Save Our Sequoias Act
A BILL
To improve the health and resiliency of giant sequoias, and for other purposes.
2. Definitions
In this Act:
Assessment— The term Assessment means the Giant Sequoia Health and Resiliency Assessment required by section 5.
Coalition— The term Coalition means the Giant Sequoia Lands Coalition established under section 4.
Collaborative process— The term collaborative process means a process relating to the management of covered National Forest System lands or covered public lands by which a project or forest management activity is developed and implemented by the Secretary concerned through collaboration with multiple interested persons representing diverse interests.
Covered National Forest System lands— The term covered National Forest System lands means the proclaimed National Forest System lands reserved or withdrawn from the public domain of the United States covering the Sequoia National Forest and Giant Sequoia National Monument, Sierra National Forest, and Tahoe National Forest.
Covered public lands— The term covered public lands means—
the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and
Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service.
Giant sequoia— The term giant sequoia means a tree of the species Sequoiadendron giganteum.
Grove-specific hazardous fuels reduction plan— The term grove-specific hazardous fuels reduction plan means a plan developed by the applicable land management agency prior to conducting an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to address hazardous fuels in 1 or more giant sequoia groves.
Protection Project— The term Protection Project means a project to carry out forest management activities that are intended to benefit giant sequoias, including—
activities recommended by the Assessment;
conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning;
removing hazard trees, as determined by the responsible official;
removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand as determined by the responsible official;
activities included in the applicable grove-specific hazardous fuels reduction plan;
using treatments to address insects and disease and control competing vegetation; and
any combination of activities described in subparagraphs (A) through (F).
Reforestation— The term reforestation means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through—
natural regeneration;
natural regeneration with—
site preparation;
vegetation competition control; or
both; or
planting or direct seeding.
Rehabilitation— The term rehabilitation means any action taken during the 5-year period beginning on the date on which a wildland fire is contained to repair or improve fire-impacted lands which are unlikely to recover to management-approved conditions.
Relevant congressional committees— The term relevant congressional committees means—
the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and
the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives.
Responsible official— The term responsible official means an employee of the Department of the Interior or the Forest Service who has the authority to make and implement a decision on a proposed action.
Secretary— The term Secretary means the Secretary of the Interior.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and
the Secretary of the Interior, with respect to covered public lands, or their designee.
Strategy— The term Strategy means the Giant Sequoia Reforestation and Rehabilitation Strategy established under section 9.
Strike Team— The term Strike Team means a Giant Sequoia Strike Team established under section 10.
Tribe— The term Tribe means—
the Tule River Indian Tribe; and
any other Tribal government the jurisdictional boundaries of which encompass at least 1 giant sequoia grove.
Tule River Indian Tribe— The term Tule River Indian Tribe means the Tule River Indian Tribe of the Tule River Reservation, California.
3. Shared stewardship agreement for giant sequoias
In general— Not later than 90 days after receiving a request from the Governor of the State of California or a Tribe, the Secretary shall enter into an agreement with the Secretary of Agriculture and the Governor or Tribe, as applicable, that submitted the request, to jointly carry out the following:
Not later than 30 days after entering into the agreement, establish the Giant Sequoia Lands Coalition or certify an existing group meeting the requirements of section 4(b) as the Giant Sequoia Lands Coalition.
Not later than 120 days after the Giant Sequoia Lands Coalition submits the Assessment under section 5, conduct Protection Projects under section 6.
Not later than 120 days after entering into the agreement, begin developing and implementing reforestation and rehabilitation of giant sequoias, with priority given to actions described in the Strategy.
No request submitted— If the Secretary has not received a request from the Governor of the State of California or a Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture.
Future participation— If the Secretary receives a request from the Governor of the State of California or a Tribe any time after entering into the agreement under subsection (a) or (b), the Secretary shall accept the Governor or Tribe, as applicable, that submitted the request as a party to such agreement.
4. Giant Sequoia Lands Coalition
Establishment—
In general— In accordance with the timeline and agreement established in section 3(a)(1), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly establish, and appoint members to, the Giant Sequoia Lands Coalition.
Existing coalition— A previously established group that meets the membership requirements under subsection (b) may be designated by the Secretary and the Secretary of Agriculture as the Coalition under paragraph (1) if the parties to the agreement established under section 3 approve such designation.
Membership—
Members— The Secretary and the Secretary of Agriculture shall jointly appoint to the Coalition 1 member from each of—
the National Park Service, representing Sequoia and Kings Canyon National Parks;
the National Park Service, representing Yosemite National Park;
the Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument;
the Forest Service, representing Sierra National Forest;
the Forest Service, representing Tahoe National Forest;
the Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area;
the Tule River Indian Tribe, representing the Black Mountain Grove;
the State of California, representing Calaveras Big Trees State Park;
the State of California, representing Mountain Home Demonstration State Forest;
an academic institution with demonstrated experience managing and owning a giant sequoia grove, representing Whitaker’s Research Forest; and
the County of Tulare, California, representing Balch Park.
Affiliate partners— The Coalition may designate organizations or agencies with demonstrated experience and knowledge on giant sequoia management and resiliency as affiliate partners of the Coalition to enhance the work of the Coalition under subsection (c).
Local government participation— Upon the written request of a local government in California whose jurisdictional boundaries encompass at least 1 giant sequoia grove, or the governing body of a Tribe other than the Tule River Indian Tribe, the Secretary shall appoint 1 member from such government or governing body to serve as a member of the Coalition, subject to the same requirements outlined in this section.
Term—
Length— The term of an appointment as a member of the Coalition shall be 5 years.
Limit— Members of the Coalition may serve no more than 2 terms.
Vacancy— The Secretary and the Secretary of Agriculture shall jointly appoint a new member to fill a vacancy on the Coalition not later than 6 months after the date on which such vacancy occurs.
Decisions— Decisions of the Coalition shall be made by majority vote, a quorum of ½ the total members of the Coalition being present.
Meetings—
In general— Not later than 60 days after all members of the Coalition are appointed under subsection (a), the Coalition shall hold its first meeting.
Regular meetings— The Coalition shall meet not less than twice per year.
Priority— The Secretary concerned shall appoint members under paragraph (1) who have a demonstrated experience and knowledge on managing giant sequoia groves.
Duties— The duties of the Coalition are to—
prepare the Assessment under section 5;
observe implementation, and provide policy recommendations to the Secretary concerned, with respect to—
Protection Projects carried out under section 6; and
the Strategy established under section 9;
facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries;
facilitate information sharing, including best available science as described in section 5(d) and mapping resources; and
support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought.
Pay and expenses—
Compensation—
Federal employee members— All members of the Coalition who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
Non-Federal employee members— All members of the Coalition not described in subparagraph (A) shall serve without compensation.
Reimbursement— A member of the Coalition may be reimbursed for travel and lodging expenses incurred while attending a meeting of the Coalition or any other meeting of members approved for reimbursement by the Coalition in the same amounts and under the same conditions as Federal employees under section 5703 of title 5, United States Code.
Expenses— The Secretary concerned may pay the expenses of the Coalition that such Secretary concerned determines to be reasonable and appropriate.
Administrative support, technical services, and staff support— The Secretary concerned shall make personnel of the Department of the Interior or the Department of Agriculture, as applicable, available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that such Secretary concerned determines necessary to carry out this section.
Federal Advisory Committee Act—
In general— The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Coalition, except that the Coalition shall terminate on the date that is 10 years after the date of enactment of this Act.
Renewal— Prior to the termination of the Coalition under paragraph (1), the Coalition may be renewed in accordance with subsections (b) and (c) of section 14 of the Federal Advisory Committee Act (5 U.S.C. App.).
5. Giant Sequoia Health and Resiliency Assessment
In general— Not later than 180 days after the first meeting of the Coalition, the Coalition shall submit to the relevant congressional committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science—
identifies—
each giant sequoia grove that has experienced a—
stand-replacing disturbance; or
disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove;
each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance;
lands located within 1 mile of giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; and
each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation;
analyzes the resiliency of each giant sequoia grove to threats, such as—
high-severity wildfire;
insects, including beetle kill; and
drought;
with respect to Protection Projects, proposes a list of highest priority Protection Projects, giving priority to projects located on lands identified under subparagraphs (B) and (C) of paragraph (1);
examines how historical, Tribal, and current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to—
high-severity wildfires;
insects, including beetle kill; and
drought; and
includes program and policy recommendations that address—
Federal and State policies that impede activities to improve the health and resiliency of giant sequoias and proposed policy changes to address such impediments;
new Federal and State policies necessary to increase the pace and scale of treatments that improve the health and resiliency of giant sequoias;
options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias;
research gaps that should be addressed to improve the best available science on the giant sequoias; and
options and best practices for conducting Protection Projects without causing the incidental taking of threatened or endangered species.
Annual updates— Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant congressional committees that—
includes any new data, information, or best available science that has changed or become available since the previous Assessment was submitted;
with respect to Protection Projects—
includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects;
includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects;
provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects, including comparing the efficacy of those Protection Projects;
if either Secretary concerned failed to initiate at least 1 Protection Project in the previous year, a written explanation that includes—
a detailed explanation of what impediments resulted in failing to initiate at least 1 Protection Project;
a detailed explanation of what actions the Secretary concerned is taking to ensure that at least 1 Protection Project is initiated the following year; and
recommendations to Congress on any policies that need to be changed to assist the Secretary concerned in initiating Protection Projects; and
with respect to reforestation and rehabilitation of giant sequoias—
contains updates on the implementation of the Strategy under section 9, including grove-level data on reforestation and rehabilitation activities; and
provides status updates and monitoring reports on giant sequoia groves that have experienced natural or artificial regeneration as part of the Strategy under section 9.
Dashboard—
Requirement to maintain— The Coalition shall create and maintain a website that—
publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition;
contains searchable information about individual giant sequoia groves, including the—
resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a);
Protection Projects that have been proposed, initiated, or completed in such groves; and
reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and
maintains a searchable database to track—
the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and
the projected cost of Protection Projects and reforestation and rehabilitation activities.
Searchable database— The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including—
a comprehensive permitting timetable;
the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable;
any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and
information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
Best available science— In utilizing the best available science for the Assessment, the Coalition shall include—
data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency;
traditional ecological knowledge from each Tribe related to improving the health and resiliency of giant sequoia groves; and
data from Federal, State, and Tribal governments or agencies.
Technology improvements— In carrying out this section, the Secretary concerned may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of—
advanced remote sensing and geospatial technologies;
statistical modeling and analysis; or
any other technology the Secretary concerned determines will benefit the quality of information used in the Assessment.
Planning— The Coalition shall make information from this Assessment available to the Secretary concerned and the State of California to integrate into—
the State of California’s Wildfire and Forest Resilience Action Plan; and
the Forest Service’s 10-year Wildfire Crisis Strategy (or successor plan).
6. Giant sequoia emergency response
In general—
Emergency determination— Congress determines that—
an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and
Protection Projects are necessary to control the immediate impacts of the emergency described in subparagraph (A) and to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands.
Application— The emergency determination established under paragraph (1)(A) shall apply to all covered public lands and covered National Forest System lands.
Effect— The emergency determination established under paragraph (1)(A) shall go into effect on the date the Coalition submits the Assessment.
Expiration— The emergency determination established under paragraph (1)(A) shall expire on the earlier of—
the date that is 10 years after the effective date of that emergency determination; and
the date on which the Secretary and the Secretary of Agriculture jointly—
determine that such an emergency no longer exists;
certify that at least 90 percent of giant sequoia groves are not under the threat of stand-replacing wildfire; and
submit the determination and certification described in clauses (i) and (ii), respectively, to the relevant congressional committees.
Implementation— While the emergency determination established under subsection (a) is in effect—
a responsible official may carry out a Protection Project described in subsection (c) in accordance with—
section 220.4(b) of title 36, Code of Federal Regulations (or a successor regulation);
section 800.12 of title 36, Code of Federal Regulations (or a successor regulation);
section 1506.12 of title 40, Code of Federal Regulations (or a successor regulation); and
section 46.150 of title 43, Code of Federal Regulations (or a successor regulation); and
the informal consultation requirements under sections 402.05 of title 50 and 800.12 of title 36, Code of Federal Regulations (or successor regulations), shall apply to Protection Projects.
Requirements— A Protection Project referred to in subsection (b)(1) is a Protection Project or reforestation or rehabilitation activity that—
covers an area of not more than—
2,000 acres within giant sequoia groves where a grove-specific hazardous fuels reduction plan has been developed by the relevant land management agency or on lands identified under section 5(a)(1)(B); and
3,000 acres on lands identified under section 5(a)(1)(C);
was—
proposed by the Assessment under section 5(a)(3);
developed through a collaborative process; or
proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121));
as practicable, incorporates prescribed fire as a component of the grove-specific hazardous fuels reduction plan; and
occurs on Federal land or non-Federal land with the consent of the non-Federal landowner.
Use of other authorities— To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including—
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).
Savings clause— With respect to joint Protection Projects and reforestation and rehabilitation activities involving a Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe.
7. Fuels reduction in vulnerable habitat
Sense of Congress— It is the sense of Congress that—
fire regimes in giant sequoia groves are dominated by fire regime I and fire regime III (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));
fire regime IV (as defined in that section) occurs incidentally within or adjacent to giant sequoia groves; and
to ensure that the restoration of giant sequoia groves meets forest health and wildfire resiliency goals, ecological restoration of ecosystem types that are fire regime IV (as so defined) should be considered for Protection Projects.
Definition of fire regime IV— Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended—
by redesignating paragraphs (11) through (16) as paragraphs (12) through (17), respectively; and
by inserting after paragraph (10) the following:
“(11) Fire regime IV—The term fire regime IV means an area in which historically there are stand replacement severity fires with a frequency of more than 35 and less than 200 years.”
Restoration in fire regime IV—
Authorized hazardous fuel reduction projects— Section 102(a)(3) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512(a)(3)) is amended by striking “or fire regime III” and inserting “fire regime III, or fire regime IV”.
Administrative review— Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended by striking paragraph (2) and inserting the following:
“(2) Location
“(A) In general—A project under this section shall be located in an area that is—
“(i) in the wildland-urban interface; or
“(ii)
“(I) outside the wildland-urban interface;
“(II) in condition class 2 or condition class 3; and
“(III) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV).
“(B) Definitions—In this paragraph, the terms condition class 2, condition class 3, fire regime I, fire regime II, fire regime III, fire regime IV, and wildland-urban interface have the meanings given those terms in section 101.”
Wildfire resilience projects— Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is amended by striking paragraph (2) and inserting the following:
“(2) Location
“(A) In general—A project under this section shall be—
“(i) prioritized within the wildland-urban interface;
“(ii) if located outside the wildland-urban interface, located in an area—
“(I) in condition class 2 or condition class 3;
“(II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and
“(III) that contains a very high wildfire hazard potential; and
“(iii) limited to areas designated under section 602(b) as of the date of enactment of this Act.
“(B) Definitions—In this paragraph, the terms condition class 2, condition class 3, fire regime I, fire regime II, fire regime III, fire regime IV, and wildland-urban interface have the meanings given those terms in section 101.”
Establishment of fuel breaks in forests and other wildland vegetation— Section 40806(d) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)) is amended—
in paragraph (2)—
by striking subparagraph (B) and inserting the following:
“(ii) if located outside the wildland-urban interface or a public drinking water source area, an area—
“(I) in condition class 2 or condition class 3;
“(II) in fire regime I, fire regime II, fire regime III, or fire regime IV (subject to the condition that not more than 30 percent of the area may be in fire regime IV); and
“(III) that contains a very high wildfire hazard potential; or”
by redesignating subparagraphs (A) and (C) as clauses (i) and (iii), respectively, and indenting appropriately;
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately;
by striking “Treatments” in the matter preceding subparagraph (A) (as so designated) and inserting the following:
“(1) In general—Treatments”
by adding at the end the following:
“(2) Definitions—In this subsection, the terms condition class 2, condition class 3, fire regime I, fire regime II, fire regime III, fire regime IV, and wildland-urban interface have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).”
8. Projects in insect- or disease-affected treatment areas
Designation of treatment areas— Section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended—
in subsection (a)—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
by striking the subsection designation and heading and all that follows through “In this section, the term” in the matter preceding subparagraph (A) (as so redesignated) and inserting the following:
“(a) Definitions—In this section and section 603:
“(1) Declining forest health—The term”
by adding at the end the following:
“(2) Secretary concerned—The term Secretary concerned means—
“(A) the Secretary of Agriculture, with respect to land of the National Forest System described in section 3(1)(A); and
“(B) the Secretary of the Interior, with respect to covered public lands (as defined in section 2 of the Save Our Sequoias Act).”
in subsection (b)—
in paragraph (1), by inserting “of Agriculture” after “Secretary”; and
in paragraph (2), by inserting “concerned” after “Secretary”;
in subsection (c)(1), by inserting “of Agriculture or the Secretary of the Interior” after “Secretary”;
in subsection (d)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “Secretary may carry out priority projects on Federal land” and inserting “Secretary concerned may carry out priority projects on land described in subparagraphs (A) and (B) of subsection (a)(2)”;
by redesignating paragraph (4) as paragraph (5);
by inserting after paragraph (3) the following:
“(4) References—For purposes of this subsection, any reference contained in section 101(2), subsection (b), (c), or (d) of section 102, or section 104, 105, or 106 to “Federal land” shall be considered to be a reference to land described in subparagraphs (A) and (B) of subsection (a)(2).”
in paragraph (5) (as so redesignated), by inserting “concerned” after “Secretary” each place it appears; and
in subsection (e), by inserting “concerned” after “Secretary”.
Administrative review— Section 603 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended—
by inserting “concerned” after “Secretary” each place it appears;
in subsection (d)—
in paragraph (2), by striking “Federal land” and inserting “land described in subparagraph (A) or (B) of section 602(a)(2)”; and
in paragraph (4), by inserting “or land use plan” before the period at the end;
in subsection (e), by inserting “, or the land use plan established under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) for the unit of public lands,” after “National Forest System”; and
in subsection (g)(2)—
in subparagraph (D), by striking “and” at the end;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) the Committee on Energy and Natural Resources of the Senate.”
9. Giant Sequoia Reforestation and Rehabilitation Strategy
Reforestation and rehabilitation strategy—
In general— In accordance with the timeline and agreement established in section 3(a)(3), the Secretary and the Secretary of Agriculture, in consultation with the other parties to such agreement, shall jointly develop and implement a strategy, to be known as the “Giant Sequoia Reforestation and Rehabilitation Strategy”, to enhance the reforestation and rehabilitation of giant sequoia groves that—
identifies giant sequoia groves in need of natural or artificial regeneration, giving highest priority to groves identified under section 5(a)(1)(A)(i);
creates a priority list of reforestation and rehabilitation activities;
identifies and addresses—
barriers to reforestation or rehabilitation including—
regulatory barriers;
seedling shortages or related nursery infrastructure capacity constraints;
labor and workforce shortages;
technology and science gaps; and
site preparation challenges;
potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects;
a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 3; and
strategies to ensure genetic diversity across giant sequoia groves; and
includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy.
Assessment— The Secretary may incorporate the Strategy into the Assessment under section 5.
Priority reforestation projects amendment— Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended—
in item (bb), by striking “and”;
in item (cc), by striking the period and inserting “; and”; and
by adding at the end the following:
“(dd) shall include reforestation and rehabilitation activities conducted under section 9 of the Save Our Sequoias Act.”
10. Giant Sequoia Strike Teams
Establishment— Each Secretary concerned shall establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of—
primarily, section 6; and
secondarily, section 9.
Duties— Each Strike Team shall—
assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consultations under division A of subtitle III of title 54, United States Code, and consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity;
implement Protection Projects under section 6; and
implement reforestation or rehabilitation activities under section 9.
Members— The Secretary concerned may appoint not more than 10 individuals each to serve on a Strike Team comprised of—
employees of the Department of the Interior;
employees of the Forest Service;
private contractors from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization; and
volunteers from any nonprofit organization, State government, Tribal government, local government, academic institution, or private organization.
11. Giant sequoia collaborative restoration grants
In general— The Secretary, in consultation with the other parties to the agreement under section 3, shall establish a program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency.
Eligible entity— The Secretary may award grants under this section to any nonprofit organization, Tribal government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency.
Priority— In awarding grants under this section, the Secretary shall give priority to eligible entities that—
primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and
secondarily—
are small businesses or Tribal entities, particularly in rural areas; and
create or support jobs, particularly in rural areas.
Use of grant funds— Funds from grants awarded under this section shall be used to—
create, expand, or develop markets for hazardous fuels removed under section 6;
facilitate hazardous fuel removal under section 6, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project;
expand, enhance, develop, or create permanent or temporary facilities or land that can store or process hazardous fuels removed under section 6; and
establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 9.
12. Good neighbor authority for giant sequoias
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
in subsection (a)—
in paragraph (4)(A)—
in clause (ii), by striking “and” at the end;
by redesignating clause (iii) as clause (iv);
by inserting after clause (ii) the following:
“(iii) activities conducted under section 6 of the Save Our Sequoias Act;”
in clause (iv), as so redesignated, by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(v) any combination of activities specified in clauses (i) through (iv).”
in paragraph (10)(B) by striking “land.” and inserting “land, Kings Canyon National Park, Sequoia National Park, and Yosemite National Park.”; and
in subsection (b)(2), by striking subparagraph (C) and inserting the following:
“(C) Treatment of revenue—Funds received from the sale of timber by a Governor or county under a good neighbor agreement shall be retained and used by the Governor or county—
“(i) to carry out authorized restoration services under such good neighbor agreement; and
“(ii) if there are funds remaining after carrying out the services under clause (i), to carry out authorized restoration services under other good neighbor agreements.”
13. Stewardship contracting for giant sequoias
National Park Service— Section 604(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(a)) is amended—
by striking paragraph (2) and inserting the following:
“(2) Director—The term Director means the Director of the Bureau of Land Management with respect to Bureau of Land Management land and the Director of the National Park Service with respect to land within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park.”
by adding at the end the following:
“(3) Public lands—The term public lands means—
“(A) Bureau of Land Management land; and
“(B) land within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park.”
Giant sequoia stewardship contracts— Section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended by adding at the end the following:
“(8) Promoting the health and resiliency of giant sequoias.”
14. Giant Sequoia Emergency Protection Program and Fund
In general— Subchapter II of chapter 1011 of title 54, United States Code, is amended by adding at the end the following:
“101123. Giant Sequoia Emergency Protection Program and Fund
“(a) Giant sequoia Emergency protection program—The National Park Foundation, in coordination with the National Forest Foundation, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit—
“(1) primarily, the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
“(2) secondarily, the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire.
“(b) Giant Sequoia Emergency Protection Fund—The National Park Foundation, in coordination with the National Forest Foundation, shall establish a joint special account, to be known as the “Giant Sequoia Emergency Protection Fund” (referred to as “the Fund” in this section), to be administered in support of the program established under subsection (a).
“(c) Funds for giant sequoia emergency protection—The following shall apply to the Fund:
“(1) The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation or National Forest Foundation for such purpose.
“(2) The National Park Foundation and National Forest Foundation shall deposit any funds received for the Fund in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as mutually agreed upon.
“(3) Any accrued interest or dividends earned on funds received for the Fund shall be added to the principal and form a part of the Fund.
“(d) Use of funds—Funds shall be available to the National Park Foundation and National Forest Foundation without further appropriation for projects and activities approved by the Chief of the Forest Service or the Director, as appropriate, or their designees, to—
“(1) primarily, support the management and conservation of giant sequoias on Service land and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
“(2) secondarily, support the reforestation of giant sequoias on Service land and covered National Forest System lands impacted by wildfire.
“(e) Summary—Beginning 1 year after the date of enactment of this section, the National Park Foundation and National Forest Foundation shall include with their annual reports a summary of the status of the program and Fund created under this section that includes—
“(1) a statement of the amounts deposited in the Fund during the fiscal year;
“(2) the amount of the balance remaining in the Fund at the end of the fiscal year; and
“(3) a description of the program and projects funded during the fiscal year.
“(f) Covered National Forest System lands defined—In this section, the term covered National Forest System lands has the meaning given such term in section 2 of the Save our Sequoias Act.”
Conforming amendment— The table of sections for subchapter II of chapter 1011 of title 54, United States Code, is amended by adding at the end the following:
15. Authorization of appropriations
In general— There are authorized to be appropriated to carry out this Act and the amendments made by this Act—
for fiscal year 2024, $10,000,000;
for fiscal year 2025, $25,000,000;
for each of fiscal years 2026 through 2028, $30,000,000; and
for each of fiscal years 2029 through 2033, $40,000,000.
Limitation— Of the amounts authorized under subsection (a), not less than 90 percent of funds shall be used to carry out sections 6 and 9 and the amendments made by those sections.