Save Our Sequoias Act
AN ACT
To improve the health and resiliency of giant sequoias, and for other purposes.
Sec. 2 Definitions
In this Act:
Assessment— The term Assessment means the Giant Sequoia Health and Resiliency Assessment required by section 5.
Coalition— The term Coalition means the Giant Sequoia Lands Coalition codified under section 4(a).
Collaborative process— The term collaborative process means a collaborative process as described in section 4003(b)(2) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(2)).
Covered national forest system lands— The term covered National Forest System lands means the proclaimed National Forest System lands reserved or withdrawn from the public domain of the United States covering the Sequoia National Forest and Giant Sequoia National Monument, Sierra National Forest, and Tahoe National Forest.
Covered public lands— The term covered public lands means—
the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and
Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service.
Giant sequoia— The term giant sequoia means a tree of the species Sequoiadendron giganteum.
Protection project— The term Protection Project means a Giant Sequoia Protection Project carried out under section 6.
Reforestation— The term reforestation means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through—
natural regeneration;
natural regeneration with site preparation and vegetation competition control; or
planting or direct seeding.
Rehabilitation— The term rehabilitation means any action taken during the 5-year period beginning on the last day of a wildland fire to repair or improve fire-impacted lands which are unlikely to recover to management-approved conditions.
Relevant congressional committees— The term relevant Congressional Committees means—
the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives; and
the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations 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.
Secretary— The term Secretary means the Secretary of the Interior.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and
the Secretary of the Interior, with respect to covered public lands, or their designee.
Strategy— The term Strategy means the Giant Sequoia Reforestation and Rehabilitation Strategy established under section 7.
Strike team— The term Strike Team means a Giant Sequoia Strike Team established under section 8.
Tribe— The term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California.
Sec. 3 Shared stewardship agreement for giant sequoias
In general— Not later than 90 days after receiving a request from the Governor of the State of California or the Tribe, the Secretary shall enter into or expand an existing shared stewardship agreement or enter into a similar agreement with the Secretary of Agriculture, the Governor of the State of California, and the Tribe to jointly carry out the short-term and long-term management and conservation of giant sequoias.
Participation—
In general— If the Secretary has not received a request from the Governor of the State of California or the Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture.
Future participation— If the Secretary receives a request from the Governor of the State of California or the Tribe any time after entering into the agreement with the Secretary of Agriculture under paragraph (1), the Secretary shall accept the Governor of the State of California or the Tribe as a party to such agreement.
Sec. 4 Giant sequoia lands coalition
Codification— The Coalition is the entity established under the charter titled “Giant Sequoia Lands Coalition Charter” (or successor charter) signed during the period beginning June 2, 2022 and ending August 2, 2022 by each of the following:
The National Park Service, representing Sequoia and Kings Canyon National Parks.
The National Park Service, representing Yosemite National Park.
The Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument.
The Forest Service, representing Sierra National Forest.
The Forest Service, representing Tahoe National Forest.
The Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area.
The Tribe, representing the Tule River Indian Reservation.
The State of California, representing Calaveras Big Trees State Park.
The State of California, representing Mountain Home Demonstration State Forest.
The University of California, Berkeley, representing Whitaker’s Research Forest.
The County of Tulare, California, representing Balch Park.
Duties— In addition to the duties specified in the charter referenced in subsection (a), the Coalition shall—
produce the Assessment under section 5;
observe implementation, and provide policy recommendations to the Secretary concerned, with respect to—
Protection Projects carried out under section 6; and
the Strategy established under section 7;
facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries;
facilitate information sharing, including best available science as described in section 5(d) and mapping resources; and
support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought.
Administrative support, technical services, and staff support— The Secretary shall make personnel of the Department of the Interior available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that the Secretary determines necessary to carry out this section.
Public Meeting requirement—
In general— Except as provided in paragraph (2), the Coalition shall provide for public observation at no less than one meeting annually.
Closed sessions— The Coalition may close portions of a meeting as provided in paragraph (1) to the public only when discussion will involve—
sensitive law enforcement, security, or emergency response matters, the public disclosure of which would compromise public safety; or
confidential commercial information, private property information, or landowner information.
Sec. 5 Giant sequoia health and resiliency assessment
In general— Not later than 6 months after the date of the enactment of this Act, the Coalition shall submit to the relevant Congressional Committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science—
identifies—
each giant sequoia grove that has experienced a—
stand-replacing disturbance; or
disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove;
each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance;
lands—
contiguous or adjacent to giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; or
in which the placement of fuel breaks could reduce the risk of high-severity wildfires that could adversely impact giant sequoia groves; and
each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation;
analyzes the resiliency of each giant sequoia grove to threats, such as—
high-severity wildfire;
insects, including beetle kill; and
drought;
examines how historical, Tribal, or current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to—
high-severity wildfires;
insects, including beetle kill; and
drought; and
includes program and policy recommendations that address—
options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias; and
research gaps that should be addressed to improve the best available science on the giant sequoias.
Annual updates— Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant Congressional Committees that—
includes any new data, information, or best available science that has changed or become available since the previous Assessment was submitted;
with respect to Protection Projects—
includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects;
includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects;
provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects; and
if the Secretary concerned failed to reduce hazardous fuels in at least 3 giant sequoia groves in the previous year, a written explanation that includes—
a detailed explanation of what impediments resulted in failing to reduce hazardous fuels in at least 3 giant sequoia groves; and
a detailed explanation of what actions the Secretary concerned is taking to ensure that hazardous fuels are reduced in at least 3 giant sequoia groves the following year; and
with respect to reforestation and rehabilitation of giant sequoias—
contains updates on the implementation of the Strategy under section 7, including grove-level data on reforestation and rehabilitation activities; and
provides status updates and monitoring reports on giant sequoia groves that have experienced reforestation or rehabilitation as part of the Strategy under section 7.
Dashboard—
Requirement to maintain— The Coalition shall create and maintain a website that—
publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition;
contains searchable information about individual giant sequoia groves, including the—
resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a);
Protection Projects that have been proposed, initiated, or completed in such groves; and
reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and
maintains a searchable database to track—
the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and
the projected cost of Protection Projects and reforestation and rehabilitation activities.
Searchable database— The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including—
a comprehensive permitting timetable;
the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable;
any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and
information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
Best available science— In utilizing the best available science for the Assessment, the Coalition shall include—
data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency;
traditional ecological knowledge from the Tribe related to improving the health and resiliency of giant sequoia groves; and
data from Federal, State, Tribal, and local governments or agencies, and other interested stakeholders with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency.
Technology improvements— In carrying out this section, the Secretary may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of—
advanced remote sensing and geospatial technologies;
statistical modeling and analysis; or
any other technology the Secretary determines will benefit the quality of information used in the Assessment.
Planning— The Coalition shall make information from this Assessment available to the Secretary concerned and State of California to integrate into the—
State of California’s Wildfire and Forest Resilience Action Plan;
Forest Service’s 10-year Wildfire Crisis Strategy (or successor plan); and
Department of the Interior’s Wildfire Risk Five-Year Monitoring, Maintenance, and Treatment Plan (or successor plan).
Relation to the national environmental policy act of 1969— The development and submission of the Assessment under subsection (a) shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 6 Giant sequoia emergency response
Emergency response to protect giant sequoias—
In general—
Emergency determination— Congress determines that—
an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and
Protection Projects are necessary to control the immediate impacts of the emergency described in clause (i) and are needed to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands.
Application— The emergency determination established under subparagraph (A) shall apply to all covered public lands and covered National Forest System lands.
Expiration— The emergency determination established under subparagraph (A) shall expire on the date that is 7 years after the date of the enactment of this Act.
Implementation— While the emergency determination established under paragraph (1) is in effect, the following shall apply:
The Secretary concerned, acting through a responsible official, shall carry out Protection Projects on covered public lands and covered National Forest System lands in accordance with this section, all applicable land management plans, and the laws (including regulations) applicable to the Secretary concerned.
A responsible official shall carry out Protection Projects in accordance with the following, as applicable:
Section 220.4(b) of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands.
Section 46.150 of title 43, Code of Federal Regulations (as in effect October 12, 2022), with respect to covered public lands.
Section 402.05 of title 50, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
Section 800.12 of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
The rules established under subsections (d) and (e) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c(d), (e)) shall apply with respect to Protection Projects by substituting “Protection Projects” for “authorized emergency action under this section” each place it appears in such subsections.
Protection Projects shall be subject to the requirements of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
Protection projects— The responsible official shall carry out the following forest management activities as Protection Projects under the emergency determination under this section:
Conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning.
Removing hazard trees, dead trees, or dying trees, as determined by the responsible official.
Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand and the best available science, as determined by the responsible official.
Activities to address insects, disease, invasive species, and vegetative encroachment of a giant sequoia grove.
Any combination of activities described in this paragraph.
Requirements—
In general— Protection Projects carried out under paragraph (3) and reforestation and rehabilitation activities carried out under this Act that are described by subparagraph (C) are categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
Availability— The Secretary concerned shall use the categorical exclusion established under subparagraph (A) in accordance with this section.
Requirements— A Protection Project or reforestation or rehabilitation activity is described by this subparagraph if such Protection Project or reforestation or rehabilitation activity—
covers an area of no more than—
2,000 acres within giant sequoia groves; and
3,000 acres on lands identified under section 5(a)(1)(C); and
occurs on Federal land or non-Federal land with the consent of the non-Federal landowner.
Extraordinary circumstances— The extraordinary circumstances procedures under provisions (e) through (g) of section 1b.3 of title 7, Code of Federal Regulations, shall apply to a Protection Project or reforestation or rehabilitation activity that is categorically excluded under subparagraph (A).
Use of other authorities— To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including—
good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).
Savings clause— With respect to joint Protection Projects and reforestation and rehabilitation activities involving the Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe.
Implementation— To the maximum extent practicable, the Secretary concerned shall reduce hazardous fuels in no fewer than 3 giant sequoia groves each year.
Public notice— The Secretary concerned shall provide notice of each Protection Project on a publicly available website maintained by the Secretary concerned.
Sec. 7 Giant sequoia reforestation and rehabilitation strategy
Reforestation and rehabilitation strategy—
In general— Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Coalition, shall develop and implement a strategy, to be known as the Giant Sequoia Reforestation and Rehabilitation Strategy, to enhance the reforestation and rehabilitation of giant sequoia groves that—
identifies giant sequoia groves in need of reforestation or rehabilitation, giving highest priority to groves identified under section 5(a)(1)(A)(i);
creates a priority list of reforestation and rehabilitation activities;
identifies and addresses—
barriers to reforestation or rehabilitation, including—
regulatory and funding barriers;
seedling shortages or related nursery infrastructure capacity constraints;
labor and workforce shortages;
technology and science gaps; and
site preparation challenges;
potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects;
a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 3; and
strategies to ensure genetic diversity across giant sequoia groves; and
includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy.
Assessment— The Secretary may incorporate the Strategy into the Assessment under section 5.
Priority reforestation projects amendment— Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended—
in item (bb), by striking “and”;
in item (cc), by striking the period and inserting “; and”; and
by adding at the end the following:
“(dd) shall include reforestation and rehabilitation activities conducted under section 7 of the Save Our Sequoias Act.”
Sec. 8 Giant sequoia strike teams
Giant sequoia strike teams—
Establishment— The Secretary concerned shall each establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of—
primarily, section 6; and
secondarily, section 7.
Duties— Each Strike Team shall—
assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consultations under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act), and consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity;
implement Protection Projects under section 6; and
implement reforestation or rehabilitation activities under section 7.
Members— The Secretary concerned may appoint no more than 10 individuals each to serve on a Strike Team comprised of—
employees of the Department of the Interior;
employees of the Forest Service;
private contractors from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization; and
volunteers from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization.
Sec. 9 Giant sequoia collaborative restoration grants
In general— The Secretary, in consultation with the parties to the agreement under section 3, shall establish a program or expand an existing program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency.
Eligible entity— The Secretary may award grants under this section to any nonprofit organization, Tribal Government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency.
Priority— In awarding grants under this section, the Secretary shall give priority to eligible entities that—
primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and
secondarily—
are small businesses or Tribal entities, particularly in rural areas; and
create or support jobs, particularly in rural areas.
Use of grant funds— Funds from grants awarded under this section shall be used to—
create, expand, or develop markets for hazardous fuels removed under section 6, including markets for biomass and biochar;
facilitate hazardous fuel removal under section 6, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project;
expand, enhance, develop, or create facilities or land that can store or process hazardous fuels removed under section 6;
establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 7; or
support Tribal management and conservation of giant sequoias, including funding for Tribal historic preservation officers.
Sec. 10 Giant sequoia insect monitoring and technology
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall—
develop and implement a strategy for monitoring insects in giant sequoia groves with a high-risk or previous history of insect infestations; and
seek to enter into public-private partnerships to deploy technology to assist in the short-term and long-term monitoring of giant sequoia groves with current or potential insect infestations.
Report— Not later than 2 years after the date of enactment of this Act, the Secretary concerned shall submit a report to the relevant Congressional Committees that contains—
the strategy required under subsection (a)(1);
an update on the effectiveness of the monitoring program in preventing or addressing insect infestations in giant sequoia groves; and
program and policy recommendations to further address—
research gaps regarding giant sequoia resiliency to insects; and
opportunities to improve the resiliency of giant sequoias to insects.
Sec. 11 Stewardship contracting for giant sequoias
National park service— Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended—
by amending subsection (a)(2) to read as follows:
“(2) Director—The term Director means the Director of the Bureau of Land Management with respect to Bureau of Land Management lands and the Director of the National Park Service with respect to lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park.”
in subsection (b), by striking “national forests and the public lands” and inserting “national forests, public lands, and lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park”.
Giant sequoia stewardship contracts— Section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended by adding at the end the following:
“(8) Promoting the health and resiliency of giant sequoias.”
Stewardship contracting in certain national parks— Stewardship contracting projects occurring in Kings Canyon National Park, Sequoia National Park, and Yosemite National Park shall be carried out in accordance with the laws (including regulations) applicable to the National Park Service, including section 100753 of title 54, United States Code.
Sec. 12 Giant sequoia emergency protection program and fund
In general— Chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
“101123. Giant Sequoia Emergency Protection Program and Fund
“(a) Giant sequoia emergency protection program—The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America’s Public Lands, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit—
“(1) primarily, the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
“(2) secondarily, the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
“(b) Giant sequoia emergency protection fund
“(1) In general—The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America’s Public Lands, shall establish a joint special account to be known as the Giant Sequoia Emergency Protection Fund (referred to in this section as “the Fund”), to be administered in support of the program established under subsection (a).
“(2) Funds for giant sequoia emergency protection—The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation, National Forest Foundation, or Foundation for America’s Public Lands for the purpose described in paragraph (1).
“(3) Use of funds—Funds shall be available to the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands without further appropriation, subject to the provisions in paragraph (4), for projects and activities approved by the Director of the National Park Service, Chief of the Forest Service, or Director of the Bureau of Land Management as appropriate, or their designees, to—
“(A) primarily, support the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
“(B) secondarily, support the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
“(4) Tribal support—Of the funds provided to the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands under paragraph (3), not less than 15 percent of such funds shall be used to support Tribal management and conservation of giant sequoias including funding for Tribal historic preservation officers.
“(c) Summary—Beginning 1 year after the date of the enactment of this Act, the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands shall include with their annual reports a summary of the status of the program and Fund created under this section that includes—
“(1) a statement of the amounts deposited in the Fund during the fiscal year;
“(2) the amount of the balance remaining in the Fund at the end of the fiscal year; and
“(3) a description of the program and projects funded during the fiscal year.
“(d) Definitions—In this section, the terms covered public lands and covered National Forest System lands have the meaning given such terms in section 2 of the Save Our Sequoias Act.
“(e) Termination of effectiveness—The authority provided by this section shall terminate 7 years after the date of enactment of the Save Our Sequoias Act.”
Conforming amendment— The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following: