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Title II — Carbon Sequestration Through Improved Forest Management Activities

H.R. 5859 · 116th Congress · Feb 12, 2020 · Lineage

II Carbon Sequestration Through Improved Forest Management Activities

Sec. 201 Carbon sequestration through land use planning; supplements to pro­gram­mat­ic environmental impact statements

(a)
Definitions—
(1)
Covered land— The term covered land means public lands that are not excluded from forest management practices as a result of——
(A)
public lands administered by the Secretary concerned;
(B)
a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(C)
inclusion in the National Wilderness Preservation System;
(D)
inclusion within a National or State-specific inventoried roadless area established by the Secretary concerned, unless—
(i)
the forestry management activity to be carried out is consistent with the forest plan applicable to the area; or
(ii)
the Secretary concerned determines the forest management activity is allowed under the roadless rule governing such lands; or
(E)
on which timber harvesting for any purposing is prohibited by Federal statute.
(2)
Wildland-Urban Interface Protection Projects— The term Wildland-Urban Interface Protection Projects means any forest or rangeland management project which takes place within the boundaries, or adjacent to, an at-risk community (as defined in section 101 of the Healthy Forest Restoration Act (16 U.S.C. 6511)).
(3)
Watershed Protection Projects— The term watershed protection project means any forest or rangeland management project with the primary objective of—
(A)
protecting a municipal water source;
(B)
increasing water quality;
(C)
increasing water yield; or
(D)
any combination of the purposes specified in subparagraphs (A) through (C).
(4)
Critical Infrastructure Projects— The term critical infrastructure projects means any forest or rangeland management project with the primary objective of—
(A)
reducing wildfire ignition along transportation and transmission corridors;
(B)
protecting public infrastructure from wildfire;
(C)
removing hazard trees and other hazardous fuel from transmission corridors; or
(D)
any combination of the purposes specified in subparagraphs (A) through (C).
(5)
Wildlife Habitat Restoration Projects— The term wildlife habitat restoration project means any forest or rangeland management project with the primary objective of—
(A)
wildlife habitat improvement;
(B)
protecting, improving, and enhancing management with respect to critical habitat as defined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or
(C)
any combination of the purposes specified in subparagraphs (A) and (B).
(b)
Priority areas—
(1)
In general— The Secretaries shall establish priority areas on covered lands for wildland-urban interface protection, watershed protection, critical infrastructure, and wildlife habitat restoration projects.
(2)
Deadline—
(A)
Wildland-urban interface protection projects— For wildland-urban interface protection projects, the Secretaries shall establish priority areas as soon as practical, but not later than 36 months after the date of the enactment of this section.
(B)
Watershed protection projects— For watershed protection projects, the Secretaries shall establish priority areas as soon as practical, but not later than 60 months after the date of the enactment of this section.
(C)
Critical Infrastructure Projects— For critical infrastructure projects, including transportation and transmission corridors, the Secretaries shall establish priority areas as soon as practical, but not later than 60 months after the date of the enactment of this section.
(D)
Wildlife habitat restoration projects— For Wildlife Habitat Restoration Projects, the Secretaries shall establish priority areas as soon as practical, but not later than 60 months after the date of the enactment of this section.
(3)
Prioritization— For all projects listed under paragraph (2), the Secretaries shall prioritize projects which—
(A)
apply to land classified as high or extreme risk of wildfire;
(B)
are in close proximity to critical infrastructure, watersheds, reservoirs, and aquifers; and
(C)
will—
(i)
increase storage capacity of carbon through new wood growth; or
(ii)
reduce carbon emissions that result from tree mortality or wildfires.
(4)
Review and modification— Not less frequently than once every 5 years, the Secretary concerned shall—
(A)
review the current priority areas and reassess priorities based on shifting fire risk, increased development in the Wildland-Urban Interface, and project success; and
(B)
based on such review, add, modify, or eliminate priority areas.
(5)
Compliance with the National Environmental Policy Act— For purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the designation of each priority area described in paragraph (2) shall not be considered a separate major Federal action.
(6)
Coordination and consultation— The Secretary concerned shall coordinate and consult with appropriate State, Tribal, and local governments, electrical transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are—
(A)
economically viable;
(B)
likely to avoid or minimize conflict with habitat for animals and plants, recreational users, cultural resources, and other uses of covered land; and
(C)
consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
(7)
Environmental Review on Covered Land—
(A)
In general— If the Secretary determines that a proposed forest or rangeland management project has been sufficiently analyzed by a previously completed environmental impact statement, the Secretary shall not require any additional review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B)
Additional environmental review— If the Secretary determines that additional environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a forest or rangeland management project, the Secretary concerned shall rely on the analysis in any relevant environmental impact statement conducted when analyzing the potential impacts of the project.
(8)
Report to Congress—
(A)
In general— Not later than February 1 of the first fiscal year beginning after the date of the enactment of this section, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the programs established under this section during the preceding year.
(B)
Inclusions— Each report under this section shall include—
(i)
stored carbon projections for forest or rangeland management projects; and
(ii)
a description of any problems relating to leasing, permitting, siting, or production with respect to carrying out this section.

Sec. 202 Emissions consideration of management injunctions

(a)
Balancing short- and long-Term effects of forest management activities in considering injunctive relief— In considering any motion for equitable relief (including injunctive relief) applicable to a Federal agency action taken as part of a forest management activity, a court shall consider the effect on the ecosystem affected by the forest management activity of—
(1)
the short-term and long-term effects if the agency action is carried out, including the potential decreased carbon storage through stand stagnation; and
(2)
the short-term and long-term effects of not carrying out the action, including the potential for increased carbon emission due to wildfire.
(b)
Lifecycle analysis— The court reviewing the agency action shall consider the lifecycle analysis of carbon storage developed by the Secretary under section 103(b).
(c)
Time limitations for injunctive relief—
(1)
In general— Subject to paragraph (2), the length of any preliminary injunctive relief or stay pending appeal applicable to any Federal agency action as part of a forest management activity, may not exceed 60 days.
(2)
Renewal—
(A)
In general— A court may issue one or more renewals of any preliminary injunction or stay pending appeal granted under subsection (a).
(B)
Updates— In each motion for renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity.

Sec. 203 Storing carbon on State and private forests

(a)
Adding sequestration as a priority— Section 2(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101) is amended—
(1)
by redesignating subparagraphs (6) through (10) as subparagraphs (7) through (11), respectively; and
(2)
by inserting after paragraph (5) the following:

“(6) the encouragement of reforestation and related carbon sequestration;”

(b)
Support for State Assessments and Strategies for Forest Resources when considering carbon emissions— Section 2A(a)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)(1)) is amended—
(1)
by redesignating subparagraph (C) and (D) as subparagraphs (D) and (E), respectively; and
(2)
by inserting after subparagraph (B) the following:

“(C) the current amount of carbon stored on State lands and opportunities for increased storage;”

(c)
Carbon storage through the forest stewardship program— Section 5(d)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103a(d)) is amended by inserting “carbon sequestration and storage” before “and the aesthetic”.
(d)
Carbon storage through the forest legacy program— Section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended by striking subsection (e) and inserting the following:

“(e) Eligibility—Not later than November 28, 1991, and in consultation with State Forest Stewardship Coordinating Committees established under section 19(b) and similar regional organizations, the Secretary shall establish eligibility criteria for the designation of forest areas from which lands may be entered into the Forest Legacy Program and subsequently select such appropriate areas. To be eligible, such areas shall have significant environmental values or amount of carbon stored or shall be threatened by present or future conversion to nonforest uses. Of land proposed to be included in the Forest Legacy Program, the Secretary shall give priority to lands which can be effectively protected and managed; areas which can be managed as a working landscape benefitting the local economy; or areas which have important scenic or recreational values; riparian areas; fish and wildlife values, including threatened and endangered species; or other ecological values.”

(e)
Carbon storage through the community forest and open space conservation program— Section 7A(c)(1)(B)(ii) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d(c)(1)(B)(ii)) is amended by inserting “, carbon sequestration,” before “and wildlife”.
(f)
Carbon storage through the promotion of forest health— Section 8(a) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104(a)) is amended—
(1)
by redesignating paragraphs (4) through (6) as paragraphs (5) through (7); and
(2)
by inserting after paragraph (3) the following:

“(4) protect or enhance carbon stored on healthy forestland;”

(g)
Carbon storage through urban and community forestry— Section 9(d)(3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105(d)(3)) is amended—
(1)
in subparagraph (C), by striking “and” at the end;
(2)
in subparagraph (D), by inserting “and” at the end; and
(3)
by inserting at the end the following:

“(E) identifying opportunities to increase carbon stored through afforestation and scientific urban forestry management;”

(h)
Carbon storage through the reduction of catastrophic wildfire— Section 10A(b)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c(b)(1)) is amended—
(1)
in subparagraph (C), by striking “and” at the end;
(2)
in subparagraph (D), by striking the period and inserting “and” at the end; and
(3)
by inserting at the end the following:

“(E) to educate the public about the carbon stored in healthy forests and carbon emitted through wildfire and forest decline.”

(i)
Carbon storage through the State and private forest landscape-Scale restoration— Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended—
(1)
in subsection (e)—
(A)
in paragraph (6), by striking “and” at the end;
(B)
by redesignating paragraph (7) as paragraph (8); and
(C)
by inserting after paragraph (6) the following:

“(7) to improve the carbon storage potential of such forests; and”

(2)
in subsection (l), by amending paragraph (3) to read as follows:

“(3) Authorization of appropriations—There is authorized to be appropriated to the Fund $25,000,000 for each fiscal year beginning with the first full fiscal year after the date of the enactment of the Trillion Trees Act through fiscal year 2025, to remain available until expended.”

Sec. 204 Carbon sequestration through the good neighbor authority

Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
(1)
in subsection (a)(4)(A)—
(A)
in clause (ii), by striking “and” at the end;
(B)
by redesignating clause (iii) as clause (iv); and
(C)
by inserting after clause (ii) the following:

“(iii) activities to increase stored carbon; and”

(2)
in subsection (b)(2), by amending subparagraph (C) to read as follows:

“(C) Treatment of revenue—Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor to carry out authorized restoration services on Federal land under the good neighbor agreement.”

Sec. 205 Carbon sequestration research programs

Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is amended—
(1)
in subsection (a), by adding at the end the following:

“(6) Renewable resource assessment research shall include, as appropriate, research activities related to the sequestration of carbon, including the increased carbon storage through afforestation, reforestation, forest and rangeland management, and the utilization of wood and other materials derived from forest and rangeland renewable resources to store carbon in building materials, industrial and consumer products.”

(2)
in subsection (d)(2), by adding at the end the following:

“(F) Carbon sequestration.”