[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 140 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 140 To address the forest health crisis on the National Forest System and public lands, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 16, 2025 Mr. Barrasso (for himself, Mr. Daines, Ms. Lummis, Mr. Sheehy, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To address the forest health crisis on the National Forest System and public 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 ``Wildfire Prevention Act of 2025''. (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--ACCOMPLISHMENTS OVER RHETORIC Sec. 101. Accelerating treatments on Federal land. Sec. 102. Annual reports. Sec. 103. Transparency in hazardous fuels reduction activity reporting. Sec. 104. Regional forest carbon accounting. Sec. 105. Wildland fire performance metrics. TITLE II--FOREST MANAGEMENT Sec. 201. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way. Sec. 202. Timber sales on National Forest System land. Sec. 203. Categorical exclusion for high-priority hazard trees. Sec. 204. Intervenor status. Sec. 205. Utilizing grazing for wildfire risk reduction. TITLE III--CULTURAL CHANGE IN AGENCIES Sec. 301. Mandatory use of existing authorities. Sec. 302. Public-private wildfire technology deployment and testbed partnership. Sec. 303. Repeal of FLAME reports. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System; and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Hazardous fuels reduction activity.-- (A) In general.--The term ``hazardous fuels reduction activity'' means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments and prescribed burning. (B) Exclusion.--The term ``hazardous fuels reduction activity'' does not include the awarding of a contract to conduct any activity described in subparagraph (A). (3) National forest system.-- (A) In general.--The term ``National Forest System'' 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(a)). (B) Exclusion.--The term ``National Forest System'' does not include any forest reserve not created from the public domain. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land described in paragraph (1)(A); and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to Federal land described in paragraph (1)(B). (5) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). TITLE I--ACCOMPLISHMENTS OVER RHETORIC SEC. 101. ACCELERATING TREATMENTS ON FEDERAL LAND. (a) Baseline Treatments for Fuels Reduction and Forest Health.--For Federal land, the Secretary concerned shall determine-- (1) for each of fiscal years 2019 through 2023-- (A) the number of acres mechanically thinned, for acres commercially thinned and for acres pre- commercially thinned; and (B) the number of acres treated by prescribed fire; and (2) the average of the numbers described in subparagraphs (A) and (B) of paragraph (1) over the period of fiscal years 2019 through 2023. (b) Annual Goals.-- (1) In general.--For Federal land for fiscal year 2025 and each fiscal year thereafter, the Secretary concerned shall establish annual-- (A) mechanical thinning goals for acres commercially thinned and for acres pre-commercially thinned; and (B) prescribed fire goals. (2) Requirements.-- (A) Fiscal years 2025 and 2026.--For each of fiscal years 2025 and 2026, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than the number of acres described in subsection (a)(2). (B) Fiscal years 2027 and 2028.--For each of fiscal years 2027 and 2028, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 20 percent more than the number of acres described in subsection (a)(2). (C) Fiscal year 2029 and subsequent fiscal years.-- For fiscal year 2029 and each fiscal year thereafter, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 40 percent more than the number of acres described in subsection (a)(2). (c) Regional Allotments.--Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall assign annual acreage allotments for mechanical thinning and prescribed fire on Federal land, categorized by National Forest System region or by State, as appropriate. (d) Publication.--The Secretary concerned shall make publicly available the data described in subsections (a), (b), and (c), including by publishing that data on the website of the Forest Service and the website of the Bureau of Land Management. (e) Savings Provision.--Nothing in this section shall be construed to supersede or conflict with any other provision of law, including-- (1) section 40803(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(b)); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). (f) Applicability of NEPA.--The establishment of annual goals under subsection (b)(1) and the assignment of regional allotments under subsection (c) shall not be subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 102. ANNUAL REPORTS. Not later than September 30, 2025, and annually thereafter, the Secretary concerned shall publish on a public website of the Forest Service and a public website of the Bureau of Land Management the following information with respect to the Federal land during the preceding fiscal year: (1) The number of acres treated pursuant to section 40803(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(b)). (2)(A) The number of acres mechanically thinned; (B) the number of acres treated by prescribed fire; and (C) whether the number of acres described in subparagraphs (A) and (B) met or exceeded the acres described in section 101(b)(2). (3) Any limitations or challenges, including litigation or delays in the preparation of environmental documentation, that hindered the Secretary concerned from meeting or exceeding the annual goals established under section 101(b)(1), if applicable. (4) The number of acres that have undergone a regeneration harvest. (5) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that are in an area identified as having-- (A) the expectation that, without remediation, at least 25 percent of standing live basal area greater than 1 inch in diameter may die over a 15-year time frame due to insects and diseases, as depicted on the National Insect and Disease Composite Risk Map; or (B) a very high or high wildfire hazard potential. (6) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that use either of the following streamlined authorities for environmental review: (A) A categorical exclusion. (B) An emergency action authority of the Secretary concerned. (7) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) with respect to which partners are used to carry out the work through-- (A) a good neighbor agreement under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); (B) a master stewardship agreement; (C) a contract or agreement entered into under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); or (D) a stewardship end-result contract. SEC. 103. TRANSPARENCY IN HAZARDOUS FUELS REDUCTION ACTIVITY REPORTING. (a) Inclusion of Hazardous Fuels Reduction Report in Materials Submitted in Support of the President's Budget.-- (1) In general.--The Secretary concerned shall include in the materials submitted in support of the President's budget pursuant to section 1105 of title 31, United States Code, a report describing-- (A) for each of fiscal years 2025 through 2030, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using-- (i) the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and (ii) the methodology described in paragraph (2); and (B) for fiscal year 2031 and each fiscal year thereafter, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using the methodology described in paragraph (2). (2) Requirements.--For purposes of the reports required under paragraph (1), the Secretary concerned shall-- (A) in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each fiscal year covered by the report-- (i) record acres of Federal land on which hazardous fuels reduction activities were completed during each such fiscal year; and (ii) record each acre described in clause (i) once in the report with respect to a fiscal year, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such fiscal year; and (B) with respect to the acres of Federal land recorded in the report, include information on-- (i) which such acres are located in the wildland-urban interface; (ii) the level of wildfire risk (high, moderate, or low) on the first and last day of each fiscal year covered by the report; (iii) the types of hazardous fuels reduction activities completed for such acres, delineating between whether such activities were conducted-- (I) in a wildfire managed for resource benefits; or (II) through a planned project; (iv) the cost per acre of hazardous fuels reduction activities carried out during each fiscal year covered by the report; (v) the region or System unit in which the acres are located; and (vi) the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire. (3) Transparency.--The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture and the Department of the Interior, as applicable. (b) Accurate Data Collection.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data relating to hazardous fuels reduction activities carried out by the Secretary concerned. (2) Elements.--The standardized procedures required under paragraph (1) shall include-- (A) regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities; (B) verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned; (C) an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and (D) for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface. (3) Report.--Not later than 14 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes-- (A) such standardized procedures; and (B) program and policy recommendations to Congress to address any limitations in tracking data relating to hazardous fuels reduction activities under this subsection. SEC. 104. REGIONAL FOREST CARBON ACCOUNTING. Not later than September 30, 2025, and every 3 years thereafter, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall-- (1) using data from the forest inventory and analysis program, determine the net forest carbon balance on the land in the National Forest System of each Forest Service region, including whether the National Forest System land is-- (A) a carbon source; or (B) a carbon sink; and (2) publish the information described in paragraph (1) on the website of the Forest Service. SEC. 105. WILDLAND FIRE PERFORMANCE METRICS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall submit to the committees of Congress described in subsection (c) a report on existing key performance indicators and potential outcome-based performance measures to reduce wildfire risk on Federal land. (b) Inclusions.--The report submitted under subsection (a) shall identify solutions to track the implementation and effectiveness of hazardous fuels reduction activities and forest restoration treatments, including strategies-- (1) to track whether land management activities are reducing wildfire hazards and ways to quantify and track acres in maintenance status; (2) to track place-based and locally led outcomes; (3) to standardize national-level monitoring measures; (4) to quantify catastrophic wildfire risk reduction; (5) to identify modeling and data challenges that are preventing the transition to annual wildfire risk mapping updates; and (6) to integrate advanced technologies or a combination of technologies and analyses that will benefit the quality of information reported. (c) Committees of Congress Described.--The committees of Congress referred to in subsection (a) are-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Agriculture of the House of Representatives. TITLE II--FOREST MANAGEMENT SEC. 201. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS-OF-WAY. (a) Hazard Trees Within 50 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 ``50''. (b) Permits and Agreements With Owners and Operators of Electric Transmission or Distribution Facilities.--Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended-- (1) in the section heading, by striking ``managment'' and inserting ``management''; (2) by redesignating subsections (j) and (k)