools to Reduce Wildfire Risk and
Improve Forest Health
Sec. 111. Modification of treatment of certain revenue and payments
under good neighbor agreements.
Sec. 112. Fixing stewardship end result contracting.
Sec. 113. Fireshed management project strike teams.
Sec. 114. Locally led restoration.
Sec. 115. Joint Chiefs Landscape Restoration Partnership Program.
Sec. 116. Collaborative forest landscape restoration program.
Sec. 117. Utilizing grazing for wildfire risk reduction.
Sec. 118. Water Source Protection Program.
Sec. 119. Watershed Condition Framework technical corrections.
Sec. 120. Tribal forest protection management activities and projects.
Subtitle C--Litigation Reform
Sec. 121. Commonsense litigation reform.
Sec. 122. Consultation on forest plans.
Subtitle D--Prescribed Fire
Sec. 131. Prescribed fire eligible activities, policies, and practices.
Sec. 132. Human resources.
Sec. 133. Liability of prescribed fire managers.
Sec. 134. Environmental review.
Sec. 135. Cooperative agreements and contracts for prescribed fire.
Sec. 136. Facilitating responsible use of prescribed fire.
TITLE II--PROTECTING COMMUNITIES IN WILDLAND-URBAN INTERFACE
Subtitle A--Community Wildfire Risk Reduction
Sec. 201. Community Wildfire Risk Reduction Program.
Sec. 202. Community Wildfire Defense Research Program.
Sec. 203. Community wildfire defense accountability.
Sec. 204. Community wildfire defense grant program improvements.
Sec. 205. Updated definition of at-risk community.
Subtitle B--Vegetation Management, Reforestation, and Local Fire
Suppression
Sec. 211. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights-of-way.
Sec. 212. Fire-safe electrical corridors.
Sec. 213. Categorical exclusion for high-priority hazard trees.
Sec. 214. Seeds of Success strategy.
Sec. 215. Program to support priority reforestation and restoration
projects.
Sec. 216. Reforestation, nurseries, and genetic resources support.
Sec. 217. Fire department repayment.
TITLE III--TRANSPARENCY, TECHNOLOGY, AND PARTNERSHIPS
Subtitle A--Transparency and Technology
Sec. 301. Biochar innovations and opportunities for conservation,
health, and advancements in research.
Sec. 302. Accurate hazardous fuels reduction reports.
Sec. 303. Public-private wildfire technology deployment and
demonstration partnership.
Sec. 304. GAO study on Forest Service policies.
Sec. 305. Keeping forest plans current and monitored.
Sec. 306. Container Aerial Firefighting System.
Sec. 307. Study on pine beetle infestation.
Subtitle B--White Oak Resilience
Sec. 311. White Oak Restoration Initiative Coalition.
Sec. 312. Forest Service pilot program.
Sec. 313. Department of the Interior white oak review and restoration.
Sec. 314. White oak regeneration and upland oak habitat.
Sec. 315. Tree nursery shortages.
Sec. 316. White oak research.
Sec. 317. USDA formal initiative.
Sec. 318. Use of authorities.
TITLE IV--ENSURING CASUALTY ASSISTANCE FOR FIREFIGHTERS
Sec. 401. Wildland Fire Management Casualty Assistance Program.
SEC. 2. DEFINITIONS.
In this Act:
(1) End water user.--The term ``end water user'' has the
meaning given the term in section 303(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6542(a)).
(2) Executive director.--The term ``Executive Director''
means the Executive Director of the Wildfire Intelligence
Center appointed under section 102(g).
(3) Fireshed.--The term ``fireshed'' means a landscape-
scale area, as delineated using methods developed through
research conducted by the Forest Service, that represents
similar source levels of community exposure to wildfire.
(4) Fireshed management area.--The term ``fireshed
management area'' means a fireshed management area designated
under section 101(a).
(5) Fireshed management project.--The term ``fireshed
management project'' means any of the following forest or
vegetation management activities:
(A) A hazardous fuels management activity.
(B) Creating a fuel break or fire break.
(C) Removing hazard trees, dead trees, or dying
trees, as determined by a responsible official.
(D) Developing, approving, or conducting routine
maintenance under a vegetation management, facility
inspection, and operation and maintenance plan under
section 512(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1772(c)).
(E) Removing trees to address overstocking or
crowding in a forest stand, consistent with achieving
the appropriate basal area of the forest stand, as
determined by a responsible official.
(F) Using treatments to address insects or disease
or to control vegetation competition or invasive
species.
(G) A wet-meadow, floodplain, or riparian
restoration activity that increases wildfire
resistance.
(H) A forest stand improvement activity necessary
to protect life and property from catastrophic
wildfire, as determined by a responsible official.
(I) Any combination of activities described in this
paragraph.
(6) Fireshed registry.--The term ``Fireshed Registry''
means the registry established under section 103(a).
(7) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712);
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604); and
(C) a forest management plan (as defined in section
304 of the National Indian Forest Resources Management
Act (25 U.S.C. 3103)) with respect to Indian forest
land or rangeland.
(8) Governor.--The term ``Governor'' means the Governor or
other appropriate executive official of--
(A) a State; or
(B) an Indian Tribe.
(9) Hazardous fuels management activity.--The term
``hazardous fuels management activity'' means a vegetation
management activity, or any combination of such activities,
that reduces the risk of wildfire, including mechanical
thinning, mastication, prescribed burning, cultural burning (as
determined by an applicable Indian Tribe), timber harvest, and
grazing.
(10) HFRA terms.--The terms ``at-risk community'',
``community wildfire protection plan'', 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).
(11) Indian forest land or rangeland.--The term ``Indian
forest land or rangeland'' means land that--
(A) is held in trust, or subject to a restriction
against alienation, by the United States for an Indian
Tribe or a member of an Indian Tribe; and
(B)(i) is Indian forest land (as defined in section
304 of the National Indian Forest Resources Management
Act (25 U.S.C. 3103)); or
(ii)(I) has a cover of grasses, brush, or any
similar vegetation; or
(II) formerly had a forest cover or vegetative
cover that is capable of restoration.
(12) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(13) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(14) Public land.--The term ``public land'' means--
(A) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(B) the land reconveyed to the United States
pursuant to the first section of the Act of February
26, 1919 (40 Stat. 1179, chapter 47) (commonly known as
``Coos Bay Wagon Road Grant lands'') under the
jurisdiction of the Secretary of the Interior; and
(C) the land revested in the United States by the
Act of June 9, 1916 (39 Stat. 218, chapter 137)
(commonly known as ``Oregon and California Railroad
Grant lands'') under the jurisdiction of the Secretary
of the Interior.
(15) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) in the Senate--
(i) the Committee on Agriculture,
Nutrition, and Forestry; and
(ii) the Committee on Energy and Natural
Resources; and
(B) in the House of Representatives--
(i) the Committee on Agriculture; and
(ii) the Committee on Natural Resources.
(16) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of the Interior.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(18) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to National Forest
System land; and
(B) the Secretary of the Interior, with respect to
public land.
(19) Special district.--The term ``special district'' means
a political subdivision of a State that--
(A) has significant budgetary autonomy or control;
(B) was established by, or pursuant to, the laws of
the State for the purpose of performing a limited and
specific governmental or proprietary function primarily
relating to land management; and
(C) is distinct from any other unit of local
government within the State.
(20) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia; and
(C) each territory of the United States.
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High-priority
Firesheds
SEC. 101. DESIGNATION OF FIRESHED MANAGEMENT AREAS.
(a) Designations.--
(1) Initial designations.--Subject to paragraph (4), for
the 5-year period beginning on the date of enactment of this
Act, the following firesheds are designated as fireshed
management areas:
(A) Each landscape-scale fireshed identified as a
``high-risk fireshed'' in the document published by the
Forest Service entitled ``Wildfire Crisis Strategy''
and dated January 2022.
(B) Of the 7,688 firesheds described in the report
published by the Rocky Mountain Research Station of the
Forest Service in 2019, each landscape-scale fireshed
identified by the Secretary, in consultation with the
Secretary of the Interior, as being in the top 20
percent for wildfire exposure based on the following
criteria:
(i) Wildfire exposure and corresponding
risk to communities, including risk to life,
critical infrastructure, and other structures.
(ii) Wildfire exposure and corresponding
risk to municipal watersheds, including Tribal
water supplies and systems.
(iii) Risk of vegetation type conversion
due to wildfire, based on information from
existing forest plans, State forest action
plans, and best available science.
(2) Designations in alaska, hawaii, and territories.--Not
later than 30 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of the Interior,
shall designate in the States of Alaska and Hawaii and the
territories of the United States such additional fireshed
management areas as the Secretaries determine to be
appropriate, based on the criteria described in clauses (i)
through (iii) of paragraph (1)(B).
(3) Map-based updated designations.--
(A) Map of firesheds.--Not later than the date that
is 5 years after the date of enactment of this Act, and
not less frequently than once every 5 years thereafter,
the Secretary, in consultation with the Secretary of
the Interior, shall submit to the relevant committees
of Congress an updated map of firesheds, which shall--
(i) be based on the Fireshed Registry; and
(ii) include firesheds in the States of
Alaska and Hawaii and the territories of the
United States.
(B) Fireshed management areas.--Not later than 60
days after submitting an updated fireshed map under
subparagraph (A), the Secretary shall designate as a
fireshed management area each fireshed depicted on that
map that the Secretary, in consultation with the
Secretary of the Interior, identifies as being in the
top 20 percent of firesheds at risk of wildfire
exposure based on the criteria described in clauses (i)
through (iii) of paragraph (1)(B) and in accordance
with this section.
(C) Publication.--The Secretary shall make each
updated map prepared under this paragraph publicly
available on the Fireshed Registry.
(4) Land location and content.--A fireshed management area
designated under this subsection--
(A) shall not overlap with any other fireshed
management area; and
(B) may contain Federal and non-Federal land,
including Indian forest land or rangeland.
(5) Combining multiple firesheds.--On receipt of a request
of an affected Governor, the Secretary, in consultation with
the Secretary of the Interior, may expand a fireshed management
area designated under this subsection to include more than 1
fireshed.
(b) Use.--The Secretary concerned may carry out fireshed management
projects on the fireshed management areas designated under this
section.
(c) Applicability of NEPA.--The designation of a fireshed
management area under this section shall not be subject to the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 102. WILDFIRE INTELLIGENCE CENTER.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board governing
the Center appointed under subsection (f).
(2) Center.--The term ``Center'' means the Wildfire
Intelligence Center established under subsection (b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the Interior
shall establish a joint office, to be known as the ``Wildfire
Intelligence Center'', the duties of which are to study, plan,
coordinate, and implement issues of joint concern among the Department
of Agriculture and the Department of the Interior, including--
(1) serving as the development and operational center for
the comprehensive assessment and prediction of wildfires and
fires that move into the built environment to provide decision
support services to inform land and fuels management, community
outreach and risk reduction, post-wildfire recovery and
rehabilitation, and fire management and response activities
carried out by entities, including--
(A) the Federal Government;
(B) State, Tribal, and local governments;
(C) land managers;
(D) incident management teams;
(E) the National Interagency Coordination Center;
(F) geographic coordination centers;
(G) land, air, and water managers;
(H) burned area rehabilitation teams;
(I) public health entities; and
(J) other entities identified by the Board;
(2) facilitating collaboration and information sharing
across Federal and State departments and agencies, Tribal
entities, academia, and the private sector with respect to
matters relating to wildfires; and
(3) addressing such other issues as the Secretary and the
Secretary of the Interior may identify as issues of joint
interest in support of the functions of the Center described in
subsection (d).
(c) Headquarters.--Not later than 1 year after the date of
enactment of this Act, the Board shall select from within the United
States a permanent location for the physical headquarters of the
Center.
(d) Functions.--The functions of the Center shall include the
following:
(1) Providing real-time, science-based, and data-rich
scientific and technical analytical services, decision support,
and predictive services across all phases of fire to inform
pre-fire land and fuels management, pre-fire community and
built environment risk reduction, active fire management and
emergency response, and post-fire recovery in the built and
natural environments.
(2) Assessing and monitoring wildfires and wildfire
conditions across all phases of fire, including ignition,
behavior, and spread, climate, weather, drought, soil moisture,
fuel conditions, smoke, aerosols, fire severity, debris flows,
and erosion.
(3) Comprehensive modeling of wildfire behavior and risks,
including ignitions, wildfire intensity and spread inside the
built and natural environments, air quality, and dependence on
burn history, vegetation conditions, climate, and weather.
(4) Providing and procuring, if commercially available, and
combining existing data, mapping, technological, and
consultation services to support pre-, active, and post-fire
activities, including--
(A) creating and maintaining a real-time nationwide
wildfire risk catalog by leveraging existing risk
mapping at land management agencies;
(B) assisting with the creation of evacuation plans
for at-risk communities;
(C) assisting with the creation of public safety
power shutoff plans;
(D) assisting with the creation and updating of
wildfire response strategies, plans, and treatment and
mitigation measures, including mitigation measures in
the built environment and the development of community
wildfire protection plans;
(E) providing decision support and gridded and
point data forecast and assessment products in support
of operational and planning activities, including the
pre-positioning of wildfire suppression personnel and
assets based on real-time-risk; and
(F) assisting with the safe and effective use of
prescribed fire.
(5) Consolidating air quality monitoring and forecasting
data to support health risk information to help inform risks to
public health and protect the public from smoke impacts
associated with wildfires, including providing planning
guidance for safe and effective beneficial fire opportunities
to prevent the risk of wildfires.
(6) Providing accessible tools and products that support
emergency and land management decisions relating to wildfire
prevention, preparedness, and response, including risk
assessment and contingency planning, which shall include the
development of a data interface to assist and inform, in real-
time, firefighters, first responders, and approved contractors
in responding to wildfires, including the use of any
observations by the civil, military, and intelligence
communities of the Federal Government and commercial Earth
observations.
(7) Establishing an interoperable information technology
infrastructure accessible by Federal agencies, State government
offices, units of local government, and Tribal governments.
(8) To the extent feasible, establishing data
interoperability through--
(A) the development of common data standards;
(B) the provision of comprehensive searchable data
inventories;
(C) working with Tribal governments in nation-to-
nation partnership;
(D) the integration and sharing of information and
resources of the Federal Government and State and local
governments to support the essential functions of the
Center;
(E) the development of data standards to protect
confidential information that may be essential to the
core functions of the Center;
(F) regular updates and maintenance of research and
technology essential to achieving the core functions of
the Center; and
(G) the development and maintenance of a big-data
architecture to compile, maintain, standardize, and
evaluate data associated with the core functions of the
Center.
(9) In coordination with relevant Federal agencies and
coordinating entities, as determined by the Board, and in
consultation with State government agencies, units of local
government, territories of the United States, and federally
recognized Indian Tribes, developing, procuring where
commercially available, and disseminating tools to support
wildfire planning, risk reduction and response guidance,
guidelines, maps, and training materials to help inform State,
territorial, local, and Tribal governments and decisionmakers
with respect to--
(A) the use and implementations of wildfire risk
assessments;
(B) the applied use of the database and information
developed under paragraphs (7) and (8);
(C) reducing losses from wildfires;
(D) increasing benefits from wildfires;
(E) resources available for communities and
responders working to improve wildfire preparedness;
and
(F) enhancing communication management in emergency
wildfire situations, land and resource management, and
scientific studies.
(10) Working with Federal, State, and Tribal agencies to
develop and improve National Wildfire Coordinating Group
wildfire preparedness curricula and training modules for--
(A) State, territorial, local, and Tribal
officials; and
(B) Federal, State, territorial, local, and Tribal
emergency managers and responders.
(11) Maintaining the Fireshed Registry.
(12) Administering the pilot program established under
section 303 and streamlining procurement processes for
technologies identified under that pilot program and technology
systems related to addressing wildfire and smoke for purposes
of scaling such technologies and systems across Federal
agencies.
(e) Administration.--
(1) In general.--The Secretary and the Secretary of the
Interior shall cooperatively administer the Center.
(2) Transfer of funds.--
(A) In general.--Subject to subparagraph (B), the
Secretary and the Secretary of the Interior may
transfer funds provided to establish, and carry out the
duties of, the Center between--
(i) the Forest Service; and
(ii) the United States Geological Survey.
(B) Notice required.--Not later than 15 days before
transferring funds under subparagraph (A), the
Secretary or the Secretary of the Interior, as
applicable, shall submit to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a notice
of the proposed transfer.
(f) Board.--
(1) Membership.--The Center shall be governed by a Board,
to be composed of 16 members, as follows:
(A) 1 member who is a career employee of the
Department of Agriculture, to be appointed by the
Secretary.
(B) 1 member who is a career employee of the
research and development areas of the Forest Service,
to be appointed by the Chief of the Forest Service.
(C) 1 member who is a career employee in fire and
aviation management of the Forest Service, to be
appointed by the Chief of the Forest Service.
(D) 1 member who is a career employee of the
Department of the Interior, to be appointed by the
Secretary of the Interior.
(E) 1 member who is a career employee of the Bureau
of Land Management, to be appointed by the Director of
the Bureau of Land Management.
(F) 1 member who is a career employee of the Bureau
of Indian Affairs, to be appointed by the Assistant
Secretary for Indian Affairs.
(G) 1 member who is a career employee of the
National Park Service, to be appointed by the Director
of the National Park Service.
(H) 1 member who is a career employee of the United
States Fish and Wildlife Service, to be appointed by
the Director of the United States Fish and Wildlife
Service.
(I) 1 member who is a career employee of the United
States Geological Survey, to be appointed by the
Director of the United States Geological Survey.
(J) 1 member who is a career employee of the
National Oceanic and Atmospheric Administration, to be
appointed by the Administrator of the National Oceanic
and Atmospheric Administration.
(K) 1 member who is a career employee of the
National Weather Service, to be appointed by the
Director of the National Weather Service.
(L) 1 member who is a career employee of the
Federal Emergency Management Agency, to be appointed by
the Administrator of the Federal Emergency Management
Agency.
(M) 1 member who is a career employee of the United
States Fire Administration, to be appointed by the
Administrator of the United States Fire Administration.
(N) 1 member who is a career employee of the
Department of Defense, to be appointed by the Secretary
of Defense.
(O) 1 member who is a career employee of the
National Science Foundation, to be appointed by the
Director of the National Science Foundation.
(P) 1 member who is a career employee of the
National Aeronautics and Space Administration, to be
appointed by the Administrator of the National
Aeronautics and Space Administration.
(2) Terms.--A member of the Board--
(A) shall be appointed for a term of 3 years; and
(B) may be reappointed for not more than 3
additional terms.
(3) Chairperson; vice chairperson.--The Chairperson and
Vice Chairperson of the Board shall--
(A) be selected by the members of the Board from
among the members appointed under subparagraphs (B),
(I), and (J) of paragraph (1); and
(B) serve for a term of 1 year.
(4) Majority vote.--A voting consensus by the Board shall
be not less than a \2/3\ majority vote of the members present.
(5) Nonvoting status.--At the discretion of the Board, the
Board may include nonvoting observers to the Board.
(g) Executive Director.--
(1) In general.--The Center shall have an Executive
Director, who shall be appointed by, and serve at the direction
of, the Board.
(2) Drought monitoring.--The Executive Director shall
engage with relevant Federal agencies, State agencies, and
entities in the private sector to improve drought monitoring,
forecasting, communication, and response that may be essential
to the core functions of the Center, if the Executive Director
determines that the engagement is appropriate, beneficial, and
cost-effective.
(3) Contracting authority.--
(A) In general.--The Executive Director may enter
into and perform contracts, agreements, memoranda of
understanding, or other, similar transactions, as the
Executive Director determines to be appropriate to
carry out the functions of the Center described in
subsection (d).
(B) Report.--Not later than 180 days after the date
of enactment of this Act, the Board and the Executive
Director shall submit to the relevant committees of
Congress a report that provides--
(i) an assessment of existing contracting
authorities of the Executive Director;
(ii) recommendations regarding whether any
new contracting authorities or modifications of
existing contracting authorities are needed;
and
(iii) a description of technologies that
may be commercially available to perform the
functions of the Center, together with the
costs and timelines of procuring those
technologies or developing relevant
capabilities.
(h) Detailees.--The Secretary and the Secretary of the Interior may
detail or assign to the Center such employees of the Department of
Agriculture and the Department of the Interior, respectively, as the
Secretaries determine to be necessary to carry out the duties of the
Center.
(i) Interagency Financing.--Notwithstanding section 708 of the
Financial Services and General Government Appropriations Act, 2023
(Public Law 117-328; 136 Stat. 4706), or any other, similar provision
of law, interagency financing may be used to fund the Center.
(j) Coordination With Other Agencies and Entities.--To carry out
the functions of the Center described in subsection (d), the Board
shall coordinate with agencies represented on the Board and other
relevant entities, including--
(1) the National Wildfire Coordinating Group;
(2) State and Tribal governments;
(3) any other agency that--
(A) is responsible for the management of Federal or
State land; or
(B) has data, science, and technology expertise
relevant to the Center; and
(4) any other relevant Federal, State, Tribal, or
nongovernmental entity that is representative of an element of
the wildland fire community.
(k) Operational Plan.--
(1) In general.--Not later than 180 days after the
appointment of the Executive Director, the Executive Director
shall submit to the relevant committees of Congress an
operational plan describing--
(A) the structure of the Center;
(B) staffing and funding needs of the Center;
(C) technological capabilities within the
Department of Agriculture, the Department of the
Interior, and the other Federal departments and
agencies comprising the Board that are available to the
Center;
(D) an assessment of the potential of commercially
available technologies to perform the functions of the
Center; and
(E) a timeline for full operational functioning of
the Center.
(2) Inclusions.--The plan under paragraph (1) shall include
estimated costs, key milestones, coordination strategies with
Federal, State, and private entities, and recommendations for
ensuring the effective operation of the Center.
(3) Updates.--The Director shall update the plan not less
frequently than annually to reflect progress, adjustments in
funding, and the adoption of new technologies.
(l) Rule of Construction.--Nothing in this section affects the
ownership of any data source.
SEC. 103. FIRESHED REGISTRY.
(a) Establishment.--The Secretaries, acting through the Executive
Director, shall establish and maintain, on a publicly accessible
website, a registry, to be known as the ``Fireshed Registry'', that
provides interactive geospatial data relating to individual firesheds,
including information relating to--
(1) wildland fire exposure, delineated by ownership,
including rights-of-way for utilities and other public or
private purposes;
(2) any hazardous fuels management activities that have
occurred within an individual fireshed during the preceding 10
years;
(3) wildland fire exposure with respect to a fireshed,
delineated by--
(A) wildfire exposure and corresponding risk to
communities, including risk to life, critical
infrastructure, and other structures;
(B) wildfire exposure and corresponding risk to
municipal watersheds, including Tribal water supplies
and systems; and
(C) risk of vegetation type conversion due to
wildfire;
(4) the percentage of a fireshed burned in wildfire during
the preceding 10 years, including, to the extent practicable,
delineations of acres that have burned at a high severity;
(5) spatial patterns of wildfire exposure, including
plausible extreme fire events; and
(6) any hazardous fuels management activities planned for a
fireshed, including fireshed management projects.
(b) Community Wildfire Protection Plans.--The Executive Director
shall make data from the Fireshed Registry available to local
communities developing or updating community wildfire protection plans.
(c) Maintenance.--As part of the website containing the Fireshed
Registry, the Executive Director shall--
(1) publish fireshed assessments conducted under section
105; and
(2) maintain a searchable database to track--
(A) the status of Federal environmental reviews,
permits, and authorizations for fireshed management
projects, including--
(i) a comprehensive permitting timetable;
(ii) the status of the compliance of each
lead agency, cooperating agency, and
participating agency with the permitting
timetable with respect to fireshed management
projects;
(iii) any required modifications of the
permitting timetable under clause (i),
including an explanation regarding why the
permitting timetable was modified; and
(iv) information regarding any public
meetings, public hearings, and public comment
periods relating to a fireshed management
project, as that information becomes available,
which shall be presented in--
(I) English; and
(II) the predominant language of
each community that is most affected by
the fireshed management project, as
that information becomes available;
(B) the projected cost of fireshed management
projects; and
(C) in the case of a completed fireshed management
project, the estimated effectiveness of the fireshed
management project in--
(i) reducing the wildfire exposure within
the applicable fireshed, including wildfire
exposure described in subparagraphs (A) through
(C) of subsection (a)(3); and
(ii) increasing the resilience of wildlife
habitats, including habitat for species listed
as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
(d) Incorporation of Existing Assessments and Data.--In carrying
out this section, the Executive Director shall incorporate any
assessments completed or data gathered through existing partnerships,
to the extent practicable.
(e) Applicability of NEPA.--The establishment and maintenance of
the Fireshed Registry under this section shall not be subject to the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 104. SHARED STEWARDSHIP.
(a) Joint Agreements.--The Secretary concerned shall seek to use an
existing shared stewardship agreement, modify an existing shared
stewardship agreement, or enter into a similar agreement with the
Governor of each State and Indian Tribe that contains a fireshed
management area designated under section 101(a) to jointly--
(1) promote the reduction of wildfire exposure, based on
the criteria described in clauses (i) through (iii) of section
101(a)(1)(B), in fireshed management areas across
jurisdictional boundaries; and
(2) conduct fireshed assessments under section 105.
(b) Adjustment of Boundaries and Updates to Agreements.--With
respect to an agreement under subsection (a), the Secretary concerned,
on request of the applicable Governor, may--
(1) adjust the boundaries of any applicable fireshed
management area; and
(2) update the agreement to address any new wildfire
threats.
(c) Cooperative Agreements.--The Secretary and the Secretary of the
Interior may enter into cooperative agreements with units of local
government, special districts, end water users, nongovernmental
organizations, institutions of higher education, and other entities, at
the discretion of the applicable Secretary to carry out the activities
described in paragraphs (1) and (2) of subsection (a).
SEC. 105. FIRESHED ASSESSMENTS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary concerned, in cooperation with the
Governor with whom the Secretary concerned enters into an agreement
under section 104(a), if applicable, shall conduct a fireshed
assessment in accordance with this section with respect to each
fireshed management area designated in the applicable State or area of
Tribal land.
(b) Requirements.--
(1) In general.--Each fireshed assessment under subsection
(a) shall--
(A) identify--
(i) using the best available science,
wildfire exposure risks within the applicable
fireshed management area, including scenario
planning and wildfire hazard mapping and
models; and
(ii) each at-risk community within the
fireshed management area;
(B) identify the types of fireshed management
projects that could benefit the fireshed management
area, with an emphasis on reducing--
(i) wildfire exposure and corresponding
risk to communities, including risk to life,
critical infrastructure, and other structures;
(ii) wildfire exposure and corresponding
risk to municipal watersheds, including Tribal
water supplies and systems;
(iii) risk of vegetation type conversion
due to wildfire;
(iv) wildfire risk for wildlife habitats,
including habitat for species listed as
threatened or endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(v) wildfire risk to resources of an Indian
Tribe, as defined by the Indian Tribe; or
(vi) any combination of purposes described
in clauses (i) through (v); and
(C) include, with respect to the applicable
fireshed management area--
(i) a strategy for reducing the threat of
wildfire--
(I) to protect at-risk communities
in the wildland-urban interface on
Federal and non-Federal land;
(II) to improve the effectiveness
of wildfire firefighting, particularly
the effectiveness of fuels treatments
that would improve wildfire firefighter
safety during wildfires; and
(III) to reduce risk to wildlife
habitats, including habitat for species
listed as threatened or endangered
under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(ii) a timeline for the implementation of
fireshed management projects;
(iii) long-term benchmark goals for the
completion of fireshed management projects in
the highest wildfire exposure areas to ensure
that those fireshed management projects
contribute to the development and maintenance
of healthy and resilient landscapes;
(iv) a strategy to ensure that fireshed
management projects comply with applicable
forest plans and incorporate the best available
science; and
(v) a strategy for maximizing the retention
of late-successional forests, to the extent
that the trees promote stands that are
resilient to insects and disease, and reduce
the risk or extent of, or increase resilience
to, wildfires.
(2) Existing plans.--To the maximum extent practicable, a
fireshed assessment shall incorporate and build on information,
planning, and strategies contained in relevant forest plans,
State forest action plans, watershed management plans,
community wildfire protection plans, and similar locally led
landscape-scale planning documents.
(3) Participation.--
(A) State, tribal, and local governments.--In
addition to the parties to an applicable agreement
described in subsection (a), the Secretary concerned
shall coordinate with States, Indian Tribes, units of
local government, and other entities that are parties
to an agreement under section 104(c) within a fireshed
management area in conducting the fireshed assessment
under paragraph (1).
(B) Public.--In carrying out a fireshed assessment
under this section, the Secretary concerned shall
provide an opportunity for public participation during
the 45-day period beginning on the date of initiation
of the assessment, including--
(i) publication of information regarding
the development of the assessment--
(I) on a website maintained by the
Secretary concerned; and
(II) at convenient locations within
the applicable fireshed management
area; and
(ii) at least 1 public meeting.
(c) Updates and Availability.--Each fireshed assessment under
subsection (a) shall be--
(1) regularly updated based on the best available science,
subject to the requirements of subsection (d)(2); and
(2) made publicly available on 1 or more websites
maintained by the Secretary concerned, including the Fireshed
Registry.
(d) Information Improvement.--
(1) Memoranda of understanding.--In carrying out a fireshed
assessment under this section, the Secretary concerned may
enter into memoranda of understanding with other Federal
departments and agencies (including the National Oceanic and
Atmospheric Administration), States, Indian Tribes, private
entities, or research or educational institutions to improve,
with respect to the assessment, the use and integration of--
(A) advanced remote sensing and geospatial
technologies;
(B) statistical modeling and analysis; or
(C) any other technology or combination of
technologies and analyses that the Secretary concerned
determines will benefit the quality of information in
the assessment.
(2) Best available science.--In using the best available
science for a fireshed assessment under this section, the
Secretary concerned and the applicable Governor shall
incorporate, to the maximum extent practicable--
(A) traditional ecological knowledge from Indian
Tribes;
(B) data from State forest action plans and State
wildfire risk assessments;
(C) data from the Fireshed Registry; and
(D) data from other Federal, State, Tribal, and
local governments or agencies.
(e) Applicability of NEPA.--A fireshed assessment under this
section shall not be subject to the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 106. EMERGENCY FIRESHED MANAGEMENT.
(a) Fireshed Management Projects.--
(1) In general.--The Secretary, acting through a
responsible official, shall carry out fireshed management
projects on land under the jurisdiction of the Secretary
concerned in fireshed management areas in accordance with this
section, the applicable forest plan, and the laws (including
regulations) applicable to the Secretary concerned.
(2) Applicability of other provisions.--
(A) In general.--The following shall have the force
and effect of law with respect to any fireshed
management project carried out in a fireshed management
area:
(i) Section 220.4(b) of title 36, Code of
Federal Regulations (as in effect on April 9,
2025), with respect to land under the
jurisdiction of the Secretary.
(ii) Section 46.150 of title 43, Code of
Federal Regulations (as in effect on April 9,
2025), with respect to land under the
jurisdiction of the Secretary of the Interior.
(iii) Section 402.05 of title 50, Code of
Federal Regulations (as in effect on April 9,
2025).
(iv) Section 800.12 of title 36, Code of
Federal Regulations (as in effect on April 9,
2025), except that any reference contained in
that regulation to an ``agency official'' shall
be considered to be a reference to a
responsible official.
(B) Determination of emergency.--
(i) In general.--A regulation referred to
in subparagraph (A) shall not apply pursuant to
that subparagraph with respect to a fireshed
management project unless, before carrying out
the fireshed management project, a responsible
official--
(I) determines, in accordance with
the regulation, that an emergency or
emergency circumstance exists;
(II) completes any documentation or
identification processes required under
such regulation; and
(III) provides public notice of the
determination of emergency and each
related fireshed management project
activity by publishing such
determination on a website maintained
by the Secretary concerned.
(ii) Requirement.--In carrying out a
fireshed management project under a regulation
referred to in subparagraph (A), a responsible
official shall ensure that such fireshed
management project is consistent with the
applicable forest plan and the laws (including
regulations) and policies applicable to the
Secretary concerned.
(C) Further clarification.--A regulation referred
to in subparagraph (A) shall not apply to any fireshed
management project unless such fireshed management
project will achieve a land management goal described
in section 604(c) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c(c)).
(D) Utilization of existing streamlined authorities
in fireshed management areas.--
(i) In general.--Not later than 2 years
after the date of enactment of this Act, with
respect to each fireshed management area that
contains Federal land, the Secretary concerned,
acting through a responsible official, shall
use not fewer than 1 of the following expedited
authorities for environmental review to carry
out fireshed management projects:
(I) Section 603(a) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591b(a)).
(II) Section 605(a) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591d(a)).
(III) Section 606(b) of the Healthy
Forests Restoration Act of 2003 (16
U.S.C. 6591e(b)).
(IV) Section 40806(b) of the
Infrastructure Investment and Jobs Act
(16 U.S.C. 6592b(b)).
(ii) Compliance with nepa.--In applying
expedited authorities for environmental review
to carry out fireshed management projects under
clause (i), the Secretary concerned shall
ensure--
(I) such project is carried out in
accordance with the statute
establishing the categorical exclusion
applied by the Secretary concerned;
(II) compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(III) such project is carried out
in accordance with the applicable
forest plan or resource management plan
and the laws and policies applicable to
the Secretary concerned.
(iii) Additional emergency actions.--The
Secretary may declare an emergency pursuant to
section 40807 of the Infrastructure Investment
and Jobs Act (16 U.S.C. 6592c) for any fireshed
management project.
(iv) Fiscal responsibility act
requirements.--In carrying out this section,
the Secretary concerned shall ensure compliance
with the amendments made to the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) by the Fiscal Responsibility Act
of 2023 (Public Law 118-5; 137 Stat. 38).
(v) Use of other authorities.--To the
maximum extent practicable, the Secretary
concerned shall use the authorities provided
under this section in combination with other
authorities to carry out fireshed management
projects, including--
(I) good neighbor agreements under
section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a) (as amended by
this Act);
(II) stewardship contracting
projects entered into under section 604
of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c) (as amended
by this Act);
(III) self-determination contracts
and self-governance compact agreements
entered into under the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.); and
(IV) agreements entered into under
the Tribal Forest Protection Act of
2004 (Public Law 108-278; 118 Stat.
868).
(b) Expansion.--
(1) Healthy forests restoration act amendments.--
(A) Definitions.--Section 3 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6502) is amended--
(i) in paragraph (2), by striking ``450b''
and inserting ``5304''; and
(ii) by adding at the end the following:
``(3) Local government.--The term `local government'
means--
``(A) a county;
``(B) a municipality; and
``(C) a special district.
``(4) Special district.--The term `special district' means
a political subdivision of a State that--
``(A) has significant budgetary autonomy or
control;
``(B) was established by, or pursuant to, the laws
of the State for the purpose of performing a limited
and specific governmental or proprietary function
primarily relating to forest or rangeland management;
and
``(C) is distinct from any other unit of local
government within the State.''.
(B) Administrative review.--Section 603(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591b(c)) is amended--
(i) in paragraph (1), by striking ``3000
acres'' and inserting ``10,000 acres''; and
(ii) in paragraph (2)(B), by striking
``Fire Regime Groups I, II, or III'' and
inserting ``Fire Regime I, Fire Regime II, Fire
Regime III, or Fire Regime IV''.
(C) Wildfire resilience projects.--Section 605(c)
of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591d(c)) is amended--
(i) in paragraph (1), by striking ``3000
acres'' and inserting ``10,000 acres''; and
(ii) in paragraph (4), by striking ``code
of Federal regulations (or successor
regulations)'' and inserting ``Code of Federal
regulations (or a successor regulation)''.
(D) Greater sage-grouse and mule deer habitat.--
Section 606 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591e) is amended--
(i) in subsection (a)(1)(A)--
(I) by striking clause (ii);
(II) by redesignating clauses (iii)
through (vii) as clauses (ii) through
(vi), respectively; and
(III) in clause (iii) (as so
redesignated), in the matter preceding
subclause (I), by striking ``in a
sagebrush steppe ecosystem'';
(ii) in subsection (c), by striking
``concurrently for both greater sage-grouse
and'' and inserting ``for greater sage-grouse
or''; and
(iii) in subsection (g)(1), by striking
``4,500 acres'' and inserting ``7,500 acres''.
(2) Infrastructure investment and jobs act amendment.--
Section 40806(d)(1) of the Infrastructure Investment and Jobs
Act (16 U.S.C. 6592b(d)(1)) is amended by striking ``3,000
acres'' and inserting ``10,000 acres''.
SEC. 107. SUNSET.
The authority under this subtitle terminates on the date that is 7
years after the date of enactment of this Act.
Subtitle B--Expanding Collaborative Tools to Reduce Wildfire Risk and
Improve Forest Health
SEC. 111. MODIFICATION OF TREATMENT OF CERTAIN REVENUE AND PAYMENTS
UNDER GOOD NEIGHBOR AGREEMENTS.
(a) Good Neighbor Authority.--Section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``either the
Secretary or a Governor or county'' and inserting ``the
Secretary, a Governor, an Indian tribe, a special
district, or a county'';
(B) in paragraph (5), by striking ``Governor or''
and inserting ``Governor, an Indian tribe, a special
district, or a'';
(C) in paragraph (6), by striking ``or Indian
tribe''; and
(D) by adding at the end the following:
``(11) Special district.--The term `special district' means
a political subdivision of a State that--
``(A) has significant budgetary autonomy or
control;
``(B) was established by, or pursuant to, the laws
of the State for the purpose of performing a limited
and specific governmental or proprietary function
primarily relating to forest or rangeland management;
and
``(C) is distinct from any other unit of local
government within the State.''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``or county''
and inserting ``, an Indian tribe, a special district,
or a county'';
(B) in paragraph (2)(C)--
(i) in clause (i)--
(I) in the matter preceding
subclause (I), by inserting ``special
district,'' after ``Indian Tribe,''
each place it appears;
(II) in subclause (I)--
(aa) by striking ``on'';
and
(bb) by striking ``; and''
and inserting a semicolon;
(III) in subclause (II)--
(aa) in the matter
preceding item (aa), by
striking ``clause (i)'' and
inserting ``subclause (I)'';
and
(bb) in item (bb), by
striking ``the Good Neighbor
Authority for Recreation Act.''
and inserting ``section 351 of
the EXPLORE Act (16 U.S.C.
8571);''; and
(IV) by adding at the end the
following:
``(III) if there are funds
remaining after carrying out subclause
(II)--
``(aa) to carry out
authorized restoration services
under other good neighbor
agreements; and
``(bb) for the
administration of a good
neighbor authority program by a
Governor, Indian tribe, special
district, or county.''; and
(ii) in clause (ii), by striking ``2028''
and inserting ``2030'';
(C) in paragraph (3), by striking ``or county'' and
inserting ``, an Indian tribe, a special district, or a
county''; and
(D) by striking paragraph (4).
(b) Technical Amendment.--
(1) In general.--Section 443 of division E of Public Law
118-42 (138 Stat. 297) is amended, in the matter preceding
paragraph (1), by striking ``Agriculture Act of 2014'' and
inserting ``Agricultural Act of 2014''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of Public Law 118-42
(138 Stat. 25).
(c) Effective Date.--The amendments made by subsection (a) shall
apply to any project initiated pursuant to a good neighbor agreement
(as defined in section 8206(a) of the Agricultural Act of 2014 (16
U.S.C. 2113a(a)))--
(1) before the date of enactment of this Act, if the
project was initiated after the date of enactment of the
Agriculture Improvement Act of 2018 (Public Law 115-334; 132
Stat. 4490); or
(2) on or after the date of enactment of this Act.
SEC. 112. FIXING STEWARDSHIP END RESULT CONTRACTING.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) in subsection (b), by inserting ``, including retaining
and expanding existing forest products infrastructure'' before
the period at the end; and
(2) in subsection (d)(3)(B), by striking ``10 years'' and
inserting ``20 years''; and
(3) in subsection (h), by adding at the end the following:
``(4) Special rule for long-term stewardship contracts.--
``(A) Definition of long-term contract.--In this
paragraph, the term `long-term contract' means an
agreement or contract under subsection (b) that--
``(i) has a term of longer than 5 years;
and
``(ii) is entered into on or after the date
of enactment of this paragraph.
``(B) Special rule.--A long-term contract entered
into under subsection (b) by the Chief or the Director
with an entity shall provide that, in the case of
cancellation or termination of the long-term contract
by the Chief or the Director, the Chief or the
Director, as applicable, shall provide to the entity an
amount equal to 10 percent of the long-term contract
amount as cancellation or termination costs.''.
SEC. 113. FIRESHED MANAGEMENT PROJECT STRIKE TEAMS.
(a) Establishment.--The Secretary concerned shall establish intra-
agency strike teams to assist the Secretary concerned with--
(1) any reviews, including analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
consultations under division A of subtitle III of title 54,
United States Code (formerly known as the ``National Historic
Preservation Act''), and consultations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), with the intent
to accelerate and streamline interagency consultation
processes;
(2) the implementation of any necessary site preparation
work in advance of, or as part of, a fireshed management
project;
(3) the implementation of fireshed management projects; and
(4) any combination of purposes described in paragraphs (1)
through (3).
(b) Members.--
(1) In general.--The Secretary concerned may appoint not
more than 10 individuals to serve on an intra-agency strike
team under this section, to be composed of--
(A) employees of the department under the
jurisdiction of the Secretary concerned;
(B) employees of a different Federal department or
agency, with the consent of the head of that department
or agency; and
(C) private contractors or volunteers from any
nonprofit organization, State government, Indian Tribe,
local government, quasi-governmental agency, academic
institution, or private organization.
(2) Requirement.--In appointing individuals under paragraph
(1), the Secretary concerned shall appoint not fewer than 1
employee of the Federal agency with jurisdiction over the
applicable Federal land.
(c) Review Responsibility.--The Secretary concerned shall--
(1) determine the sufficiency of the documents prepared by
an intra-agency strike team under this section; and
(2) retain responsibility for any authorizing decision
relating to such a document.
(d) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 114. LOCALLY LED RESTORATION.
Section 14(d) of the National Forest Management Act of 1976 (16
U.S.C. 472a(d)) is amended, in the first sentence, by striking
``$10,000'' and inserting ``$55,000''.
SEC. 115. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP PROGRAM.
Section 40808 of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592d) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to recover from wildfire; or
``(E) to enhance soil, water, and related natural
resources.'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by inserting ``and post-
wildfire impacts'' after ``wildfire risk''; and
(B) in subparagraph (F), by inserting ``, as
identified in the corresponding State forest action
plan or similar priority plan (such as a State wildlife
or water plan)'' before the semicolon;
(3) in subsection (g), by striking paragraph (2) and
inserting the following:
``(2) Additional reports.--For each of fiscal years 2022
and 2023, and not less frequently than once every 2 fiscal
years thereafter, the Chiefs shall submit a report describing
projects for which funding is provided under the Program,
including the status and outcomes of those projects, to--
``(A) in the Senate--
``(i) the Committee on Agriculture,
Nutrition, and Forestry;
``(ii) the Committee on Energy and Natural
Resources; and
``(iii) the Committee on Appropriations;
and
``(B) in the House of Representatives--
``(i) the Committee on Agriculture;
``(ii) the Committee on Natural Resources;
and
``(iii) the Committee on Appropriations.'';
and
(4) in subsection (h)(1), by striking ``and 2023'' and
inserting ``through 2031''.
SEC. 116. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
Section 4003 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(B)(ii), by striking ``500
note'' and inserting ``7125''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``plans to--'' and inserting
``plans--'';
(ii) in each of subparagraphs (A) through
(H), by inserting ``to'' after the subparagraph
designation; and
(iii) in subparagraph (D), by inserting
``or pathogens'' before the semicolon;
(2) in subsection (c)(3)(A)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(iii) include a Federal Government
staffing plan for providing staff to support
collaborative processes established under
subsection (b)(2);'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(G) proposals that seek to use innovative
implementation mechanisms, including good neighbor
agreements entered into under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
``(H) proposals that seek to reduce the risk of
uncharacteristic wildfire or increase ecological
restoration activities--
``(i) within areas across land ownerships,
including State, Tribal, and private land; and
``(ii) within the wildland-urban interface
(as defined in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6511)); and
``(I) proposals that seek to enhance watershed
health and drinking water sources.''; and
(B) in paragraph (3)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) 4 proposals in any 1 region of the National
Forest System to be funded during any fiscal year;
and'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B);
(4) in subsection (e)(3), by inserting ``conflict
resolution or collaborative governance,'' before ``and woody'';
and
(5) in subsection (f)--
(A) in paragraph (4)(B)(ii), by striking
``$4,000,000'' and inserting ``$8,000,000''; and
(B) in paragraph (6), by striking ``2023'' and
inserting ``2031''.
SEC. 117. UTILIZING GRAZING FOR WILDFIRE RISK REDUCTION.
(a) Strategy.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary concerned, in coordination
with the holders of permits to graze livestock on Federal land
under the jurisdiction of the Secretary concerned and in
consultation with other relevant stakeholders, shall develop a
strategy to utilize livestock grazing as a wildfire risk
reduction tool on Federal land, consistent with the laws
applicable to the Secretary concerned.
(2) Inclusions.--The strategy under paragraph (1) shall
include--
(A) the completion of any reviews required under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to allow permitted grazing on
vacant grazing allotments during instances of drought,
wildfire, or other natural disasters that disrupt
grazing on allotments already permitted;
(B) the use of targeted grazing to reduce hazardous
fuels;
(C) an increased use of temporary permits to
promote targeted fuels reduction and reduction of
invasive annual grasses;
(D) an increased use of livestock grazing--
(i) to eradicate invasive annual grasses;
and
(ii) as a post-fire restoration and
recovery strategy, as appropriate;
(E) an integrated use of advanced technologies to
dynamically adjust livestock placement;
(F) an increased use of any authorities applicable
to livestock grazing, including modifications to
grazing permits or leases to allow variances;
(G) the utilization of grazing on Federal land
under the jurisdiction of the Secretary concerned in a
manner that--
(i) avoids conflicts with other uses of
that Federal land; and
(ii) is consistent with any applicable land
management plan; and
(H) the use of any other means determined to be
appropriate by the Secretary concerned.
(b) Effect on Existing Grazing Programs.--Nothing in this section
affects--
(1) any livestock grazing program carried out by the
Secretary concerned as of the date of enactment of this Act; or
(2) any statutory authority for any program described in
paragraph (1).
SEC. 118. WATER SOURCE PROTECTION PROGRAM.
Section 303 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6542) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Adjacent land.--The term `adjacent land' means non-
Federal land, including State, local, and private land, that is
adjacent to, and within the same watershed as, National Forest
System land on which a watershed protection and restoration
project is carried out under this section.''; and
(C) in paragraph (2) (as so redesignated)--
(i) by redesignating subparagraphs (G) and
(H) as subparagraphs (K) and (L), respectively;
and
(ii) by inserting after subparagraph (F)
the following:
``(G) an acequia association;
``(H) a local, regional, or other public entity
that manages stormwater or wastewater resources or
other related water infrastructure;
``(I) a land-grant mercedes; and
``(J) a local, regional, or other private entity
that has water delivery authority;'';
(2) in subsection (b)--
(A) by inserting ``and adjacent land'' before the
period at the end;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(C) by adding at the end the following:
``(2) Requirements.--A watershed protection and restoration
project under the Program shall be designed--
``(A) to protect and restore watershed health,
water supply and quality, a municipal or agricultural
water supply system, and water-related infrastructure;
``(B) to protect and restore forest health from
insect infestation and disease or wildfire; or
``(C) to advance any combination of the purposes
described in subparagraphs (A) and (B).
``(3) Priorities.--In selecting watershed protection and
restoration projects under the Program, the Secretary shall
give priority to projects that would--
``(A) provide risk management benefits associated
with drought, wildfire, post-wildfire conditions,
extreme weather events, flooding, resilience to climate
change, and watershed and fire resilience, including
minimizing risks to watershed health, water supply and
quality, and water-related infrastructure, including
municipal and agricultural water supply systems;
``(B) support aquatic restoration and conservation
efforts that complement existing or planned forest
restoration or wildfire risk reduction efforts;
``(C) provide quantifiable benefits to water supply
or quality and include the use of nature-based
solutions, such as restoring wetland and riparian
ecosystems;
``(D) include--
``(i) partners with demonstrated capacity
to, and success in, designing and implementing
ecological restoration projects, wildfire risk-
reduction efforts, or post-wildfire restoration
projects; or
``(ii) in the case of communities that have
historically lacked access to adequate
resources, partners with a strong likelihood of
success in designing and implementing a
watershed protection and restoration project;
and
``(E) include--
``(i) a contribution of funds or in-kind
support from non-Federal partners in an amount
greater than the amount required under
subsection (g)(2); or
``(ii) such other characteristics as the
Secretary determines to be appropriate.
``(4) Conditions for projects on adjacent land.--
``(A) In general.--No project or activity may be
carried out under this section on adjacent land, unless
the owner of the adjacent land provides express support
for, and is a willing and engaged partner in, carrying
out that project or activity.
``(B) Effect.--Nothing in this section authorizes
any change in--
``(i) the ownership of adjacent land on
which a project or activity is carried out
under this section; or
``(ii) the management of adjacent land on
which a project or activity is carried out
under this section, except during the carrying
out of that project or activity.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``agreements
with'' and all that follows through the period at the
end and inserting the following: ``agreements with end
water users to protect and restore the condition of
National Forest watersheds and adjacent land that
provide water to--
``(A) end water users; or
``(B) end water users to protect and restore the
condition of National Forest watersheds and adjacent
land that provide water for the benefit of another end
water user.'';
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) in the case of an agreement with a State, a
county, or an Indian tribe for a project carried out on
National Forest System land, a good neighbor agreement
entered into under section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a); or''; and
(C) by adding at the end the following:
``(3) Cooperation with non-federal partners.--The Secretary
shall cooperate with non-Federal partners in carrying out
assessments, planning, project design, and project
implementation under this section.'';
(4) in subsection (d)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Requirements.--A water source management plan shall
be--
``(A) designed to protect and restore ecological
integrity (as defined in section 219.19 of title 36,
Code of Federal Regulations (as in effect on the date
of enactment of this subparagraph));
``(B) based on the best available scientific
information; and
``(C) conducted in a manner consistent with the
forest plan applicable to the National Forest System
land on which the watershed protection and restoration
project is carried out.''; and
(B) by adding at the end the following:
``(4) Reducing redundancy.--An existing watershed plan,
such as a watershed protection and restoration action plan
developed under section 304(a)(3), or other applicable
watershed planning documents approved by the Secretary may be
used as the basis for a water source management plan under this
subsection.'';
(5) in subsection (e)(1), by striking ``purpose of'' in the
matter preceding subparagraph (A) and all that follows through
the period at the end and inserting ``purpose of advancing any
of the purposes described in subsection (b)(2).''; and
(6) in subsection (g)--
(A) in paragraph (2)--
(i) by striking ``at least equal to'' and
inserting ``not less than 20 percent of'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--Subject to subparagraph (B), the
Secretary''; and
(iii) by adding at the end the following:
``(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) at the discretion of
the Secretary.'';
(B) in paragraph (4)--
(i) in subparagraph (B), by striking
``fiscal years 2019 through 2023'' and
inserting ``fiscal years 2025 through 2031'';
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Set-aside for partner participation in
planning and capacity.--Of the amounts made available
under subparagraphs (A) and (B) to carry out this
section for each fiscal year, the Secretary shall use
not less than 10 percent for non-Federal partner
technical assistance participation and capacity-
building efforts in developing or implementing a water
source management plan under subsection (d).''; and
(C) by adding at the end the following:
``(5) In-kind contributions.--The Secretary may include the
value of forest restoration and watershed improvement work
implemented on adjacent land in the project area in determining
in-kind contributions to a project from non-Federal partners
under paragraph (4)(A).''.
SEC. 119. WATERSHED CONDITION FRAMEWORK TECHNICAL CORRECTIONS.
Section 304(a) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6543(a)) is amended--
(1) in paragraph (3)(A), by inserting ``protection and''
before ``restoration'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) to ensure that management activities and
authorizations do not result in long-term degradation of
watershed health or lower the classification under paragraph
(1) of any watershed in a National Forest.''.
SEC. 120. TRIBAL FOREST PROTECTION MANAGEMENT ACTIVITIES AND PROJECTS.
Section 8703 of the Agriculture Improvement Act of 2018 (25 U.S.C.
3115b) is amended--
(1) in the section heading, by striking ``management
demonstration project'' and inserting ``protection management
activities and projects'';
(2) by redesignating subsection (b) as subsection (c);
(3) in subsection (a)--
(A) by striking ``demonstration'';
(B) by striking ``federally recognized'';
(C) by striking ``programs of'' and inserting
``activities and projects under'';
(D) by striking ``5304 et seq.'' and inserting
``5301 et seq.''; and
(E) by striking the subsection designation and
heading and all that follows through ``and the
Secretary'' and inserting the following:
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' means an
Indian Tribe included on the list published by the Secretary of
the Interior under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(2) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Activities and Projects.--The Secretary and the Secretary of
the Interior'';
(4) in subsection (c) (as so redesignated)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (a)'' and inserting ``subsection
(b)''; and
(B) in paragraph (1), by striking ``5304 et seq.''
and inserting ``5301 et seq.''; and
(5) by adding at the end the following:
``(d) Publication of Information.--The Secretary and the Secretary
of the Interior shall--
``(1) not later than 180 days after the date of enactment
of this subsection, make available, in an easily accessible
format and location, on the website of the Department of
Agriculture and the Department of the Interior, respectively, a
list of the types of activities and projects that Indian Tribes
and Tribal organizations may enter into contracts to perform
under subsection (b); and
``(2) update the list under paragraph (1) as necessary.''.
Subtitle C--Litigation Reform
SEC. 121. COMMONSENSE LITIGATION REFORM.
(a) Definitions.--In this section:
(1) Agency document.--The term ``agency document'', with
respect to a fireshed management project, means a record of
decision, decision memorandum, environmental document, or
programmatic environmental document.
(2) Covered agency action.--The term ``covered agency
action'' means--
(A) the establishment of a fireshed management
project by an agency;
(B) the application of a categorical exclusion to a
fireshed management project;
(C) the preparation of any agency document for a
fireshed management project; and
(D) any other agency action as part of a fireshed
management project.
(3) NEPA terms.--The terms ``categorical exclusion'',
``environmental document'', and ``programmatic environmental
document'' have the meanings given those terms in section 111
of the National Environmental Policy Act of 1969 (42 U.S.C.
4336e).
(b) Limitations on Judicial Review.--
(1) Limitations on injunctive relief.--
(A) Temporary delay of covered agency action.--
Notwithstanding any other provision of law, in the case
of a claim arising under Federal law seeking judicial
review of a covered agency action, a court shall not
issue a preliminary injunction against such covered
agency action unless the court determines that--
(i) subject to subparagraph (C), such
preliminary injunction is in the public
interest;
(ii) the balance of equities favors the
plaintiff;
(iii) the plaintiff is likely to succeed on
the merits; and
(iv) the plaintiff is likely to suffer
irreparable injury in the absence of
preliminary relief.
(B) Permanent limit on agency action.--
Notwithstanding any other provision of law, in the case
of a claim arising under Federal law seeking judicial
review of a covered agency action, a court shall not
issue a permanent injunction against such covered
agency action, or an order to otherwise permanently
limit such covered agency action, unless a court
determines that--
(i) subject to subparagraph (C), such
permanent injunction or order is in the public
interest;
(ii) the balance of equities favors the
plaintiff;
(iii) the plaintiff has suffered or will
suffer irreparable injury; and
(iv) no adequate remedy is available at
law.
(C) Public interest determination.--
(i) In general.--In determining under
subparagraphs (A) and (B) whether a preliminary
or permanent injunction against, or other order
with respect to, a covered agency action is in
the public interest, the considerations of the
court shall include--
(I) the purpose for which an agency
is undertaking the fireshed management
project relating to such covered agency
action;
(II) the likelihood that the
fireshed management project will
achieve the stated purpose of the
fireshed management project; and
(III) the short- and long-term
effects of proceeding with the covered
agency action, as compared to delaying
or limiting such covered agency action,
including the potential for significant
increases in wildfire risk or severity
and significant threats to the health
of the ecosystem.
(ii) Weight of public interest factor.--In
determining whether to issue any injunction or
order under subparagraph (A) or (B), a court
shall give significant, but not necessarily
dispositive, weight to its consideration of
whether such order is in the public interest.
(2) Remand.--
(A) In general.--Notwithstanding any other
provision of law, in the case of a claim arising under
Federal law seeking judicial review of a covered agency
action, if the court remands the matter to the agency,
the court shall remand with instructions to carry out,
during the 180-day period beginning on the date of such
remand, such additional actions as may be necessary to
redress any cognizable harm giving rise to such claim.
(B) Vacatur.--
(i) In general.--In remanding a matter to
an agency under subparagraph (A), the court
shall remand with vacatur only if--
(I) the seriousness of any
deficiencies in the covered agency
action weigh in favor of vacatur; and
(II) the court determines that any
disruptive consequences of vacatur,
including the short- and long-term
effects of vacating the covered agency
action or any part of such covered
agency action, do not outweigh the
justification for vacatur.
(ii) Considerations.--In making the
determination described in clause (i)(II), the
court shall consider whether vacatur would
cause--
(I) any significant increases in
wildfire risk or severity, and
(II) any significant threats to the
health of the ecosystem.
(C) Effect of remand on agency.--In the case of a
covered agency action subject to remand without
vacatur, or with partial vacatur, pursuant to this
paragraph, the agency may--
(i) continue to carry out such covered
agency action, or such parts of the covered
agency action as are not vacated, to the extent
that doing so does not interfere with any
additional actions required pursuant to
subparagraph (A); and
(ii) use any format, as appropriate, to
correct an agency document (including a
supplemental environmental document,
memorandum, or errata sheet), provided that
such format is appropriate to the nature of the
deficiency.
(3) Preservation of authority.--Nothing in this section
alters, limits, or displaces the authority of a court to review
a covered agency action under section 706(2) of title 5, United
States Code.
(c) Limitations on Claims.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review of a
covered agency action shall be barred unless--
(1) with respect to an agency document or the application
of a categorical exclusion noticed in the Federal Register,
such claim is filed not later than 150 days after the date of
publication of a notice in the Federal Register of agency
intent to carry out the fireshed management project relating to
such covered agency document or application, unless a shorter
period is specified in such Federal law; or
(2) in the case of an agency document or the application of
a categorical exclusion not described in paragraph (1), if such
agency document or application is otherwise published or
noticed, such claim is filed not later than 150 days after the
date that is the earlier of--
(A) the date on which such agency document or
application is published; and
(B) the date on which such agency document or
application is noticed.
SEC. 122. CONSULTATION ON FOREST PLANS.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a land
management plan approved, amended, or revised under this
section when--
``(A) a new species is listed or critical habitat
is designated under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(B) new information reveals effects of the land
management plan that may affect a species listed or
critical habitat designated under that Act in a manner
or to an extent not previously considered.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the following:
``(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations
(or a successor regulation), on a land use plan approved, amended, or
revised under this section when--
``(1) a new species is listed or critical habitat is
designated under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
``(2) new information reveals effects of the land use plan
that may affect a species listed or critical habitat designated
under that Act in a manner or to an extent not previously
considered.''.
Subtitle D--Prescribed Fire
SEC. 131. PRESCRIBED FIRE ELIGIBLE ACTIVITIES, POLICIES, AND PRACTICES.
(a) Definition of Prescribed Fire.--
(1) In general.--In this section, the term ``prescribed
fire'' means a fire deliberately ignited to burn wildland fuels
in a natural or modified state--
(A) under specified environmental conditions that
are intended to allow the fire--
(i) to be confined to a predetermined area;
and
(ii) to produce the fireline intensity and
rate of spread required to attain planned
resource management objectives; and
(B) in accordance with applicable law (including
regulations).
(2) Exclusion.--In this section, the term ``prescribed
fire'' does not include a fire that is ignited for the primary
purpose of pile burning.
(b) Eligible Activities.--
(1) In general.--The Secretary concerned may carry out
eligible activities described in paragraph (2) for hazardous
fuels management with respect to land under the jurisdiction of
the Secretary concerned.
(2) Description of activities.--The activities referred to
in paragraph (1) are--
(A) with respect to prescribed fires on Federal
land, or on non-Federal land if the Secretary concerned
determines that such activities would benefit resources
on Federal land--
(i) entering into procurement contracts or
cooperative agreements for prescribed fire
activities;
(ii) issuing grants from an existing grant
program to a State, Tribal government, local
government, prescribed fire council, prescribed
burn association, or nonprofit organization for
the implementation of prescribed fires,
including--
(I) carrying out necessary
environmental reviews;
(II) carrying out any site
preparation necessary for implementing
prescribed fires; and
(III) conducting any required pre-
ignition cultural and environmental
surveys; and
(iii) conducting outreach to the public,
Indian Tribes and beneficiaries, and adjacent
landowners;
(B) implementing prescribed fires on non-Federal
land, if the Secretary concerned determines that the
prescribed fire would benefit Federal land, including--
(i) carrying out necessary environmental
reviews;
(ii) carrying out any site preparation
necessary for implementing prescribed fires;
and
(iii) conducting any required pre-ignition
cultural and environmental surveys;
(C) providing training for prescribed fire and
basic smoke management practices to Federal employees
and cooperators;
(D) conducting post-prescribed fire activities,
such as monitoring for hazard trees or reignitions and
invasive species management; and
(E) providing technical or financial assistance to
a State, Tribal government, local government,
prescribed fire council, prescribed burn association,
or nonprofit organization for the purpose of providing
training for prescribed fire or basic smoke management
practices, consistent with any standards developed by
the National Wildfire Coordinating Group or State-
prescribed fire standards.
(3) Prioritization.--
(A) In general.--Subject to subparagraph (B), the
Secretary concerned shall coordinate with the other
Secretary concerned, State and local government
agencies, Indian Tribes, and applicable nongovernmental
organizations to establish prioritization criteria for
carrying out the activities described in paragraph (2).
(B) Requirement.--In establishing criteria under
subparagraph (A), the Secretary concerned shall give
priority to a project that is--
(i) implemented across a large contiguous
area;
(ii) cross-boundary in nature;
(iii) located in an area that is--
(I) within or adjacent to the
wildland-urban interface and identified
as a priority area in a statewide
forest action plan, fireshed
assessment, or community wildfire
protection plan; or
(II) identified as important to the
protection of a Tribal trust resource
or the reserved or treaty rights of an
Indian Tribe;
(iv) on land that is at high or very high
risk of experiencing a wildfire that would be
difficult to suppress;
(v) in an area that is designated as
critical habitat and in need of ecological
restoration or enhancement that can be achieved
with the aid of prescribed fire; or
(vi) supportive of potential operational
delineations or strategic response zones.
(c) Policies and Practices.--The Secretary concerned, in
coordination with State, local, and Tribal governments, shall develop a
prescribed fire operational strategy for each region of the National
Forest System or the Department of the Interior, as applicable, that
describes--
(1) the fire deficit, by region; and
(2) staffing and funding needs to address the fire deficit
described in paragraph (1).
SEC. 132. HUMAN RESOURCES.
(a) Competencies for Firefighters.--The Secretaries, in
coordination with the Fire Executive Council, shall task the National
Wildfire Coordinating Group with the duty to adjust training
requirements to obtain a certification to serve in a supervisory role
for a prescribed fire and any other positions determined to be
necessary by the Secretaries--
(1) in order to reduce the time required to obtain such a
certification; and
(2) such that significant experience, gained exclusively
during a prescribed fire, is required to obtain such a
certification.
(b) Enhancing Interoperability Between Federal and Non-Federal
Practitioners.--
(1) Qualification databases and dispatch systems.--The
Secretaries shall establish, to the extent practicable, a
collaborative process to create mechanisms for non-Federal fire
practitioners to be included in prescribed fire and wildfire
resource ordering and reimbursement processes.
(2) Partnership agreements.--The Secretaries may--
(A) develop partnership agreements for prescribed
fire with all relevant State, Federal, Tribal,
university, and nongovernmental entities that choose to
be included in resource ordering and reimbursement
processes under paragraph (1);
(B) create agreements and structures necessary to
include non-Federal and other nontraditional partners
in direct work with Federal agencies to address
prescribed fires; and
(C) treat any prescribed fire practitioner meeting
the National Wildfire Coordinating Group standards as
eligible to be included in statewide participating
agreements.
SEC. 133. LIABILITY OF PRESCRIBED FIRE MANAGERS.
(a) Training Course.--The Secretaries, in coordination with the
Attorney General of the United States, shall develop a voluntary
training course for employees involved in any activity carried out on
Federal land that is directly related to a prescribed fire in the
course of executing a Federal action.
(b) Requirement.--The training course developed under subsection
(a) shall include a description of--
(1) liability protections afforded to the employees
described in that subsection when acting within the scope of
their employment;
(2) the limits on any liability protections under paragraph
(1); and
(3) any reimbursement available for qualified employees for
professional liability insurance under section 636 of division
A of Public Law 104-208 (5 U.S.C. prec. 5941 note).
SEC. 134. ENVIRONMENTAL REVIEW.
(a) Smoke Management Agencies.--
(1) Policy.--The Secretaries shall ensure that policies,
training, and programs of the Secretaries are consistent with
this subsection--
(A) to facilitate greater use of prescribed fire in
a safe and responsible manner, with appropriate
monitoring to prevent prescribed fires from exceeding
containment; and
(B) to address public health and safety, including
impacts from smoke from wildfires and prescribed fires.
(2) Coordination among federal, tribal, and state air
quality agencies and federal, tribal, and state land management
agencies.--To facilitate the use of prescribed fire on Federal,
State, Tribal, and private land, the Executive Director, in
cooperation with the Environmental Protection Agency, Federal
and State land management agencies, shall coordinate with
State, Tribal, and local air quality agencies that regulate
smoke under the Clean Air Act (42 U.S.C. 7401 et seq.)--
(A) to the maximum extent practicable, to provide
State, Tribal, and local air quality agencies with
guidance, data, imagery, or modeling to support the
development of exceptional event demonstrations in
accordance with sections 50.14 and 51.930 of title 40,
Code of Federal Regulations (or successor regulations);
(B) to develop archives and automated tools to
provide State, Tribal, and local air quality agencies
with the data, imagery, and modeling under subparagraph
(A);
(C) to provide technical assistance, best
practices, or templates to States, Indian Tribes, and
local governments for the use of the State, Indian
Tribe, or local government in approving the use of
prescribed fire under a State, Tribal, or local
government smoke management program;
(D)(i) to promote basic smoke management practices
and other best practices to protect the public from
wildfire smoke;
(ii) to disseminate information about basic smoke
management practices;
(iii) to educate landowners that use prescribed
fire about the importance of--
(I) using basic smoke management practices;
and
(II) including basic smoke management
practices as a component of a prescribed fire
plan; and
(iv) to share with the public information, in
coordination with other public health agencies, about
measures that individuals can take to protect
themselves from wildfire smoke; and
(E) to develop guidance and tools to streamline the
demonstration of a clear causal relationship between
prescribed fire smoke and a related exceedance of a
national ambient air quality standard.
(3) Programs and research.--To address the public health
and safety risk of the expanded use of prescribed fire under
this subtitle, the Secretaries, in coordination with the
Administrator of the Environmental Protection Agency and the
Director of the Centers for Disease Control and Prevention,
shall conduct research to improve or develop--
(A) wildfire smoke prediction models;
(B) smoke impact display tools for the public and
decisionmakers;
(C) appropriate, cost-effective, and consistent
strategies to mitigate the impacts of smoke from
prescribed fire on nearby communities;
(D) consistent nationally and scientifically
supported messages regarding personal protection
equipment for the public; and
(E) prescribed fire activity tracking and emission
inventory systems for planning and post-treatment
accountability.
(b) Development of Landscape-Scale Federal Prescribed Fire Plans.--
(1) Inclusion of landscape-scale prescribed fire plans.--
The Secretary concerned, with respect to units of the National
Forest System and Bureau of Land Management districts with
existing prescribed fire programs--
(A) not later than 1 year after the date of
enactment of this Act, shall determine which of those
units or districts have landscape-scale prescribed fire
plans;
(B) not later than 2 years after the date of
enactment of this Act, shall--
(i) determine whether each plan described
in subparagraph (A) requires revision; and
(ii) establish a schedule for the revision
of each plan described in subparagraph (A) that
requires revision; and
(C) may develop landscape-scale prescribed fire
plans for any units or districts that do not have
landscape-scale prescribed fire plans, as determined
appropriate by the Secretary concerned.
(2) Environmental compliance.--In carrying out paragraph
(1), the Secretary concerned shall--
(A) comply with--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) division A of subtitle III of title
54, United States Code; and
(iv) any other applicable laws; and
(B) consider the site-specific environmental
consequences of the landscape-scale prescribed fire
decisions under this subsection.
(3) Collaborative development.--In carrying out paragraph
(1), the Secretary concerned shall collaborate with diverse
actors from academia, the Forest Service and Bureau of Land
Management research and development offices, nongovernmental
organizations, cultural fire practitioners, and other entities,
as determined appropriate by the Secretary concerned.
(4) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
concerned shall submit to Congress a report describing the
progress of the Secretary concerned in carrying out this
subsection.
SEC. 135. COOPERATIVE AGREEMENTS AND CONTRACTS FOR PRESCRIBED FIRE.
(a) Agreements and Contracts.--
(1) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means a State, an Indian Tribe, a unit
of local government, a fire district, a nongovernmental
organization, and a private entity.
(2) Authorization.--The Secretary and the Secretary of the
Interior may each enter into a cooperative agreement or
contract with an eligible entity, for a period of not longer
than 10 years, that authorizes the eligible entity--
(A) to coordinate, plan, or conduct a prescribed
fire on Federal land; or
(B) to conduct a prescribed fire training event.
(3) Subcontracts.--A State, Indian Tribe, county, or
eligible entity that enters into a cooperative agreement or
contract under paragraph (1) may enter into a subcontract, in
accordance with applicable contracting procedures of the State,
Indian Tribe, county, or eligible entity--
(A) to conduct a prescribed fire on Federal land;
or
(B) to conduct a prescribed fire training event
pursuant to that cooperative agreement or contract.
(4) Applicable law.--A prescribed fire conducted pursuant
to this subsection shall be carried out on a project-by-project
basis under existing authorities of the applicable Federal
agency responsible for the management of the applicable Federal
land.
(5) Preservation of decision authority.--An eligible entity
may not carry out a project under this subsection pursuant to a
cooperative agreement or contract without the prior written
approval of each Secretary that entered into the cooperative
agreement or contract.
(b) Tribal Forest Protection Act of 2004 Amendments.--The Tribal
Forest Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) is
amended by adding at the end the following:
``SEC. 4. TRIBAL PRESCRIBED BURN DEMONSTRATION PROJECT.
``(a) In General.--The Secretary may enter into a contract or
agreement with an Indian Tribe under this Act that provides for
prescribed burns on Federal land pursuant to this section.
``(b) Scope.--Notwithstanding any other provision of law, a
contract or agreement entered into under this section may--
``(1) use a burn plan that, on approval by the Secretary,
allows multiple prescribed burns to be conducted in accordance
with the burn plan to eliminate the need for individual burn
plans for each prescribed burn and enable forest managers to
have the flexibility to conduct prescribed burns when
conditions allow; and
``(2) include terms that--
``(A) authorize the Secretary to delegate their
authority to an Indian Tribe to plan, coordinate, and
execute prescribed burns on the behalf of the Secretary
within the scope of the burn plan including applying
the National Wildfire Coordinating Group standards for
prescribed fire planning and implementation, to the
extent authorized by Federal law;
``(B) any applicable Federal standard that requires
a certain number of personnel to be on-hand during
prescribed burns may be satisfied by regional Federal,
State, or Tribal resources and personnel; and
``(C) where appropriate, the Secretary shall work
with other Federal agencies and Tribal, State, and
local governments to coordinate and communicate the
shared objectives of the prescribed burn and ensure
activities comply with applicable law and
regulations.''.
(c) Cooperative Funds and Deposits Act Amendments.--Public Law 94-
148 (commonly known as the ``Cooperative Funds and Deposits Act'') is
amended--
(1) in the first sentence of the first section (16 U.S.C.
565a-1), by inserting ``prescribed fire and prescribed fire
training events,'' after ``including fire protection,''; and
(2) in section 2 (16 U.S.C. 565a-2), by inserting ``,
section 4 of the Tribal Forest Protection Act of 2004 (Public
Law 108-278; 118 Stat. 868) or section 135(a) of the Fix Our
Forests Act'' after ``authorized by section 1''.
SEC. 136. FACILITATING RESPONSIBLE USE OF PRESCRIBED FIRE.
The Secretary, acting through the Chief of the Forest Service,
shall--
(1) use all available resources to ensure prescribed burns
conducted by the Forest Service are extinguished; and
(2) update the prescribed burn policies of the Forest
Service to reflect the findings and recommendations included in
the report of the Forest Service entitled ``National Prescribed
Fire Program Review'' and dated September 2022.
TITLE II--PROTECTING COMMUNITIES IN WILDLAND-URBAN INTERFACE
Subtitle A--Community Wildfire Risk Reduction
SEC. 201. COMMUNITY WILDFIRE RISK REDUCTION PROGRAM.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretaries shall jointly establish an
interagency program, to be known as the ``Community Wildfire Risk
Reduction Program'' (referred to in this section as the ``Program''),
which shall consist of at least 1 representative from each of the
following:
(1) The Office of Wildland Fire of the Department of the
Interior.
(2) The National Park Service.
(3) The Bureau of Land Management.
(4) The United States Fish and Wildlife Service.
(5) The Bureau of Indian Affairs.
(6) The Forest Service.
(7) The Federal Emergency Management Agency.
(8) The United States Fire Administration.
(9) The National Institute of Standards and Technology.
(10) The National Oceanic and Atmospheric Administration.
(b) Purpose.--The purpose of the Program is to support interagency
coordination in reducing the risk of, and the damages resulting from,
wildland fires in communities (including Tribal communities) in the
wildland-urban interface through--
(1) advancing research and science in wildland fire
resilience, land management, and risk reduction in the built
environment, including support for non-Federal research
partnerships;
(2) supporting the development of fire-resistant building
methods, codes, and standards for community wildland fire risk
reduction, including by promoting ignition-resistant
construction, defensible space, and other measures demonstrated
to effectively reduce wildland fire risks, as informed by the
best available science;
(3) supporting adoption by Indian Tribes and local
governmental entities of fire-resistant building methods,
codes, and standards;
(4) supporting efforts by Indian Tribes and local
governmental entities to address the effects of wildland fire
on those communities, including property damages, air quality,
and water quality;
(5) encouraging public-private partnerships to conduct
hazardous fuels management activities in the wildland-urban
interface, including creating or improving defensible space
around structures;
(6) providing technical and financial assistance targeted
towards communities (including Tribal communities) through
streamlined and unified technical assistance and grant
management mechanisms, including the portal and uniform grant
application established under subsection (c)--
(A) to encourage critical risk-reduction measures
on private property with high wildland fire risk
exposure in those communities; and
(B) to mitigate costs for, and improve capacity
among, those communities;
(7) reducing risk in the built environment by encouraging
increased mitigation measures, such as the use of ignition-
resistant construction and retrofitting materials;
(8) coordinating budgets among the agencies described in
subsection (a) to identify gaps and reduce overlap;
(9) supporting the integration of wildland fire risk
reduction measure and technical assistance into existing
Federal programs, where practicable; and
(10) advancing the development of early wildfire detection
and warning systems for rapid response and community alerts.
(c) Portal and Uniform Grant Application.--
(1) In general.--As part of the Program, the Secretaries
and the Administrator of the Federal Emergency Management
Agency shall establish a portal through which a person may
submit a single, uniform application for any of the following:
(A) A community wildfire defense grant under
section 40803(f) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592(f)).
(B) An emergency management performance grant under
section 662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762).
(C) A grant under section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229).
(D) A grant under section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
(E) Financial or technical assistance or a grant
under section 203, 205, 404, 406, or 420 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5135, 5170c, 5172, 5187).
(2) Simplification of application.--In establishing the
portal and application under paragraph (1), the Secretaries and
the Administrator shall seek to reduce the complexity and
length of the application process for the forms of assistance
described in paragraph (1).
(3) Technical assistance.--The Secretaries shall provide
technical assistance to communities or persons seeking to apply
for financial assistance through the portal using the
application established under paragraph (1).
(d) Duties.--In carrying out this section, the representatives
described in subsection (a) shall--
(1) meet not less frequently than once per year;
(2) ensure coordination, as appropriate, with other Federal
agencies not identified in that subsection; and
(3) seek to gather feedback, as appropriate, from States,
Indian Tribes, local governments, academic or research
institutions, private entities, and such other entities as the
Secretaries determine to be appropriate, to improve the
function and operation of the Program.
(e) Coordination.--The Secretaries shall seek to ensure that States
and Indian Tribes are invited and represented in meetings and other
activities under this section.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretaries shall jointly submit to the relevant
committees of Congress a report that--
(1) describes and itemizes the total amount of funding
relating to community wildfire risk reduction that was
obligated during the 2 preceding fiscal years by the agencies
described in subsection (a);
(2) describes the activities carried out under the Program
since the date of enactment of this Act;
(3) describes any feedback incorporated from non-Federal
stakeholders to improve the function and operation of the
Program; and
(4) includes an evaluation of the Program in achieving the
purposes described in subsection (b).
(g) Sunset.--The Program terminates on the date that is 7 years
after the date of enactment of this Act.
SEC. 202. COMMUNITY WILDFIRE DEFENSE RESEARCH PROGRAM.
(a) In General.--The Secretaries, acting jointly, shall expand the
Joint Fire Science Program to include a performance-driven research and
development program, to be known as the ``Community Wildfire Defense
Research Program'' (referred to in this section as the ``Program''),
for the purpose of testing and advancing innovative designs to
establish or improve the wildfire resistance of structures and
communities.
(b) Program Priorities.--In carrying out the Program, the
Secretaries shall evaluate opportunities to establish wildfire-
resistant structures and communities through--
(1) different affordable building materials, including mass
timber;
(2) home hardening, including policies to incentivize and
incorporate defensible space;
(3) subdivision design and other land-use planning and
design;
(4) landscape architecture; and
(5) other wildfire-resistant designs, as determined by the
Secretary.
(c) Community Wildfire Defense Innovation Prize.--
(1) In general.--In carrying out the Program, the
Secretaries shall carry out a competition through which a
person may submit to the Secretaries innovative designs for the
establishment or improvement of an ignition-resistant structure
or fire-adapted community.
(2) Prize.--Subject to the availability of appropriations
made in advance for that purpose, the Secretaries may award a
prize under the competition described in paragraph (1), based
on criteria established by the Secretaries and in accordance
with paragraph (3).
(3) Scale.--In awarding a prize under paragraph (2), the
Secretaries shall prioritize for an award designs with the
greatest potential to scale to existing infrastructure.
(d) Collaboration and Nonduplication.--In carrying out the Program,
the Secretaries shall ensure collaboration and nonduplication of
activities with the Building Technologies Office of the Department of
Energy.
(e) Sunset.--The Program terminates on the date that is 7 years
after the date of enactment of this Act.
SEC. 203. COMMUNITY WILDFIRE DEFENSE ACCOUNTABILITY.
Not later than 2 years after the date of enactment of this Act, and
not less frequently than once every 2 years thereafter, the
Secretaries, acting through the United States Fire Administration,
shall submit to the relevant committees of Congress an assessment of
the Community Wildfire Risk Reduction Program established under section
201(a) that--
(1) assesses the management, coordination, implementation,
and effectiveness of program activities;
(2) suggests improvements for improving the coordination
and engagement of the program with States, Indian Tribes, units
of local government, and at-risk communities;
(3) assesses trends and developments in science and
engineering relating to wildfire risk reduction in the built
environment, land use planning, and vegetation management that
could be used to improve the effectiveness or efficiency of the
program;
(4) provides recommendations to improve the ability of the
program to provide financial or technical assistance to States,
Indian Tribes, units of local government, and at-risk
communities;
(5) identifies opportunities to modify existing
requirements for Federal assistance or programs that support
community wildfire risk reduction to improve the delivery,
effectiveness, or availability of those assistance or programs;
and
(6) includes policy and program recommendations to improve
that program, as determined by the United States Fire
Administration.
SEC. 204. COMMUNITY WILDFIRE DEFENSE GRANT PROGRAM IMPROVEMENTS.
Section 40803(f) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(f)) is amended--
(1) by striking paragraph (1)(B), and inserting the
following:
``(B) to carry out projects including--
``(i) landscape and hazardous fuels
reduction treatments;
``(ii) the retrofit, modification, or
maintenance of a structure to improve
resistance to fire;
``(iii) creating defensible space around
structures to improve resistance to fire;
``(iv) hardening infrastructure, including
evacuation routes, to improve resistance to
fire;
``(v) any other project described in a
community wildfire protection plan that is not
more than 10 years old; and
``(vi) deployment of wildfire technologies
determined to be successful under section 303
of the Fix Our Forests Act.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) located in a fireshed management area (as
defined in section 2 of the Fix Our Forests Act).'';
and
(3) in paragraph (3)--
(A) in subparagraph (C)(i), by striking
``continental''; and
(B) by adding at the end the following:
``(D) Limitation on administrative expenses.--Not
more than 7 percent of funds obligated under this
section may be used for administrative expenses
incurred by the Secretary of Agriculture or an at-risk
community.''.
SEC. 205. UPDATED DEFINITION OF AT-RISK COMMUNITY.
Section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511) is amended by striking paragraph (1) and inserting the
following:
``(1) At-risk community.--The term `at-risk community'
means an area that is composed of--
``(A) an interface community (as defined in the
notice entitled `Wildland Urban Interface Communities
Within the Vicinity of Federal Lands That Are at High
Risk From Wildfire' (66 Fed. Reg. 753 (January 4,
2001)) issued by the Secretary of Agriculture and the
Secretary of the Interior in accordance with title IV
of the Department of the Interior and Related Agencies
Appropriations Act, 2001 (114 Stat. 1009));
``(B) a group of homes and other structures with
basic infrastructure and services (such as utilities
and collectively maintained transportation routes) at
risk from wildfire, as recognized in a fireshed, State,
Tribal, local, regional, territorial, or national
wildfire risk assessment; or
``(C) a group of homes and other structures with
basic infrastructure and services (such as utilities
and collectively maintained transportation routes)
located inside, or within 5 miles of, a Wildfire Crisis
Strategy landscape, as determined by the Secretary of
Agriculture.''.
Subtitle B--Vegetation Management, Reforestation, and Local Fire
Suppression
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
(a) Hazard Trees Within 150 Feet of Electric Power Line.--Section
512(a)(1)(B) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(a)(1)(B)) is amended--
(1) in the matter preceding clause (i), by striking
``likely to--'' and inserting ``likely--'';
(2) in clause (i), by inserting ``to'' after the clause
designation; and
(3) in clause (ii), by striking ``come within 10'' and
inserting ``to come within 150''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with a private landowner
with respect to any hazard trees identified for
removal from land owned by the private
landowner.''.
(c) Review and Approval Process.--Section 512(c)(4)(A) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(4)(A)) is amended by striking clause (iv) and inserting the
following:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved by the date
that is 120 days after the date of
submission; and
``(II) for a plan submitted with a
modification under clause (iii), if the
plan is not approved by the date that
is 120 days after the date of
submission, the Secretary concerned
shall develop and submit to the owner
and operator a letter describing--
``(aa) a detailed timeline
(to conclude by the date that
is 165 days after the date of
submission of the plan) for
completing review of the plan;
``(bb) any identified
deficiencies in the plan and
specific opportunities for the
owner or operator to address
each deficiency; and
``(cc) any other relevant
information, as determined by
the Secretary concerned.''.
(d) Technical Corrections.--Section 512 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1772) is amended--
(1) in the section heading, by striking ``managment'' and
inserting ``management''; and
(2) in subsection (c)(4)(A)(ii), by striking ``and'' at the
end.
(e) Vegetation Management Plan Review.--Not later than 180 days
after the date of enactment of this Act, the Secretaries shall submit
to the relevant committees of Congress a report describing, with
respect to vegetation management plans submitted under section 512 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772)--
(1) the extent to which those vegetation management plans
under are reviewed and approved within the 120-day period
required under subsection (c)(4)(A)(iv) of that section;
(2) for any vegetation management plan not reviewed and
approved by the applicable deadline described in paragraph (1),
the reason for any delay in review or approval; and
(3) for any vegetation management plan submitted for review
and approval for which the Secretary concerned requested a
modification, the timeline for reviewing the modification on
resubmission.
SEC. 212. FIRE-SAFE ELECTRICAL CORRIDORS.
Section 512 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Permits and Agreements With Owners and Operators of Electric
Transmission or Distribution Facilities.--
``(1) In general.--In any special use permit or easement on
National Forest System land or land under the jurisdiction of
the Bureau of Land Management provided to the owner or operator
of an electric transmission or distribution facility, the
Secretary concerned may provide permission to cut and remove
trees or other vegetation from within the vicinity of the
electric transmission or distribution facility without
requiring a separate timber sale, if that cutting and removal
is consistent with--
``(A) the applicable plan;
``(B) the applicable land and resource management
plan or land use plan; and
``(C) other applicable environmental laws
(including regulations).
``(2) Use of proceeds.--A special use permit or easement
that includes permission for cutting and removal described in
paragraph (1) shall include a requirement that, if the owner or
operator of the electric transmission or distribution facility
sells any portion of the material removed under the permit or
easement, the owner or operator shall provide to the Secretary
concerned any proceeds received from the sale, less any
transportation costs incurred in the sale.
``(3) Effect.--Nothing in paragraph (2) shall require the
sale of any material removed under a permit or easement that
includes permission for cutting and removal described in
paragraph (1).''.
SEC. 213. CATEGORICAL EXCLUSION FOR HIGH-PRIORITY HAZARD TREES.
(a) Definitions.--In this section:
(1) High-priority hazard tree.--The term ``high-priority
hazard tree'' means a standing tree that--
(A) presents a visible hazard to people or Federal
property due to conditions such as deterioration of, or
damage to, the root system, trunk, stem, or limbs of
the tree, or the direction or lean of the tree, as
determined by the Secretary;
(B) is determined by the Secretary to be highly
likely to fail and, on failure, would be highly likely
to cause injury to people or damage to Federal
property; and
(C) is located--
(i) within 300 feet of a National Forest
System road with a maintenance level of 3, 4,
or 5;
(ii) along a National Forest System trail;
or
(iii) in a developed recreation site on
National Forest System land that is operated
and maintained by the Secretary.
(2) High-priority hazard tree activity.--
(A) In general.--The term ``high-priority hazard
tree activity'' means a forest management activity that
mitigates the risks associated with high-priority
hazard trees, including pruning, felling, and disposal
of a high-priority hazard tree.
(B) Exclusions.--The term ``high-priority hazard
tree activity'' does not include any activity--
(i) conducted in a wilderness area or
wilderness study area;
(ii) for the construction of a permanent
road or permanent trail;
(iii) conducted on Federal land on which,
by Act of Congress or Presidential
proclamation, the removal of vegetation is
restricted or prohibited;
(iv) conducted in an area in which
activities described in subparagraph (A) would
be inconsistent with the applicable land and
resource management plan; or
(v) conducted in an inventoried roadless
area.
(b) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
categorical exclusion (as defined in 111 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for high-
priority hazard tree activities.
(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion.
(3) Project size limitation.--A project carried out using
the categorical exclusion developed under paragraph (1) may not
exceed 6,000 acres.
SEC. 214. SEEDS OF SUCCESS STRATEGY.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall jointly develop and
implement a strategy, to be known as the ``Seeds of Success strategy'',
to enhance the domestic supply chain of seeds.
(b) Elements.--The strategy developed under subsection (a) shall
include a plan for each of the following:
(1) Facilitating sustained interagency coordination in, and
a comprehensive approach to, native plant materials development
and restoration.
(2) Promoting the re-seeding of native or fire-resistant
vegetation post-wildfire, particularly in the wildland-urban
interface.
(3) Creating and consolidating information relating to
native or fire-resistant vegetation and sharing that
information with Indian Tribes and State and local governments.
(4) Building regional programs and partnerships to promote
the development of materials made from plants native to the
United States and restore those plants to their respective,
native habitats within the United States, giving priority to
the building of those programs and partnerships in regions of
the Bureau of Land Management where the partnerships and
programs do not exist on the date of enactment of this Act.
(5) Expanding workforce and infrastructure capacity to
locally collect, process, and store seed as necessary to
implement revegetation and reforestation projects on priority
land (as defined in section 215(b)(1)).
(6) Expanding the warehouse system of the Bureau of Land
Management, particularly the cold storage capacity of the
system.
(7) Shortening the timeline for the approval of permits to
collect seeds on public land managed by the Bureau of Land
Management.
(8) Coordinating with the other Federal agencies, States,
Indian Tribes, and private entities, as appropriate, for the
purpose of seed collection.
(c) Report.--The Secretaries shall submit to the relevant
committees of Congress the strategy developed under subsection (a).
(d) Coordination.--In implementing the strategy developed under
subsection (a), the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall coordinate with the
heads of other applicable Federal agencies, including the Department of
Defense, for the purpose of collecting seeds from land under the
jurisdiction under those Federal agencies.
SEC. 215. PROGRAM TO SUPPORT PRIORITY REFORESTATION AND RESTORATION
PROJECTS.
(a) Reforestation Reports Submitted to Additional Committees.--
Section 70303 of the Infrastructure Investment and Jobs Act (16 U.S.C.
1601 note; Public Law 117-58) is amended, in the matter preceding
paragraph (1), by striking inserting ``, the Committee on Energy and
Natural Resources of the Senate, the Committee on Natural Resources of
the House of Representatives,'' after ``Senate''.
(b) Interior Reforestation Program.--
(1) Definitions.--In this subsection:
(A) Covered institution of higher education.--The
term ``covered institution of higher education'' means
a land-grant college or university, including--
(i) an 1862 Institution (as defined in
section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7601));
(ii) an 1890 Institution (as defined in
that section);
(iii) an institution that is eligible to
receive funding under Public Law 87-788
(commonly known as the ``McIntire-Stennis Act
of 1962''); and
(iv) a 1994 Institution (as defined in
section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382)).
(B) Natural regeneration; reforestation; unplanned
event.--The terms ``natural regeneration'',
``reforestation'', and ``unplanned event'' have the
meanings given those terms in section 3(e)(4)(A) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1601(e)(4)(A)).
(C) Priority land.--The term ``priority land''
means historically forested land under the jurisdiction
of the Secretary concerned that, due to an unplanned
event--
(i) requires reforestation to meet the
objectives described in an applicable land use
plan; and
(ii) is unlikely to experience natural
regeneration.
(2) Program establishment.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior
shall establish a program to implement reforestation projects
on priority land identified under paragraph (4)(A), in
accordance with this section.
(3) Support.--In carrying out the program established under
paragraph (2), the Secretary may enter into--
(A) cooperative agreements in accordance with
processes established by the Secretary; and
(B) contracts, including contracts entered into
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
(4) Annual identification of priority projects.--Not later
than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of the Interior shall--
(A) identify priority land within the United
States;
(B) establish a list of reforestation projects on
priority land for the upcoming year, which may include
activities to ensure adequate and appropriate seed and
seedling availability to further the objectives of
other priority projects; and
(C) estimate the costs necessary to implement the
list established under subparagraph (B).
(5) Consultation.--In carrying out the program under this
subsection, the Secretary shall consult or coordinate with, as
appropriate--
(A) applicable State and local governments;
(B) applicable Indian Tribes;
(C) covered institutions of higher education;
(D) Federal agencies that administer Federal land
that adjoins, or is adjacent to, land that is the
subject of a project identified under paragraph (4)(B);
and
(E) other stakeholders, at the discretion of the
Secretary.
(6) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for each of the
following 6 years, the Secretary of the Interior shall submit
to the relevant committees of Congress, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report that
includes the following, with respect to the period covered by
the report:
(A) An accounting of all priority land.
(B) A list of projects identified under paragraph
(4)(B).
(C) An accounting of any progress made on projects
identified in any previous report under this paragraph.
(D) An accounting of each contract and cooperative
agreement established under the program under this
subsection.
(E) The amounts necessary to be appropriated, in
addition to amounts available from other sources, to
implement reforestation projects on all priority land
by not later than 10 years after the date of submission
of the report.
(7) Nonduplication.--In carrying out this section, the
Secretary of the Interior shall collaborate with the Secretary
and the Secretary of Defense to ensure the nonduplication of
activities carried out under section 214.
SEC. 216. REFORESTATION, NURSERIES, AND GENETIC RESOURCES SUPPORT.
(a) Definitions.--In this section:
(1) Eligible recipient.--The term ``eligible recipient''
means--
(A) a State forestry agency;
(B) an Indian Tribe; and
(C) a private nursery that has experience, as
determined by the Secretary, in growing high-quality
native trees of appropriate genetic sources in bareroot
or container stocktypes specific for reforestation,
restoration, or conservation, including native plants
and seeds that are of cultural significance to Indian
Tribes.
(2) Nursery.--The term ``nursery'' means a tree or native
plant nursery.
(3) Seed orchard.--The term ``seed orchard'' means a tree
or native plant seed orchard.
(4) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any territory or possession of the United
States.
(b) Partnerships, Collaboration, and Other Assistance in Support of
Nurseries and Seed Orchards.--The Secretary, acting through the Chief
of the Forest Service, shall--
(1) partner with Federal and State agencies, Indian Tribes,
institutions of higher education, and private nurseries to
provide training, technical assistance, and research to nursery
and tree establishment programs that support natural
regeneration, reforestation, agroforestry, and afforestation;
(2) promote information-sharing to improve technical
knowledge and practices and understand demands, climate change
impacts, and other issues as necessary to address all facets of
the reforestation supply chain;
(3) provide technical and financial assistance to
international nursery and tree establishment programs through
the Forest Service International Programs, the Institute of
Pacific Islands Forestry, and the International Institute of
Tropical Forestry;
(4) collaborate with other relevant Federal departments and
agencies, including the Foreign Agricultural Service, the
United States Agency for International Development, and the
United States Fish and Wildlife Service, and international
organizations, including the Food and Agriculture Organization
of the United Nations, to provide technical and financial
assistance relating to nurseries and reforestation;
(5) coordinate the efforts of the Department of
Agriculture--
(A) to address the challenges associated with the
reforestation supply chain; and
(B) to leverage economic development assistance for
work with private nurseries; and
(6) expand reforestation supply chains through science and
research, seed collection and storage, and nursery
infrastructure and operations.
(c) Nursery and Seed Orchard Grants.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish or expand
an existing program to provide grants to eligible recipients to
support nurseries and seed orchards.
(2) Eligible projects.--An eligible recipient that receives
a grant under paragraph (1) shall carry out a project that
comprises 1 or more of the following activities:
(A) The development, expansion, enhancement, or
improvement of nursery production capacity or other
infrastructure--
(i) to improve seed collection and storage;
(ii) to increase seedling production,
storage, and distribution; or
(iii) to enhance seedling survival and
properly manage tree genetic resources.
(B) The establishment or expansion of a nursery or
seed orchard, including by acquiring equipment for a
nursery or seed orchard.
(C) The development or implementation of quality
control measures at nurseries or seed orchards.
(D) The promotion of workforce development within
any facet of the reforestation pipeline.
(E) Such other activities as the Secretary
determines to be appropriate.
SEC. 217. FIRE DEPARTMENT REPAYMENT.
(a) Establishment of Standard Operating Procedures.--Not later than
1 year after the date of enactment of this Act, the Secretaries shall--
(1) establish standard operating procedures relating to
payment timelines for fire suppression cost-share agreements
established under section 2 of the Act of May 27, 1955 (42
U.S.C. 1856a) (commonly known as the ``Reciprocal Fire
Protection Act''); and
(2) with respect to each fire suppression cost-share
agreement in operation on that date--
(A) review the agreement; and
(B) modify the agreement as necessary to comply
with the standard operating procedures established
under paragraph (1).
(b) Alignment of Agreements.--The standard operating procedures
under subsection (a)(1) shall include a requirement that each fire
suppression cost-share agreement shall be aligned with each cooperative
fire protection agreement applicable to the entity subject to the fire
suppression cost-share agreement.
(c) Payments.--With respect to payments made pursuant to a fire
suppression cost-share agreement, the standard operating procedures
under subsection (a)(1) shall require that the Federal paying entity
shall reimburse a local fire department or a State wildland firefighter
agency if that entity submits to the Federal paying entity an invoice
in accordance with applicable cost settlement procedures.
(d) Sense of Congress.--It is the sense of Congress that the
Secretaries should carry out reciprocal fire suppression cost-share
agreement repayments to local fire suppression organizations and State
wildland firefighting agencies as soon as practicable, but not later
than 1 year, after the date on which the applicable fire suppression
occurs.
TITLE III--TRANSPARENCY, TECHNOLOGY, AND PARTNERSHIPS
Subtitle A--Transparency and Technology
SEC. 301. BIOCHAR INNOVATIONS AND OPPORTUNITIES FOR CONSERVATION,
HEALTH, AND ADVANCEMENTS IN RESEARCH.
(a) Definitions.--In this section:
(1) Biochar.--The term ``biochar'' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for a nonfuel use.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State, Tribal, or local government;
(B) a special district;
(C) an eligible institution;
(D) a public, private, or cooperative entity or
organization;
(E) a National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801));
and
(F) a partnership or consortium of 2 or more
entities described in subparagraphs (A) through (E).
(3) Eligible institution.--The term ``eligible
institution'' means a land-grant college or university,
including--
(A) an 1862 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
(B) an 1890 Institution (as defined in that
section);
(C) an institution that is eligible to receive
funding under Public Law 87-788 (commonly known as the
``McIntire-Stennis Act of 1962''); and
(D) a 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)).
(4) Feedstock.--The term ``feedstock'' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary, acting through the Chief of the
Forest Service;
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management; and
(C) the Secretary of Energy, acting through the
Director of the Office of Science.
(b) Demonstration Projects.--
(1) Establishment.--
(A) In general.--Subject to the availability of
appropriations made in advance for that purpose, not
later than 2 years after the date of enactment of this
Act, the Secretaries shall establish a program under
which the Secretaries shall enter into partnerships
with eligible entities to carry out demonstration
projects to support the development and
commercialization of biochar in accordance with this
subsection.
(B) Location.--In carrying out the program
established under subparagraph (A), the Secretaries
shall, to the maximum extent practicable, enter into
partnerships with eligible entities in a manner that
ensures that--
(i) at least 1 demonstration project is
carried out in each region of the Forest
Service; and
(ii) at least 1 demonstration project is
carried out in each region of the Bureau of
Land Management.
(2) Proposals.--To be eligible to enter into a partnership
under paragraph (1)(A), an eligible entity shall submit to the
Secretaries a proposal at such time, in such manner, and
containing such information as the Secretaries may require.
(3) Priority.--In selecting proposals under paragraph (2),
the Secretaries shall give priority to entering into
partnerships with eligible entities that submit proposals to
carry out biochar demonstration projects that--
(A) have the most potential to improve forest
health and resiliency;
(B) have the most potential to create new jobs and
contribute to local economies, particularly in rural
areas;
(C) have the most potential to demonstrate--
(i) new and innovative uses of biochar;
(ii) market viability for cost-effective
biochar-based products;
(iii) the restorative benefits of biochar
with respect to forest health and resiliency,
including forest soils and watersheds; or
(iv) any combination of the purposes
described in clauses (i) through (iii);
(D) are located in areas that have a high need for
biochar production, as determined by the Secretaries,
due to--
(i) nearby land identified as having high,
very high, or extreme risk of wildfire;
(ii) availability of sufficient quantities
of feedstocks; or
(iii) a high level of demand for biochar or
other commercial byproducts of biochar; or
(E) satisfy any combination of the purposes
described in subparagraphs (A) through (D).
(4) Use of funds.--In carrying out the program established
under paragraph (1)(A), the Secretaries may enter into
partnerships and provide funding to the partnerships to carry
out demonstration projects--
(A) to acquire and test various feedstocks and the
efficacy of those feedstocks;
(B) to develop and optimize commercially and
technologically viable biochar production units,
including mobile and permanent units;
(C) to demonstrate--
(i) the production of biochar from forest
residue; and
(ii) the use of biochar to restore forest
health and resiliency;
(D) to build, expand, or establish biochar
facilities;
(E) to conduct research relating to new and
innovative uses of biochar;
(F) to demonstrate cost-effective market
opportunities for biochar and biochar-based products;
(G) to carry out any other activities the
Secretaries determine to be appropriate; or
(H) to achieve any combination of the purposes
described in subparagraphs (A) through (G).
(5) Feedstock requirements.--To the maximum extent
practicable, an eligible entity that carries out a biochar
demonstration project under this subsection shall derive not
less than 50 percent of the feedstock used under the project
from forest thinning and management activities, including mill
residues, conducted on National Forest System land or public
land.
(6) Review.--
(A) In general.--The Secretaries shall conduct
regionally specific research, including economic
analyses and lifecycle assessments, relating to any
biochar produced from a demonstration project carried
out under the program established under paragraph
(1)(A), including--
(i) the effects of that biochar on--
(I) forest health and resiliency;
(II) carbon capture and
sequestration, including increasing
soil carbon in the short-term and long-
term;
(III) productivity, reduced input
costs, and water retention in
agricultural practices;
(IV) the health of soil and
grasslands used for grazing activities,
including grazing activities on
National Forest System land and public
land; and
(V) environmental remediation
activities, including abandoned mine
land remediation;
(ii) the effectiveness of biochar as a
coproduct of biofuels or in biochemicals; and
(iii) the effectiveness of other potential
uses of biochar to determine if any such use is
technologically and commercially viable.
(B) Coordination.--The Secretaries, to the maximum
extent practicable, shall provide data, analyses, and
other relevant information collected under subparagraph
(A) to recipients of grants under subsection (c).
(7) Limitation on funding for establishing biochar
facilities.--The amount provided by the Secretaries under this
subsection to an eligible entity for establishing a biochar
facility may not exceed 35 percent of the total capital cost of
establishing that facility.
(c) Biochar Research and Development Grant Program.--
(1) Establishment.--The Secretary of the Interior, in
consultation with the Secretary of Energy, shall establish, or
expand an existing, applied biochar research and development
grant program to provide to eligible institutions grants, on a
competitive basis, to carry out the activities described in
paragraph (3).
(2) Applications.--To be eligible to receive a grant under
this subsection, an eligible institution shall submit to the
Secretary of the Interior a proposal at such time, in such
manner, and containing such information as the Secretary of the
Interior may require.
(3) Use of funds.--An eligible institution that receives a
grant under this subsection shall use the grant funds to
conduct applied research relating to--
(A) the effect of biochar on forest health and
resiliency, taking into account variations in biochar,
soil, climate, and other factors;
(B) the effect of biochar on soil health and water
retention, taking into account variations in biochar,
soil, climate, and other factors;
(C) the long-term carbon sequestration potential of
biochar;
(D) best management practices with respect to
biochar and biochar-based products that maximize--
(i) carbon sequestration benefits; and
(ii) the commercial viability and
application of those products in forestry,
agriculture, environmental remediation, water
quality improvement, and any other similar
uses, as determined by the Secretary of the
Interior;
(E) the regional uses of biochar to increase
productivity and profitability, including--
(i) uses in agriculture and environmental
remediation; and
(ii) use as a coproduct in fuel production;
(F) new and innovative uses for biochar byproducts;
and
(G) opportunities to expand markets for biochar and
create related jobs, particularly in rural areas.
(d) Reports.--
(1) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretaries shall submit to
Congress a report that--
(A) includes policy and program recommendations to
improve the widespread use of biochar;
(B) identifies any area of research needed to
advance biochar commercialization; and
(C) identifies barriers to advancing biochar
commercialization, including permitting and siting
considerations.
(2) Materials submitted in support of president's budget.--
Beginning with the second fiscal year that begins after the
date of enactment of this Act, and annually thereafter until
the date described in subsection (e), the Secretaries shall
include in the materials submitted to Congress in support of
the President's budget pursuant to section 1105 of title 31,
United States Code, a report describing, for the fiscal year
covered by the report, the status of--
(A) each demonstration project carried out under
subsection (b); and
(B) each research and development grant provided
under subsection (c).
(e) Sunset.--The authority to carry out this section terminates on
the date that is 7 years after the date of enactment of this Act.
SEC. 302. ACCURATE HAZARDOUS FUELS REDUCTION REPORTS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means any land
under the jurisdiction of--
(A) the Secretary; or
(B) the Secretary of the Interior.
(2) Hazardous fuels reduction activity.--
(A) In general.--The term ``hazardous fuels
reduction activity'' means any vegetation management
activity to reduce the risk of wildfire, including
mechanical treatments, grazing, and prescribed burning.
(B) Exclusion.--The term ``hazardous fuels
reduction activity'' does not include the provision or
execution of a contract to carry out an activity
described in subparagraph (A).
(b) Materials Submitted in Support of President's Budget.--
(1) In general.--Beginning with the first fiscal year that
begins after the date of enactment of this Act, and annually
thereafter, the Secretary concerned shall include in the
materials submitted to Congress in support of the President's
budget pursuant to section 1105 of title 31, United States
Code, a report describing the number of acres of Federal land
on which the Secretary concerned carried out hazardous fuels
reduction activities during the preceding fiscal year, as
determined using--
(A) the methodology of the Secretary concerned in
effect on the day before the date of enactment of this
Act; and
(B) the methodology described in paragraph (2).
(2) Requirements.--For purposes of a report required under
paragraph (1), the Secretary concerned shall--
(A) in determining the number of acres of Federal
land on which the Secretary concerned carried out
hazardous fuels reduction activities during the period
covered by the report--
(i) record acres of Federal land on which
hazardous fuels reduction activities were
completed during that period; and
(ii) record each acre described in clause
(i) once in the report, regardless of whether
multiple hazardous fuels reduction activities
were carried out on that acre during the
applicable period; and
(B) with respect to the acres of Federal land
recorded in the report, include information relating
to--
(i) which acres are located in the
wildland-urban interface;
(ii) the level of wildfire risk (high,
moderate, or low) of the acres on the first and
last day of the period covered by the report;
(iii) the types of hazardous fuels
reduction activities completed with respect to
the acres, including a description of whether
those hazardous fuels reduction activities were
conducted--
(I) in a wildfire managed for
resource benefits; or
(II) through a planned hazardous
fuels reduction project;
(iv) the cost per-acre of the hazardous
fuels reduction activities carried out during
the period covered by the report;
(v) the region or System unit in which the
acres are located; and
(vi) the effectiveness of the hazardous
fuels reduction activities with respect to
reducing the risk of wildfire.
(3) Transparency.--The Secretary concerned shall make each
report submitted under paragraph (1) publicly available on the
website of the Department of Agriculture or the Department of
the Interior, as applicable.
(c) Accurate Data Collection.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary concerned shall implement
standardized procedures for tracking data relating to hazardous
fuels reduction activities carried out by the Secretary
concerned.
(2) Elements.--The standardized procedures required under
paragraph (1) shall include--
(A) regular, standardized data reviews of the
accuracy and timely input of data used to track
hazardous fuels reduction activities;
(B) verification methods that validate whether
those data accurately correlate to the hazardous fuels
reduction activities carried out by the Secretary
concerned;
(C) an analysis of the short- and long-term
effectiveness of the hazardous fuels reduction
activities on reducing the risk of wildfire; and
(D) for hazardous fuels reduction activities that
occur partially within the wildland-urban interface,
methods to distinguish which acres are located within
the wildland-urban interface and which acres are
located outside the wildland-urban interface.
(3) Report.--Not later than 14 days after implementing the
standardized procedures required under paragraph (1), the
Secretary concerned shall submit to Congress a report that
describes--
(A) the standardized procedures; and
(B) any programmatic or policy recommendations to
Congress to address limitations in tracking data
relating to hazardous fuels reduction activities under
this subsection.
(d) GAO Study.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study regarding the implementation of this
section, including any limitations with respect to--
(A) reporting hazardous fuels reduction activities
under subsection (b); or
(B) tracking data relating to hazardous fuels
reduction activities under subsection (c); and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
(e) No Additional Funds Authorized.--
(1) In general.--No additional funds are authorized to
carry out this section.
(2) Subject to appropriations.--The activities authorized
by this section are subject to the availability of
appropriations made in advance for those purposes.
SEC. 303. PUBLIC-PRIVATE WILDFIRE TECHNOLOGY DEPLOYMENT AND
DEMONSTRATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means--
(A) each Federal land management agency (as defined
in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801));
(B) the Department of Defense;
(C) the Bureau of Indian Affairs;
(D) the National Oceanic and Atmospheric
Administration;
(E) the Federal Emergency Management Agency;
(F) the National Aeronautics and Space
Administration;
(G) the United States Fire Administration;
(H) a State, Tribal, county, or municipal fire
department or district operating through the United
States Fire Administration or pursuant to an agreement
with a Federal agency; and
(I) any other Federal agency involved in wildfire
response.
(2) Covered entity.--The term ``covered entity'' means--
(A) a private entity;
(B) a nonprofit organization; and
(C) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(3) Pilot program.--The term ``Pilot Program'' means the
deployment and demonstration pilot program established under
subsection (b).
(4) Secretaries.--The term ``Secretaries'' means the
Secretary and the Secretary of the Interior, acting jointly.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretaries, in coordination with the heads
of the covered agencies, shall establish a deployment and demonstration
pilot program for new and innovative wildfire prevention, detection,
communication, and mitigation technologies.
(c) Functions.--In carrying out the Pilot Program, the Secretaries
shall--
(1) incorporate the Pilot Program into the National
Wildfire Coordinating Group;
(2) in consultation with the heads of the covered agencies,
identify and advance the demonstration and deployment of key
technology priority areas with respect to the deployment of
wildfire prevention, detection, communication, and mitigation
technologies, including--
(A) hazardous fuels reduction activities or
treatments;
(B) dispatch communications;
(C) remote sensing, detection, and tracking;
(D) safety equipment;
(E) common operating pictures or operational
dashboards; and
(F) interoperable commercial data; and
(3) connect each covered entity selected to participate in
the Pilot Program with the appropriate covered agency to
coordinate real-time and on-the-ground testing of technology
during wildfire mitigation activities and training.
(d) Applications.--To be eligible to participate in the Pilot
Program, a covered entity shall submit to the Secretaries an
application at such time, in such manner, and containing such
information as the Secretaries may require, including a proposal to
demonstrate technologies specific to key technology priority areas
identified under subsection (c)(2).
(e) Prioritization of Emerging Technologies.--In selecting covered
entities to participate in the Pilot Program, the Secretaries shall
give priority to covered entities that--
(1) have participated in the Fire Weather Testbed of the
National Oceanic and Atmospheric Administration; or
(2) propose in the application under subsection (d) to
develop and apply emerging technologies for wildfire
mitigation, including artificial intelligence, quantum sensing,
computing and quantum-hybrid applications, satellite detection,
augmented reality, 5G private networks, and device-to-device
communications supporting nomadic mesh networks and detection.
(f) Outreach.--The Secretaries, in coordination with the heads of
the covered agencies, shall make publicly available the key technology
priority areas identified under subsection (c)(2) and invite covered
entities to apply under subsection (d) to deploy and demonstrate
technologies to address those priority areas.
(g) Reports and Recommendations.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter for the duration
of the Pilot Program, the Secretaries shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of Representatives, and the
relevant committees of Congress a report that includes the following
with respect to the Pilot Program:
(1) A list of participating covered entities.
(2) A brief description of the technologies deployed and
demonstrated by each such covered entity.
(3) An estimate of the cost of acquiring the each such
technology and applying the technology at scale.
(4) Outreach efforts by covered agencies to covered
entities developing wildfire technologies.
(5) Assessments of, and recommendations relating to, new
technologies with potential adoption and application at-scale
in the wildfire prevention, detection, communication, and
mitigation efforts of Federal land management agencies (as
defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)).
(6) A description of the relationship and coordination
between the Pilot Program and the activities of the National
Oceanic and Atmospheric Administration, including the Fire
Weather Testbed.
(h) Sunset.--The Pilot Program terminates on the date that is 7
years after the date of enactment of this Act.
SEC. 304. GAO STUDY ON FOREST SERVICE POLICIES.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a study evaluating--
(A) the effectiveness of Forest Service wildland
firefighting operations;
(B) transparency and accountability measures in the
budget and accounting process of the Forest Service;
and
(C) the suitability and feasibility of establishing
a new Federal agency with responsibility for responding
to, and suppressing, wildfires on Federal land; and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
SEC. 305. KEEPING FOREST PLANS CURRENT AND MONITORED.
(a) In General.--The Secretary shall--
(1) to the maximum extent practicable and subject to the
availability of appropriations--
(A) ensure that each forest plan for a unit of the
National Forest System is in compliance with the
applicable requirements of section 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)); and
(B) prioritize revising any forest plan not in
compliance with that section;
(2) not be considered to be in violation of section
6(f)(5)(A) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because
more than 15 years have passed without revision of the plan for
a unit of the National Forest System;
(3) not later than 120 days after the date of enactment of
this Act, submit to the relevant committees of Congress a
notice describing the date on which each forest plan referred
to in paragraph (1)(A) was most recently revised, amended, or
modified;
(4) seek to publish a new, complete version of any forest
plan that the Secretary has been directed by court order to
amend, revise, or modify by not later than 60 days after the
date of the amendment, revision, or modification, subject to
the availability of appropriations made in advance for that
purpose; and
(5) maintain a central, publicly accessible website with
links to--
(A) the most recently available forest plan
adopted, amended, or modified by a court order as a
single document; and
(B) the most recently published forest plan
monitoring report for the unit.
(b) Good Faith Updates.--If the Secretary fails to act
expeditiously and in good faith using available funding to revise,
amend, or modify a plan for a unit of the National Forest System as
required by an applicable law or court order--
(1) subsection (a) shall be void with respect to the plan;
and
(2) a court of competent jurisdiction may order completion
of the plan on an accelerated basis.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the relevant committees of
Congress a report summarizing the implementation of this section.
(d) Sunset.--The authority under this section terminates on
September 30, 2031.
SEC. 306. CONTAINER AERIAL FIREFIGHTING SYSTEM.
(a) Evaluation.--Not later than 90 days after the date of enactment
of this Act, the Secretary and the Secretary of the Interior, in
consultation with the National Interagency Aviation Committee and the
Interagency Airtanker Board, shall jointly conduct an evaluation of the
container aerial firefighting system to assess the use of that system
to mitigate and suppress wildfires.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary and the Secretary of the Interior, in
consultation with the National Interagency Aviation Committee and the
Interagency Airtanker Board, shall jointly submit to the relevant
committees of Congress a report that describes the results of the
evaluation under subsection (a).
SEC. 307. STUDY ON PINE BEETLE INFESTATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary, acting through the Chief of the Forest Service, shall--
(1) carry out a study relating to the causes and effects
of, and solutions for, the infestation of pine beetles in the
Northeastern region of the United States; and
(2) submit to the relevant committees of Congress a report
that describes the results of the study under paragraph (1).
Subtitle B--White Oak Resilience
SEC. 311. WHITE OAK RESTORATION INITIATIVE COALITION.
(a) In General.--There is established a coalition, to be known as
the ``White Oak Restoration Initiative Coalition'' (referred to in this
section as the ``Coalition'')--
(1) as a voluntary collaborative group of Federal, State,
Tribal, and local governments and private and nongovernmental
organizations the purpose of which is to carry out the duties
described in subsection (b); and
(2) in accordance with the charter entitled ``White Oak
Initiative Coalition Charter'' adopted by the White Oak
Initiative Board of Directors on March 21, 2023 (or a successor
charter).
(b) Duties.--In addition to the duties specified in the charter
referred to in subsection (a)(2), the duties of the Coalition are--
(1) to coordinate Federal, State, Tribal, local, private,
and nongovernmental activities for the restoration of white oak
trees in the United States; and
(2) to make program and policy recommendations, consistent
with applicable forest management plans, with respect to--
(A) changes necessary to address Federal and State
policies that impede activities to improve the health,
resiliency, and natural regeneration of white oak
trees;
(B) adopting or modifying Federal and State
policies to increase the pace and scale of white oak
regeneration and the resiliency of white oak trees;
(C) options to enhance communication, coordination,
and collaboration among forest land owners,
particularly with respect to cross-boundary projects,
to improve the health, resiliency, and natural
regeneration of white oak trees;
(D) research gaps that should be addressed to
improve the best available science on white oaks;
(E) outreach to forest landowners the land of which
possesses white oak trees or white oak regeneration
potential, as determined by the Coalition; and
(F) options and policies necessary to improve the
quality and quantity of white oak trees in tree
nurseries.
(c) Administrative, Staffing, and Technical Support.--The Secretary
and the Secretary of the Interior shall make available to the Coalition
such personnel for administrative support, technical services, and the
development and dissemination of educational materials as those
Secretaries determine to be necessary to carry out this section.
(d) Private Funding.--Subject to the availability of appropriations
made in advance for that purpose, the Secretary may make funds
available to the Coalition to carry out this section from the account
established pursuant to section 1241(f) of the Food Security Act of
1985 (16 U.S.C. 3841(f)).
SEC. 312. FOREST SERVICE PILOT PROGRAM.
(a) In General.--The Secretary, acting through the Chief of the
Forest Service, shall establish and carry out 5 pilot projects in units
of the National Forest System to restore white oak trees in those units
through white oak restoration and natural regeneration practices that
are consistent with applicable forest management plans.
(b) Requirement.--Of the pilot projects carried out under
subsection (a), not fewer than 3 shall be carried out on units of the
National Forest System that are reserved or withdrawn from the public
domain.
(c) Cooperative Agreements.--The Secretary may enter into
cooperative agreements to carry out the pilot projects under this
section.
(d) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 313. DEPARTMENT OF THE INTERIOR WHITE OAK REVIEW AND RESTORATION.
(a) Assessment.--
(1) In general.--The Secretary of the Interior shall carry
out an assessment of land under the administrative jurisdiction
of the Department of the Interior, including fish and wildlife
refuges and abandoned mine land, to evaluate--
(A) whether white oak trees are present on the
land; and
(B) the potential to restore white oak forests on
the land.
(2) Use of information.--In carrying out the assessment
under paragraph (1), the Secretary of the Interior may use
information from sources other than the Department of the
Interior, including the White Oak Initiative and the Forest
Service.
(3) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior shall
submit to Congress, and make publicly available on the website
of the Department of the Interior, a report describing the
results of the assessment carried out under this subsection.
(b) Pilot Projects.--After the date of submission of the report
under subsection (a)(3), the Secretary of the Interior shall establish
and carry out 5 pilot projects in different areas of land described in
subsection (a)(1) to restore and naturally regenerate white oak trees.
(c) Cooperative Agreements.--The Secretary of the Interior may
enter into cooperative agreements to carry out the pilot projects under
subsection (b).
(d) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 314. WHITE OAK REGENERATION AND UPLAND OAK HABITAT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonregulatory
program, to be known as the ``White Oak and Upland Oak Habitat
Regeneration Program'' (referred to in this section as the
``Program'').
(b) Purposes.--The purposes of the Program shall include--
(1) coordinating restoration and conservation activities
among Federal, State, local, and Tribal entities and
conservation partners to address white oak restoration
priorities;
(2) improving and regenerating white oak and upland oak
forests and the wildlife habitat such forests provide;
(3) carrying out coordinated restoration and conservation
activities that lead to the increased growth of species of
white oak in native white oak regions on Federal, State,
Tribal, and private land;
(4) facilitating strategic planning to maximize the
resilience of white oak systems and habitats under changing
climate conditions;
(5) engaging the public through outreach, education, and
citizen involvement to increase capacity and support for
coordinated restoration and conservation activities for species
of white oak; and
(6) increasing scientific capacity to support the planning,
monitoring, and research activities necessary to carry out such
coordinated restoration and conservation activities.
(c) Consultation.--In establishing the Program, the Secretary,
acting through the Chief of the Forest Service, shall consult with--
(1) the heads of Federal agencies, including--
(A) the Director of the United States Fish and
Wildlife Service; and
(B) the Chief of the Natural Resources Conservation
Service; and
(2) the Governor of each State in which restoration efforts
will be carried out pursuant to the Program.
(d) Duties.--In carrying out the Program, the Secretary shall--
(1) draw on the best available science and management plans
for species of white oak to identify, prioritize, and implement
restoration and conservation activities that will improve the
growth of white oak trees in the United States;
(2) collaborate and coordinate with the White Oak
Restoration Initiative Coalition established by section 311(a)
to prioritize white oak restoration initiatives;
(3) adopt a white oak restoration strategy that--
(A) supports the implementation of a shared set of
science-based restoration and conservation activities
developed in accordance with paragraph (1);
(B) targets cost-effective projects with measurable
results; and
(C) maximizes restoration outcomes with no net gain
of Federal full-time equivalent employees; and
(4) establish voluntary grant and technical assistance
programs in accordance with subsection (e).
(e) Grants and Assistance.--
(1) Definitions.--In this subsection:
(A) Foundation.--The term ``Foundation'' means the
National Fish and Wildlife Foundation.
(B) Grant program.--The term ``grant program''
means the voluntary grant and technical assistance
program established under paragraph (2).
(2) Establishment.--To the extent that funds are available
to carry out this section, the Secretary shall establish a
voluntary grant and technical assistance program to achieve the
purposes of the Program described in subsection (b).
(3) Administration.--
(A) In general.--The Secretary shall offer to enter
into a cooperative agreement with the Foundation to
manage and administer the grant program.
(B) Funding.--Subject to the availability of
appropriations made in advance for that purpose, on
entering into a cooperative agreement with the
Foundation under subparagraph (A), the Secretary shall
pay to the Foundation to carry out this subsection for
each fiscal year an advance payment of the entire
amount for the applicable fiscal year--
(i) on October 1 of that fiscal year; or
(ii) as soon as practicable thereafter.
(4) Application of national fish and wildlife foundation
establishment act.--Amounts received by the Foundation to carry
out the grant program shall be subject to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.),
excluding section 10(a) of that Act (16 U.S.C. 3709(a)).
(f) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 315. TREE NURSERY SHORTAGES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Chief of the Forest
Service, shall--
(1) develop and implement a national strategy to increase
the capacity of Federal, State, Tribal, and private tree
nurseries to address the nationwide shortage of tree seedlings;
and
(2) coordinate the strategy under paragraph (1) with--
(A) the national reforestation strategy of the
Forest Service; and
(B) each regional implementation plan for National
Forests.
(b) Elements.--The strategy required under subsection (a) shall--
(1) be based on the best available science and data; and
(2) identify and address--
(A) regional seedling shortages of bareroot and
container tree seedlings;
(B) regional reforestation opportunities and the
seedling supply necessary to fulfill those
opportunities;
(C) opportunities to enhance seedling diversity and
close gaps in seed inventories; and
(D) barriers to expanding, enhancing, or creating
new infrastructure to increase nursery capacity.
SEC. 316. WHITE OAK RESEARCH.
(a) Definition of Eligible Institution.--In this section, the term
``eligible institution'' means an institution of higher education,
including an 1862 Institution, an 1890 Institution, and a 1994
Institution (as those terms are defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)).
(b) Research.--The Secretary may enter into a memorandum of
understanding with an Indian Tribe or an eligible institution to
collaboratively conduct research relating to--
(1) white oak genes with resistance or tolerance to stress;
(2) white oak trees that exhibit vigor for the purpose of
increasing survival and growth;
(3) establishing a genetically diverse white oak seed bank
capable of responding to stressors;
(4) providing a sustainable supply of white oak seedlings
and genetic resources;
(5) improved methods for aligning seed sources with the
future climate at planting sites;
(6) reforestation of white oak trees through natural and
artificial regeneration;
(7) improved methods for retaining and increasing white oak
trees in forests;
(8) improved methods for reforesting abandoned mine land
sites; and
(9) economic and social aspects of white oak forest
management across land ownerships.
(c) Consultation.--In carrying out research under subsection (b),
an Indian Tribe or eligible institution may consult with such States,
nonprofit organizations, and other institutions of higher education and
scientific entities as the Indian Tribe or eligible institution
determines to be appropriate.
(d) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 317. USDA FORMAL INITIATIVE.
(a) In General.--The Secretary, acting through the Chief of the
Natural Resources Conservation Service and in coordination with the
Chief of the Forest Service, shall establish a formal initiative on
white oak trees--
(1) to reestablish white oak forests where appropriate;
(2) to improve the management of existing white oak forests
to foster natural regeneration of white oak trees;
(3) to provide technical assistance to private landowners
to reestablish, improve the management of, and naturally
regenerate white oak trees;
(4) to improve and expand white oak nursery stock; and
(5) to adapt and improve white oak seedlings.
(b) Sunset.--The authority under this section terminates on the
date that is 7 years after the date of enactment of this Act.
SEC. 318. USE OF AUTHORITIES.
To the maximum extent practicable, the Secretary and the Secretary
of the Interior shall use the authorities provided under this title in
combination with other authorities to carry out projects, including--
(1) good neighbor agreements entered into under section
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as
amended by this Act); and
(2) stewardship contracting projects entered into under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) (as amended by this Act).
TITLE IV--ENSURING CASUALTY ASSISTANCE FOR FIREFIGHTERS
SEC. 401. WILDLAND FIRE MANAGEMENT CASUALTY ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Next-of-kin.--The term ``next-of-kin'', with respect to
an individual, means a person in the highest category of
priority in relation to that individual, as determined in
accordance with the following (in descending order of
priority):
(A) A legal spouse of the individual.
(B) A child (whether by current or prior marriage)
aged 18 years or older of the individual, in descending
order of precedence by age.
(C) The father or mother of the individual, unless
custody has been vested by court order in another
individual, with an adoptive parent taking precedence
over a natural parent.
(D) A sibling (whether whole or half) aged 18 years
or older of the individual, in descending order of
precedence by age.
(E) A grandfather or grandmother of the individual.
(F) Any other relative of the individual, with the
order of precedence to be determined in accordance with
the civil laws of descent of the State of domicile of
the individual at time of death.
(2) Program.--The term ``program'' means the Wildland Fire
Management Casualty Assistance Program established under
subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall establish a
program, to be known as the ``Wildland Fire Management Casualty
Assistance Program'', to provide assistance to the next-of-kin of--
(1) firefighters who, while in the line of duty--
(A) are killed;
(B) are critically injured; or
(C) suffer illness as a result of an exposure or
incident occurring during that line of duty; and
(2) wildland fire support personnel who are killed or
critically injured in the line of duty.
(c) Elements.--The program shall address each of the following:
(1) The initial, and any subsequent, notification to the
next-of-kin of firefighters or wildland fire support personnel
who--
(A) are killed in the line of duty; or
(B) require hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(2) The reimbursement of next-of-kin for expenses
associated with travel to visit firefighters or wildland fire
support personnel who--
(A) are killed in the line of duty; or
(B) require hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors of critical injury or
illness in the line of duty of the reassignment of those
officers to other duties.
(5) Centralized short-term and long-term case management
procedures for casualty assistance, including rapid access to
expert case managers and counselors by--
(A) survivors of firefighters or wildland fire
support personnel; and
(B) casualty assistance officers.
(6) The provision, through a computer-accessible website
and other means and at no cost to survivors or next-of-kin of
firefighters or wildland fire support personnel, of
personalized, integrated information relating to Federal
benefits and Federal financial assistance available to those
survivors and next-of-kin.
(7) The provision to survivors and next-of-kin of
firefighters or wildland fire support personnel of information
relating to mechanisms for registering complaints about, or
requests for, additional assistance related to casualty
assistance.
(8) Liaison with the Department of Agriculture, the
Department of Justice, and the Social Security Administration
to ensure prompt and accurate resolution of issues relating to
benefits administered by those agencies for survivors of
firefighters or wildland fire support personnel.
(9) Data collection, in consultation with the United States
Fire Administration and the National Institute for Occupational
Safety and Health, regarding the incidence and quality of
casualty assistance provided to survivors and next-of-kin of
firefighters or wildland fire support personnel.
(d) No Effect on Other Line-of-Duty Death Benefits.--The program
shall not affect any existing authority for line-of-duty death benefits
for Federal firefighters or wildland fire support personnel.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Committee on Agriculture, Nutrition, and Forestry. Hearings held. Hearings printed: S.Hrg. 119-74.
Committee on Agriculture, Nutrition, and Forestry. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Boozman with an amendment in the nature of a substitute. Without written report.
Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Boozman with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 212.
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