[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4628 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4628
To improve wildfire mitigation, management, and recovery, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Kelly (for himself and Mr. Romney) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To improve wildfire mitigation, management, and recovery, 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.
This Act may be cited as the ``Enhancing Mitigation and Building
Effective Resilience Act'' or the ``EMBER Act''.
SEC. 2. WILDFIRE MITIGATION, MANAGEMENT, AND RECOVERY.
(a) State, Local, and Tribal Matching Funds Waiver and Reduction
Authority.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, or the Administrator of the Federal
Emergency Management Agency Administrator (referred to in this
Act as the ``FEMA Administrator'') may reduce or waive
applicant matching or cost-sharing requirements applicable to
funds provided by the Secretary of Agriculture, the Secretary
of the Interior, or the FEMA Administrator, respectively, to a
State, Indian Tribe, county, municipality, or other unit of
local government for--
(A) planning or implementing a wildfire mitigation
or management project to reduce the risk of wildfire;
(B) preparing a needs assessment in preparation for
post-wildfire cascading impacts before a wildfire
occurs; or
(C) planning or implementing post-wildfire recovery
projects on land in the State, county, municipality, or
other unit of local government or on land of the Indian
Tribe.
(2) Limitation.--The amount that the Secretary of
Agriculture, the Secretary of the Interior, or the FEMA
Administrator, as applicable, may reduce or waive under
paragraph (1) shall not exceed the amount that the applicable
State, Indian Tribe, county, municipality, or other unit of
local government expended on the activities described in that
paragraph.
(3) Inclusions.--Amounts described in paragraph (2) may
include amounts used for activities described in paragraph (1)
that were collected by a State, Indian Tribe, county,
municipality, or other unit of local government from--
(A) the sale of bonds;
(B) sales taxes, property taxes, income taxes, or
other tax revenue sources;
(C) the pooling of contributions from customers of
a quasi-governmental utility; or
(D) conservation finance agreements.
(b) Wood Processing Inventory.--
(1) Definition of secretary.--In this subsection, the term
``Secretary'' means the Secretary of Agriculture, in
coordination with the Secretary of the Interior.
(2) Inventory, studies, and report.--The Secretary shall--
(A) conduct an inventory of wood processing
facilities, including sawmills and biomass utilization
facilities, in each region of the United States, as
determined by the Secretary;
(B) conduct additional economic studies, workforce
studies, and biomass feasibility studies to better
understand solutions to the development and
redevelopment of regional wood products markets, as the
Secretary determines to be appropriate;
(C) identify each region described in subparagraph
(A) that--
(i) is at high risk of wildfire, as
determined by the Secretary; and
(ii) does not have a wood processing
facility or needs additional wood processing
infrastructure or capacity; and
(D) submit a report describing the inventory,
studies, and regions described in subparagraphs (A),
(B), and (C), respectively, to the relevant committees
of Congress, including--
(i) the Committee on Energy and Natural
Resources of the Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate;
(iv) the Committee on Appropriations of the
Senate;
(v) the Committee on Natural Resources of
the House of Representatives;
(vi) the Committee on Homeland Security of
the House of Representatives;
(vii) the Committee on Science, Space, and
Technology of the House of Representatives; and
(viii) the Committee on Appropriations of
the House of Representatives; and
(E) made the report described in subparagraph (D)
publicly available on the website of the Department of
Agriculture.
(c) Land-for-Wood Processing Program.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly establish a program
under which the Secretary of Agriculture and the Secretary of
the Interior shall authorize Federal land under the
jurisdiction of the Secretary of Agriculture or the Secretary
of the Interior for the purpose described in paragraph (2).
(2) Use.--Land authorized under paragraph (1) shall be used
for 1 or more wood processing facilities, including sawmills
and biomass utilization facilities, in each region identified
under subsection (b)(2)(C) that is included in the report
submitted under subsection (b)(2)(D).
(d) Small Business Support.--The Secretary of the Interior shall
enter into cost-share agreements with, and provide technical assistance
to, States, Indian Tribes, counties, and municipalities to support
small businesses, as determined by the Secretary of the Interior, that
utilize biomass that is a byproduct of wildfire risk reduction and
forest restoration activities.
(e) Renewable Fuel Standard Program.--
(1) Renewable identification numbers required.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall--
(A) incorporate into, and establish pathways for
credit under, the Renewable Fuel Program under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)) for
sustainable aviation fuel, renewable natural gas,
hydrogen, biodiesel, and all other biofuels with the
potential to be commercially viable in the 10-year
period beginning on the date of enactment of this Act
that are made from biomass derived from wildfire risk
reduction and forest restoration activities on public
and private lands; and
(B) provide renewable identification numbers for
the products described in subparagraph (A).
(2) Forest biomass as renewable biomass.--Section
211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is
amended--
(A) by striking clauses (iv) and (v) and inserting
the following:
``(iv) Forest biomass, regardless of
whether the biomass is sourced from public or
private land, which may include--
``(I) slash;
``(II) pre-commercial thinnings;
``(III) plantation materials and
residues;
``(IV) biomass obtained from areas
at risk of wildfire;
``(V) sawmill and forest products
manufacturing residues; and
``(VI) any other uncontaminated
byproduct of forest management and
forest products manufacturing.''; and
(B) by redesignating clauses (vi) and (vii) as
clauses (v) and (vi), respectively.
(f) Program Alignment.--The Secretary of Agriculture shall direct
the Under Secretary for Rural Development and the Chief of the Forest
Service to coordinate with each other for the purpose of supporting
investments in sawmills and biomass utilization facilities in areas
that have the greatest need for wildfire risk reduction.
(g) Biomass Utilization.--The Secretary of Agriculture and the
Secretary of Energy shall cooperate to support--
(1) research relating to biomass utilization methods; and
(2) large-scale forest biomass utilization research,
including the development of, and support for, pilot projects
that promote the utilization and commercialization of biomass
as a byproduct of wildfire risk reduction and forest
restoration activities.
(h) Grazing.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall manage fine fuels and shrubs on
Federal land under the jurisdiction of the Secretary of
Agriculture or the Secretary of the Interior, respectively,
through the expanded use of flexible, targeted grazing that--
(A) aligns with wildfire impact reduction
objectives and desired environmental conditions and
landscape goals in the ecological system in which the
grazing is conducted; and
(B) complies with other obligations, including
requirements applicable to congressionally designated
wilderness areas.
(2) Department of the interior nonrenewable grazing permits
and leases.--The Secretary of the Interior shall--
(A) direct the use of nonrenewable grazing permits
and leases described in section 4130.6-2 of title 43,
Code of Federal Regulations (or successor regulations),
to reduce fine fuel loads and the risk of catastrophic
wildfire where and when such use is ecologically
appropriate;
(B) direct the use of cooperative agreements
described in section 29.2 of title 50, Code of Federal
Regulations (or successor regulations); and
(C) identify and deploy technologies such as remote
sensing and virtual fencing to expedite, simplify, and
encourage the use of nonrenewable grazing permits and
leases referred to in subparagraph (A) to reduce fine
fuel loads.
(3) Forest service temporary grazing permits.--The
Secretary of Agriculture shall--
(A) direct the issuance of temporary grazing
permits under part 222 of title 36, Code of Federal
Regulations (or successor regulations, to permittees
under that part for the purpose of grazing to reduce
fine fuel loads and the risk of catastrophic wildfire
where and when such issuance is ecologically
appropriate; and
(B) identify and deploy technologies such as remote
sensing and virtual fencing to expedite, simplify, and
encourage the use of temporary permits referred to in
subparagraph (A) to reduce fine fuel loads.
(i) Workforce Needs Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security shall jointly prepare and submit to Congress a report
describing--
(A) needs in the Federal workforce relating to a
more comprehensive approach to wildfire management,
including pre-fire mitigation and post-fire recovery in
the built and natural environments;
(B) positions needed to more effectively partner
with and enable the utilization of State, Tribal, and
local capacity; and
(C) challenges with contract and agreement
mechanisms, including recommendations to reduce
staffing and cost burdens relating to State, Tribal,
and local use of contracts and agreements.
(2) Consultation.--In identifying the positions needed to
partner with States, Indian Tribes, and units of local
government under paragraph (1)(B), the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Homeland Security shall consult with--
(A) representative organizations of those entities,
such as the National Governors Association, the
National Association of State Foresters, the National
Association of Counties, the National League of Cities,
and the National Congress of American Indians; and
(B) representatives of community nongovernmental
organizations and other relevant partners, including
local utility providers, public safety personnel, fire
service representatives, and emergency managers,
including State hazard mitigation officers.
(j) Incident Recovery.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security, acting through the FEMA Administrator, shall jointly
develop policies and guidance for post-fire incident recovery,
specifically relating to the transition between wildfire
response and the wildfire recovery period.
(2) Inclusions.--The policies and guidance developed under
paragraph (1) shall--
(A) identify areas for coordination between Federal
agencies;
(B) support consistent implementation of incident
response and recovery policies across landscapes; and
(C) provide a pathway with defined timeframes and
areas of Federal responsibility for the transition
between wildfire operations and locally led recovery
efforts.
(3) Updates and review.--Not later than 1 year after the
date of enactment of this Act, the FEMA Administrator shall--
(A) update the Public Assistance Program and Policy
Guide of the Federal Emergency Management Agency to
include guidance on wildfire-specific recovery
challenges, including debris removal, emergency
protective measures, and toxicity of drinking water
resources resulting from wildfire;
(B) conduct a review of the criteria for evaluating
the cost-effectiveness of projects intended to mitigate
the impacts of wildfire under sections 203 and 404 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133; 5170c), including--
(i) the establishment of pre-calculated
benefits criterion for common defensible space
mitigation projects for wildfire mitigation;
(ii) the use of nature-based infrastructure
in wildfire mitigation;
(iii) considerations for vegetation
management for wildfire mitigation;
(iv) reducing the negative effects of
wildfire smoke on public health; and
(v) lessening the impact of wildfires on
water infrastructure; and
(C) issue such guidance as is necessary to--
(i) update criteria described in
subparagraph (B), based on the results of the
review conducted under that subparagraph; and
(ii) prioritize projects under sections 203
and 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5133; 5170c) based on the criteria updated
under clause (i).
(k) Emergency Watershed Protection Program Cross-Boundary
Funding.--Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C.
2203) is amended by adding at the end the following:
``(c) Cross-Boundary Funding.--The Secretary may undertake
emergency watershed protection measures under this section across
boundaries between Federal land (including land managed by different
Federal agencies), State land, and private land for the purpose of
protecting lives, property, or resources at risk as a result of the
applicable impairment described in subsection (a).''.
(l) Funding to Water Entities.--
(1) Definition of covered agency.--In this subsection, the
term ``covered agency'' means--
(A) the Environmental Protection Agency;
(B) the Department of Housing and Urban
Development;
(C) the Department of Agriculture;
(D) the Federal Emergency Management Agency; and
(E) the Department of the Interior.
(2) Requirement.--After a wildfire has occurred, as
determined by the head of the applicable covered agency, the
head of the covered agency shall expedite to less than 90 days
after the wildfire occurred the provision of grants under grant
programs carried out by the covered agency, for the purpose of
maintaining drinking water delivery in the area in which the
wildfire occurred, for--
(A) drinking water collection and delivery
restoration and repair;