H.R. 8790 — what changed
Fix Our Forests Act
From Reported in House to Engrossed in House. 11 sections amended and 15 added between Reported in House and Engrossed in House.
Sec. 2 Definitions
In this Act:
Director— The term Director means the Director of the Fireshed Center appointed under section 102.
Fireshed— The term fireshed means a landscape-scale area that faces similar wildfire threat where a response strategy could influence the wildfire outcome.
Fireshed management project— The term fireshed management project means a project under section 106.
Fireshed Registry— The term Fireshed Registry means the fireshed registry established under section 103.
Forest plan— The term forest plan means—
a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or
a forest management plan (as defined in section 304 of the National Indian Forests Resources Management Act (25 U.S.C. 3104)) with respect to Indian forest land or rangeland.
Governor— The term Governor means the Governor or any other appropriate executive official of an affected State or Indian Tribe or the Commonwealth of Puerto Rico.
Hazardous fuels management activities— The term hazardous fuels management activities means any vegetation management activities (or combination thereof) that reduce the risk of wildfire, including mechanical thinning, mastication, prescribed burning, cultural burning (as determined by the applicable Indian Tribe), timber harvest, and grazing.
HFRA terms— The terms at-risk community, community wildfire protection plan, and wildland-urban interface have the meanings given such terms, respectively, in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
Indian forest land or rangeland— The term Indian forest land or rangeland means land that—
is held in trust by, or with a restriction against alienation by, the United States for an Indian Tribe or a member of an Indian Tribe; and
is Indian forest land (as defined in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103)); or
has a cover of grasses, brush, or any similar vegetation; or
formerly had a forest cover or vegetative cover that is capable of restoration.
Indian Tribe— The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
National Forest System lands— The term National Forest System lands 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).
Public lands— The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands.
Relevant Congressional Committees— The term relevant Congressional Committees means—
the Committees on Natural Resources and Agriculture of the House of Representatives; and
the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate.
Responsible official— The term responsible official means an employee of the Department of the Interior or Forest Service who has the authority to make and implement a decision on a proposed action.
Secretaries— The term Secretaries means each of—
the Secretary of the Interior; and
the Secretary of Agriculture.
Secretary— The term Secretary means the Secretary of Agriculture.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, with respect to National Forest System lands; and
the Secretary of the Interior, with respect to public lands.
changed
State—Special District— The term State special district means each of the several States, the District of Columbia, and each territory a political subdivision of the United Statesa State that—
added
has significant budgetary autonomy or control;
added
was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
added
is distinct from any other local government unit within the State.
added
State— The term State means each of the several States, the District of Columbia, and each territory of the United States.
Sec. 102 Fireshed center
Establishment—
In general— The Secretary, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, shall jointly establish a Fireshed Center (hereinafter referred to as the “Center”) comprised of at least one career representative from each of the following:
The Forest Service.
The Bureau of Land Management.
The National Park Service.
The Bureau of Indian Affairs.
The U.S. Fish and Wildlife Service.
The U.S. Geological Survey.
The Department of Defense.
The Department of Homeland Security.
The Department of Energy.
The Federal Emergency Management Agency.
The National Science Foundation.
The National Oceanic and Atmospheric Administration.
The National Aeronautics and Space Administration.
The National Institute of Standards and Technology.
Director— The Secretary, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, shall jointly appoint a Director of the Center, who—
shall be an employee of the U.S. Geological Survey or the Forest Service;
shall serve an initial term of not more than 7 years; and
may serve one additional term of not more than 7 years after the initial term described in subparagraph (B).
Additional representation— The Secretary, acting through the Chief of the Forest Service and the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, may jointly appoint additional representatives of Federal agencies to the Center, as the Secretaries determine necessary.
Purposes— The purposes of the Center are to—
changed
comprehensively assess and predict predict, using data tools (including artificial intelligence) and other decision support products, fire and smoke in the wildland and built environment interface across jurisdictions to inform—
land and fuels management;
changed
community, community (including at-risk communities identified in fireshed assessments conducted under section 105), public health, and built environment risk reduction; and
fire response and post-fire recovery;
changed
provide data aggregation, real-time predictive land and fuels management services, and science-based decision support services;
reduce fragmentation and duplication across Federal land management agencies with respect to predictive service and decision support functions related to wildland fire and smoke;
promote coordination and sharing of data regarding wildland fire and smoke decision making between Federal agencies, States, Indian Tribes, local governments, academic or research institutions, and private entities;
streamline procurement processes and cybersecurity systems related to addressing wildland fire and smoke;
changed
provide amplify and distribute existing, and develop as necessary, publicly accessible data, models, technologies (including mapping technologies), assessments, and National Weather Service fire weather forecasts to support short- and long-term planning regarding wildland fire and smoke risk reduction and post-fire recovery; andrecovery while avoiding duplicative efforts;
changed
maintain the Fireshed Registry established under section 103.103; and
added
disseminate data tools (including artificial intelligence) and other decision support products, for use in manners consistent with the purposes described paragraphs (1) through (7), to the following:
added
Federal agencies.
added
Indian Tribes.
added
State and local governments.
added
Academic or research institutions.
added
Other entities, public or private, identified by the Director.
Memoranda of understanding— The Center may enter into memorandums of understanding, contracts, or other agreements with State governments, Indian Tribes, local governments, academic or research institutions, and private entities to improve the information and operations of the Center.
Administrative support, technical services, and staff support—
USGS support— The Secretary of the Interior shall make personnel of the U.S. Geological Survey available to the Center for such administrative support, technical services, and development and dissemination of data as the Secretary determines necessary to carry out this section.
USFS support— The Secretary shall make personnel of the Forest Service available to the Center for such administrative support, technical services, and the development and dissemination of information related to fireshed management and the Fireshed Registry as the Secretary determines necessary to carry out this section.
Sec. 105 Fireshed assessments
Fireshed assessments—
In general— Not later than 90 days after the date on which the Secretary concerned enters into an agreement with a Governor of a State or an Indian Tribe under section 104, the Secretary concerned and such Governor or Indian Tribe shall, with respect to the fireshed management areas designated in such State, jointly conduct a fireshed assessment that—
identifies—
using the best available science, wildfire exposure risks within each such fireshed management area, including scenario planning and wildfire hazard mapping and models; and
each at-risk community within each fireshed management area;
identifies potential fireshed management projects to be carried out in such fireshed management areas, giving priority—
primarily, to projects with the purpose of reducing—
wildfire exposure and corresponding risk to communities, including risk to structures and life;
wildfire exposure and corresponding risk to municipal watersheds, including tribal water supplies and systems;
risk of forest conversion due to wildfire; or
any combination of purposes described in subclauses (I) through (III); and
secondarily, to projects with the purpose of protecting—
critical infrastructure, including utility infrastructure;
wildlife habitats, including habitat for species listed under the Endangered Species Act (16 U.S.C. 1531 et seq.);
the built environment, including residential and commercial buildings;
resources of an Indian Tribe, as defined by the Indian Tribe; or
any combination of purposes described in subclauses (I) through (IV);
includes—
a strategy for reducing the threat of wildfire to at-risk communities in the wildland-urban interface on both Federal and non-Federal land;
a timeline for the implementation of fireshed management projects;
changed
long-term benchmark goals for the completion of fireshed management projects in the highest wildfire exposure areas so that such projects contribute to the development and maintenance of healthy and resilient landscapes; andlandscapes;
changed
policies to ensure fireshed management projects comply with applicable forest plans and incorporate the best available science;science; and
added
a strategy for reducing the threat of wildfire to improve the effectiveness of wildland firefighting, particularly the effectiveness of fuels treatments that would improve wildland firefighter safety during wildfires;
shall be regularly updated based on the best available science, as determined by the Secretary concerned; and
shall be publicly available on a website maintained by the Secretary concerned.
Local government participation— Upon the written request of a local government, the Secretary concerned and the Governor of the State in which the local government is located may allow such local government to participate in producing the fireshed assessment under paragraph (1) for such State.
Information improvement—
changed
Memorandums of understanding— In carrying out a fireshed assessment under this subsection, the Secretary concerned may enter into memorandums of understanding with other Federal agencies or departments, departments (including the National Oceanic and Atmospheric Administration), States, Indian Tribes, private entities, or research or educational institutions to improve, with respect to such assessment, the use and integration of—
advanced remote sensing and geospatial technologies;
statistical modeling and analysis; or
any other technology or combination of technologies and analyses that the Secretary concerned determines will benefit the quality of information of such an assessment.
Best available science— In using the best available science for the fireshed assessments completed under subsection (a)(1), the Secretary concerned and Governor shall, to the maximum extent practicable, incorporate—
traditional ecological knowledge from Indian Tribes;
data from State forest action plans and State wildfire risk assessments;
data from the Fireshed Registry maintained under section 103; and
data from other Federal, State, Tribal, and local governments or agencies.
Applicability of NEPA— Fireshed assessments conducted under this section shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 106 Emergency fireshed management
Fireshed management projects—
In general— The Secretary concerned, acting through a responsible official, shall carry out fireshed management projects in fireshed management areas designated under section 101 in accordance with this section.
Fireshed management projects— The responsible official shall carry out the following forest and vegetation management activities as fireshed management projects under this section:
Conducting hazardous fuels management activities.
Creating fuel breaks and fire breaks.
Removing hazard trees, dead trees, dying trees, or trees at risk of dying, as determined by the responsible official.
Developing, approving, or conducting routine maintenance under a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)).
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.
Using chemical or re-seeding and planting treatments to address insects and disease and control vegetation competition or invasive species.
Any activities recommended by an applicable fireshed assessment carried out under section 105.
Any activities recommended by an applicable community wildfire protection plan.
Any combination of activities described in this paragraph.
Emergency fireshed management—
In general— For any fireshed management area designated under section 101, the following shall have the force and effect of law:
Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary.
Section 46.150 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary of the Interior.
Section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Section 800.12 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Utilization of existing streamlined authorities in fireshed management areas—
In general— Fireshed management projects carried out under this section shall be considered authorized projects under the following categorical exclusions:
Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)).
Section 605(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(a)).
Section 606(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e(b)).
Section 40806(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(b)).
Section 4(c)(4) of the Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2353).
Subject to subsection (d) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) in the same manner as authorized emergency actions (as defined in subsection (a) of such section) are subject to such subsection.
Use of expedited authorities— In carrying out a fireshed management project, the Secretary shall apply a categorical exclusion under clause (i)—
in a manner consistent with the statute establishing such categorical exclusion; and
in any area—
designated as suitable for timber production within the applicable forest plan; or
where timber harvest activities are not prohibited.
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 (42 U.S.C. 4321 et seq.) by the Fiscal Responsibility Act of 2023 (Public Law 118–5).
Use of other authorities— To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out fireshed management projects, including—
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act);
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act);
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
agreements entered into under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.).
Expansion—
HFRA amendments— The Healthy Forests Restoration Act of 2003 is amended—
added
in section 3 (16 U.S.C. 6502), by inserting at the end the following:
added “(3) Local Government—The term local government means a county, municipality, or special district.
added “(4) Special District—The term special district means a political subdivision of a State that—
added “(A) has significant budgetary autonomy or control;
added “(B) was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
added “(C) is distinct from any other local government unit within the State.”
renumbered
was (3)(2)(3)
in section 603(c)(1) (16 U.S.C. 6591b(c)(1)), by striking “3000 acres” and inserting “10,000 acres”;
added
in section 603(c)(2)(B) (16 U.S.C. 6591b(c)(2)(B)), by striking “Fire Regime Groups I, II, or III” and inserting “Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V”;
renumbered
was (3)(2)(4)
in section 605(c)(1) (16 U.S.C. 6591d(c)(1)), by striking “3000 acres” and inserting “10,000 acres”; and
renumbered
was (3)(2)(5)
in section 606(g) (16 U.S.C. 6591e(g)), by striking “4,500 acres” and inserting “10,000 acres”.
Infrastructure Investment and Jobs Act amendment— Section 40806(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)), by striking “3,000 acres” and inserting “10,000 acres”.
Lake Tahoe Restoration Act amendments— Section 4(c)(4)(C) of the Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2353) is amended—
by striking “Lake Tahoe Basin Management Unit”; and
by inserting “applicable to the area” before the period at the end.
Sec. 111 Modification of the treatment of certain revenue and payments under good neighbor agreements
Good neighbor authority— Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
changed
in subsection (a)(6), by striking “or Indian tribe”; andtribe”;
added
in subsection (a), by inserting the following:
added “(11) Special District—The term special district means a political subdivision of a State that—
added “(A) has significant budgetary autonomy or control;
added “(B) was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
added “(C) is distinct from any other local government unit within the State.”
renumbered
was (2)(4)
in subsection (b)—
added
in paragraph (1)(A), by inserting “, Indian tribe, special district,” after “Governor”;
removed
in paragraph (1)(A), by inserting “, Indian tribe,” after “Governor”;
renumbered
was (2)(4)(3)
in paragraph (2)(C)—
renumbered
was (2)(4)(3)(2)
by striking clause (i) and inserting the following:
added “(i) In general—Funds received from the sale of timber or forest product by a Governor, an Indian tribe, a special district, or a county under a good neighbor agreement shall be retained and used by the Governor, Indian tribe, special district, or county, as applicable—
added “(I) to carry out authorized restoration services under the good neighbor agreement;
added “(II) to carry out reconstruction, repair, and restoration of non-National Forest System roads necessary to implement projects on Federal lands;
added “(III) to construct new permanent roads on Federal lands that are—
added “(aa) necessary to implement authorized restoration activities; and
added “(bb) approved by the Federal agency through an environmental analysis or categorical exclusion decision;
added “(IV) to complete new permanent road construction to replace and decommission an existing permanent road that is adversely impacting forest, rangeland, or watershed health; and
added “(V) if there are funds remaining after carrying out subclauses (I) through (IV), to carry out authorized restoration services under other good neighbor agreements and for the administration of a good neighbor authority program by a Governor, Indian tribe, special district, or county.”
removed
“(i) In general—Funds received from the sale of timber or forest product by a Governor, an Indian tribe, or a county under a good neighbor agreement shall be retained and used by the Governor, Indian tribe, or county, as applicable—
removed
“(I) to carry out authorized restoration services under the good neighbor agreement; and
removed
“(II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services under other good neighbor agreements and for the administration of a good neighbor authority program by a Governor, Indian tribe, or county.”
renumbered
was (2)(4)(3)(3)
in clause (ii), by striking “2024” and inserting “2029”;
added
in paragraph (3), by inserting “, Indian tribe, special district,” after “Governor”; and
removed
in paragraph (3), by inserting “, Indian tribe,” after “Governor”; and
renumbered
was (2)(4)(5)
by striking paragraph (4).
Conforming amendments— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
changed
in paragraph (1)(B), by inserting “, Indian tribe,” tribe, special district,” after “Governor”; and
changed
in paragraph (5), by inserting “, Indian tribe,” tribe, special district,” after “Governor”.
Effective date— The amendments made by this section 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)))—
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
on or after the date of enactment of this Act.
Sec. 116 Collaborative forest landscape restoration program
Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended—
in subsection (b)(3)—
in subparagraph (D), by striking “species;” and inserting “species or pathogens;”;
in subparagraph (G), by striking “and” at the end;
in subparagraph (H), by adding “and” after the semicolon at the end; and
by adding at the end the following:
“(I) address standardized monitoring questions and indicators;”
in subsection (c)(3)(A)—
in clause (i), by striking “and” at the end;
in clause (ii), by adding “and” at the end; and
by adding at the end the following:
“(iii) include a plan to provide support to collaborative processes established pursuant to subsection (b)(2);”
in subsection (d)—
in paragraph (2)—
in subparagraph (E), by striking “and” at the end;
in subparagraph (F), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(G) proposals that seek to use innovative implementation mechanisms, including good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);
changed
“(H) proposals that seek to reduce remove or treat insects or diseases, including the risk removal of uncharacteristic wildfire trees killed by, or increase ecological restoration activities—infested with, bark beetles in Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming;
added “(I) proposals that seek to facilitate the sale of firewood and Christmas trees on lands under the jurisdiction of the Secretary or the Secretary of the Interior;
added “(J) 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
added “(K) proposals that seek to enhance watershed health and drinking water sources.”
removed
“(I) proposals that seek to enhance watershed health and drinking water sources.”
in paragraph (3)—
by amending subparagraph (A) to read as follows:
“(A) 4 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and”
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B); and
in subsection (f)(6), by striking “2019 through 2023” and inserting “2023 through 2029”.
Sec. 117 Utilizing grazing for wildfire risk reduction
addedadded The Secretary of Agriculture, acting through the Chief of the Forest Service, in coordination with holders of permits to graze livestock on Federal land, shall develop a strategy to increase opportunities to utilize livestock grazing as a wildfire risk reduction strategy, including—
added
completion of reviews (as required under the National Environmental Policy Act of 1969 (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;
added
use of targeted grazing;
added
increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses;
added
increased use of grazing as a postfire recovery and restoration strategy, where appropriate; and
added
use of all applicable authorities under the law.
Sec. 118 Program to support priority reforestation and restoration projects of Department of the Interior
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, in coordination with the heads of covered Federal agencies, shall establish a program to provide support for priority projects identified under subsection (c)(2), in accordance with this section.
added
Support— In carrying out the program under subsection (a), the Secretary may provide support through—
added
cooperative agreements entered into in accordance with processes established by the Secretary; and
added
contracts, including contracts established pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
added
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, in consultation with the heads of covered Federal agencies, shall—
added
identify lands of the United States administered by, or under the jurisdiction of, the Secretary of the Interior that require reforestation and restoration due to unplanned disturbances and that are unlikely to experience natural regeneration without assistance; and
added
establish a list of priority projects for reforestation and restoration 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.
added
Consultation— In carrying out the program under subsection (a) and the requirements under subsection (c), the Secretary shall consult or collaborate with, as appropriate, and inform the following:
added
State and local governments.
added
Indian Tribes.
added
Covered institutions of higher education.
added
Federal agencies that administer lands of the United States that adjoin or are proximal to lands that are the subject of priority projects and potential priority projects.
added
Other stakeholders, as determined by the Secretary.
added
Annual report— Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of the Interior shall submit to the relevant Congressional Committees a report that includes the following:
added
An accounting of all lands identified under subsection (c)(1) for the period covered by the report.
added
A list of priority projects identified under subsection (c)(2) for the period covered by the report and, with respect to each such priority project, any support issued under the program under subsection (a) and any progress made towards reforestation and restoration.
added
An accounting of each contract and cooperative agreement established under the program under subsection (a).
added
A description of the actions taken in accordance with subsection (d).
added
Assessments with respect to—
added
gaps in—
added
the implementation of the program under subsection (a); and
added
the progress made under the program with respect to priority projects; and
added
opportunities to procure funding necessary to address any such gaps.
added
Nonduplication— In carrying out this section, the Secretary of the Interior shall collaborate with the Secretary of Agriculture and the Secretary of Defense to ensure the nonduplication of activities carried out under section 205.
added
Sunset— The authority provided under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
added
Definitions— In this section:
added
Covered Federal agency— The term “covered Federal agency” means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Bureau of Indian Affairs.
added
Covered institution of higher education— The term “covered institution of higher education” has the meaning given the term “eligible institutions” in section 301(e)(3)).
added
Natural regeneration; reforestation— The terms “natural regeneration” and “reforestation” have the meanings given such terms in section 3(e)(4)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(3)(4)(A))
added
Restoration— The term “restoration” means activities that facilitate the recovery of an ecosystem that has been degraded, damaged, or destroyed, including the reestablishment of appropriate plant species composition and community structure.
added
Unplanned ecosystem disturbance— The term “unplanned ecosystem disturbance” means any unplanned disturbance that disrupts the structure or composition of an ecosystem, including a wildfire, an infestation of insects or disease, and a weather event.
Sec. 201 Community wildfire risk reduction program
Establishment— Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish an interagency program to be known as the “Community Wildfire Risk Reduction Program” that shall consist of at least one representative from each of the following:
The Office of Wildland Fire of the Department of the Interior.
The National Park Service.
The Bureau of Land Management.
The United States Fish and Wildlife Service.
The Bureau of Indian Affairs.
The Forest Service.
The Federal Emergency Management Agency.
The United States Fire Administration.
The National Institute of Standards and Technology.
added
The National Oceanic and Atmospheric Administration.
Purpose— The purpose of the program established under subsection (a) is to support interagency coordination in reducing the risk of, and the damages resulting from, wildfires in communities (including tribal communities) in the wildland-urban interface through—
advancing research and science in wildfire resilience and land management, including support for non-Federal research partnerships;
supporting adoption by Indian Tribes and local governmental entities of fire-resistant building methods, codes, and standards;
supporting efforts by Indian Tribes or local governmental entities to address the effects of wildland fire on such communities, including property damages, air quality, and water quality;
encouraging public-private partnerships to conduct hazardous fuels management activities in the wildland-urban interface;
providing technical and financial assistance targeted towards communities, including tribal communities, through streamlined and unified technical assistance and grant management mechanisms, including the portal and grant application established under subsection (c), to—
encourage critical risk reduction measures on private property with high wildfire risk exposure in such communities; and
mitigate costs for and improve capacity among such communities.
Portal and uniform grant application—
In general— As part of the program established under subsection (a), the Secretaries and the Administrator of the Federal Emergency Management Agency shall establish a portal through which a person may submit a single, uniform application for any of the following:
A community wildfire defense grant under section 40803(f) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(f)).
An emergency management performance grant under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 761).
A grant under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229).
A grant under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Financial or technical assistance or a grant under sections 203, 205, 404, 406, or 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5135, 5170c, 5172, 5187).
Simplification of application— In establishing the portal and application under paragraph (1), the Secretaries and the Administrator shall seek to reduce the complexity and length of the application process for the grants described in paragraph (1).
Technical assistance— The Secretaries shall provide technical assistance to communities or persons seeking to apply for financial assistance through the portal using the application established under paragraph (1).
Sunset— The program established under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 202 Community wildfire defense research program
In general— The Secretaries shall, acting jointly, expand the Joint Fire Science Program to include a performance-driven research and development program known as the “Community Wildfire Defense Research Program” for the purpose of testing and advancing innovative designs to create or improve the wildfire-resistance of structures and communities.
Program priorities— In carrying out the program established under subsection (a), the Secretaries shall evaluate opportunities to create wildfire-resistant structures and communities through—
different affordable building materials, including mass timber;
home hardening, including policies to incentivize and incorporate defensible space;
subdivision design and other land use planning and design;
landscape architecture; and
other wildfire-resistant designs, as determined by the Secretary.
Community wildfire defense innovation prize—
In general— In carrying out the program established under subsection (a), the Secretaries shall carry out a competition through which a person may submit to the Secretaries innovative designs for the creation or improvement of an ignition-resistant structure or fire-adapted communities.
Prize— Subject to the availability of appropriations made in advance for such 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).
Scale— In awarding a prize under paragraph (2), the Secretaries shall prioritize for an award designs with the most potential to scale to existing infrastructure.
added
Collaboration and nonduplication— In carrying out the program established under subsection (a), the Secretaries shall ensure collaboration and nonduplication of activities with the Building Technologies Office of the Department of Energy.
renumbered
was (5)
Sunset— The program established under subsection (a) shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 301 Biochar innovations and opportunities for conservation, health, and advancements in research
Demonstration projects—
Establishment—
changed
In general— Not Subject to the availability of appropriations made in advance for such purpose, not later than 2 years after the date of enactment of this Act, the covered Secretaries shall establish a program to enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection.
Location of demonstration projects— In carrying out the program established under subparagraph (A), the covered Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities such that not fewer than one demonstration project is carried out in each region of the Forest Service and each region of the Bureau of Land Management.
Proposals— To be eligible to enter into a partnership to carry out a biochar demonstration project under paragraph (1)(A), an eligible entity shall submit to the covered Secretaries a proposal at such time, in such manner, and containing such information as the covered Secretaries may require.
Priority— In selecting proposals under paragraph (2), the covered Secretaries shall give priority to entering into partnerships with eligible entities that submit proposals to carry out biochar demonstration projects that—
have the most carbon sequestration potential;
have the most potential to create new jobs and contribute to local economies, particularly in rural areas;
have the most potential to demonstrate—
new and innovative uses of biochar;
market viability for cost effective biochar-based products;
the ecosystem services created or supported by the use of biochar;
the restorative benefits of biochar with respect to forest heath and resiliency, including forest soils and watersheds; or
any combination of purposes specified in clauses (i) through (iv); and
are located in areas that have a high need for biochar production, as determined by the covered Secretaries, due to—
nearby lands identified as having high or very high or extreme risk of wildfire;
availability of sufficient quantities of feedstocks;
a high level of demand for biochar or other commercial byproducts of biochar; or
any combination of purposes specified in subparagraphs (A) through (D).
Use of funds— In carrying out the program established under paragraph (1)(A), the covered Secretaries may enter into partnerships and provide funding to such partnerships to carry out demonstration projects to—
acquire and test various feedstocks and their efficacy;
develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;
demonstrate—
the production of biochar from forest residue; and
the use of biochar to restore forest health and resiliency;
build, expand, or establish biochar facilities;
conduct research on new and innovative uses of biochar;
demonstrate cost-effective market opportunities for biochar and biochar-based products;
carry out any other activities the covered Secretaries determine appropriate; or
any combination of the purposes specified in subparagraphs (A) through (F).
Feedstock requirements— To the maximum extent practicable, an eligible entity that carries out a biochar demonstration project under this subsection shall, with respect to the feedstock used under such project, derive at least 50 percent of such feedstock from forest thinning and management activities, including mill residues, conducted on National Forest System lands or public lands.
Review of biochar demonstration—
In general— The covered Secretaries shall conduct regionally-specific research, including economic analyses and life-cycle assessments, on any biochar produced from a demonstration project carried out under the program established in paragraph (1)(A), including—
the effects of such biochar on—
forest health and resiliency;
carbon capture and sequestration, including increasing soil carbon in the short-term and long-term;
productivity, reduced input costs, and water retention in agricultural practices;
the health of soil and grasslands used for grazing activities, including grazing activities on National Forest System land and public land;
environmental remediation activities, including abandoned mine land remediation; and
other ecosystem services created or supported by the use of biochar;
the effectiveness of biochar as a co-product of biofuels or in biochemicals; and
the effectiveness of other potential uses of biochar to determine if any such use is technologically and commercially viable.
Coordination— The covered Secretaries shall, to the maximum extent practicable, provide data, analyses, and other relevant information collected under subparagraph (A) with recipients of a grant under subsection (b).
Limitation on funding for establishing biochar facilities— If the covered Secretaries provide to an eligible entity that enters into a partnership with the covered Secretaries under paragraph (1)(A) funding for establishing a biochar facility, such funding may not exceed 35 percent of the total capital cost of establishing such biochar facility.
Biochar research and development grant program—
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Establishment— The Secretary of the Interior Interior, in consultation with the Secretary of Energy, shall establish or expand an existing applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3).
Applications— To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
Use of funds— An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research on—
the effect of biochar on forest health and resiliency, accounting for variations in biochar, soil, climate, and other factors;
the effect of biochar on soil health and water retention, accounting for variations in biochar, soil, climate, and other factors;
the long-term carbon sequestration potential of biochar;
the best management practices with respect to biochar and biochar-based products that maximize—
carbon sequestration benefits; and
the commercial viability and application of such products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary;
the regional uses of biochar to increase productivity and profitability, including—
uses in agriculture and environmental remediation; and
use as a co-product in fuel production;
new and innovative uses for biochar byproducts; and
opportunities to expand markets for biochar and create related jobs, particularly in rural areas.
Reports—
Report to congress— Not later than 2 years after the date of enactment of this Act, the covered Secretaries shall submit to Congress a report that—
includes policy and program recommendations to improve the widespread use of biochar;
identifies any area of research needed to advance biochar commercialization; and
identifies barriers to further biochar commercialization, including permitting and siting considerations.
Materials submitted in support of the 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 (d), the covered 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 each demonstration project carried out under subsection (a) and each research and development grant carried out under subsection (b).
Sunset— The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Definitions— In this section:
Biochar— The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for non-fuel uses.
Eligible entity— The term eligible entity means—
changed
a State, local, special district, or Tribal government;
changed
an eligible institution; orinstitution;
changed
a private, non-private, or cooperative entity.entity or organization;
added
a National Laboratory (as such term is defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
added
a partnership or consortium of two or more entities described in subparagraphs (A) through (D).
Eligible institution— The term eligible institution means land-grant colleges and universities, including institutions eligible for funding under the—
Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.);
Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University;
Public Law 87–788 (commonly known as the “McIntire-Stennis Act of 1962”); or
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).
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.
Covered Secretaries— The term covered Secretaries means—
the Secretary of Agriculture, acting through the Chief of the Forest Service;
the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and
the Secretary of Energy, acting through the Director of the Office of Science.
Sec. 302 Accurate hazardous fuels reduction reports
Inclusion of hazardous fuels reduction report in materials submitted in support of the President’s budget—
In general— Beginning with the first fiscal year that begins after the date of enactment of this Act, and each fiscal year 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 on the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the preceding fiscal year.
Requirements— For purposes of the report required under paragraph (1), the Secretary concerned shall—
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—
record acres of Federal land on which hazardous fuels reduction activities were completed during such period; and
record each acre described in clause (i) once in the report, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such period; and
with respect to the acres of Federal land recorded in the report, include information on—
which such acres are located in the wildland-urban interface;
the level of wildfire risk (high, moderate, or low) on the first and last day of the period covered by the report;
the types of hazardous fuels activities completed for such acres, delineating between whether such activities were conducted—
in a wildfire managed for resource benefits; or
through a planned project;
the cost per acre of hazardous fuels activities carried out during the period covered by the report;
the region or system unit in which the acres are located; and
the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire.
Transparency— The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the websites of the Department of Agriculture and the Department of the Interior, as applicable.
Accurate data collection—
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 related to hazardous fuels reduction activities carried out by the Secretary concerned.
Elements— The standardized procedures required under paragraph (1) shall include—
regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities;
verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned;
an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and
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.
Report— Not later than 2 weeks after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—
such standardized procedures; and
program and policy recommendations to Congress to address any limitations in tracking data related to hazardous fuels reduction activities under this subsection.
GAO study— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—
conduct a study on the implementation of this section, including any limitations with respect to—
reporting hazardous fuels reduction activities under subsection (a); or
tracking data related to hazardous fuels reduction activities under subsection (b); and
submit to Congress a report that describes the results of the study under paragraph (1).
Definitions— In this section:
Hazardous fuels reduction activity— The term hazardous fuels reduction activity—
changed
means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments treatments, grazing, and prescribed burning; and
does not include the awarding of contracts to conduct hazardous fuels reduction activities.
Federal lands— The term Federal lands means lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture.
No additional funds authorized— No additional funds are authorized to carry out the requirements of this section, and the activities authorized by this section are subject to the availability of appropriations made in advance for such purposes.
Sec. 303 Public-private wildfire technology deployment and demonstration partnership
Definitions— In this section:
Covered agency— The term covered agency means—
each Federal land management agency (as such term is defined in the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801));
the National Oceanic and Atmospheric Administration;
the United States Fire Administration;
the Federal Emergency Management Agency;
the National Aeronautics and Space Administration;
the Bureau of Indian Affairs;
changed
the Department of Defense; andDefense;
added
a State, Tribal, county, or municipal fire department or district operating through the United States Fire Administration or pursuant to an agreement with a Federal agency; and
renumbered
was (2)(3)(10)
any other Federal agency involved in wildfire response.
Covered entity— The term covered entity means—
a private entity;
a nonprofit organization; or
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
changed
In general— Not later than 60 days 1 year after the date of enactment of this Act, the Secretaries, in coordination with the heads of the covered agencies, shall establish a deployment and testbed demonstration pilot program (in this section referred to as “Pilot Program”) for new and innovative wildfire prevention, detection, communication, and mitigation technologies.
Functions— In carrying out the Pilot Program, the Secretaries shall—
changed
incorporate the Pilot Program into existing interagency coordinating groups on wildfires;the National Wildfire Coordinating Group;
changed
in consultation with the heads of covered agencies, identify and advance the demonstration and deployment of key technology priority areas with respect to wildfire prevention, detection, communication, and mitigation technologies, including—
hazardous fuels reduction treatments or activities;
dispatch communications;
remote sensing, detection, and tracking;
changed
safety equipment; andequipment;
common operating pictures or operational dashboards; and
added
interoperable commercial data; and
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 wildland fire mitigation activities and training.
changed
Applications— To be eligible to be selected to participate in the Pilot Program, a covered entity shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require, including a proposal to test demonstrate technologies specific to the key technology priority areas identified pursuant to subsection (c)(2).
changed
Prioritization of emerging technologies— In selecting covered entities to participate in the Pilot Program, the Secretaries shall give priority to covered entities developing and applying emerging technologies, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, augmented reality, and 5G private networks and device-to-device communications supporting nomadic mesh networks, for wildfire mitigation.entities—
added
that have participated in the Fire Weather Testbed of the National Oceanic and Atmospheric Administration; or
added
developing and applying emerging technologies for wildfire mitigation, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, thermal mid-wave infrared equipped low earth orbit satellites, augmented reality, 5G private networks, and device-to-device communications supporting nomadic mesh networks and detection.
changed
Outreach— The Secretaries, in coordination with the heads of covered agencies, shall make public the key technology priority areas identified pursuant to subsection (c)(2) and invite covered entities to apply under subsection (d) to test deploy and demonstrate their technologies to address such priority areas.
Reports and recommendations— Not later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the Pilot Program, the Secretaries shall submit to the relevant Congressional Committees, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report that includes, with respect to the Pilot Program, the following:
A list of participating covered entities.
changed
A brief description of the technologies tested deployed and demonstrated by each such covered entity.
An estimate of the cost of acquiring each such technology and applying the technology at scale.
Outreach efforts by Federal agencies to covered entities developing wildfire technologies.
Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in Federal land management agencies’ wildfire prevention, detection, communication, and mitigation efforts.
added
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.
Sunset— The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Sec. 307 Container Aerial Firefighting System (CAFFS)
added
added
Evaluation— Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, shall jointly conduct an evaluation of the container aerial firefighting system to assess the use of such system to mitigate and suppress wildfires.
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, shall jointly submit to the appropriate committees a report that includes the results of the evaluation required under subsection (a).
added
Appropriate Committees Defined— In this section, the term “appropriate committees” means—
added
the Committees on Agriculture and Natural Resources of the House of Representatives; and
added
the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate.
Sec. 308 Study on pine beetle infestation
addedadded Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
added
carry out a study on the causes and effects of, and solutions for, the infestation of pine beetles in the North Eastern region of the United States; and
added
submit to the relevant Congressional Committees a report that includes the results of the study required under paragraph (1).
Sec. 401 Wildland Fire Management Casualty Assistance Program
added
added
Development of Program— Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall develop a Wildland Fire Management Casualty Assistance Program (referred to in this section as the “Program”) to provide assistance to the next-of-kin of—
added
firefighters who, while in the line of duty, suffer illness or are critically injured or killed; and
added
wildland fire support personnel critically injured or killed in the line of duty.
added
Aspects of Program— The Program shall address the following:
added
The initial and any subsequent notifications to the next-of-kin of a firefighter or wildland fire support personnel who—
added
is killed in the line of duty; or
added
requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness.
added
The reimbursement of next-of-kin for expenses associated with travel to visit a firefighter or wildland fire support personnel who—
added
is killed in the line of duty; or
added
requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness.
added
The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities.
added
The relief or transfer of casualty assistance officers, including notification to survivors of critical injury or illness in the line of duty and next-of-kin of the reassignment of such officers to other duties.
added
Centralized, short-term and long-term case management procedures for casualty assistance, including rapid access by survivors of firefighters or wildland fire support personnel and casualty assistance officers to expert case managers and counselors.
added
The provision, through a computer accessible website and other means and at no cost to survivors and next-of-kin of firefighters or wildland fire support personnel, of personalized, integrated information on the benefits and financial assistance available to such survivors from the Federal Government.
added
The provision of information to survivors and next-of-kin of firefighters or wildland fire support personnel on mechanisms for registering complaints about, or requests for, additional assistance related to casualty assistance.
added
Liaison with the Department of the Interior, 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.
added
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 of firefighters or wildland fire support personnel.
added
Line of Duty Death benefits— The Program shall not affect existing authorities for Line of Duty Death benefits for Federal firefighters and wildland fire support personnel.
added
Next-of-Kin defined— In this section, the term next-of-kin means person or persons in the highest category of priority as determined by the following list (categories appear in descending order of priority):
added
Surviving legal spouse.
added
Children (whether by current or prior marriage) age 18 years or older in descending precedence by age.
added
Father or mother, unless by court order custody has been vested in another (adoptive parent takes precedence over natural parent).
added
Siblings (whole or half) age 18 years or older in descending precedence by age.
added
Grandfather or grandmother.
added
Any other relative (precedence to be determined in accordance with the civil law of descent of the deceased former member’s State of domicile at time of death).
Sec. 501 White Oak Restoration Initiative Coalition
added
added
In general— The White Oak Restoration Initiative Coalition shall be established—
added
as a voluntary collaborative group of Federal, State, Tribal, and local governments and private and non-governmental organizations to carry out the duties described in subsection (b); and
added
in accordance with the charter titled “White Oak Initiative Coalition Charter” adopted by the White Oak Initiative Board of Directors on March 21, 2023 (or a successor charter).
added
Duties— In addition to the duties specified in the charter described in subsection (a)(2), the duties of the White Oak Restoration Initiative Coalition are—
added
to coordinate Federal, State, Tribal, local, private, and non-governmental restoration of white oak in the United States; and
added
to make program and policy recommendations, consistent with applicable forest management plans, with respect to—
added
changes necessary to address Federal and State policies that impede activities to improve the health, resiliency, and natural regeneration of white oak;
added
adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and resiliency of white oak;
added
options to enhance communication, coordination, and collaboration between forest land owners, particularly for cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak;
added
research gaps that should be addressed to improve the best available science on white oak;
added
outreach to forest landowners with white oak or white oak regeneration potential; and
added
options and policies necessary to improve the quality and quantity of white oak in tree nurseries.
added
Administrative support, technical services, and staff support— The Secretary of the Interior and the Secretary of Agriculture shall make such personnel available to the White Oak Restoration Initiative Coalition for administrative support, technical services, and development and dissemination of educational materials as the Secretaries determine necessary to carry out this section.
added
Private funding of white oak restoration projects— Subject to the availability of appropriations made in advance for such purpose, the Secretary of Agriculture may make funds available to the White Oak Restoration Initiative 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. 502 Forest Service pilot program
added
added
In general— The Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish and carry out 5 pilot projects in national forests to restore white oak in such forests through white oak restoration and natural regeneration practices that are consistent with applicable forest management plans.
added
National forests reserved or withdrawn from the public domain— At least 3 pilot projects required under subsection (a) shall be carried out on national forests reserved or withdrawn from the public domain.
added
Authority To enter into cooperative agreements— The Secretary of Agriculture may enter into cooperative agreements to carry out the pilot projects required under subsection (a).
added
Sunset— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 503 Department of the Interior white oak review and restoration
added
added
Assessment—
added
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—
added
whether white oak is present on such land; and
added
the potential to restore white oak forests on such land.
added
Use of information— In carrying out the assessment under paragraph (1), the Secretary may use information from sources other than the Department of the Interior, including from the White Oak Initiative and the Forest Service.
added
Report— Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to Congress, and make publicly available on the website of the Department of the Interior, a report regarding the results of the assessment carried out under this subsection.
added
Pilot projects— After the date on which the report required under subsection (a)(3) is submitted, the Secretary 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.
added
Authority to enter into cooperative agreements— The Secretary of the Interior may enter into cooperative agreements to carry out the pilot projects required under subsection (b).
added
Sunset— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 504 White oak regeneration and upland oak habitat
added
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture (in this section referred to as the “Secretary”) shall establish a non-regulatory program to be known as the “White Oak and Upland Oak Habitat Regeneration Program” (in this section referred to as the “Program”).
added
Duties— In carrying out the Program, the Secretary shall—
added
draw upon 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 within the United States;
added
collaborate and coordinate with the White Oak Restoration Initiative Coalition to prioritize white oak restoration initiatives;
added
adopt a white oak restoration strategy that—
added
supports the implementation of a shared set of science-based restoration and conservation activities developed in accordance with paragraph (1);
added
targets cost effective projects with measurable results; and
added
maximizes restoration outcomes with no net gain of Federal full-time equivalent employees; and
added
establish the voluntary grant and technical assistance programs in accordance with subsection (e).
added
Coordination— In establishing the Program the Secretary, acting through the Chief of the Forest Service, shall consult with—
added
the heads of Federal agencies, including—
added
the Director of the United States Fish and Wildlife Service; and
added
the Chief of the Natural Resources Conservation Service; and
added
the Governor of each State in which restoration efforts will be carried out pursuant to the Program.
added
Purposes— The purposes of the Program include—
added
coordinating restoration and conservation activities among Federal, State, local, and Tribal entities and conservation partners to address white oak restoration priorities;
added
improving and regenerating white oak and upland oak forests and the wildlife habitat such forests provide;
added
carrying out coordinated restoration and conservation activities that lead to the increased growth of species of white oak in native white oak regions on Federal, State, Tribal, and private land;
added
facilitating strategic planning to maximize the resilience of white oak systems and habitats under changing climate conditions;
added
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
added
increasing scientific capacity to support the planning, monitoring, and research activities necessary to carry out such coordinated restoration and conservation activities.
added
Grants and assistance—
added
In general— To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program (in this section referred to as the “grant program”) to achieve the purposes of the Program described in subsection (d).
added
Administration—
added
In general— The Secretary shall enter into a cooperative agreement with the National Fish and Wildlife Foundation (in this subsection referred to as the “Foundation”) to manage and administer the grant program.
added
Funding— Subject to the availability of appropriations made in advance for such purpose, after the Secretary enters into a cooperative agreement with the Foundation under subparagraph (A), the Foundation shall for each fiscal year, receive amounts to carry out this subsection in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year.
added
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)).
added
Sunset— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 505 Tree nursery shortages
added
added
In general— Not later than 1 year after the date of the enactment of this section, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
added
develop and implement a national strategy to increase the capacity of Federal, State, Tribal, and private tree nurseries to address the nationwide shortage of tree seedlings; and
added
coordinate such strategy with—
added
the national reforestation strategy of the Forest Service; and
added
each regional implementation plan for National Forests.
added
Elements— The strategy required under subsection (a) shall—
added
be based on the best available science and data; and
added
identify and address—
added
regional seedling shortages of bareroot and container tree seedlings;
added
regional reforestation opportunities and the seedling supply necessary to fulfill such opportunities;
added
opportunities to enhance seedling diversity and close gaps in seed inventories; and
added
barriers to expanding, enhancing, or creating new infrastructure to increase nursery capacity.
Sec. 506 White oak research
added
added
In general— The Secretary of Agriculture may enter into a memorandum of understanding with a Tribe or institution, including a covered land grant college, to collaboratively conduct research on—
added
white oak genes with resistance or tolerance to stress;
added
white oak trees that exhibit vigor for the purpose of increasing survival and growth;
added
establishing a genetically diverse white oak seeds bank capable of responding to stressors;
added
providing a sustainable supply of white oak seedlings and genetic resources;
added
improved methods for aligning seed sources with the future climate at planting sites;
added
reforestation of white oak through natural and artificial regeneration;
added
improved methods for retaining and increasing white oak trees in forests;
added
improved methods for reforesting abandoned mine land sites; and
added
economic and social aspects of white oak forest management across land ownerships.
added
Consult— In carrying out the research under subsection (a), the Tribe or institution, including a covered land grant college, that enters into the memorandum of understanding under such subsection may consult with such States, nonprofit organizations, institutions of higher education, and other scientific bodies, as the entity subject to such memorandum determines appropriate.
added
Sunset— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
added
Covered land grant college defined— In this section, the term covered land grant college means an 1862 Institution, an 1890 Institution, or a 1994 Institution (as such terms are defined, respectively, in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)).
Sec. 507 USDA formal initiative
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In general— The Secretary of Agriculture, 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 to—
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re-establish white oak forests where appropriate;
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improve management of existing white oak forests to foster natural regeneration of white oak;
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provide technical assistance to private landowners to re-establish, improve management of, and naturally regenerate white oak;
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improve and expand white oak nursery stock; and
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adapt and improve white oak seedlings.
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Sunset— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
Sec. 508 Authorities
addedadded To the maximum extent practicable, the Secretary of the Interior and the Secretary of Agriculture shall use the authorities provided under this title in combination with other authorities to carry out projects, including—
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good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113); and
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stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).
Sec. 601 Water source protection program
addedadded Section 303 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(g)(4)(B)) is amended—
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in subsection (a)—
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by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;
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by inserting before paragraph (2), as so redesignated, the following:
added “(1) Adjacent land—The term adjacent land means non-Federal land, including State, local, and private land, that is adjacent to, and within the same watershed as, National Forest System land on which a watershed protection and restoration project is carried out under this section.”
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in paragraph (2), as so redesignated—
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by redesignating subparagraphs (G) and (H) as subparagraphs (K) and (L), respectively; and
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by inserting after subparagraph (F) the following:
added “(G) an acequia association;
added “(H) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure;
added “(I) a land-grant mercedes;
added “(J) a local, regional, or other private entity that has water delivery authority;”
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in subsection (b)—
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by striking “The Secretary shall” and inserting the following:
added “(1) In general—The Secretary shall”
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by adding at the end the following:
added “(2) Requirements—A watershed protection and restoration project under the Program shall be designed to—
added “(A) protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
added “(B) protect and restore forest health from insect infestation and disease or wildfire; or
added “(C) advance any combination of the purposes described in subparagraphs (A) and (B).
added “(3) Priorities—In selecting watershed protection and restoration projects under the Program, the Secretary shall give priority to projects that would—
added “(A) provide risk management benefits associated with: drought; wildfire; post-wildfire conditions; extreme weather; flooding; resilience to climate change; and watershed and fire resilience, including minimizing risks to watershed health, water supply and quality, and water-related infrastructure, including municipal and agricultural water supply systems;
added “(B) support aquatic restoration and conservation efforts that complement existing or planned forest restoration or wildfire risk reduction efforts; or
added “(C) provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems.
added “(4) Conditions for projects on adjacent land
added “(A) In general—No project or activity may be carried out under this section on adjacent land unless the owner of the adjacent land agrees in writing that the owner is a willing and engaged partner in carrying out that project or activity.
added “(B) Effect—Nothing in this section shall be construed to authorize any change in—
added “(i) the ownership of adjacent land on which a project or activity is carried out under this section; or
added “(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.”
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in subsection (c)—
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in paragraph (1), by striking “with end water users” and inserting
added “(A) to the end water users subject to the agreement; or
added “(B) for the benefit of another end water user.”
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in paragraph (2)—
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in subparagraph (C), by striking “or” at the end;
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by redesignating subparagraph (D) as subparagraph (E); and
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by inserting after subparagraph (C) the following:
added “(D) a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); or”
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by adding at the end the following:
added “(3) Cooperation with non-Federal partners—The Secretary shall cooperate with non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section.”
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in subsection (d)—
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by amending paragraph (2) to read as follows:
added “(2) Requirement—A water source management plan shall be—
added “(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));
added “(B) based on the best available scientific information; and
added “(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.”
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by adding at the end the following:
added “(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 as approved by the Secretary may be used as the basis for a water source management plan under this subsection.”
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in subsection (e)(1), by striking “primary purpose of” and all that follows through the period at the end and inserting “primary purpose of advancing any of the purposes described in subsection (b)(2).”.
Sec. 602 Watershed condition framework technical corrections
addedadded Section 304(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543(a)) is amended in paragraphs (3) and (5) by striking “protection and”.