[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8790 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 8790
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 12, 2024
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To expedite under the National Environmental Policy Act of 1969 and
improve forest management activities on National Forest System lands,
on public lands under the jurisdiction of the Bureau of Land
Management, and on Tribal lands to return resilience to overgrown,
fire-prone forested lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Our Forests
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High Priority
Firesheds
Sec. 101. Designation of fireshed management areas.
Sec. 102. Fireshed center.
Sec. 103. Fireshed registry.
Sec. 104. Shared stewardship.
Sec. 105. Fireshed assessments.
Sec. 106. Emergency fireshed management.
Sec. 107. Sunset.
Subtitle B--Expanding Collaborative Tools to Reduce Wildfire Risk and
Improve Forest Health
Sec. 111. Modification of the treatment of certain revenue and payments
under good neighbor agreements.
Sec. 112. Fixing stewardship end result contracting.
Sec. 113. Intra-agency strike teams.
Sec. 114. Locally-led restoration.
Sec. 115. Joint Chiefs landscape restoration partnership program.
Sec. 116. Collaborative forest landscape restoration program.
Sec. 117. Utilizing grazing for wildfire risk reduction.
Sec. 118. Program to support priority reforestation and restoration
projects of Department of the Interior.
Subtitle C--Litigation Reform
Sec. 121. Commonsense litigation reform.
Sec. 122. Consultation on forest plans.
TITLE II--PROTECTING COMMUNITIES IN THE WILDLAND-URBAN INTERFACE
Sec. 201. Community wildfire risk reduction program.
Sec. 202. Community wildfire defense research program.
Sec. 203. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights-of-way.
Sec. 204. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 205. Seeds of success.
TITLE III--TRANSPARENCY AND TECHNOLOGY
Sec. 301. Biochar innovations and opportunities for conservation,
health, and advancements in research.
Sec. 302. Accurate hazardous fuels reduction reports.
Sec. 303. Public-private wildfire technology deployment and
demonstration partnership.
Sec. 304. GAO study on Forest Service policies.
Sec. 305. Forest Service Western headquarters study.
Sec. 306. Keeping forest plans current and monitored.
Sec. 307. Container Aerial Firefighting System (CAFFS).
Sec. 308. Study on pine beetle infestation.
TITLE IV--ENSURING CASUALTY ASSISTANCE FOR OUR FIREFIGHTERS
Sec. 401. Wildland Fire Management Casualty Assistance Program.
TITLE V--WHITE OAK RESILIENCE
Sec. 501. White Oak Restoration Initiative Coalition.
Sec. 502. Forest Service pilot program.
Sec. 503. Department of the Interior white oak review and restoration.
Sec. 504. White oak regeneration and upland oak habitat.
Sec. 505. Tree nursery shortages.
Sec. 506. White oak research.
Sec. 507. USDA formal initiative.
Sec. 508. Authorities.
TITLE VI--EXPANSION OF PUBLIC-PRIVATE PARTNERSHIPS UNDER WATER SOURCE
PROTECTION PROGRAM
Sec. 601. Water source protection program.
Sec. 602. Watershed condition framework technical corrections.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Fireshed Center appointed under section 102.
(2) Fireshed.--The term ``fireshed'' means a landscape-
scale area that faces similar wildfire threat where a response
strategy could influence the wildfire outcome.
(3) Fireshed management project.--The term ``fireshed
management project'' means a project under section 106.
(4) Fireshed registry.--The term ``Fireshed Registry''
means the fireshed registry established under section 103.
(5) Forest plan.--The term ``forest plan'' means--
(A) 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);
(B) 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
(C) 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.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State
or Indian Tribe or the Commonwealth of Puerto Rico.
(7) 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.
(8) 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).
(9) Indian forest land or rangeland.--The term ``Indian
forest land or rangeland'' means land that--
(A) 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
(B)(i)(I) is Indian forest land (as defined in
section 304 of the National Indian Forest Resources
Management Act (25 U.S.C. 3103)); or
(II) has a cover of grasses, brush,
or any similar vegetation; or
(ii) formerly had a forest cover or
vegetative cover that is capable of
restoration.
(10) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(11) National forest system lands.--The term ``National
Forest System lands'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1609).
(12) 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.
(13) Relevant congressional committees.--The term
``relevant Congressional Committees'' means--
(A) the Committees on Natural Resources and
Agriculture of the House of Representatives; and
(B) the Committees on Energy and Natural Resources
and Agriculture, Nutrition, and Forestry of the Senate.
(14) 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.
(15) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(17) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
(18) Special district.--The term ``special district'' means
a political subdivision of a State that--
(A) has significant budgetary autonomy or control;
(B) was created by or pursuant to the laws of the
State for the purpose of performing a limited and
specific governmental or proprietary function; and
(C) is distinct from any other local government
unit within the State.
(19) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
TITLE I--LANDSCAPE-SCALE RESTORATION
Subtitle A--Addressing Emergency Wildfire Risks in High Priority
Firesheds
SEC. 101. DESIGNATION OF FIRESHED MANAGEMENT AREAS.
(a) Designation of Fireshed Management Areas.--
(1) 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--
(A) 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;
(B) 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--
(i) wildfire exposure and corresponding
risk to communities, including risk to
structures and life;
(ii) wildfire exposure and corresponding
risk to municipal watersheds, including tribal
water supplies and systems; and
(iii) risk of forest conversion due to
wildfire;
(C) shall not overlap with any other fireshed
management areas;
(D) may contain Federal and non-Federal land,
including Indian forest lands or rangelands; and
(E) where the Secretary concerned shall carry out
fireshed management projects.
(2) Further fireshed management area designations.--
(A) 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.
(B) 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 of wildfire exposure based on the criteria
specified in subparagraphs (B), (C), (D), and (E) of
paragraph (1).
(b) Applicability of 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.
(a) Establishment.--
(1) In general.--The Secretary, acting through the Chief of
the Forest Service, and the Secretary of the Interior, acting
through the Director of the U.S. Geological Survey, shall
jointly establish a Fireshed Center (hereinafter referred to as
the ``Center'') comprised of at least one career representative
from each of the following:
(A) The Forest Service.
(B) The Bureau of Land Management.
(C) The National Park Service.
(D) The Bureau of Indian Affairs.
(E) The U.S. Fish and Wildlife Service.
(F) The U.S. Geological Survey.
(G) The Department of Defense.
(H) The Department of Homeland Security.
(I) The Department of Energy.
(J) The Federal Emergency Management Agency.
(K) The National Science Foundation.
(L) The National Oceanic and Atmospheric
Administration.
(M) The National Aeronautics and Space
Administration.
(N) The National Institute of Standards and
Technology.
(2) Director.--The Secretary, acting through the Chief of
the Forest Service, and the Secretary of the Interior, acting
through the Director of the U.S. Geological Survey, shall
jointly appoint a Director of the Center, who--
(A) shall be an employee of the U.S. Geological
Survey or the Forest Service;
(B) shall serve an initial term of not more than 7
years; and
(C) may serve one additional term of not more than
7 years after the initial term described in
subparagraph (B).
(3) 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.
(b) Purposes.--The purposes of the Center are to--
(1) comprehensively assess and predict, using data tools
(including artificial intelligence) and other decision support
products, fire and smoke in the wildland and built environment
interface across jurisdictions to inform--
(A) land and fuels management;
(B) community (including at-risk communities
identified in fireshed assessments conducted under
section 105), public health, and built environment risk
reduction; and
(C) fire response and post-fire recovery;
(2) provide data aggregation, real-time land and fuels
management services, and science-based decision support
services;
(3) reduce fragmentation and duplication across Federal
land management agencies with respect to predictive service and
decision support functions related to wildland fire and smoke;
(4) promote coordination and sharing of data regarding
wildland fire and smoke decision making between Federal
agencies, States, Indian Tribes, local governments, academic or
research institutions, and private entities;
(5) streamline procurement processes and cybersecurity
systems related to addressing wildland fire and smoke;
(6) amplify and distribute existing, and develop as
necessary, publicly accessible data, models, technologies
(including mapping technologies), assessments, and National
Weather Service fire weather forecasts to support short- and
long-term planning regarding wildland fire and smoke risk
reduction and post-fire recovery while avoiding duplicative
efforts;
(7) maintain the Fireshed Registry established under
section 103; and
(8) disseminate data tools (including artificial
intelligence) and other decision support products, for use in
manners consistent with the purposes described paragraphs (1)
through (7), to the following:
(A) Federal agencies.
(B) Indian Tribes.
(C) State and local governments.
(D) Academic or research institutions.
(E) Other entities, public or private, identified
by the Director.
(c) Memoranda of Understanding.--The Center may enter into
memorandums of understanding, contracts, or other agreements with State
governments, Indian Tribes, local governments, academic or research
institutions, and private entities to improve the information and
operations of the Center.
(d) Administrative Support, Technical Services, and Staff
Support.--
(1) 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.
(2) 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.
(a) 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--
(1) wildfire exposure delinea