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Congressional Daily Record
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Issued
June 22, 2026
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Download official Senate Record PDFReturn to issue contextSA 5890. Mr. THUNE (for Mr. Curtis (for himself, Mr. Hickenlooper, Mr. Sheehy, and Mr. Padilla)) submitted an amendment intended to be proposed by Mr. Thune to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E—FIX OUR FORESTS ACT
SEC. 5001. SHORT TITLE.
This division may be cited as the “Fix Our Forests Act”.
SEC. 5002. DEFINITIONS.
In this division:
(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 Wildland Fire
Intelligence Center appointed under section 5102(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 5101(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 certified or licensed arborist or forester
under the supervision of the Secretary concerned.
(D) Developing, approving, or conducting routine
maintenance under—
(i) a vegetation management, facility inspection, and
operation and maintenance plan under subsection (c) of
section 512 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1772); or
(ii) an agreement under subsection (d)(1) of that section
(43 U.S.C. 1772).
(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 5103(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 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 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—
(A) land that—
(i) 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
(ii)(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)(aa) has a cover of grasses, brush, or any similar
vegetation; or
(bb) formerly had a forest cover or vegetative cover that
is capable of restoration; and
(B) land that—
(i) is in the State of Alaska and held by an Alaskan Native
Corporation pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.); and
(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;
(ii) the Committee on Energy and Natural Resources;
(iii) the Committee on Indian Affairs; and
(iv) the Committee on Homeland Security and Governmental
Affairs; 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
forest, watershed, or rangeland management or water supply;
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. 5101. DESIGNATION OF FIRESHED MANAGEMENT AREAS.
(a) Designations.—
(1) Initial fireshed designations.—For the 5-year period
beginning on the date of enactment of this Act, the firesheds
of the United States shall comprise—
(A) the 7,688 firesheds described in the report published
by the Rocky Mountain Research Station of the Forest Service
in 2021; and
(B) the additional 1,262 firesheds in the States of Alaska
and Hawaii and the territories of the United States
designated by the Secretary in the same manner as the
firesheds designated in the report described in subparagraph
(A).
(2) Initial fireshed management area designations.—Subject
to paragraph (5), for the period beginning not later than 30
days after the date of enactment of this Act and ending on
the date that is 5 years after the date of enactment of this
Act, each Secretary concerned shall designate and make
publicly available on the website of the Secretary concerned
a map of the following 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”, dated January
2022, and expanded in 2023.
(B) The top 20 percent of firesheds in the continental
United States, and the top 25 percent of firesheds in the
continental United States if the fireshed has a historical
presence of Picea glauca var. densata, identified by the
Secretary 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.
(3) Initial designations in alaska, hawaii, and
territories.—Not later than 30 days after the date of
enactment of this Act, the Secretary shall designate in the
States of Alaska and Hawaii and the territories of the United
States such additional fireshed management areas as the
Secretary determines to be appropriate, based on the criteria
described in clauses (i) and (ii) of paragraph (2)(B).
(4) Map-based updated designations.—
(A) Map of firesheds.—Not later than 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 the
firesheds of the United States, 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 update the designations of fireshed
management areas to reflect firesheds 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 subparagraphs (A) through (C) of section
5103(a)(3) 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.
(5) 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.
(6) Combining multiple firesheds.—The Secretary, in
consultation with the Secretary of the Interior, if
applicable, may expand a fireshed management area designated
under this subsection to include more than 1 fireshed that is
designated as a fireshed management area under the applicable
criteria described in this section.
(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. 5102. WILDLAND FIRE INTELLIGENCE CENTER.
(a) Definitions.—In this section:
(1) Board.—The term “Board” means the Board of Directors
governing the Center appointed under subsection (f).
(2) Center.—The term “Center” means the Wildland Fire
Intelligence Center established under subsection (b).
(3) Federal science agency; institution of higher
education; land-grant colleges and universities; regional
center; wildland fire; wildland fire management agencies;
wildland fire research.—The terms “Federal science
agency”, “institution of higher education”, “land-grant
colleges and universities”, “regional center”, “wildland
fire”, “wildland fire management agencies”, and “wildland
fire research” have the meanings given those terms in
section 5121(a).
(4) National laboratory.—The term “National Laboratory”
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(b) Establishment.—Not later than 1 year after the date of
enactment of this Act, the Secretaries shall establish a
joint office, to be known as the “Wildland Fire Intelligence
Center”, to serve Federal and non-Federal entities through
the functions 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, modeling,
monitoring, mapping, decision support, and predictive
services across all phases of fire to inform land and fuels
management (including prescribed fire), 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) Providing, disseminating, procuring, if commercially
available, and combining existing data, mapping,
technological, and consultation services to support pre-,
active, and post-fire activities at the local, State, and
national levels, including—
(A) creating and maintaining a real-time nationwide risk
catalog, including the Fireshed Registry;
(B) assisting with the creation of evacuation plans, public
safety power shutoff plans, and wildfire mitigation and
response strategies or plans (including built environment
mitigation plans and community wildfire protection plans) for
at-risk communities;
(C) 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;
(D) assisting with the safe and effective use of prescribed
fire; and
(E) developing a real-time data interface to assist and
inform, in real time, firefighters, first responders, and
approved contractors in responding to wildfires.
(3) Consolidating air quality monitoring and forecasting
data, including utilizing existing Federal programs, as
appropriate, 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.
(4) Establishing information technology and data
interoperability through—
(A) the development of common data standards to protect
confidential information;
(B) comprehensive searchable data inventories;
(C) working with Indian Tribes in government-to-government
partnerships, with protections for Tribal data sovereignty;
(D) the integration and sharing of information and
resources of the Federal Government, States, local
governments, and participating Indian Tribes to support the
essential functions of the Center; and
(E) regular updates and maintenance of research and
technology essential to achieving the core functions of the
Center, including the evaluation of new and competing models
as those models become available.
(5) Coordinating with the National Wildfire Coordinating
Group, as requested, to develop and improve wildfire
preparedness curricula and training modules for States,
Indian Tribes, and local officials, including emergency
managers and responders.
(6) Administering the pilot program established under
section 5303 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.
(7) Engaging with relevant Federal agencies, State
agencies, and entities in the private sector to improve fire
environment 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.
(8)(A) Establishing wildland fire science, data management
and sharing protocols, and technological research priorities
in cooperation with each regional center informed by the
operational needs of wildland fire management agencies.
(B) Coordinating data collection efforts supporting the
efforts of each regional center, including—
(i) building data layers across each region described in
section 5121(c)(3)(B);
(ii) ensuring data collection and reporting across each
region described in section 5121(c)(3)(B) is consistent and
standardized; and
(iii) providing updates on the development of wildland fire
research models.
(C) Ensuring the coordination of, and avoid unnecessary
duplication of, the activities of the regional centers and
the activities of institutions of higher education, land-
grant colleges and universities, Federal science agencies,
and State research organizations with respect to wildland
fire research, including—
(i) the National Oceanic and Atmospheric Administration;
(ii) the National Science Foundation;
(iii) the National Laboratories;
(iv) the National Aeronautics and Space Administration;
(v) the Environmental Protection Agency;
(vi) the United States Fire Administration;
(vii) the United States Geological Survey;
(viii) the research and development program of the Forest
Service;
(ix) the interagency Joint Fire Science Program;
(x) the Department of Defense Strategic Environmental
Research and Development Program; and
(xi) any other relevant entity with specialized expertise
in wildland fire research.
(D) Supporting end-to-end applications that assist wildland
fire management agencies in adopting technologies and
incorporating research findings produced by the regional
centers.
(e) Center Funding.—
(1) In general.—To carry out the functions of the Center,
the Secretaries may transfer funds provided to establish, and
carry out the duties of, the Center among—
(A) the Forest Service, from amounts made available for
Wildland Fire Management;
(B) the Department of the Interior, from amounts made
available for Wildland Fire Management; and
(C) the United States Geological Survey.
(2) 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.
(3) Notice required.—Not later than 15 days before
transferring funds under paragraph (1) or (2), 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 of
Directors, to be composed of 18 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.
(Q) 1 member who is an elected leader of an Indian Tribe or
an expert in wildfire management designated by an Indian
Tribe.
(R) 1 member representing State forestry agencies, to be
appointed by the Secretaries.
(2) Terms.—
(A) In general.—The term of a member of the Board shall be
3 years, except that, of the members first appointed—
(i) \1/3\ shall serve for a term of 4 years;
(ii) \1/3\ shall serve for a term of 3 years; and
(iii) \1/3\ shall serve for a term of 2 years.
(B) Additional terms.—After the initial term of a member
of the Board, including the members first appointed, the
member may serve not more than 3 additional 3-year terms,
except that a member initially appointed to a serve a term of
4 years may serve not more than 2 additional 3-year terms.
(3) Chairperson.—The Chairperson of the Board—
(A) shall be selected by the members of the Board from
among the members appointed under subparagraphs (B), (I), and
(J) of paragraph (1);
(B) shall serve for a term of 1 year; and
(C) may be reselected as Chairperson not more than twice.
(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—
(A) be appointed by, and serve at the direction of, the
Board; and
(B) be responsible for the management and operation of the
Center.
(2) Contracting authority.—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).
(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) 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; and
(2) any relevant Federal agency, State, Indian Tribe, local
government, or nongovernmental entity that is representative
of an element of the wildland fire community.
(j) 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
initial 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, together with the costs and timelines of procuring
those
technologies or developing relevant capabilities;
(E) an assessment of—
(i) existing contracting authorities of the Executive
Director to be used for purposes of subsection (g)(2); and
(ii) new contracting authorities needed; and
(F) 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 Executive Director shall update the plan
not less frequently than annually to reflect progress,
adjustments in funding, and the adoption of new technologies.
(k) Pilot Program to Monitor Wildfires by Satellite.—The
Secretary, acting through the Chief of the Forest Service, in
partnership with the Secretary of the Interior, acting
through the Director of the United States Geological Survey,
and with the Executive Director, shall establish a pilot
program—
(1) to purchase and integrate, through a public-private
partnership, data from the latest-generation of wildfire
monitoring satellites that provide monitoring of active fire
behavior, including fire perimeters, burned area, intensity,
severity, and the detection of fires with a low false-
positive rate;
(2) to use the data acquired under paragraph (1), and any
analyses relating to that data—
(A) to detect, assess, respond to, and manage wildfires and
rangeland fires; and
(B) to ensure the safety and effectiveness of prescribed
fire treatments;
(3) to develop information-sharing partnerships with State,
local, and Tribal emergency managers, foresters, or other
equivalent officials—
(A) to improve State, local, and Tribal wildfire
monitoring, response, and analysis; and
(B) to provide to the Executive Director an operational
plan for scaling the pilot program across the United States;
and
(4) under which the Secretary of the Interior shall have
the authority to enter into other transactions to leverage
satellite-based wildfire monitoring capabilities.
(l) Rule of Construction.—Nothing in this section affects
the ownership of any data source.
SEC. 5103. 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—
(A) ownership, including rights-of-way for utilities and
other public or private purposes; and
(B) administrative or management responsibility;
(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 scheduled 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 and Tribal communities developing or updating
community wildfire protection plans or Indian country
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
5105; 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. 5104. 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 5101(a)—
(1) to promote the reduction of wildfire exposure, based on
the criteria described in section 5103(a)(3), in fireshed
management areas across jurisdictional boundaries; and
(2) to conduct fireshed assessments under section 5105.
(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 to include additional areas from within a
separate fireshed management area designated under section
5101; and
(2) update the agreement to address any new wildfire
threats.
(c) Cooperative Agreements.—The Secretaries may enter into
cooperative agreements with units of local government,
special districts, end water users, nongovernmental
organizations, institutions of higher education, Tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
Native Hawaiian organizations (as defined in section 6207 of
the Elementary and Secondary Education Act of 1965 ( 20
U.S.C. 7517)), 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. 5105. 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 5104(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 Indian
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, Tribal integrated
resource management plans or Tribal forest management plans,
watershed management plans, community wildfire protection
plans, Indian country 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
5104(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) Agreements.—In carrying out a fireshed assessment
under this section, the Secretary concerned may enter into
agreements with other Federal departments and agencies
(including the National Oceanic and Atmospheric
Administration), States, Indian Tribes, Tribal organizations
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), Native Hawaiian
organizations (as defined in section 6207 of the Elementary
and Secondary Education Act of 1965 ( 20 U.S.C. 7517)),
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;
(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. 5106. EMERGENCY FIRESHED MANAGEMENT.
(a) Fireshed Management Projects.—
(1) In general.—The Secretary concerned, 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 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, if applicable, 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 division);
(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 division);
(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 and contracts 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, watershed, or rangeland management or water supply;
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 (c), by striking “concurrently for both
greater sage-grouse and” and inserting “for greater sage-
grouse or”; and
(ii) 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. 5107. STUDY ON THE IMPACTS OF FIRESHED MANAGEMENT
PROJECTS ON WILDFIRE RISK TO COMMUNITIES AND
WILDLIFE HABITAT.
(a) Study Requirement.—Not later than 90 days after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of the Interior, shall enter into an
agreement with the National Academy of Sciences, under which
the National Academy of Sciences shall conduct 1 or more
studies on the impacts of fireshed management projects,
including—
(1) an evaluation of select, regionally varied fireshed
management projects and approaches, including—
(A) methodologies used to assess fireshed management areas;
(B) the reduction in fuel hazards in fireshed management
areas;
(C) the status of, and trends in, watershed conditions;
(D) the economic use of fireshed management project
byproducts;
(E) local jobs and labor income supported by fireshed
management projects; and
(F) coordinated approaches taken to plan and implement
fireshed management projects;
(2) changes to wildfire risk within fireshed management
areas, and to resources of an Indian Tribe, due to fireshed
management projects;
(3)(A) a description of the cost of—
(i) the implementation of section 5105; and
(ii) the development and implementation of fireshed
management projects; and
(B) an estimate of the amount of the damages avoided as a
result of that development and implementation;
(4) an evaluation of how fireshed management projects
affect—
(A) critical habitat areas designated under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) the conservation and recovery of species listed as
threatened or endangered under the that Act;
(5) an identification of fireshed management project best
practices for minimizing harm to critical habitat areas
described in paragraph (4)(A) and the natural environment
while reducing wildfire risk; and
(6) recommendations for policy, regulatory, or operational
changes to improve fireshed management projects.
(b) Engagement.—In conducting the 1 or more studies under
subsection (a), the National Academy of Sciences shall—
(1) consult with relevant Federal, State, and Tribal
agencies, including the United States Fish and Wildlife
Service and the National Marine Fisheries Service; and
(2) provide an opportunity for public comment and input
during the 1 or more studies, including from nonprofit
organizations, institutions of higher education, and other
scientific bodies.
(c) Submission of Report.—As soon as practicable after the
conclusion of the 1 more studies under subsection (a), but
not later than 5 years after the date of enactment of this
Act, the National Academy of Sciences shall submit to the
relevant committees of Congress and the Secretaries 1 or more
reports containing the results of the 1 or more studies.
SEC. 5108. 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. 5111. 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, watershed, or rangeland management or water supply;
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. 5112. 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
necessary to carry out an agreement or contract under this
subsection” 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 multiyear contract.—In this paragraph,
the term `multiyear contract' means a contract entered into
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 multiyear 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 multiyear contract by the Chief or the
Director, the Chief or the Director, as applicable, shall
provide to the entity a cancellation or termination payment
that is the lesser of—
“(i) an amount equal to 10 percent of the multiyear
contract; or
“(ii) the amount of unrecovered costs that would have been
recouped through amortization over the full term of the
contract (including the term canceled).”.
SEC. 5113. FIRESHED MANAGEMENT PROJECT STRIKE TEAMS.
(a) Establishment.—The Secretary concerned shall establish
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 a 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
a 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. 5114. 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. 5115. 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, Tribal-integrated
resource management plan or Tribal forest management 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;
“(iii) the Committee on Appropriations; and
“(iv) the Committee on Indian Affairs; 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. 5116. 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 subparagraph (D), by striking “species;” and
inserting “species or pathogens;”;
(ii) in subparagraph (G), by striking “and” at the end;
(iii) in subparagraph (H), by adding “and” after the
semicolon at the end; and
(iv) by adding at the end the following:
“(I) address standardized monitoring questions and
indicators;”;
(2) in subsection (c)(3)(A)—
(A) in clause (i), by striking “and” at the end;
(B) in clause (ii), by adding “and” at the end; and
(C) by adding at the end the following:
“(iii) include a Federal Government staffing plan for
providing support to collaboratives established pursuant to
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 conservation finance agreements, good
neighbor agreements entered into under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a), and similar
implementation mechanisms;
“(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) in subparagraph (A), by striking “10” and inserting
“20”; and
(ii) in subparagraph (B), by striking “2” and inserting
“4”;
(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
“2034”.
SEC. 5117. 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, subject to the requirement that, in selecting the
vacant grazing allotments for use under this subparagraph,
the Secretary concerned shall prioritize the use of
allotments that would not pose significant management or
resource challenges for the permittee or the Secretary
concerned and return permittees to their original allotment
as soon as practicable;
(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 pursuant to paragraph (3);
(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.
(3) Variances.—
(A) In general.—At the request of an authorized grazing
permittee or lessee, the Secretary concerned may allow a
temporary variance to the terms and conditions of a grazing
permit or lease to address significant changes in weather,
forage production, the effects of fire or drought, or other
temporary circumstances that impact resource conditions, to
facilitate the long-term ecological health of the Federal
land.
(B) Variances.—In carrying out subparagraph (A), the
Secretary concerned may authorize a temporary variance to the
terms and conditions of the applicable grazing permit or
lease to adjust the beginning date, the ending date, both the
beginning date and ending date, or water transportation, as
applicable, as specified in the applicable grazing permit or
lease, subject to—
(i) the requirement that, unless otherwise specified in the
appropriate allotment management plan or any other activity
plan that is the functional equivalent to the appropriate
allotment management plan under section 4120.2(a)(3) of title
43, Code of Federal Regulations (or a successor regulation),
the applicable adjusted date of the season of use—
(I) occurs—
(aa) not earlier than 21 days before the beginning date
specified in the applicable grazing permit or lease; or
(bb) not later than 21 days after the ending date specified
in the applicable grazing permit or lease; and
(II) would not result in forage removal that exceeds the
amount of active use specified in the applicable grazing
permit or lease; and
(ii) the requirement that, in accordance with applicable
law (including regulations)
and the terms and conditions of the applicable grazing permit
or lease, an authorized grazing permittee or lessee using a
variance under this paragraph shall develop and use a
monitoring plan determined to be acceptable to the Secretary
concerned as a reasonable way to track the effects of the
variance on the long-term ecological health of the allotment
on which the variance is used.
(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. 5118. 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, Indian, 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, landslides, 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—
“(i) a good neighbor agreement entered into under section
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); or
“(ii) an agreement or contract entered into under the
Tribal Forest Protection Act of 2004 (Public Law 108-278; 118
Stat. 868); or”; and
(C) by adding at the end the following:
“(3) Cooperation with non-federal partners.—The Secretary
shall cooperate, to the maximum extent practicable, 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. 5119. 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 of any watershed in a National Forest.”.
SEC. 5120. TRIBAL FOREST PROTECTION MANAGEMENT.
(a) In General.—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 inserting “or compacts” after “contracts”;
(E) by striking “5304 et seq.” and inserting “5301 et
seq.”; and
(F) 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' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
“(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) by striking “contract or project” each place it
appears and inserting “contract, compact, or project”;
(B) in the matter preceding paragraph (1), by striking
“subsection (a)” and inserting “subsection (b)”; and
(C) in paragraph (1), by striking “5304 et seq.” and
inserting “5301 et seq.”; and
(5) by adding at the end the following:
“(d) Tort Claims Procedure.—For purposes of chapter 171
of title 28, United States Code, an employee of an Indian
Tribe or Tribal organization that enters into an agreement,
contract, or compact under subsection (b) shall be considered
an employee of the Forest Service while carrying out
activities and projects on behalf of the Forest Service
pursuant to that agreement, contract, or compact.
“(e) 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 agreements,
contracts, or compacts to perform under subsection (b); and
“(2) update the list under paragraph (1) as necessary.”.
(b) Tribal Forest Protection Act of 2004 Amendments.—
Section 2 of the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a) is amended—
(1) in subsection (a)—
(A) by striking paragraph (2) and inserting the following:
“(2) Indian forest land or rangeland.—The term `Indian
forest land or rangeland' means—
“(A) land that—
“(i) 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
“(ii)(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)(aa) has a cover of grasses, brush, or any similar
vegetation; or
“(bb) formerly had a forest cover or vegetative cover that
is capable of restoration; and
“(B) land that—
“(i) is in the State of Alaska and held by an Alaska
Native Corporation pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.); and
“(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.”;
(B) in paragraph (3), by striking “450b” and inserting
“5304”; and
(C) by adding at the end the following:
“(5) 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).”;
(2) in subsection (b)—
(A) in the subsection heading, by striking “Indian Forest
Land or Rangeland” and inserting “or Restore Indian Forest
Land or Rangeland and Federal Land of Special Significance”;
(B) in paragraph (1)—
(i) by inserting “or Tribal organization” after “Indian
tribe” each place it appears;
(ii) by striking “a project to protect Indian forest land
or rangeland (including a project to restore Federal land
that borders on or is adjacent to Indian forest land or
rangeland)” and inserting “activities and projects to
protect or restore Indian forest land or rangeland or Federal
land”; and
(iii) by striking “activities described” and inserting
“activities and projects described”;
(C) in paragraph (2), by inserting “or Tribal
organization” after “Indian tribe”; and
(D) by striking paragraph (3) and inserting the following:
“(3) Activities and projects.—Under an agreement or
contract entered into under paragraph (2), the Indian tribe
or Tribal organization may carry out activities and projects
to achieve land management goals for—
“(A) Federal land that is—
“(i) under the jurisdiction of the Secretary; and
“(ii) consistent with the criteria described in subsection
(c); and
“(B) Indian forest land or rangeland.”;
(3) in subsection (c)—
(A) in the subsection heading, by inserting “for Federal
Land” after “Criteria”;
(B) by striking “an Indian tribe,” in the matter
preceding paragraph (1) and all that follows through “Indian
tribe—” in the matter preceding subparagraph (A) of
paragraph (2) and inserting the following: “Federal land,
are whether—
“(1) the Federal land has a special geographic,
historical, or cultural significance to the Indian tribe or
Tribal organization and—”;
(C) in paragraph (1) (as so designated)—
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
“(i) Indian forest land or rangeland; or”; and
(ii) in subparagraph (B), by striking “restoration
activities;” and inserting “or watershed restoration
activities; and”;
(D) by redesignating paragraph (3) as paragraphs (2);
(E) in paragraph (2) (as so redesignated)—
(i) by inserting “and projects” after “activities”;
(ii) by inserting “or Tribal organization” after “Indian
tribe”; and
(iii) by striking “subject land; and” and inserting
“Federal land.”; and
(F) by striking paragraph (4);
(4) in subsection (d)—
(A) in the matter preceding paragraph (1), by inserting
“or Tribal organization” after “Indian tribe”; and
(B) in paragraph (3), by striking “Indian tribe for” and
all that follows through the period at the end and inserting
the following: “Indian tribe or Tribal organization for the
purpose of developing a strategy for protecting or
restoring—
“(A) Indian forest land or rangeland; or
“(B) Federal land that has a special geographic,
historical, or cultural significance to the Indian tribe or
Tribal organization.”;
(5) in subsection (e), in the matter preceding paragraph
(1), by inserting “or Tribal organization” after “Indian
tribe” each place it appears;
(6) in subsection (g), by striking “date of enactment of
this Act” and inserting “date of enactment of the Fix Our
Forests Act”; and
(7) by adding at the end the following:
“(h) Federal Torts Claims Act Coverage.—While carrying
out activities and projects on behalf of the Bureau of Land
Management or the Forest Service pursuant to an agreement or
contract under this section, an employee of an Indian tribe
or Tribal organization shall be considered to be an employee
of the Bureau of Land Management or the Forest Service,
respectively, for purposes of chapter 171 of title 28, United
States Code.”.
SEC. 5121. ESTABLISHMENT OF REGIONAL WILDLAND FIRE RESEARCH
CENTERS.
(a) Definitions.—In this section:
(1) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
(A) the Committee on Energy and Natural Resources, the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations of the Senate;
(B) the Committee on Natural Resources, the Committee on
Agriculture, and the Committee on Appropriations of the House
of Representatives; and
(C) any other committee of Congress with the authority to
facilitate the development of wildland fire research.
(2) Career pathway.—The term “career pathway” has the
meaning given that term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Federal science agency.—The term “Federal science
agency” has the meaning given that term in section 103(f) of
the America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6623(f)).
(4) Institution of higher education.—The term
“institution of higher education” has the meaning given
that term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(5) Land-grant colleges and universities.—The term “land-
grant colleges and universities” has the meaning given that
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(6) Minority-serving institution.—The term “minority-
serving institution” means an institution defined in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(7) Regional center.—The term “regional center” means a
regional wildland fire research center established under
subsection (c)(1).
(8) Tribal organization.—The term “Tribal organization”
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(9) Wildland fire.—The term “wildland fire” means any
non-structure fire that occurs in vegetation or natural fuels
and includes wildfires originating from an unplanned ignition
or prescribed fire.
(10) Wildland fire management agencies.—The term
“wildland fire management agencies” means—
(A) the Forest Service;
(B) the Bureau of Land Management;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service; and
(E) the Bureau of Indian Affairs.
(11) Wildland fire research.—The term “wildland fire
research” means research to better understand—
(A) the causes and consequences of wildland fires,
including antecedent and contemporaneous factors that
increase the risk of catastrophic events;
(B) the spread and behavior of wildland fires, including
fires in the wildland-urban interface;
(C) the efficacy of mitigation strategies for wildland
fires;
(D) the impact of wildland fires on public health, safety,
and the environment;
(E) the rehabilitation and restoration of affected
ecosystems after wildland fires; and
(F) the development of mitigation strategies and techniques
to improve the safety of wildland fire managers and
firefighters.
(b) Competitive Process.—The Secretaries shall establish a
competitive process for the selection and establishment of
regional wildland fire research centers in accordance with
subsection (c).
(c) Selection and Establishment of Regional Centers.—
(1) In general.—The Secretaries shall select not fewer
than 8 institutions of higher education or land-grant
colleges and universities at which to establish, in
accordance with the timeline described in paragraph (2),
regional centers to coordinate the development of wildland
fire research.
(2) Timeline.—In establishing regional centers under
paragraph (1), the Secretaries shall establish—
(A) as soon as practicable after the date of enactment of
this Act, subject to the availability of appropriations, a
pilot program under which not fewer than 2 regional centers
shall be established; and
(B) not later than 2 years after the date on which the
pilot program is established under subparagraph (A), the
remaining regional centers.
(3) Criteria for selection.—
(A) In general.—In establishing a regional center at an
institution of higher education or land-grant college or
university under this section, the Secretaries shall
prioritize the selection of institutions, colleges, or
universities that meet not fewer than one of the following
criteria:
(i) Have existing programs of record in wildland fire
research.
(ii) Have existing partnerships with research institutions
of the Federal Government and other academic institutions and
entities relating to wildland fire research.
(iii) Participate in or lead a program under the Joint Fire
Science Program.
(iv) Are a minority-serving institution.
(B) Regions.—The Secretaries shall establish not fewer
than one regional center in each of the following regions of
the United States, as defined by the Secretaries:
(i) Alaska.
(ii) California.
(iii) The Pacific Northwest.
(iv) The Pacific Islands.
(v) The Plains and Northeast.
(vi) The Rockies.
(vii) The Southeast.
(viii) The Southwest.
(4) Purpose.—Each regional center, with respect to the
region covered by the regional center, shall—
(A) to the extent practical, coordinate research with other
wildland fire research entities, such as other academic
institutions, the Environmental Protection Agency, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, the National Aeronautics and Space
Administration, the Department of Energy, the research and
development program of the Forest Service, the National
Laboratories, the United States Geological Survey, and State
and regional research organizations;
(B) improve the understanding of wildland fire through
wildland fire research that can be applied by wildland fire
management agencies;
(C) develop technologies and other tools to understand,
monitor, and predict wildland fire, including—
(i) models to predict fire potential and the spread and
behavior of wildland fire and smoke;
(ii) models to predict how vegetation will respond to
changes in the environment and wildland fire;
(iii) the integration of technologies to predict the spread
and behavior of wildland fire and smoke in as near-real-time
as possible; and
(iv) other innovations to be integrated into operational
decision support systems relating to wildland fire, such as
the Wildland Fire Decision Support System and the Interagency
Fuel Treatment Decision Support System;
(D) develop technologies and other tools to safely support
land management activities to reduce the severity of wildland
fire;
(E) leverage predictive capabilities to reduce the impact
of smoke on communities and wildfire incident management
teams, including wildland firefighters;
(F) improve the understanding of post-fire risk to the
landscape, including flash flooding potential and watershed
impacts;
(G) test and operate models to support land management
decision-making, including through—
(i) operating models to support management of wildland fire
and vegetation;
(ii) the demonstration of integration technologies to
support management of wildland fire in as near-real-time as
possible; and
(iii) the incorporation of decision science and social
science that examines the perception and adoption of
information related to wildland fire risk;
(H) develop a career pathway training program with respect
to carrying out wildland fire research;
(I) develop data management protocols to allow for full and
open exchange of data pursuant to the principles of
findability, accessibility, interoperability, and reusability
(commonly referred to as the “FAIR principles”) and archive
and access that data;
(J) develop training programs for prescribed fire
implementation; and
(K) make its work and data fully and openly available.
(d) Advisory Boards.—
(1) In general.—In accordance with chapter 10 of title 5,
United States Code (commonly referred to as the “Federal
Advisory Committee Act”), the Secretary shall establish at
each regional center an advisory board, to be known as the
“Regional Advisory Board”, to carry out the duties
described in paragraph (4).
(2) Composition.—
(A) In general.—Each Regional Advisory Board shall consist
of members, who shall be from, or have responsibility
covering, the region covered by the relevant regional center,
including at minimum—
(i) one regional representative from each wildland fire
management agency, appointed by that agency;
(ii) one representative from a State government agency from
each State located in that region with expertise in forestry
and wildland fire mitigation and management, appointed by the
Governor of that State;
(iii) one representative from an Indian Tribe or Tribal
organization from that region with expertise in forestry and
wildland fire mitigation and management on Tribal or Federal
land, appointed by the Secretaries; and
(iv) additional representatives elected under subparagraph
(B)(ii).
(B) Elected membership.—
(i) Subcommittee.—Each Regional Advisory Board shall
solicit and approve, on at least an annual basis, nominations
for individuals with operational expertise in wildland fire
mitigation and management to serve as a representative on a
subcommittee to the Regional Advisory Board for the purposes
of clause (ii), composed of not more than 15 individuals,
including representatives from, as applicable—
(I) institutions of higher education or land-grant colleges
and universities;
(II) nongovernmental organizations;
(III) private industry;
(IV) the wildland firefighter community, including
organizations that represent the interests of wildland
firefighters; and
(V) Southwest Ecological Restoration Institutes established
under section 5(a) of the Southwest Forest Health and
Wildfire Prevention Act of 2004 (16 U.S.C. 6704(a)).
(ii) Election.—The subcommittee described in clause (i)
for a Regional Advisory Board may elect a member or members
of the subcommittee to serve as a member of the Regional
Advisory Board under subparagraph (A)(iv) for a 2-year term.
(3) Compensation.—Each member of a Regional Advisory Board
shall serve on a voluntary basis without compensation.
(4) Duties.—Each Regional Advisory Board shall—
(A) ensure and support the coordination of wildland fire
research between the relevant regional center and Federal and
State land management agencies in that region;
(B) communicate the operational needs of Federal and State
land management agencies and wildland fire management
agencies in that region to the relevant regional center and
to the Board governing the Wildfire Intelligence Center
appointed under section 5102(f);
(C) advise, in coordination with the relevant regional
center, on research goals and objectives; and
(D) assist the relevant regional center with the
dissemination of research outputs and data to the Board
governing the Wildfire Intelligence Center appointed under
section 5102(f) and Federal and State land management
agencies and wildland fire management agencies in that
region.
(5) Meetings.—Each Regional Advisory Board shall meet
quarterly.
(6) Term.—Unless specified otherwise, a member of a
Regional Advisory Board shall serve for a term of 4 years.
(7) Vacancies.—
(A) In general.—A vacancy on a Regional Advisory Board—
(i) shall not affect the powers of the Regional Advisory
Board; and
(ii) shall be filled in the same manner as the original
appointment was made by not later than 180 days after the
date on which the vacancy occurs.
(B) Filling unexpired term.—An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the
member replaced.
(e) Report on Wildland Fire Research.—Not later than each
of 2 years and 4 years after the date of enactment of this
Act, the Secretaries, in consultation with the Board
governing the Wildfire Intelligence Center appointed under
section 5102(f), shall submit to the appropriate committees
of Congress a report describing—
(1) the progress each regional center has made in the
development of wildland fire research; and
(2) recommendations to improve wildland fire research.
(f) Consultation.—In carrying out the requirements of this
section, the Secretaries shall consult with—
(1) Federal science agencies; and
(2) the Office of Science and Technology Policy.
SEC. 5122. CONTRACTS, GRANTS, AND AGREEMENTS TO CARRY OUT
CERTAIN ECOSYSTEM RESTORATION ACTIVITIES.
Section 40804 of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592a) is amended by adding at the end the
following:
“(g) Contracts, Grants, and Agreements.—To carry out the
ecosystem restoration activities described in subsection (b),
the Secretary of Agriculture, acting through the Chief of the
Forest Service, may enter into contracts, grants, or
agreements, as appropriate, with State agencies, Indian
Tribes, institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), and multistate coalitions—
“(1) for the collection and maintenance of native plant
materials, including material from managed seed orchards; and
“(2) for the production of native plant materials for
revegetation.”.
SEC. 5123. REFORESTATION OF LAND DESTROYED BY HERMIT'S PEAK/
CALF CANYON FIRE.
Section 104(d)(4) of the Hermit's Peak/Calf Canyon Fire
Assistance Act (division G of Public Law 117-180; 136 Stat.
2172) is amended by adding at the end the following:
“(D) Reforestation.—
“(i) In general.—Notwithstanding paragraph (1)(B),
subject to clause (ii), a claim that is paid for injury under
this Act may include damages resulting from the Hermit's
Peak/Calf Canyon Fire for otherwise uncompensated resource
losses for costs of reasonable efforts, as determined by the
Administrator, incurred by the State of New Mexico not later
than December 31, 2030, to design and construct a center for
the purpose of researching, developing, and generating native
seedlings.
“(ii) Limitation.—The payment of a claim under this Act
may not include amounts to design or construct a center
described in clause (i) until after all claims by an injured
person that are pending on the date of enactment of this
subparagraph are paid or otherwise resolved.”.
SEC. 5124. CONTRACT PREFERENCE FOR LOCAL CONTRACTORS FOR
CERTAIN HAZARDOUS FUEL REDUCTION PROJECTS.
(a) In General.—Title I of the Healthy Forests Restoration
Act of 2003 is amended—
(1) by redesignating sections 107 and 108 (16 U.S.C. 6517,
6518) as sections 108 and 109, respectively; and
(2) by inserting after section 106 (16 U.S.C. 6516) the
following:
“SEC. 107. CONTRACT PREFERENCE FOR LOCAL CONTRACTORS FOR
CERTAIN HAZARDOUS FUEL REDUCTION PROJECTS.
“(a) Definitions.—In this section:
“(1) Appropriate local contractor.—The term `appropriate
local contractor' means an entity that carries out, pursuant
to a contract or agreement, 1 or more authorized projects
located—
“(A) in a State in which—
“(i) the entity has its principal place of business, as
certified by the entity or an individual representing the
entity; and
“(ii) not fewer than 26 percent of the total workforce
assigned to the applicable contract or agreement (including
subcontractors at any tier) will reside, as certified by the
entity or an individual representing the entity; or
“(B) within a 60-mile radius of the State in which the
entity is registered as a business or has its principal place
of business, as certified by the entity or an individual
representing the entity.
“(2) Authorized project.—The term `authorized project'
includes any activity carried out pursuant to—
“(A) an authorized hazardous fuel reduction project; or
“(B) a fireshed management project (as defined in section
5002 of the Fix Our Forests Act).
“(3) Secretary.—The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
“(b) Contract Preference.—Effective beginning on the date
of enactment of the Fix Our Forests Act, the Secretary shall
give preference in awarding a contract to carry out an
authorized project in a State to an appropriate local
contractor, to the maximum extent practicable.
“(c) Report.—Not later than 2 years after the date of
enactment of the Fix Our Forests Act, and not less frequently
than annually thereafter, the Secretary shall submit to
Congress a report that includes—
“(1) a quantitative analysis of the number and percentage
of contracts awarded to appropriate local contractors, the
total dollar value of those contracts, and an assessment of
the economic impact of the contract preference under
subsection (b) on local employment and contractor capacity;
“(2) a description of the reasons for awarding a contract
to carry out an authorized project in a State to an
individual or entity that is not an appropriate local
contractor; and
“(3) a description of the implementation by the Secretary
of this section.
“(d) Monitoring and Evaluation.—
“(1) In general.—The Secretary shall establish a
monitoring and evaluation process—
“(A) to assess compliance with the requirements of this
section, including the contract preference under subsection
(b); and
“(B) to support the reports required under subsection (c).
“(2) Participants.—The process described in paragraph (1)
may include participation by—
“(A) any cooperating governmental agencies, including
Tribal governments; and
“(B) any other interested groups or individuals.”.
(b) Clerical Amendment.—The table of contents contained in
section 1(b) of the Healthy Forests Restoration Act of 2003
(Public Law 108-148; 117 Stat. 1887) is amended by striking
the items relating to sections 107 and 108 and inserting the
following:
“Sec. 107. Contract preference for local contractors for certain
Subtitle C—Litigation Reform
SEC. 5131. 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. 5132. 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. 5141. 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.
(3) Cultural burning.—In this section, the term
“prescribed fire” includes specified cultural burning
activities that an Indian Tribe designates for treatment as
prescribed fire for the purposes of this section.
(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, Indian Tribe, 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,
Indian Tribe, 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 by the Secretary of the Interior, in
consultation with the appropriate Indian Tribe, as important
to the protection of a Tribal trust resource or the reserved
or treaty rights of an Indian Tribe identified by the
Secretary concerned, in consultation with the appropriate
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 and local governments and Indian
Tribes, 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. 5142. 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. 5143. LIABILITY OF PRESCRIBED FIRE MANAGERS.
(a) Definitions.—In this section:
(1) Covered activity.—The term “covered activity” means
an activity carried out on Federal land directly related to a
wildland fire, prescribed fire, or prescribed fire with
cultural objectives in the course of executing a Federal
action.
(2) Covered entity.—The term “covered entity” means a
non-Federal entity that—
(A) carries out a covered activity; and
(B) is acting—
(i) under the direct supervision of a Federal employee; and
(ii) within the scope of a contract or agreement in
carrying out that covered activity.
(b) Indemnity of Federal and Tribal Employees.—The
Secretaries, in coordination with the Attorney General, shall
develop a voluntary training course for employees involved in
covered activities describing—
(1) liability protections afforded to those employees when
acting within the scope of their employment;
(2) the limits on any liability protections under paragraph
(1); and
(3) reimbursements 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).
(c) Indemnity of Other Cooperators.—
(1) In general.—Effective beginning on the date of
enactment of this Act, a covered entity shall be considered
to be an employee of the Federal Government for purposes of
chapter 171 of title 28, United States Code (commonly known
as the “Federal Tort Claims Act”), while that covered
entity carries out any covered activity.
(2) Guidance.—Not later than 1 year after the date of
enactment of this Act, the Secretaries, in consultation with
the Attorney General, shall issue guidance regarding the
necessary provisions of, and implementation requirements for,
contracts or agreements that would extend liability
protection to covered entities pursuant to paragraph (1).
(3) Reimbursement.—Beginning in the first fiscal year that
begins after the date of enactment of this Act, the
Secretaries shall request, through annual appropriations,
funds sufficient to reimburse the Treasury for any claims
paid during the preceding fiscal year pursuant to paragraph
(1).
(d) Effect.—Nothing in this section limits or otherwise
affects the application of—
(1) any statutory or judicial immunity to any Federal
employee;
(2) chapter 171 of title 28, United States Code (commonly
known as the “Federal Tort Claims Act”), to any Federal
employee; or
(3) section 314 of Public Law 101-512 (25 U.S.C. 5321
note).
SEC. 5144. 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;
(B) to address public health and safety, including impacts
from smoke from wildfires and prescribed fires; and
(C) to improve and leverage smoke modeling and smoke
monitoring using existing systems and programs, including the
Interagency Wildland Fire Air Quality Response Program
established under section 1114(f) of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (43 U.S.C.
1748b-1(f)), to provide consistent forecasts on air quality
impacts from wildfire and prescribed fire.
(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 for prescribed fire 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;
(iv) to share with the public information, in coordination
with other State and local agencies with responsibility for
smoke monitoring or regulation, about measures that
individuals can take to protect themselves from wildfire
smoke; and
(v) to promote further development of smoke-ready efforts
to allow communities to be prepared for smoke, including
promotion of smoke planning in community wildfire protection
plans; and
(E) to develop guidance and tools to streamline the
demonstration of a clear causal relationship between
prescribed fire smoke and a related exceedance or
contribution to an exceedance of a national ambient air
quality standard.
(3) Programs and research.—To address the public health
and safety concerns 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, including for health impacts and
transportation safety;
(C) appropriate, cost-effective, and consistent
communications 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;
(E) prescribed fire activity tracking and emission
inventory systems for planning and post-treatment
accountability; and
(F) air quality and atmospheric deposition monitoring to
understand smoke impacts of wildland fires.
(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, Indian Tribes, 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. 5145. 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 Secretaries 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 employment and contracting laws
and 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—
(A) existing authorities of the applicable Federal agency
responsible for the management of the applicable Federal
land; and
(B) the employment and contracting laws of an Indian Tribe
in accordance with paragraph (3), as applicable.
(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) the Secretary may authorize 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 5145(a) of the Fix
Our Forests Act” after “authorized by section 1”.
SEC. 5146. 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 AT RISK
Subtitle A—Community Wildfire Risk Reduction
SEC. 5201. COMMUNITY WILDFIRE RISK REDUCTION PROGRAM.
(a) Establishment.—Not later than 120 days after the date
of enactment of this Act, the Secretaries and the Secretary
of Homeland Security, acting through the Administrator of the
United States Fire Administration, 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.
(11) The National Wildfire Coordinating Group.
(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) using current programming already available to Federal
agencies;
(3) 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;
(4) supporting adoption by Indian Tribes and local
governmental entities of fire-resistant building methods,
codes, and standards;
(5) 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;
(6) encouraging public-private partnerships to conduct
hazardous fuels management activities near and within the
wildland-urban interface, including creating or improving
defensible space around structures;
(7) providing technical and financial assistance targeted
towards communities (including Tribal communities) through
streamlined and unified technical assistance and grant
management mechanisms—
(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;
(8) reducing risk in the built environment by encouraging
increased mitigation measures, such as the use of ignition-
resistant construction and retrofitting materials;
(9) coordinating budgets among the agencies described in
subsection (a) to identify gaps and reduce overlap;
(10) supporting the integration of wildland fire risk
reduction measure and technical assistance into existing
Federal programs, where practicable; and
(11) advancing the development of early wildfire detection
and warning systems for rapid response and community alerts.
(c) 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 and the Secretary of Homeland Security,
acting through the Administrator of the United States Fire
Administration, determine to be appropriate, to improve the
function and operation of the Program.
(d) Coordination.—The Secretaries and the Secretary of
Homeland Security, acting through the Administrator of the
United States Fire Administration, shall seek to ensure that
States and Indian Tribes are invited and represented in
meetings and other activities under this section.
(e) Report.—Not later than 2 years after the date of
enactment of this Act, and not less frequently than once
every 2 years thereafter, the Program, acting through the
representatives described in subsection (a), shall submit to
the relevant committees of Congress a report that—
(1) describes the activities carried out under the Program
during the 2 preceding years;
(2) assesses the management, coordination, implementation,
and effectiveness of Program activities;
(3) suggests improvements for the coordination and
engagement of the Program with States, Indian Tribes, units
of local government, and at-risk communities;
(4) 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;
(5) provides recommendations, to the maximum extent
practicable—
(A) to improve the Program, including the ability of the
Program to provide financial or technical assistance to
States, Indian Tribes, units of local government, and at-risk
communities; and
(B) to modify existing requirements for Federal assistance
or programs that support community wildfire risk reduction to
improve the delivery, effectiveness, or availability of such
assistance or programs;
(6) 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); and
(7) describes any feedback incorporated from non-Federal
stakeholders to improve the function and operation of the
Program.
(f) Sunset.—The Program terminates on the date that is 7
years after the date of enactment of this Act.
SEC. 5202. 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 efforts and opportunities on or
after the date of enactment of this Act 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) preparation for wildland fire smoke;
(4) subdivision design and other land-use planning and
design;
(5) landscape architecture; and
(6) other wildfire-resistant designs, as determined by the
Secretaries.
(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) Coordination.—In carrying out the Program, the
Secretaries shall coordinate with the Administrator of the
United States Fire Administration.
(f) Sunset.—The Program terminates on the date that is 7
years after the date of enactment of this Act.
SEC. 5203. 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 5303 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 5002 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 subsection may be
used for administrative expenses incurred by the Secretary of
Agriculture.”.
SEC. 5204. 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), as determined
by the Secretary of Agriculture.”.
Subtitle B—Vegetation Management, Reforestation, and Local Fire Risk
Mitigation
SEC. 5211. 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. 5212. 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 striking
distance 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 costs incurred in 1 or both of the
following activities:
“(A) Carrying out the project.
“(B) Maintenance within the vicinity of the electric
transmission or distribution facility that reduces fire risk.
“(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. 5213. 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 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. 5214. 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, which may be an update to or
expansion of existing efforts, to be known as the “Seeds of
Success strategy”, to enhance the domestic supply chain of
seeds, which may include herbaceous and tree 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 5215(b)(1)).
(6) Expanding warehouse systems of the Secretaries,
particularly the cold storage capacity of the systems.
(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. 5215. 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 of the Interior may enter into—
(A) cooperative agreements in accordance with processes
established by the Secretary of the Interior; 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 of the Interior 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
of the Interior.
(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) Funding source report.—Not later than 1 year after the
date of enactment of this Act, 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 describes options for dedicated Federal funding other
than annual appropriations to support existing and
anticipated reforestation needs, including seed and seedling
availability.
(8) 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. 5216. 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 or seed orchard that has experience,
as determined by the Secretary, in growing high-quality
native trees or seeds 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.
(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, nonprofit organizations,
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 reforestation needs
and demands for seed or seedlings, climate change impacts,
tree genetics for resistance to pathogens and drought, 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, including workforce development;
and
(B) to leverage economic development assistance for work
with private nurseries;
(6) expand reforestation supply chains through science and
research, seed collection and storage, workforce development,
and nursery infrastructure and operations; and
(7) shorten the timeline for the approval of permits to
collect seeds on National Forest System land.
(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 supply chain.
(E) Such other activities as the Secretary determines to be
appropriate.
SEC. 5217. 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
paying entity shall reimburse a local fire department or a
State wildland firefighter agency if that entity submits to
the 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. 5301. 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 or local government or Indian Tribe;
(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 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, water retention,
and air quality emissions, 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. 5302. 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 awarding of a contract to
conduct 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 hazard potential 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 45 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. 5303. 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) the General Services Administration;
(I) a State, Tribal, county, or municipal fire department,
fire district, land management agency, natural resources
agency, or equivalent agency operating through the United
States Fire Administration or pursuant to an agreement with a
Federal agency; and
(J) 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).
(b) Establishment.—Not later than 1 year after the date of
enactment of this Act, the Executive Director shall establish
a deployment and demonstration pilot program for new and
innovative wildfire prevention, detection, communication,
response, and mitigation technologies.
(c) Functions.—In carrying out the Pilot Program, the
Executive Director shall—
(1) consult with 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, including for mature and
commercially available technologies, with respect to the
deployment of wildfire prevention, detection, communication,
and mitigation technologies, including—
(A) innovations in hazardous fuels reduction activities or
treatments, including the use of prescribed or cultural fire;
(B) spatial planning for unplanned human-caused ignitions;
(C) wildfire modeling and effectiveness algorithms;
(D) dispatch communications;
(E) remote sensing, detection, and tracking;
(F) safety equipment;
(G) common operating pictures or operational dashboards;
(H) interoperable commercial data;
(I) autonomous suppression systems;
(J) grid resilience;
(K) community resilience and home hardening; and
(L) prioritization and decision support tools;
(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;
(4) define clear criteria for evaluating the success of
technologies (including mature and commercially available
technologies) demonstrated under the Pilot Program, focusing
on effectiveness, scalability, and cost-efficiency; and
(5) coordinate with covered agencies to ensure the
efficient deployment of scaled technologies, including
through expanded public-private partnerships, multiagency
contracting for procurement, and authorization of covered
agency staff with technological procurement expertise to
assist other covered agencies in need of that expertise.
(d) Applications.—To be eligible to participate in the
Pilot Program, a covered entity shall submit to the Executive
Director an application at such time, in such manner, and
containing such information as the Executive Director may
require, including a proposal to demonstrate technologies
specific to key technology priority areas identified under
subsection (c)(2).
(e) Existing Partnerships.—
(1) In general.—A covered agency may submit a statement to
the Executive Director describing the effectiveness,
scalability, and cost-efficiency of an existing partnership,
pilot project, or contract a covered entity providing a
technology described in subsection (c)(2).
(2) Successfulness.—The Executive Director may deem a
technology described in a statement submitted under paragraph
(1) to be a successful technology for purposes of this
section.
(f) Outreach.—The Executive Director, 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 180 days
after the date of establishment of the Pilot Program, and
annually thereafter for the duration of the Pilot Program,
the Executive Director 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 brief description of potential technologies deployed
and demonstrated.
(2) An estimate of the cost of acquiring each such
technology and applying the technology at scale.
(3) Outreach efforts by covered agencies to covered
entities developing wildfire technologies.
(4) 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)).
(5) 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.
(6) Barriers and solutions for procurement of technologies
by covered agencies.
(h) Sunset.—The Pilot Program terminates on the date that
is 7 years after the date of enactment of this Act.
SEC. 5304. 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. 5305. 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
otherwise 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 administrative 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. 5306. CONTAINER AERIAL FIREFIGHTING SYSTEM.
(a) Evaluation.—Not later than 1 year after the date of
enactment of this Act, the Secretaries, 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 30 days after the date of
completion of the evaluation under subsection (a), the
Secretaries, 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. 5307. 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).
SEC. 5308. STUDY ON WILDFIRE SMOKE.
Not later than 1 year after the date of enactment of this
Act, the Secretaries, in coordination with the Administrator
of the Environmental Protection Agency, shall conduct and
publish a study—
(1) reviewing the 2 most recent international arrangements
between the Secretaries and the Department of Natural
Resources of Canada concerning the exchange of wildland fire
management resources;
(2) describing the wildland fire management resources
exchanged under the international arrangements described in
paragraph (1);
(3) evaluating the effectiveness of the international
arrangements described in paragraph (1) in reducing wildfire
smoke in the United States; and
(4) making recommendations on best practices to be used in
international arrangements to reduce international wildfire
smoke.
SEC. 5309. ROOT AND STEM PROJECTS.
(a) Definitions.—In this section:
(1) Collaborative process.—The term “collaborative
process” means a process that—
(A) includes multiple interested persons representing
diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125).
(2) Federal land.—The term “Federal land” means National
Forest System land and public land.
(3) Root and stem project.—The term “root and stem
project” means a project, from planning phase to
implementation, that—
(A) is developed through a collaborative process with a
lead project sponsor that will implement the project; and
(B)(i) is located on Federal land; and
(ii) advances 1 or more land management goals established
for the Federal land.
(b) Contracts and Agreements.—
(1) In general.—If a project sponsor submits to the
Secretary concerned a proposal to carry out a root and stem
project on Federal land managed by the Secretary concerned,
the Secretary concerned may enter into a contract or
agreement under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c) with the project
sponsor, under which the project sponsor shall—
(A) complete any analysis that the Secretary concerned
determines to be necessary under Federal law, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), for the root and stem project; and
(B) implement the root and stem project.
(2) Conforming amendment.—Section 604 of the Health
Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended
by section 5112) is amended—
(A) in subsection (b)—
(i) by striking the period at the end and inserting “;
and”;
(ii) by striking “entities to perform” and inserting the
following: “entities—
“(1) to perform”; and
(iii) by adding at the end the following:
“(2) to complete any analysis required under Federal law,
including—
“(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
“(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).”;
(B) in subsection (c), in the matter preceding paragraph
(1), by striking “subsection (b)” and inserting
“subsection (b)(1)”; and
(C) in subsection (d)(4)(A), by striking “services
received under the” and inserting “any analysis required
under Federal law or services received under an”.
(c) Savings Clauses.—
(1) Authority of secretary concerned.—The Secretary
concerned shall—
(A) determine the sufficiency of any documents prepared
relating to an analysis under subsection (b)(1); and
(B) retain responsibility for any authorizing decision
relating to a root and stem project proposed under subsection
(b).
(2) Limitations on reimbursements.—If insufficient
receipts are generated by a root and stem project to
reimburse the project sponsor for the full cost of an
analysis under subsection (b)(1), the Secretary concerned
shall not provide funding in an amount that exceeds the
receipts generated to the project sponsor.
(d) Promotion.—Not later than 60 days after the date of
enactment of this Act, the Secretary concerned shall provide
to each local field office of the Secretary concerned
guidance for—
(1) making stakeholders aware of the authority under this
section; and
(2) encouraging use of that authority to meet land
management goals.
(e) Participation in Civil Actions.—For purposes of a
civil action relating to a root and stem project, the project
sponsor or the State, local, or Tribal government that
participated in the collaborative process to develop the
proposal for the root and stem project shall be entitled to
intervene as a matter of right in that civil action.
Subtitle B—White Oak Resilience
SEC. 5311. 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,
and local governments, Indian Tribes, 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 and forests that support 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
Secretaries 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. 5312. 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. 5313. 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. 5314. 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, and local entities, Indian Tribes, 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;
(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;
(2) the Governor of each State in which restoration efforts
will be carried out pursuant to the Program; and
(3) Indian Tribes.
(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
5311(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. 5315. 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, and private tree nurseries
and tree nurseries of Indian Tribes 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,
including the consideration of Indigenous knowledge; 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, improve
quality, quantity, genetic resources, and availability, and
close gaps in seed inventories; and
(D) barriers to expanding, enhancing, or creating new
infrastructure to increase nursery capacity.
SEC. 5316. 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 heritable 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. 5317. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE.
(a) Partnerships.—
(1) In general.—The Secretary, acting through the Director
of the National Institute of Food and Agriculture, shall
enter into a partnership with an eligible entity described in
paragraph (2) to conduct research on improving white oak
species resiliency, health, and preservation, including
research on—
(A) population-scale sequencing;
(B) stress response traits;
(C) seedling physiology and performance; and
(D) white oak product development.
(2) Eligible entity.—
(A) In general.—An eligible entity referred to in
paragraph (1) is a land-grant college or university described
in subparagraph (B) that has demonstrated—
(i) scientific expertise relating to white oak;
(ii) the ability to rapidly transfer technologies to the
stave industry;
(iii) geographic proximity to concentrated areas of white
oak; and
(iv) support for regional economic development.
(B) Land-grant colleges and universities.—A land-grant
college or university referred to in subparagraph (A) is—
(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); or
(iii) 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) Priorities.—The Secretary, acting through the Director
of the National Institute of Food and Agriculture, shall
prioritize research relating to the resistance of white oak
to disease, pest, heat, and drought in cultivated, new, and
old-growth white oak timber stands.
SEC. 5318. 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. 5319. USE OF AUTHORITIES.
To the maximum extent practicable, the Secretaries 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 division); 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 division).
TITLE IV—ENSURING CASUALTY ASSISTANCE FOR FIREFIGHTERS
SEC. 5401. 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) require hospitalization or treatment at a medical
facility due to a critical injury; 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
require hospitalization or treatment at a medical facility
due to a critical injury 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 critical injury or illness in the line of
duty.
(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 critical injury or illness in the line of
duty.
(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.
TITLE V—OTHER MATTERS
SEC. 5501. USE OF FUNDS FROM COOPERATIVE FUNDS AGREEMENTS.
(a) Definitions.—In this section:
(1) Cooperative funds agreement.—The term “cooperative
funds agreement” means an agreement under—
(A) the Act of June 30, 1914 (commonly known as the
“Cooperative Funds Act”) (16 U.S.C. 498); or
(B) section 1 of the Act of March 3, 1925 (16 U.S.C. 572).
(2) Secretary.—The term “Secretary” means the Secretary,
acting through the Chief of the Forest Service.
(b) Treatment.—
(1) In general.—Except as provided in paragraph (2),
notwithstanding any other provision of law, regulation, or
agency decision, the Secretary shall fulfill the obligations
of the Federal Government with respect to each cooperative
funds agreement in effect on or after the date of enactment
of this Act.
(2) Exceptions.—The Secretary may waive the applicability
of paragraph (1) to a cooperative funds agreement if—
(A) the Secretary determines that 1 or more parties to the
cooperative funds agreement have not fulfilled the
obligations of the parties under the cooperative funds
agreement; or
(B) fulfilling the obligations of the Federal Government
with respect to the cooperative funds agreement would violate
section 1341 of title 31, United States Code.
(c) Limitations.—
(1) Federal employees.—A Federal employee (including
seasonal, permanent seasonal, and temporary employees) hired
using funds provided under a cooperative funds agreement
shall not, for the duration of the cooperative funds
agreement, be subject to—
(A) any limitation on hiring (commonly referred to as a
“hiring freeze”);
(B) any reduction in force; or
(C) any deferred resignation or voluntary early retirement
program.
(2) Non-federal funds.—The non-Federal funds provided to
the Secretary pursuant to a cooperative funds agreement shall
not be subject to any limitation on spending.
SEC. 5502. EMERGENCY FOREST WATERSHED PROGRAM.
(a) Funding and Administration.—Section 404(b) of the
Agricultural Credit Act of 1978 (16 U.S.C. 2204(b)) is
amended by inserting “to carry out section 401” after “for
a fiscal year”.
(b) Emergency Forest Watershed Program.—Title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is
amended by adding at the end the following:
“SEC. 408. EMERGENCY FOREST WATERSHED PROGRAM.
“(a) Definitions.—In this section:
“(1) Emergency watershed protection measures.—The term
`emergency watershed protection measures' means measures
that—
“(A) are necessary to address runoff, soil erosion, and
flooding caused by a natural disaster or any other natural
occurrence that has caused a sudden impairment to natural
resources on National Forest System land, and the damage, if
not treated—
“(i) would significantly impair or endanger the natural
resources on the National Forest System land; and
“(ii) would pose an immediate risk to water resources or
loss of life or property in connection to a sudden impairment
of a National Forest System watershed or downstream of the
National Forest System land or waterways; and
“(B) would maintain or restore forest health and forest-
related resources on the National Forest System land.
“(2) Natural disaster.—The term `natural disaster' has
the meaning given the term in section 407(a).
“(3) Sponsor.—The term `sponsor' means—
“(A) a State or local government;
“(B) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)); and
“(C) a water district, water conservation district, water
utility, or special district.
“(b) Authorization.—The Secretary, acting through a
sponsor, is authorized to undertake emergency watershed
protection measures on National Forest System land.
“(c) Agreements; Payments.—
“(1) In general.—Notwithstanding chapter 63 of title 31,
United States Code, the Secretary may enter into an agreement
with a sponsor and make payments to the sponsor, on request
of the sponsor, to carry out emergency watershed protection
measures.
“(2) Requirements.—
“(A) Project timelines.—
“(i) In general.—Following a natural disaster or natural
occurrence that necessitates the carrying out of emergency
watershed protection measures, the Secretary shall execute
agreements under paragraph (1) as expeditiously as possible.
“(ii) Timeline.—Each agreement under paragraph (1) shall
include a timeline by which the sponsor shall complete all
emergency watershed protection measures during the 2-year
period following the conclusion of the applicable natural
disaster or natural occurrence, as determined by the
Secretary, that necessitated the carrying out of those
measures.
“(iii) Continued monitoring.—A sponsor that has entered
into an agreement under paragraph (1) may monitor, maintain,
repair, or replace emergency watershed protection measures
for a period of not more than 3 years following the
conclusion of the natural disaster or natural occurrence, as
determined by the Secretary, that necessitated the carrying
out of those measures when failure to do so would result in
unacceptable risk to National Forest System land or
downstream water users.
“(B) Payments.—The Secretary, in accordance with an
agreement entered into under paragraph (1)—
“(i) may make partial payments prior to completion of the
applicable project; and
“(ii) shall make final payment for the project not later
than 30 days after the date on which the project is
completed.
“(d) Waived Matching Requirements.—The Secretary shall
waive any matching requirements for payments made under
subsection (c)(1).
“(e) Liability.—
“(1) In general.—A sponsor that carries out emergency
watershed protection measures pursuant to an agreement under
subsection (c)(1) shall not be required to indemnify the
United States for any liability resulting from carrying out
emergency watershed protection measures pursuant to that
agreement.
“(2) Savings provision.—Nothing in this subsection
precludes liability for damages or costs relating to the
carrying out of emergency watershed protection measures by a
sponsor pursuant to an agreement entered into under
subsection (c)(1) if the sponsor acted with willful or wanton
negligence or reckless conduct in carrying out those
measures.
“(f) Assumption of Risk.—A sponsor that carries out
emergency watershed protection measures prior to entering
into an agreement under subsection (c)(1) shall assume the
risk of incurring any cost or liability resulting from
carrying out those measures.”.
SEC. 5503. IMPROVING THE EMERGENCY CONSERVATION PROGRAM.
Section 401 of the Agricultural Credit Act of 1978 (16
U.S.C. 2201) is amended—
(1) in subsection (b)—
(A) in the subsection heading, by inserting “and Other
Emergency Conservation Measures” after “Fencing”;
(B) in paragraph (1)—
(i) by inserting “or for other emergency measures to
replace or restore farmland or conservation structures
requiring an immediate response (as determined by the
Secretary),” after “replacement of fencing,”; and
(ii) by striking “option of receiving” and all that
follows through the period at the end and inserting the
following: “option of receiving, before the agricultural
producer carries out the repair, replacement, or
restoration—
“(A) with respect to a payment to the agricultural
producer for a replacement, 75 percent of the cost of the
replacement, as determined by the Secretary; and
“(B) with respect to a payment to the agricultural
producer for a repair or restoration, 50 percent of the cost
of the repair or restoration, as determined by the
Secretary.”; and
(C) in paragraph (2), by striking “60-day” and inserting
“180-day”; and
(2) by adding at the end the following:
“(c) Wildfire Determination.—A wildfire that causes
damage eligible for a payment under subsection (a) includes—
“(1) a wildfire that is not caused naturally, if the
damage is caused by the spread of the wildfire due to natural
causes; and
“(2) a wildfire that is caused by the Federal
Government.”.
SEC. 5504. IMPROVING THE EMERGENCY FOREST RESTORATION
PROGRAM.
Section 407 of the Agricultural Credit Act of 1978 (16
U.S.C. 2206) is amended—
(1) in subsection (a)(2), by striking “wildfires,” and
inserting “wildfires (including a wildfire that is not
caused naturally, if the damage is caused by the spread of
the wildfire due to natural causes, and a wildfire that is
caused by the Federal Government),”;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
“(e) Advance Payments.—
“(1) In general.—The Secretary shall give an owner of
nonindustrial private forest land the option of receiving,
before the owner carries out emergency measures under this
section, not more than 75 percent of the cost of the
emergency measures, as determined by the Secretary.
“(2) Return of funds.—If the funds provided under
paragraph (1) are not expended by the end of the 180-day
period beginning on the date on which the owner of
nonindustrial private forest land receives those funds, the
funds shall be returned within a reasonable timeframe, as
determined by the Secretary.”.
SEC. 5505. ESTABLISHMENT OF A UNIFIED DISASTER ASSISTANCE
INTAKE PROCESS AND SYSTEM.
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding
at the end the following:
“SEC. 707. ESTABLISHMENT OF A UNIFIED DISASTER ASSISTANCE
INTAKE PROCESS AND SYSTEM.
“(a) Definitions.—In this section:
“(1) Administrator.—The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
“(2) Applicant.—The term `applicant' means—
“(A) an individual, business, or organization that applies
for disaster assistance from a disaster assistance program;
“(B) an individual, business, or organization on behalf of
which an individual described in subparagraph (A) applies for
disaster assistance from a disaster assistance program; and
“(C) an individual, business, or organization that seeks
assistance as a beneficiary of a State, local government, or
Indian tribal government that received assistance under a
disaster assistance program.
“(3) Disaster assistance agency.—The term `disaster
assistance agency' means—
“(A) the Federal Emergency Management Agency; and
“(B) any Federal agency that provides disaster assistance
to individuals, businesses, organizations, States, local
governments, Indian tribal governments, communities, or
organizations that the Administrator certifies as a disaster
assistance agency in accordance with subsection (f) to carry
out the purposes of a disaster assistance program.
“(4) Disaster assistance information.—The term `disaster
assistance information' includes any personal, biographical,
demographic, geographical, financial, application decision,
or other information that a disaster assistance agency, or a
recipient of a Federal block grant from a disaster assistance
agency, is authorized to collect, maintain, disclose, or use
to—
“(A) process an application for disaster assistance from a
disaster assistance program; or
“(B) otherwise carry out the purpose of a disaster
assistance program.
“(5) Disaster assistance program.—The term `disaster
assistance program' means—
“(A) a program that provides disaster assistance to
individuals and households under title IV or V in accordance
with sections 408 and 502; or
“(B) any other assistance program authorized by a Federal
statute or funded with Federal appropriations under which a
disaster assistance agency awards or distributes disaster
assistance to an individual, household,
or organization, or provides a Federal block grant for these
purposes, that arises from a major disaster or emergency
declared under section 401 or 501, respectively, including—
“(i) disaster assistance;
“(ii) long-term disaster recovery assistance;
“(iii) the post-disaster restoration of infrastructure and
housing;
“(iv) post-disaster economic revitalization;
“(v) a loan authorized under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)); and
“(vi) food benefit allotments under section 412 of this
Act and section 5(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(h)).
“(6) Record.—The term `record' has the meaning given the
term in section 552a of title 5, United States Code.
“(b) Unified Disaster Assistance Intake Process and
System.—
“(1) In general.—Not later than 360 days after the date
of enactment of this section, the Administrator shall, in
consultation with appropriate Federal, State, local, and
Indian tribal governments and entities, develop and establish
a unified intake process and system for applicants for
disaster assistance provided by a disaster assistance agency
to—
“(A) facilitate a consolidated application for any form of
disaster assistance provided by a disaster assistance agency
when appropriate to support the nature and purposes of the
assistance;
“(B) carry out the purposes of disaster assistance
programs swiftly, efficiently, fairly, and in accordance with
applicable laws and privacy and data protections; and
“(C) support the detection, prevention, and investigation
of waste, fraud, abuse, or discrimination in the
administration of disaster assistance programs, which may
include the support of the Do Not Pay working system
described in section 3354(c) of title 31, United States Code.
“(2) Capabilities of the consolidated application
system.—The unified intake process and system established
under paragraph (1) shall—
“(A) accept applications for disaster assistance programs;
“(B) allow for applicants to receive status updates on
applications for disaster assistance programs;
“(C) allow for applicants to update disaster assistance
information throughout the recovery journeys of those
applicants;
“(D) allow for the distribution of information on
additional recovery resources to disaster survivors that may
be available in a disaster-stricken jurisdiction, in
coordination with appropriate Federal, State, local, and
Tribal partners;
“(E) provide disaster survivors with information and
documentation on the applications of those disaster survivors
for a disaster assistance program;
“(F) allow for the distribution of application data to
support faster and more effective distribution of Federal
disaster assistance, including block grant assistance, for
disaster recovery;
“(G) allow for disaster assistance agencies to communicate
directly with disaster survivors; and
“(H) contain other capabilities determined necessary by
the heads of disaster assistance agencies.
“(3) Updates.—Not later than 30 days after the date on
which the Administrator receives a request from a disaster
assistance agency to update questions in the consolidated
application described in paragraph (1) needed to administer
the disaster assistance programs of the disaster assistance
agency, the Administrator shall make those updates.
“(c) Authorities of Administrator.—The Administrator
may—
“(1) collect, maintain, disclose, and use disaster
assistance information, including such information received
from any disaster assistance agency, with any other disaster
assistance agency for purposes of subsection (b)(1); and
“(2) subject to subsection (d), authorize the collection,
maintenance, disclosure, and use of disaster assistance
information collected on or after the date of enactment of
this section by publishing a notice on a public website
that—
“(A) includes a detailed description of—
“(i) the specific disaster assistance information
authorized to be collected, maintained, disclosed, and used;
“(ii) why the collection, maintenance, disclosure, or use
of the disaster assistance information is necessary to carry
out the purpose of a disaster assistance program;
“(iii) how the collection, maintenance, disclosure, and
use of disaster assistance information incorporates fair
information practices; and
“(iv) the disaster assistance agencies that will be
granted access to the disaster assistance information to
carry out the purpose of any disaster assistance program; and
“(B) provides that the submission of an application
through a unified disaster application constitutes prior
written consent to disclose disaster assistance information
to disaster assistance agencies for the purpose of section
552a(b) of title 5, United States Code.
“(d) Collection and Sharing of Records and Information.—
“(1) Effect of publication of notice on public website.—
The publication of a notice by the Administrator on a public
website of a revision to the system of records of the unified
intake process and system established under subsection (b)(1)
prior to any new collection, maintenance, disclosure, or use
of records to carry out the purposes of a disaster assistance
program with respect to a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of this Act shall be deemed to satisfy the
notice and publication requirements of section 552a(e)(4) of
title 5, United States Code, for the entire period of
performance for any assistance provided under a disaster
assistance program.
“(2) Paperwork reduction act waiver.—
“(A) In general.—Upon the declaration of a major disaster
or emergency pursuant to section 401 or 501, respectively, of
this Act, the Administrator may waive the requirements of
subchapter I of chapter 35 of title 44, United States Code
(commonly known as the `Paperwork Reduction Act'), with
respect to the voluntary collection of information specific
to the declared major disaster or emergency needed to carry
out the purposes of a disaster assistance program.
“(B) Duration.—A waiver described in subparagraph (A)
shall be in effect for the entire period of performance for
any assistance provided under a disaster assistance program
with respect to a declared major disaster or emergency.
“(C) Transparency.—If the Administrator waives the
requirements described in subparagraph (A), the Administrator
shall—
“(i) promptly post on a public website—
“(I) a brief justification for the waiver; and
“(II) the agencies and offices to which the waiver shall
apply;
“(ii) update the information posted under clause (i), as
applicable; and
“(iii) comply with the requirements of subchapter I of
chapter 35 of title 44, United States Code (commonly known as
the `Paperwork Reduction Act') upon the expiration of the
period of performance of any assistance provided under a
disaster assistance program if the collection of information
may be utilized for the purposes of supporting the disaster
assistance program in future major disaster or emergency
declarations.
“(D) Effectiveness of waiver.—Any waiver under
subparagraph (A) shall take effect on the date on which the
Administrator posts information on the internet website as
provided for under subparagraph (C).
“(e) Data Security.—The Administrator shall facilitate
the collection of disaster assistance information into a
unified application only after—
“(1) the Administrator certifies that the unified
application substantially complies with the data security
standards established pursuant to subchapter II of chapter 35
of title 44, United States Code, and any other applicable
Federal information security policy;
“(2) the Secretary of Homeland Security publishes a
privacy impact assessment for the unified application that is
similar to the privacy assessment conducted under section
208(b)(1)(B) of the E-Government Act of 2002 (44 U.S.C. 3501
note); and
“(3) the Administrator, in consultation with disaster
assistance agencies, publishes standard rules of behavior for
disaster assistance agencies and personnel granted access to
disaster assistance information to protect such information
from improper disclosure.
“(f) Certification of Disaster Assistance Agencies.—
“(1) In general.—The Administrator may certify a Federal
agency as a disaster assistance agency only after posting an
agreement between the Administrator and the Federal agency on
a public website that contains the detailed terms of the
agreement.
“(2) Contents of agreement.—An agreement between the
Administrator and a Federal agency described in paragraph (1)
shall state that the Federal Emergency Management Agency and
the Federal agency will—
“(A) collect, disclose, maintain, and use disaster
assistance information in accordance with—
“(i) this section; and
“(ii) subject to subsection (i)(2), any existing policies
of the Federal Emergency Management Agency and the Federal
agency for information protection and use;
“(B) train any personnel granted access to disaster
assistance information on the rules of behavior established
by the Administrator under subsection (e)(3);
“(C) in the event of any unauthorized disclosure of
disaster assistance information—
“(i) not later than 24 hours after discovering the
unauthorized disclosure—
“(I) in the case of an unauthorized disclosure by the
Federal agency, notify the Administrator of the disclosure;
and
“(II) in the case of an unauthorized disclosure by the
Federal Emergency Management Agency, notify disaster
assistance agencies of the disclosure;
“(ii) cooperate fully with the Administrator and disaster
assistance agencies in the investigation and remediation of
the disclosure; and
“(iii) cooperate fully in the prosecution of a person
responsible for the disclosure; and
“(D) assume responsibility for any compensation, civil
liability, or other remediation measure awarded by a judgment
of a court or agreed upon as a compromise of any potential
claim by or on behalf of an applicant, including by obtaining
credit monitoring and remediation services, for an improper
disclosure of disaster assistance information that is—
“(i) caused, directly or indirectly, by the acts or
omissions of an officer, employee, or contractor of the
Federal agency; or
“(ii) from any electronic system of records that was
created or maintained by the Federal agency pursuant to
section 552a(e) of title 5, United States Code.
“(g) Certification for Nonparticipation.—
“(1) Covered disaster assistance defined.—In this
subsection, the term `covered disaster assistance' means—
“(A) disaster assistance that a Federal agency is
automatically authorized to provide following a major
disaster or emergency declared under section 401 or 501; or
“(B) disaster assistance that is authorized and funded
under an appropriations Act specifically related to a major
disaster or emergency declared under section 401 or 501.
“(2) Requirement.—Not later than 6 months after the date
of enactment of this section, and every 4 years thereafter, a
Federal agency that is providing covered disaster assistance,
but has chosen not to participate in the unified intake
process and system established under subsection (b)(1), shall
provide to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a certification detailing—
“(A) why the Federal agency is not participating in the
unified intake process and system established under
subsection (b)(1); and
“(B) the stakeholders with which the Federal agency
consulted to reach the decision under subparagraph (A).
“(h) Reports.—
“(1) Fema.—Not later than 1 year after the date of
enactment of this section, and every year thereafter for 2
years, the Administrator, in coordination with the heads of
disaster assistance agencies, shall submit to Congress a
report on the implementation of this section, including—
“(A) how disaster assistance agencies are working together
to implement the requirements under this section;
“(B) the effect of this section on disaster survivor
burden and the speed and efficiency of delivering disaster
assistance; and
“(C) a description of any other challenges that require
further legislative action.
“(2) Gao.—Not later than 3 years after the date of
enactment of this section, the Comptroller General of the
United States shall submit to Congress a report on how the
implementation of this section has affected the disaster
survivor experience, and any recommendations for improvements
to the requirements under this section.
“(i) Briefings.—Not later than 90 days after the date of
enactment of this section, and again not later than 180 days
after the date of enactment of this section, the
Administrator shall brief Congress on—
“(1) the status of the implementation of the requirements
under this section; and
“(2) how disaster assistance agencies are working together
to implement the requirements under this section.
“(j) Rules of Construction.—
“(1) Inapplicability of matching program provisions.—The
disclosure and use of disaster assistance information subject
to the requirements of section 552a of title 5, United States
Code, among disaster assistance agencies or with State,
local, or Tribal governments carrying out disaster assistance
programs shall not—
“(A) be construed as a matching program for the purpose of
section 552a(a)(8) of title 5, United States Code; or
“(B) be subject to subsection (e)(12), (o), (p)(1)(A)(ii),
(q), (r), or (u) of section 552a of title 5, United States
Code.
“(2) Clarifications.—
“(A) In general.—Nothing in this section shall be
construed to authorize the Administrator to make decisions
relating to the disaster assistance program of an agency
other than the Federal Emergency Management Agency.
“(B) Reducing burdens on disaster survivors.—The purpose
of this section is solely to improve the intake and sharing
of information to reduce burdens on survivors of major
disasters and emergencies.
“(3) Authorities in other laws.—Nothing in this section
shall be construed to affect the authority of an entity to
share disaster assistance information regarding programs
funded or facilitated by the entity in accordance with any
other law or agency policy.
“(4) Applying to multiple programs.—Nothing in this
section shall be construed to require an applicant to apply
to more than 1 disaster assistance program.
“(5) Program authorization.—Nothing in this section shall
be construed to authorize a program that is not authorized by
law as of the date of enactment of this section.
“(6) Agreements.—Nothing in this section shall be
construed as requiring a Federal agency to sign an agreement
described in subsection (f)(2) if the head of that Federal
agency determines that the inclusion of the disaster
assistance programs under the jurisdiction of the Federal
agency in the unified intake process and system established
under subsection (b)(1) is not appropriate to support the
nature and purposes of those disaster assistance programs.”.