H.R. 8790 — what changed
Fix Our Forests Act
From Introduced in House to Reported in House. 13 sections amended and 3 added between Introduced in House and Reported 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.
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Governor— The term Governor means the Governor or any other appropriate executive official of an affected State or Indian tribe 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.
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Indian tribe—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).
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National forest system 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.
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Relevant congressional committees—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.
State— The term State means each of the several States, the District of Columbia, and each territory of the United States
Sec. 101 Designation of fireshed management areas
Designation of fireshed management areas—
Initial designations— For the period beginning on the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act, there are designated fireshed management areas, which—
shall be comprised of individual landscape-scale firesheds identified as being a high risk fireshed in the “Wildfire Crisis Strategy” published by the Forest Service in January 2022;
shall be comprised of individual landscape-scale firesheds identified by the Secretary, in consultation with the Secretary of the Interior, as being in the top 20 percent of the 7,688 firesheds published by the Rocky Mountain Research Station of the Forest Service in 2019 for wildfire exposure based on the following criteria—
wildfire exposure and corresponding risk to communities, including risk to structures and life;
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wildfire exposure and corresponding risk to municipal watersheds; watersheds, including tribal water supplies and systems; and
risk of forest conversion due to wildfire;
shall not overlap with any other fireshed management areas;
may contain Federal and non-Federal land, including Indian forest lands or rangelands; and
where the Secretary concerned shall carry out fireshed management projects.
Further fireshed management area designations—
In general— On the date that is 5 years after the date of the enactment of this Act and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit to the relevant Congressional Committees an updated map of firesheds based on the Fireshed Registry maintained under section 103.
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Designation— Not later than 60 days after submitting an updated fireshed map under subparagraph (A), the Secretary shall, based on such map, designate additional fireshed management areas that are identified as being in the top 20 percent of firesheds at risk for of wildfire exposure based on the criteria specified in subparagraphs (B), (C), (D), and (E) of paragraph (1).
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Applicability of NEPA—nepa— The designation of fireshed management areas under this section shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 102 Fireshed center
Establishment—
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In general— The Secretary, acting through the Chief of the Forest Service 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.
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Director— The Secretary, acting through the Chief of the Forest Service 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—
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comprehensively assess and predict fire and smoke in the wildland and built environment interface through data aggregation and science-based decision support services;across jurisdictions to inform—
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land and fuels management;
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community, public health, and built environment risk reduction; and
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fire response and post-fire recovery;
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reduce fragmentation and duplication across Federal land management agencies with respect to provide data aggregation, real-time predictive service services, and science-based decision support functions related to wildland fire;services;
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promote interorganizational coordination reduce fragmentation and sharing of data regarding duplication across Federal land management agencies with respect to predictive service and decision support functions related to wildland fire decision making;and smoke;
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streamline procurement processes promote coordination and cybersecurity systems related to addressing sharing of data regarding wildland fire;fire and smoke decision making between Federal agencies, States, Indian Tribes, local governments, academic or research institutions, and private entities;
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provide publicly accessible data, models, technologies, assessments, streamline procurement processes and fire weather forecasts cybersecurity systems related to support short- and long-term planning regarding addressing wildland fire and post-fire recovery; andsmoke;
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provide publicly accessible data, models, technologies (including mapping technologies), assessments, and fire weather forecasts to support short- and long-term planning regarding wildland fire and smoke risk reduction and post-fire recovery; and
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was (3)(8)
maintain the Fireshed Registry established under section 103.
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Memorandas Memoranda of understanding— The Center may enter into memorandums of understanding 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. 103 Fireshed registry
Fireshed registry— The Secretary, acting through the Director of the Fireshed Center appointed under section 102, shall maintain a Fireshed Registry on a publicly accessible website that provides interactive geospatial data on individual firesheds, including information on—
wildfire exposure delineated by ownership, including rights-of-way for utilities and other public or private purposes;
any hazardous fuels management activities that have occurred within an individual fireshed in the past 10 years;
wildfire exposure with respect to such fireshed delineated by—
wildfire exposure and corresponding risk to communities, including risk to structures and life;
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wildfire exposure and corresponding risk to municipal watersheds; watersheds, including tribal water supplies and systems; and
risk of forest conversion due to wildfire;
the percentage of the fireshed that has burned in wildfires in the past 10 years, including, to the extent practicable, delineations of acres that have burned at a high severity;
spatial patterns of wildfire exposure, including plausible extreme fire events; and
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any hazardous fuels management activities planned for the fireshed, including fireshed management projects under section 106 of this Act.projects.
Community Wildfire Protection Plans— The Director shall make data from the Fireshed Registry available to local communities developing or updating community wildfire protection plans.
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Requirement To to maintain— As part of the website containing the Fireshed Registry, the Director shall—
publish fireshed assessments created under section 105; and
maintain a searchable database to track—
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the status of Federal environmental reviews, permits, and authorizations for specific fireshed management projects conducted under section 106, projects, including—
a comprehensive permitting timetable;
the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable with respect to such fireshed management projects;
any modifications of the permitting timetable required under clause (i), 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;
the projected cost of such fireshed management projects; and
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in the case of completed fireshed management projects completed pursuant to section 106, projects, the effectiveness of such projects in reducing the wildfire exposure within an applicable fireshed, including wildfire exposure described in subparagraphs (A) through (C) of subsection (a)(3).
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Reliance on existing assessments— In carrying out this section, the Director may rely on assessments completed or data gather through existing partnerships, to the extent practicable.
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—
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using the best available data, 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;
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wildfire exposure and corresponding risk to municipal watersheds;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;
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Tribal resources; 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;
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; and
policies to ensure fireshed management projects comply with applicable forest plans and incorporate the best available science;
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shall be regularly updated based on the best available data, science, as determined by the Secretary concerned; and
shall be publicly available on a website maintained by the Secretary concerned.
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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) with the Governor of the State and for the State in which the local government is located.such State.
Information improvement—
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, 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.
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Any activities recommended by the state-specific 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.
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Use of expedited authorities— In carrying out a fireshed management project, the Secretary shall apply a categorical exclusion under clause (i)—
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in a manner consistent with the statute establishing such categorical exclusionexclusion; 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—
in section 603(c)(1) (16 U.S.C. 6591b(c)(1)), by striking “3000 acres” and inserting “10,000 acres”;
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in section 605(c)(1) (16 U.S.C. 6591d(c)(1)), by striking “3,000 “3000 acres” and inserting “10,000 acres”;acres”; and
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in section 606(g) (16 U.S.C. 6591e(g)), by striking “4,500 acres” and inserting “10,000 acres”; andacres”.
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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”.
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in section 40806(d) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)), by striking “3,000 acres” and inserting “10,000 acres”; and
renumbered
was (3)(3)
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—
renumbered
was (3)(3)(3)
by striking “Lake Tahoe Basin Management Unit”; and
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was (3)(3)(4)
by inserting “applicable to the area” before the period at the end.
Sec. 115 Joint Chiefs landscape restoration partnership program
addedadded Section 40808 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592d) is amended—
added
in subsection (a)(2)—
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in subparagraph (B), by striking “or” at the end;
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in subparagraph (C), by striking the period at the end and inserting a semicolon; and
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by adding at the end the following:
added “(D) to recover from wildfires; or
added “(E) to enhance soil, water, and related natural resources.”
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in subsection (d)(1)—
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in subparagraph (A), by inserting “and post-wildfire impacts” after “wildfire risk”; and
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in subparagraph (F), by inserting “, as identified in the corresponding State forest action plan or similar priority plan (such as a State wildlife or water plan)” before the semicolon;
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in subsection (g)(2), by inserting “and at least once every 2 fiscal years thereafter” after “and 2023”; and
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in subsection (h)(1), by striking “and 2023” and inserting “through 2028”.
Sec. 116 Collaborative forest landscape restoration program
addedadded Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended—
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in subsection (b)(3)—
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in subparagraph (D), by striking “species;” and inserting “species or pathogens;”;
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in subparagraph (G), by striking “and” at the end;
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in subparagraph (H), by adding “and” after the semicolon at the end; and
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by adding at the end the following:
added “(I) address standardized monitoring questions and indicators;”
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in subsection (c)(3)(A)—
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in clause (i), by striking “and” at the end;
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in clause (ii), by adding “and” at the end; and
added
by adding at the end the following:
added “(iii) include a plan to provide support to collaborative processes established pursuant to subsection (b)(2);”
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in subsection (d)—
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in paragraph (2)—
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in subparagraph (E), by striking “and” at the end;
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in subparagraph (F), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(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);
added “(H) proposals that seek to reduce the risk of uncharacteristic wildfire or increase ecological restoration activities—
added “(i) within areas across land ownerships, including State, Tribal, and private land; and
added “(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 “(I) proposals that seek to enhance watershed health and drinking water sources.”
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in paragraph (3)—
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by amending subparagraph (A) to read as follows:
added “(A) 4 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and”
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by striking subparagraph (B); and
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by redesignating subparagraph (C) as subparagraph (B); and
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in subsection (f)(6), by striking “2019 through 2023” and inserting “2023 through 2029”.
Sec. 121 Commonsense litigation reform
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In general— A court shall not enjoin a fireshed management project covered agency action if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.
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Balancing short- and long-Term short-and long-term effects of fireshed management activities covered agency action in considering injunctive relief— As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a fireshed management project, covered agency action, the court reviewing the agency such action shall balance the impact to the ecosystem likely affected by the fireshed management project such action of—
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the short- and long-term effects of undertaking the agency such action; against
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the short- and long-term effects of not undertaking the such action.
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Limitations for injunctive relief and remand—on judicial review—
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In general— Notwithstanding any other provision of law, law (except this section), in the case of a court shall not vacate or otherwise limit, delay, stay, or enjoin claim arising under Federal law seeking judicial review of a fireshed management project unless the court determines that—covered agency action—
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the fireshed management project will pose a risk of a proximate and substantial environmental harm; andcourt shall not hold unlawful, set aside, or otherwise limit, delay, stay, vacate, or enjoin such agency action unless the court determines that—
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such action poses or will pose a risk of a proximate and substantial environmental harm; and
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there is no other equitable remedy available as a matter of law; and
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there is no other equitable remedy available as if a court determines that subparagraph (A) does not apply to the covered agency action the only remedy the court may order with regard to such agency action is to remand the matter to the agency with instructions to, during the 180-day period beginning on the date of law.the order, take such additional actions as may be necessary to redress any legal wrong suffered by, or adverse effect on, the plaintiff, except such additional actions may not include the preparation of a new agency document unless the court finds the agency was required and failed to prepare such agency document.
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Effect of remand— In the case of a covered agency action to which paragraph (1)(B) applies, the agency may—
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Remand—
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In general— Notwithstanding any other provision of law, if a court determines that a fireshed management project will not pose a risk of a proximate and substantial environmental harm—
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the court may remand the fireshed management project to the applicable agency with instruction to correct (including specific directions) the errors or deficiencies within 180 days; and
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an activity under the fireshed management project may be carried out so long as such activity does not affect the errors or deficiencies described in clause (i).
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Review— Unless the court finds that the applicable continue to carry out such agency entirely failed action to prepare a required environmental assessment or environmental the extent the action does not impact statement, on remand—the additional actions required pursuant to such paragraph; and
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if the agency action relates to an agency document, use any format to correct such document (including a supplemental environmental document, memorandum, or errata sheet).
removed
the court shall not require such agency to prepare a new environmental assessment or environmental impact statement; and
removed
such agency may use another format, including a memorandum or errata sheet, to document any new analysis required.
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Limitations on claims— Notwithstanding any other provision of law, law (except this section), a claim arising under Federal law seeking judicial review of a fireshed management project covered agency action shall be barred unless—
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with respect to an agency document or the application of a categorical exclusion noticed in the Federal Register, such claim is filed not later than 120 days after the date of publication of a notice in the Federal Register of agency intent to carry out the fireshed management project, project relating to such agency document or application, unless a shorter period is specified in such Federal law;
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in the case of an agency document or the application of a categorical exclusion not described in paragraph (1), such claim is filed not later than 120 days after the date that is the earlier of—
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the date on which such agency document or application is published; and
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the date on which such agency document or application is noticed; and
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in the case of an authorization or a covered agency action for which there was a public comment period, such claim—
is filed by a party that—
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participated in the administrative proceedings regarding such the fireshed management project; project relating to such action; and
submitted a comment during such public comment period and such comment was sufficiently detailed to put the applicable agency on notice of the issue upon which the party seeks judicial review; and
is related to such comment.
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Definitions— In ln this section:
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Agency document— The term agency document “agency document” means, with respect to a fireshed management project, a record of decision, categorical exclusion, environmental document, or programmatic environmental document.
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NEPA terms—Covered agency action— The terms categorical exclusion, environmental document, and programmatic environmental document have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).term “covered agency action” means—
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the establishment of a fireshed management project by an agency;
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the application of a categorical exclusion to a fireshed management project;
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the preparation of any agency document for a fireshed management project; or
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any other agency action as part of a fireshed management project.
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NEPA terms— The terms “categorical exclusion”, “environmental document”, and “programmatic environmental document” have the meanings given such terms, respectively, in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
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.
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The U.S. United States Fish and Wildlife Service.
The Bureau of Indian Affairs.
The Forest Service.
The Federal Emergency Management Agency.
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The U.S. United States Fire Administration.
The National Institute of Standards and Technology.
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—
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advancing research and science in wildfire resilience and land management;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;
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providing technical and financial assistance to communities 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).(c), to—
added
encourage critical risk reduction measures on private property with high wildfire risk exposure in such communities; and
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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
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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.
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. 203 Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way
Hazard trees within 150 feet of electric power line— Section 512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking “10” and inserting “150”.
Consultation with private landowners— Section 512(c)(3)(E) of such Act (43 U.S.C. 1772(c)(3)(E)) is amended—
in clause (i), by striking “and” at the end;
in clause (ii), by striking the period and inserting “; and”; and
by adding at the end the following:
“(iii) consulting with a private landowner with respect to any hazard trees identified for removal from land owned by the private landowner.”
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Review and approval process— Section 512(c)(4)(A)(iv) of such Act (43 U.S.C. 1772(c)(4)(A)) 1772(c)(4)(A)(iv)) is amended to read as follows:
“(iv) ensures that—
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“(I) a plan submitted without a modification under clause (iii) shall be automatically approved 120 days after review; being submitted; and
“(II) with respect to a plan submitted with a modification under clause (iii), if not approved within 120 days after being submitted, the Secretary concerned shall develop and submit a letter to the owner and operator describing—
“(aa) a detailed timeline (to conclude within 165 days after the submission of the plan) for completing review of the plan;
“(bb) any identified deficiencies with the plan and specific opportunities for the owner and operator to address such deficiencies; and
“(cc) any other relevant information, as determined by the Secretary concerned.”
Sec. 205 Seeds of success
Strategy established— Not later than 2 years after the date of enactment of this Act, the Secretaries and the Secretary of Defense shall jointly develop and implement a strategy, to be known as the “Seeds of Success strategy”, to enhance the domestic supply chain of seeds.
Elements— The strategy required under subsection (a) shall include a plan for each of the following:
Facilitating sustained interagency coordination in, and a comprehensive approach to, native plant materials development and restoration.
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Promoting the re-seeding of native or fire-resistant grasses vegetation post-wildfire, particularly in the wildland-urban interface.
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Creating and consolidating information on native or fire-resistant grasses vegetation and sharing such information with State, local State governments, and Indian Tribes.Tribes, and local governments.
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Building regional programs and partnerships to promote the development of materials made from plants native to the United States and restores restore such plants to the their respective, native habitat of each such plant habitats within the United States, giving priority to the building of such programs and partnerships in regions of the Bureau of Land Management where such partnerships and programs do not already exist as of the date of enactment of this Act.
Expanding seed storage and seed-cleaning infrastructure.
Expanding the Warehouse System of the Bureau of Land Management, particularly the cold storage capacity of the Warehouse System.
Shortening the timeline for the approval of permits to collect seeds on public lands managed by the Bureau of Land Management.
Report— The Secretaries and the Secretary of Defense shall submit to the relevant Congressional Committees the strategy developed under paragraph (1).
Sec. 301 Biochar innovations and opportunities for conservation, health, and advancements in research
Demonstration projects—
Establishment—
In general— 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—
Establishment— The Secretary of the Interior 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;
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the best management practices with respect to biochar and biochar based-products 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—
a State, local, or Tribal government;
an eligible institution; or
a private, non-private, or cooperative entity.
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. 303 Public-private wildfire technology deployment and testbed 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;
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the U.S. United States Fire Administration;
the Federal Emergency Management Agency;
the National Aeronautics and Space Administration;
the Bureau of Indian Affairs;
the Department of Defense; and
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)).
In general— Not later than 60 days 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 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—
incorporate the Pilot Program into existing interagency coordinating groups on wildfires;
in consultation with the heads of covered agencies, identify and advance 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;
safety equipment; and
common operating pictures or operational dashboards; 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.
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 technologies specific to the key technology priority areas identified pursuant to subsection (c)(2).
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.
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 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.
A brief description of the technologies tested 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.
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. 306 Keeping forest plans current and monitored
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In general— The Secretary—
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to the greatest extent practicable and subject to the availability of appropriations made in advance for such purpose—
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ensure forest plans comply with the requirements of section 6(f)(5)(A) of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)); and
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prioritize revising any forest plan not in compliance with such section 6(f)(5)(A);
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not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System;
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not later than 120 days after the date of the enactment of this Act, submit to the relevant Congressional Committees the date on which each forest plan required by such section 6 was most recently revised, amended, or modified;
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seek to publish a new, complete version of a forest plan that the Secretary has been directed to amend, revise, or modify by a court order within 60 days of such amendment, revision, or modification, subject to the availability of appropriations made in advance for such purpose; and
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maintain a central, publicly accessible website with links to—
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the most recently available forest plan adopted, amended, or modified by a court order as a single document; and
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the most recently published forest plan monitoring report for each unit of the National Forest System.
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Good faith updates— If the Secretary is not acting expeditiously and in good faith, within the funding available to revise, amend, or modify a plan for a unit of the National Forest System as required by law or a court order, subsection (a) shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.
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Report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the relevant Congressional Committees summarizing the implementation of this section.