[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)