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H.R. 10061 · House bill · 119th Congress
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(a) Short title.— This Act may be cited as the “Wildfire Response and Readiness Act”.
(b) Table of contents.— The table of contents for this Act is as follows:
In this title:
(1) Congressional committees.— The term congressional committees means—
(A) the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and
(B) the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives.
(2) Federal land.— The term Federal land means—
(A) land under the jurisdiction of the Secretary of the Interior; and
(B) National Forest System land.
(3) Indian Tribe.— The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Landscape-scale prescribed fire plan.— The term landscape-scale prescribed fire plan means a decision document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that—
(A) covers a unit of the National Forest System, a Bureau of Land Management district, or a subunit of such a unit or district;
(B) analyzes the site-specific environmental consequences of prescribed fire on land described in subparagraph (A); and
(C) obviates the need for subsequent decisions pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the unit, district, or subunit described in subparagraph (A).
(5) 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) Exclusions.— The term National Forest System does not include the national grasslands or land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
(6) Prescribed fire.— The term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state—
(A) under specified environmental conditions that are intended to allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives; and
(B) in accordance with applicable law (including regulations).
(7) Secretaries.— The term Secretaries means—
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture.
(8) Secretary concerned.— The term Secretary concerned means—
(A) the Secretary of the Interior, in the case of land under the jurisdiction of the Secretary of the Interior; and
(B) the Secretary of Agriculture, in the case of land under the jurisdiction of the Secretary of Agriculture.
In this subtitle, the term prescribed fire has the meaning given the term in section 11001, except that in this subtitle the term does not include a fire that is ignited for the primary purpose of pile burning.
(a) Funding flexibility.—
(1) Department of agriculture.— The Secretary of Agriculture may use not more than 15 percent of funds appropriated for each fiscal year for hazardous fuels management in the National Forest System for activities described in subsection (b).
(2) Department of the interior.— The Secretary of the Interior may use not more than 15 percent of funds appropriated for each fiscal year for hazardous fuels management and post-fire activities in the account for wildland fire management of the Department of the Interior for activities described in subsection (b).
(b) Description of activities.— The activities referred to in subsection (a) are—
(1) with respect to prescribed fires on Federal land, or on non-Federal land if the Secretary concerned determines that such activities would benefit resources on Federal land—
(A) entering into procurement contracts or cooperative agreements for prescribed fire activities;
(B) issuing grants to a State, Tribal Government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the implementation of prescribed fires, including—
(i) carrying out necessary environmental reviews;
(ii) carrying out any site preparation necessary for implementing prescribed fires; and
(iii) conducting any required pre-ignition cultural or environmental surveys; and
(C) conducting outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners;
(2) implementing prescribed fires on non-Federal land, if the Secretary concerned determines that the prescribed fire would benefit Federal land, including—
(A) carrying out necessary environmental reviews;
(B) carrying out any site preparation necessary for implementing prescribed fires; and
(C) conducting any required pre-ignition cultural and environmental surveys;
(3) providing to Federal employees and cooperators training for prescribed fire and basic smoke management practices;
(4) conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management;
(5) providing technical or financial assistance to a State, Tribal Government, local government, prescribed fire council, prescribed burn association, or nonprofit organization for the purpose of providing training for prescribed fire or basic smoke management practices, consistent with any standards developed by the National Wildfire Coordinating Group or State prescribed fire standards; and
(6) providing funding for the applicable Collaborative Prescribed Fire Program established under section 11104.
(c) Prioritization.—
(1) In general.— Subject to paragraph (2), the Secretary concerned shall coordinate with the other Secretary concerned, State and local government agencies, Indian Tribes, and applicable nongovernmental organizations to establish prioritization criteria for expending amounts pursuant to subsection (a) for activities described in paragraphs (2), (5), and (6) of subsection (b).
(2) Requirement.— In establishing criteria under paragraph (1), the Secretary concerned shall give priority to a project that is—
(A) implemented across a large contiguous area;
(B) cross-boundary in nature;
(C) in an area that is—
(i) within or adjacent to the wildland-urban interface and identified as a priority area in a statewide forest action plan or Community Wildfire Protection Plan; or
(ii) identified as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe;
(D) on land that is at high or very high risk of experiencing a wildfire that would be difficult to suppress;
(E) in an area that is designated as critical habitat and in need of ecological restoration or enhancement that can be achieved with the aid of prescribed fire; or
(F) supportive of potential operational delineations or strategic response zones.
(a) Increasing prescribed fire.— Beginning with the first fiscal year that begins after the date of enactment of this Act, and for each of the 9 fiscal years thereafter, the Secretaries shall conduct prescribed fires on Federal land such that the total acreage of Federal land on which prescribed fires are conducted is 10 percent greater than the total acreage of all Federal land on which prescribed fires were conducted during the preceding fiscal year.
(b) Operational strategy.— The Secretary concerned shall develop, in coordination with State, local, and Tribal governments, a prescribed fire operational strategy for each region of the National Forest System or the Department of the Interior, as applicable, that describes—
(1) the fire deficit by region; and
(2) staffing and funding needs to address the fire deficit under paragraph (1).
(a) In general.— The Secretary concerned, in coordination with the other Secretary concerned, shall establish a Collaborative Prescribed Fire Program (referred to in this section as the “program”) to select and fund prescribed fire projects (each of which is referred to in this section as a “project”) in accordance with—
(1) the prioritization criteria established under section 11102(c);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(4) the applicable land use or land management plan; and
(5) any other applicable law.
(b) Eligibility criteria.— To be eligible for nomination under subsection (c), a proposal for a project shall—
(1) be consistent with a landscape restoration strategy—
(A) that is complete or substantially complete;
(B) that identifies and prioritizes prescribed fire treatments for a 10-year period within a landscape that is—
(i) not less than 50,000 acres;
(ii) composed primarily of forested Federal land under the jurisdiction of the Secretary concerned, but may also include other Federal, State, Tribal, or private land, if a treatment on that land would benefit the applicable Federal land; and
(iii) in need of—
(I) active ecosystem restoration; or
(II) maintenance activities to retain previously treated land in a wildfire-resilient state;
(C) that incorporates the best available science and scientific application tools to identify project areas;
(D) that fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type—
(i) taking into account the contribution of the stand to landscape fire adaptation and watershed health; and
(ii) retaining the large trees contributing to old growth structure;
(E) under which would be carried out any forest restoration treatments that reduce hazardous fuels through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate, which—
(i) may include site preparation, if necessary to prepare the landscape for reestablishment of a natural fire regime; and
(ii) shall maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and
(F) under which—
(i) no permanent roads would be established; and
(ii) funding would be committed to decommission all temporary roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative process that—
(A) includes multiple interested persons representing diverse interests; and
(B) is transparent and nonexclusive;
(3) describe plans, as applicable—
(A) to reduce the risk of uncharacteristic wildfire;
(B) to improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;
(C) to maintain or improve water quality and watershed function;
(D) to prevent, remediate, or control invasions of exotic species;
(E) to maintain, decommission, and rehabilitate roads and trails;
(F) to report annually on performance, including setting accomplishment targets for each year;
(G) to take into account any applicable community wildfire protection plan; and
(H) to mitigate smoke impacts on nearby communities;
(4) include an analysis of any anticipated cost savings, including savings resulting from—
(A) a reduced risk of wildfire damages, especially to high-value resources; and
(B) a decrease in the unit costs of implementing ecological restoration treatments over time;
(5) include estimates of—
(A) the amount of annual Federal funding necessary to implement the proposed project; and
(B) the amount of new non-Federal investment for carrying out the proposed project that would be leveraged;
(6) describe the collaborative process described in paragraph (2) through which the proposal was developed, including a description of—
(A) participation by, or consultation with, State, local, and Tribal governments; and
(B) any established record of successful collaborative planning and implementation of prescribed fire projects on National Forest System land and other land included in the proposal by the collaborators;
(7) propose to benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for planning, design, implementation, or monitoring with—
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships with State, local, and nonprofit youth groups;
(C) existing or proposed small or micro businesses, clusters, or incubators; or
(D) other entities that will hire or train local individuals to complete those contracts, grants, or agreements; and
(8) be subject to any other requirements that the Secretary concerned determines to be necessary for the efficient and effective administration of the program.
(c) Nomination process.—
(1) Submission.— A proposal for a project shall be submitted to the appropriate Regional Forester, State Director, or other similar official.
(2) Nomination.—
(A) In general.— An official described in paragraph (1) may nominate for selection by the Secretary concerned any proposals received by the official under that paragraph that meet the eligibility criteria described in subsection (b).
(B) Concurrence.— In the case of a proposal for a project that involves activities on the land of both Secretaries, a nomination under subparagraph (A) shall include the concurrence of the appropriate official for the applicable land that is not under the jurisdiction of the official nominating the proposal.
(3) Other land.— In the case of a proposal for a project that involves activities on land that is not under the jurisdiction of either Secretary concerned, a nomination under subparagraph (A) shall include evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the activities.
(d) Selection process.—
(1) In general.— The Secretary concerned, in consultation with the other Secretary concerned, shall select for implementation proposals for projects—
(A) that have been nominated under subsection (c)(2);
(B) that meet the eligibility criteria described in subsection (b); and
(C) in accordance with the prioritization criteria established under section 11102(c).
(2) Criteria.— In selecting proposals under paragraph (1), the Secretary concerned shall give special consideration to—
(A) the strength of the proposal, including the landscape restoration strategy described in subsection (b)(1) of the proposal;
(B) the strength of the ecological case of the proposal and the proposed ecological restoration strategies under the proposal;
(C) the strength of the collaborative process described in subsection (b)(2) through which the proposal was developed and the likelihood of successful collaboration throughout implementation;
(D) the extent to which the proposal is likely to achieve reductions in long-term wildfire risk and increased protection of high-value resources;
(E) the extent to which an appropriate level of non-Federal investment would be leveraged in carrying out the proposed project; and
(F) ensuring geographic diversity of projects implemented under this section.
(3) Limitation.— The Secretary concerned may select not more than—
(A) 20 proposals under paragraph (1) to be funded during any fiscal year; and
(B) the number of proposals under paragraph (1) that the Secretary concerned determines are likely to receive adequate funding.
(e) Reporting.—
(1) Project reporting.— A recipient of financial assistance to carry out a project under the program shall annually submit to the Secretary concerned a report summarizing, at a minimum, with respect to the year covered by the report—
(A) the number of acres of land treated with prescribed fire by the recipient under the program; and
(B) the amount of Federal and non-Federal funds used by the recipient under the program.
(2) Program report.— Not later than 5 years after the first fiscal year in which funding is made available to carry out projects under the program, and every 5 years thereafter, the Secretary concerned shall submit to the congressional committees a report describing the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this section.
(f) Limitations.—
(1) Total funding.— The Secretary concerned shall not provide more than $20,000,000 in total funding for projects under the program in any fiscal year.
(2) Project size limitation.— The Secretary concerned shall not provide more than $1,000,000 for any 1 project under the program in any fiscal year.
(3) Project sunset.— The Secretary concerned shall not provide funding for a project under the program for a period of more than 10 fiscal years.
(4) Project cancellation.— The Secretary concerned shall cease funding any project under the program that, for 3 consecutive years, fails to meet the annual accomplishment targets set under subsection (b)(3)(F).
(g) Funding.— Of the amounts made available under section 11102(a), the Secretary concerned may use to carry out this section not more than $10,000,000 for each of fiscal years 2027 through 2036.
(a) Definition of eligible entity.— In this section, the term eligible entity means—
(1) a State;
(2) an Indian Tribe;
(3) a county or municipal government;
(4) a fire district;
(5) a nongovernmental organization; and
(6) a private entity.
(b) Authorization.— The Secretary concerned may enter into a cooperative agreement or contract with an eligible entity to authorize the eligible entity to coordinate, plan, or conduct a prescribed fire on Federal land in accordance with other applicable laws, regulations, and land management plans.
(c) Subcontracts.— The Secretary concerned may authorize a State, an Indian Tribe, or a county that enters into a cooperative agreement or contract under subsection (b) to enter into a subcontract to conduct a prescribed fire on Federal land pursuant to that cooperative agreement or contract, subject to any other terms and conditions that the Secretary concerned determines to be appropriate.
(d) Long-Term contracts.— A cooperative agreement or contract with an eligible entity under subsection (b) may authorize the eligible entity to conduct a series of prescribed fires on Federal land for a period of not longer than 10 years.
(a) Prescribed fire workforce.—
(1) Increasing workforce retention.—
(A) Hazard pay.—
(i) In general.— Each Federal employee in any classification series, as identified by the Secretaries, shall be entitled to be paid the appropriate differential under section 5545(d) of title 5, United States Code, as if such employee was covered by such subsection, when such employee carries out work directly related to the ignition, management, and control of a prescribed fire.
(ii) Regulations.— The Director of the Office of Personnel Management shall prescribe regulations to carry out this subparagraph.
(B) Incentive payments for fuels assignments.— The Secretaries shall submit to the congressional committees a joint report describing mechanisms to attract and retain a skilled fuels workforce, including pay incentives that would account for and offset the more competitive pay options offered through wildfire suppression assignments.
(2) Dedicated prescribed fire task forces.—
(A) In general.— The Secretaries shall—
(i) not later than 180 days after the date of enactment of this Act, establish at least 1 multiparty task force of Federal employees and non-Federal entities within each Geographic Area Coordination Center to plan, lead, and support prescribed fire across ownership boundaries that are priorities at the landscape, region, State, or Federal level; and
(ii) support each task force established under clause (i) by assigning a dedicated Federal employee—
(I) to aid necessary administrative functions relating to partnership agreements; and
(II) to coordinate prescribed fire across ownership boundaries.
(B) Cooperative agreements.— The Secretaries may enter into 1 or more cooperative agreements to carry out this paragraph.
(3) Conversion of seasonal firefighters to permanent employees.— The Secretaries may noncompetitively convert a Federal seasonal employee to a Federal permanent employee if—
(A) the listed job duties of the employee include wildland firefighting;
(B) the employee received a rating of at least “Fully Successful” in each of the performance appraisals of the employee for the 3 most recent seasons of Federal employment of the employee; and
(C) the job duties and performance standards of the position into which the permanent employee converts emphasize implementing prescribed fires.
(4) Employment of formerly incarcerated individuals.—
(A) In general.— The Secretaries, in consultation with the Attorney General and State departments of corrections, shall seek to provide career pathways, training, and wraparound support services, including through partnerships with the Corps Network, to individuals described in subparagraph (B) to work as prescribed fire practitioners.
(B) Individuals described.— An individual referred to in subparagraph (A) is an individual that—
(i) has been convicted in any court of a criminal offense, other than arson or a violent crime (as defined by the Secretaries, in consultation with the Attorney General and State departments of corrections), and was sentenced to a term of imprisonment for that offense; and
(ii) during the term of imprisonment described in clause (i), served on a wildland firefighting crew or received other comparable training.
(5) Underutilized employees.— The Secretaries shall support the recruitment, development, and participation of underutilized employees, as determined by the Secretaries, in the wildland fire workforce, including by fostering leadership opportunities, mentorship networks, and training.
(6) Veterans crews.—
(A) In general.— The Secretaries, in consultation with the Secretary of Veterans Affairs, shall seek—
(i) to provide a career pathway to individuals described in subparagraph (B) to work as prescribed fire practitioners; and
(ii) to establish crews composed predominantly of veterans to conduct prescribed fires.
(B) Individuals described.— An individual referred to in subparagraph (A) is an individual who—
(i) served in the active military, naval, or air service; and
(ii) was discharged or released under conditions other than dishonorable.
(b) Additional training centers.— Subject to the availability of appropriations, not later than 2 years after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the Secretary of Agriculture (and the Secretary of Defense in the case of a center located on a military installation), shall—
(1) establish, operate, and facilitate a prescribed fire training program or center that offers training in prescribed fire within each Geographic Area Coordination Center region where such a program or center does not exist on the date of enactment of this Act; and
(2) support the establishment of an Indigenous-led prescribed fire and cultural burning training center operated by an Indian Tribe or partnership of Indian Tribes.
(c) Competencies for firefighters.— The Secretaries, in coordination with the Fire Executive Council, shall task the National Wildfire Coordinating Group with the duty to adjust training requirements to obtain a certification to serve in a supervisory role for a prescribed fire and any other positions determined to be necessary by the Secretaries—
(1) in order to reduce the time required to obtain such a certification; and
(2) such that significant experience, gained exclusively during a prescribed fire, is required to obtain such a certification.
(d) Enhancing interoperability between Federal and non-Federal practitioners.—
(1) Qualification databases and dispatch systems.— The Secretaries shall establish a collaborative process to create mechanisms for non-Federal-agency fire practitioners to be included in prescribed fire and wildfire resource ordering and reimbursement processes.
(2) Partnership agreements.— The Secretaries shall—
(A) develop partnership agreements for prescribed fire with all relevant State, Federal, Tribal, university, and nongovernmental entities that choose to be included in resource ordering and reimbursement processes under paragraph (1);
(B) create agreements and structures necessary to include non-Federal-agency and other nontraditional partners in direct work with Federal agencies to address prescribed fires; and
(C) treat any prescribed fire practitioner meeting applicable National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.
(a) Definitions.— In this section:
(1) Covered activity.— The term covered activity means an activity carried out on Federal land directly related to a wildland fire, prescribed fire, or prescribed fire with cultural objectives in the course of executing a Federal action.
(2) Covered entity.— The term covered entity means a non-Federal entity engaged in a covered activity, if that non-Federal entity is acting—
(A) under the direct supervision of a Federal employee; and
(B) within the scope of a contract or agreement in carrying out that covered activity.
(b) Indemnity of Federal and Tribal employees.— The Secretaries, in coordination with the Attorney General, shall develop, for employees involved in covered activities, a voluntary training course describing—
(1) liability protections afforded to those employees when acting within the scope of their employment;
(2) the limits on any liability protections under paragraph (1); and
(3) reimbursements available for qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (5 U.S.C. prec. 5941 note).
(c) Indemnity of other cooperators.—
(1) In general.— Beginning on the date of enactment of this Act, a covered entity shall be considered to be an employee of the Federal Government for purposes of chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), while that covered entity is engaged in covered activities.
(2) Guidance.— Not later than 1 year after the date of enactment of this Act, the Secretaries, in consultation with the Attorney General, shall issue guidance on the necessary provisions and implementation requirements for contracts or agreements that would extend liability protections to covered entities under paragraph (1).
(3) Reimbursement.— Beginning in the first fiscal year that begins after the date of enactment of this Act, the Secretaries shall request, through annual appropriations, funds sufficient to reimburse the Treasury for any claims paid during the prior fiscal year pursuant to paragraph (1).
(d) Effect.— Nothing in this section limits or otherwise affects—
(1) the application of any statutory or judicial immunity to Federal employees;
(2) the application of chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), to Federal employees; or
(3) the application of section 314 of Public Law 101–512 (25 U.S.C. 5321 note).
(a) Smoke management agencies.—
(1) Policy.— The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection—
(A) to facilitate greater use of prescribed fire; and
(B) to address public health and safety, including impacts from smoke from wildfires and prescribed fires.
(2) Coordination among Federal, Tribal, and State air quality agencies and Federal, Tribal, and State land management agencies.— To facilitate the use of prescribed fire on Federal, State, Tribal, and private land, the Administrator of the Environmental Protection Agency, in cooperation with Federal and State land management agencies, shall coordinate with State, Tribal, and local air quality agencies that regulate smoke under the Clean Air Act (42 U.S.C. 7401 et seq.)—
(A) to the maximum extent practicable, to provide State, Tribal, and local air quality agencies with guidance, data, imagery, or modeling to support the development of exceptional event demonstrations in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations);
(B) to develop archives and automated tools to provide State, Tribal, and local air quality agencies with the data, imagery, and modeling under subparagraph (A);
(C) to develop decision support tools for State, Tribal, and local air quality agencies to assist in determining whether an exceptional event demonstration, if the Administrator of the Environmental Protection Agency concurs with such demonstration, would have regulatory significance;
(D) to provide technical assistance, best practices, or templates to States, Indian Tribes, and local governments for use in approving the use of prescribed fire under a State, Tribal, or local government smoke management program;
(E)
(i) to promote basic smoke management practices and other best practices to protect the public from wildland fire smoke;
(ii) to disseminate information about basic smoke management practices;
(iii) to educate landowners that use prescribed fire about the importance of—
(I) using basic smoke management practices; and
(II) including basic smoke management practices as a component of a prescribed fire plan; and
(iv) to share with the public, in coordination with other public health agencies, information about measures that individuals can take to protect themselves from wildland fire smoke; and
(F) to develop guidance and tools to streamline the demonstration of a clear causal relationship between prescribed fire smoke and a related exceedance of a national ambient air quality standard.
(3) Exceptional event demonstrations.—
(A) In general.— The appropriate State or Tribal air quality agency (including any local air quality agency delegated authority by a State) may develop and submit to the Administrator of the Environmental Protection Agency an exceptional event demonstration in accordance with sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations), for a prescribed fire.
(B) Approval.— The Administrator of the Environmental Protection Agency shall concur with an exceptional event demonstration submitted under subparagraph (A) in accordance with the requirements of sections 50.14 and 51.930 of title 40, Code of Federal Regulations (or successor regulations). To meet requirement that the applicable prescribed fire was not reasonably controllable or preventable and that the applicable prescribed fire was a human activity unlikely to recur, the State or Tribal air quality agency shall demonstrate in that exceptional event demonstration that, at a minimum, the applicable prescribed fire was—
(i) conducted in accordance with a State or Tribal smoke management program or basic smoke management practices; and
(ii) consistent with a land or resource management plan with a stated objective to establish, restore, or maintain a sustainable and resilient ecosystem.
(C) Demonstration assistance for Federal land.— For any prescribed fire conducted on Federal land, the Secretary concerned—
(i) shall assist with the development of an exceptional event demonstration under subparagraph (A) on request of a State or Tribal air quality agency; and
(ii) may develop and submit an exceptional event demonstration under subparagraph (A) with the concurrence of the applicable State or Tribal air quality agency.
(4) Programs and research.— To address the public health and safety risk of the expanded use of prescribed fire under this title, the Secretaries, in coordination with the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control and Prevention, shall conduct research to improve or develop—
(A) wildland fire smoke prediction models;
(B) smoke impact display tools for the public and decisionmakers;
(C) appropriate, cost-effective, and consistent strategies to mitigate the impacts of smoke from prescribed fire on nearby communities;
(D) consistent nationally and scientifically supported messages regarding personal protection equipment for the public; and
(E) prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability.
(b) Development of landscape-Scale Federal prescribed fire plans.—
(1) Inclusion of landscape-scale prescribed fire plans.— The Secretary concerned shall, with respect to units of the National Forest System or Bureau of Land Management districts with existing prescribed fire programs—
(A) not later than 1 year after the date of enactment of this Act, determine which of those units or districts have landscape-scale prescribed fire plans; and
(B) not later than 2 years after the date of enactment of this Act—
(i) determine whether each plan described in subparagraph (A) requires revision;
(ii) establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and
(iii) develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale prescribed fire plans.
(2) Environmental compliance.— In carrying out paragraph (1), the Secretary concerned shall—
(A) comply with—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(iii) division A of subtitle III of title 54, United States Code; and
(iv) any other applicable laws; and
(B) consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection.
(3) Collaborative development.— In carrying out paragraph (1), the Secretary concerned shall collaborate with diverse actors from academia, Forest Service and Bureau of Land Management research and development programs, nongovernmental organizations, cultural fire practitioners, and other entities, as determined appropriate by the Secretary concerned.
(4) Consultation with Indian Tribes.— The Secretary concerned shall engage in government-to-government consultation with Indian Tribes in complying with this subsection.
(5) Reports.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall submit to Congress a report describing the progress of the Secretary concerned with respect to carrying out this subsection.
(a) In general.— The Secretaries shall carry out a national prescribed fire education program focused on fire ecology and prescribed fire planning and implementation.
(b) Program elements.— A prescribed fire education program under subsection (a) may include—
(1) public service advertisements;
(2) the use of social media;
(3) campaign and educational activities and materials;
(4) commercial licensing;
(5) character images and appearances; and
(6) awards and recognition.
(a) Purpose.— The purpose of this section is to ensure an accurate reporting of annual prescribed fire accomplishments in the United States.
(b) Cost-Share.— Subject to the availability of appropriations, the Secretary of the Interior may provide financial assistance to States to pay a portion of the costs associated with annually reporting to the National Fire Planning and Operations Database (or a successor database) the prescribed fire accomplishments of the State.
(c) Eligibility for funds.— If, by December 31 of a calendar year, a State has not submitted to the National Fire Planning and Operations Database (or a successor database) a report describing, at a minimum, the number of acres on which uncharacteristic wildfire risk is effectively mitigated using prescribed fire in the State, the State shall not be eligible to receive any amounts made available under this title for the previous fiscal year.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretaries shall each submit to the congressional committees a report describing the activities carried out under this title.
Section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) is amended—
(1) in subsection (b)(3)—
(A) in subparagraph (D), by striking “species;” and inserting “species or pathogens;”;
(B) in subparagraph (G), by striking “and” at the end;
(C) in subparagraph (H), by adding “and” after the semicolon at the end; and
(D) by adding at the end the following:
“(I) address standardized monitoring questions and indicators;”;
(2) in subsection (c)(3)(A)—
(A) in clause (i), by striking “and” at the end;
(B) in clause (ii), by inserting “and” at the end; and
(C) by adding at the end the following:
“(iii) include a Federal Government staffing plan for providing support to collaboratives established pursuant to subsection (b)(2);”;
(3) in subsection (d)—
(A) in paragraph (2)—
(i) in subparagraph (E), by striking “and” at the end;
(ii) in subparagraph (F), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
“(G) proposals that seek to use innovative implementation mechanisms, including conservation finance agreements, good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), and similar implementation mechanisms;
(H) proposals that seek to reduce the risk of uncharacteristic wildfire or increase ecological restoration activities—
(i) within areas across land ownerships, including State, Tribal, and private land; and
(ii) within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and
(I) proposals that seek to enhance watershed health and drinking water sources.”; and
(B) in paragraph (3)—
(i) in subparagraph (A), by striking “10” and inserting “20”; and
(ii) in subparagraph (B), by striking “2” and inserting “4”;
(4) in subsection (e)(3), by inserting “conflict resolution or collaborative governance,” before “and woody”; and
(5) in subsection (f)—
(A) in paragraph (4)(B)(ii), by striking “$4,000,000” and inserting “$8,000,000”; and
(B) in paragraph (6), by striking “2023” and inserting “2034”.
Section 40808 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592d) is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (B), by striking “or” at the end;
(B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
“(D) to recover from wildfires; or
(E) to enhance soil, water, and related natural resources.”;
(2) in subsection (b), by adding at the end the following:
“(3) Agency coordination.— In carrying out the Program, the Chief of the Natural Resources Conservation Service shall—
(A) consider corresponding management plans from the Chief of the Forest Service; and
(B) collaborate with the Chief of the Forest Service on forestry science and practice, using the best available science.”;
(3) in subsection (d)(1)—
(A) in subparagraph (A), by inserting “and post-wildfire impacts” after “wildfire risk”; and
(B) in subparagraph (F), by inserting “, as identified in the corresponding State forest action plan or similar priority plan (such as a State wildlife or water plan)” before the semicolon;
(4) in subsection (f), by striking paragraph (2) and inserting the following:
“(2) if inconsistent with the prohibitions under the rule of the Forest Service entitled “Special Areas; Roadless Area Conservation” (66 Fed. Reg. 3244 (January 12, 2001)), and subparts C and D of part 294 of title 36, Code of Federal Regulations, as applicable;”; and
(5) in subsections (g)(2) and (h)(1), by striking “and 2023” each place it appears and inserting “through 2031”.
(a) Contracts, grants, and agreements.— Section 40804 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a) is amended by adding at the end the following:
“(g) Contracts, grants, and agreements.— To carry out the ecosystem restoration activities described in subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into contracts, grants, or agreements with State forestry agencies, local private or nonprofit entities, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), Indian Tribes, and multistate coalitions—
(1) for the collection and maintenance of native seeds, including material from managed seed orchards; and
(2) for the production of seedlings for revegetation.”.
(b) Collaborative forest landscape restoration program.— Section 4003(b)(7) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(7)) is amended—
(1) in the matter preceding subparagraph (A), by inserting “the collection and maintenance of native seeds for revegetation, the production of seedlings, and” after “or agreements for”;
(2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
(3) by inserting after subparagraph (A) the following:
“(B) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)).”.
(a) Definitions.— In this section:
(1) Covered agency.— The term covered agency means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, and the Bureau of Indian Affairs.
(2) Covered lands.— The term covered lands means—
(A) any Federal land or interest in land administered by a covered agency; or
(B) Indian Forest Land or Rangeland.
(3) 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.
(4) Indian Tribe.— The term Indian Tribe means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Natural regeneration.— The term natural regeneration has the meaning given the term in section 3(e)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)).
(6) Reforestation.— The term reforestation has the meaning given the term in section 3(e)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)).
(7) Relevant congressional committees.— The term relevant congressional committees means—
(A) the Committees on Agriculture and Natural Resources of the House of Representatives; and
(B) the Committees on Agriculture and Energy and Natural Resources of the Senate.
(8) Restoration.— The term restoration means assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed, including the reestablishment of appropriate plant species composition and community structure.
(9) Secretary.— The term Secretary means the Secretary of the Interior.
(10) Unplanned disturbance.— The term unplanned disturbance means any unplanned disturbance that disrupts ecosystem structure or composition and may include a wildfire, an infestation of insects or disease, or a weather event.
(b) In general.— Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary, in coordination with the heads of the covered agencies, shall identify covered lands requiring reforestation and restoration following unplanned disturbances that are unlikely to experience natural regeneration without assistance.
(c) Priority projects.— In consultation with the heads of covered agencies, the Secretary—
(1) shall propose a list of priority projects for reforestation and restoration for each fiscal year;
(2) may carry out priority projects identified in the list in paragraph (1) through—
(A) competitively awarded grants;
(B) contracts;
(C) contracts established under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and
(D) cooperative agreements, to be awarded in accordance with applicable requirements established by the Secretary; and
(3) may support any grant contract or cooperative agreement that may be necessary to ensure adequate and appropriate seed and seedling availability to further the objectives of priority projects.
(d) Outreach.— To fulfill requirements of this section the heads of covered agencies shall conduct outreach to—
(1) Indian Tribes;
(2) States;
(3) territories;
(4) units of local government;
(5) Alaska Native organizations;
(6) Native Hawaiian organizations;
(7) institutions of higher education;
(8) Federal agencies with jurisdiction over Federal land adjoining or proximal to priority projects; and
(9) other stakeholders as determined by the Secretary.
(e) Reports and recommendations.— Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the relevant congressional committees a report that includes the following:
(1) An accounting of all covered lands requiring reforestation and restoration.
(2) A list of priority projects and implementation progress to address reforestation and restoration objectives identified.
(3) An accounting of grants, contracts, and cooperative agreements established in furtherance of priority projects.
(4) Outreach efforts by covered agencies to advance priority projects.
(5) Assessments of, and recommendations relating to seed, seedling, and implementation gaps to advance priority projects and opportunities to establish dedicated funding necessary to address any backlog of reforestation and restoration needs.
(f) Sunset.— The authority provided under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
(a) Funding and administration.— Section 404(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2204(b)) is amended by inserting “to carry out section 401” after “for a fiscal year”.
(b) Emergency forest watershed program.— Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by adding at the end the following:
“408. Emergency forest watershed program.—
(a) Definitions.— In this section:
(1) Emergency watershed protection measures.— The term emergency watershed protection measures means measures that—
(A) are necessary to address runoff retardation, soil-erosion prevention, and flood mitigation caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated—
(i) would significantly impair or endanger the natural resources on the National Forest System land; and
(ii) would pose an immediate risk to water resources or loss of life or property downstream of the National Forest System land; and
(B) would maintain or restore forest health and forest-related resources on the National Forest System land.
(2) Natural disaster.— The term natural disaster has the meaning given the term in section 407(a).
(3) Secretary.— The term Secretary means the Secretary, acting through the Chief of the Forest Service.
(4) Sponsor.— The term sponsor means—
(A) a State or local government;
(B) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(C) a water district, water conservation district, water utility, or special district.
(b) Authorization.— The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land.
(c) Agreements; payments.—
(1) In general.— The Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures.
(2) Requirements.—
(A) Project timelines.—
(i) In general.— Following a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible.
(ii) Timeline.— A sponsor that has entered into an agreement under paragraph (1) shall complete all emergency watershed protection measures not later than 2 years after the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures.
(iii) Continued monitoring.— A sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users.
(B) Payments.— The Secretary, in accordance with an agreement entered into under paragraph (1)—
(i) may make partial payments prior to completion of the applicable project; and
(ii) shall make final payment for the project not later than 30 days after the date on which the project is completed.
(d) Waived matching requirements.— The Secretary shall waive any matching requirements for payments made under subsection (c)(1).
(e) Liability.—
(1) In general.— A sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not—
(A) be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement; or
(B) except as provided in paragraph (2), be liable for injury, loss, or damage resulting from carrying out emergency watershed protection measures pursuant to that agreement.
(2) Savings provision.— Nothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures.
(f) Assumption of risk.— A sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures.
(g) Coordination.— The Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403.
(h) NEPA compliance.— Emergency watershed protection measures carried out pursuant to this section shall be deemed emergency response actions for purposes of section 220.4(b)(1) of title 36, Code of Federal Regulations (or a successor regulation).”.
(a) Definitions.— In this section:
(1) Eligible recipient.— The term eligible recipient means—
(A) a State forestry agency;
(B) an Indian Tribe; and
(C) a private nursery that has experience growing high-quality native trees of appropriate genetic sources in bareroot or container stocktypes specific for reforestation, restoration, or conservation, including native plants and seeds that are of cultural significance to Indian Tribes.
(2) National forest system.— 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)).
(3) Nursery.— The term nursery means a tree or native plant nursery.
(4) Seed orchard.— The term seed orchard means a tree or native plant seed orchard.
(5) State.— The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(b) Partnerships, collaboration, and other assistance in support of nurseries and seed orchards.— The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
(1) partner with Federal and State agencies, Indian Tribes, institutions of higher education, nonprofit organizations, and private nurseries to provide training, technical assistance, and research to nursery and tree establishment programs that support natural regeneration, reforestation, agroforestry, and afforestation;
(2) promote information sharing to improve technical knowledge and practices, and to better understand reforestation needs, relating to seeds or seedlings, effects of climate change, tree genetics for resistance to pathogens and drought, and other issues necessary to address all facets of the reforestation supply chain;
(3) provide technical and financial assistance to international nursery and tree establishment programs through the Forest Service International Programs, the Institute of Pacific Islands Forestry, and the International Institute of Tropical Forestry;
(4) collaborate with other relevant Federal departments and agencies, including the Foreign Agricultural Service of the Department of Agriculture, the United States Agency for International Development, the United States Fish and Wildlife Service, and international organizations, including the Food and Agriculture Organization of the United Nations, to provide technical and financial assistance related to nurseries and reforestation;
(5) coordinate the efforts of the Department of Agriculture—
(A) to address the challenges associated with the reforestation supply chain, including workforce development; and
(B) to leverage economic development assistance for work with private nurseries;
(6) expand reforestation supply chains through science and research, seed collection and storage, workforce development, and nursery infrastructure and operations; and
(7) shorten the timeline for approval of permits to collect seeds on National Forest System lands.
(c) Nursery and seed orchard grant program.—
(1) Establishment.— Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a program to provide grants to eligible recipients to support nurseries and seed orchards.
(2) Allowable uses.— A recipient of grant funds under paragraph (1) may use such funds to carry out a project comprised of 1 or more of the following:
(A) The development, expansion, enhancement, or improvement of nursery production capacity or other infrastructure—
(i) to improve seed collection and storage;
(ii) to increase seedling production, storage, and distribution; or
(iii) to enhance seedling survival and properly manage tree genetic resources.
(B) The establishment or expansion of a nursery or seed orchard, including by acquiring equipment for a nursery or seed orchard.
(C) The development or implementation of quality control measures at nurseries or seed orchards.
(D) The promotion of workforce development within any facet of the reforestation supply chain.
(E) Any other activity determined appropriate by the Secretary.
(d) Reforestation trust fund.— Notwithstanding subsection (d) of section 303 of Public Law 96–451 (16 U.S.C. 1606a), of amounts in the Reforestation Trust Fund established by subsection (a) of that section that are not otherwise obligated, the Secretary may obligate not more than $5,000,000 for each fiscal year to carry out this section.
(a) Emergency forest restoration program.— Section 407(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) is amended—
(1) by striking “The” and inserting the following:
“(1) In general.— The”; and
(2) by adding at the end the following:
“(2) Payments for emergency measures to address wildfire.— In the case of an application for a payment by an owner of nonindustrial private forest land who carries out emergency measures to restore the land after the land is damaged by a wildfire, if the Secretary approves such application, the Secretary shall provide payment to such owner not later than 90 days after the date on which the application was submitted to the Secretary.”.
(b) Emergency watershed program.— Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended by adding at the end the following:
“(c) Payments for emergency watershed protection measures To address wildfire damage.— In the case of an application for a payment for emergency watershed protection measures addressing a sudden impairment of a watershed caused by a wildfire, if the Secretary approves such application, the Secretary shall provide such payment not later than 90 days after the date on which the application was submitted to the Secretary.”.
(c) Community facilities direct loan and grant programs.—
(1) Direct loan program.— Section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following: “If the Secretary approves an application for an essential community facilities loan under this paragraph that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire and the Secretary approves the application, the Secretary shall provide the loan to the owner within 90 days after date the application is submitted.”.
(2) Grant program.— Section 306(a)(19) of such Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following:
“(C) Payments for emergency measures to address wildfire.— If the Secretary approves an application for a grant under this paragraph that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire and the Secretary approves the application, the Secretary shall provide the grant to the owner within 90 days after date the application is submitted.”.
(d) Disaster relief and mitigation programs.— The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended—
(1) in section 203, by adding at the end the following:
“(m) Assistance for wildfire mitigation.— If the President approves an application for financial assistance under this section to implement predisaster hazard mitigation measures related to the mitigation of wildfires, the President shall provide such assistance within 90 days after the date such application is submitted.”;
(2) in section 404, by adding at the end the following:
“(h) Assistance for wildfire mitigation.— If the President approves an application for hazard mitigation assistance under this section that is related to the mitigation of wildfires, the President shall provide such assistance within 90 days after the date such application is submitted.”;
(3) in section 407(e), by adding at the end the following:
“(3) Payments related to wildfire.— Notwithstanding the requirements of paragraphs (1) and (2), if the President approves an application for a grant under this section to remove debris or wreckage resulting from a wildfire, such grant shall be paid in full no later than the date that is 90 days after the last day such wildfire occurred.”;
(4) in section 408—
(A) in subsection (f)—
(i) in paragraph (3)(B)(iv), by striking “(j)” and inserting “(k)”; and
(ii) in paragraph (3)(B)(v), by striking “(i)” and inserting “(j)”;
(B) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
(C) by inserting after subsection (h) the following:
“(i) Payments related to wildfire.— If the President approves an application for financial assistance under this section for necessary expenses or serious needs related to a wildfire, the President shall provide such assistance within 90 days after the last day such wildfire occurred.”.
(e) Small business administration disaster loan program.— The Small Business Administration Disaster Loan program under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended—
(1) by redesignating the second paragraph (16) (relating to statute of limitations) as paragraph (17); and
(2) by inserting after paragraph (17) (as so redesignated), the following new paragraph:
“(18) Emergency measures to address wildfire.— If the Administrator approves an application for a loan under this subsection that is submitted by an owner of nonindustrial private forest land (as defined in section 407 of the Agricultural Credit Act of 1978) who carries out emergency measures (as defined in such section) to restore the land after the land is damaged by a wildfire, the Administrator shall ensure that such loan is disbursed not later than 90 days after date of such approval.”.
(a) Definitions.— In this section:
(1) Covered Federal lands.— The term covered Federal lands means—
(A) National Forest System lands; and
(B) lands managed by the Bureau of Land Management.
(2) Secretary concerned.— The term Secretary concerned means—
(A) with respect to National Forest System lands, the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(B) with respect to lands managed by the Bureau of Land Management, the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(b) In general.— In any special use permit or easement on covered Federal lands provided to an electrical utility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within the vicinity of distribution lines or transmission lines without requiring a separate timber sale, if that cutting and removal is consistent with—
(1) any applicable land and resource management plan; and
(2) other applicable environmental laws (including regulations).
(c) Use of proceeds.— A special use permit or easement that includes permission for cutting and removal described in subsection (b) shall include a requirement that, if the applicable electrical utility sells any portion of the material removed under the permit or easement, the electrical utility shall provide to the Secretary concerned any proceeds received from the sale, less any transportation costs incurred in the sale.
(d) Effect.— Nothing in subsection (c) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in subsection (b).
(a) In general.— Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall establish 1 or more permanent Burned Area Emergency Response Teams (referred to in this section as a “BAER Team”) to coordinate immediate post-wildfire emergency stabilization and erosion planning efforts.
(b) Requirements.— A BAER Team shall—
(1) survey the landscape affected by a wildfire to determine burn severity;
(2) identify and remove, as necessary, dead or dying trees that may pose an immediate hazard to individuals, communities, or critical infrastructure;
(3) stabilize or remove hazardous materials resulting from a wildfire that may pose an immediate hazard to individuals, communities, or the environment;
(4) conduct emergency landscape stabilization and erosion prevention work, prioritizing efforts that ensure public safety;
(5) prevent the proliferation and spread of invasive species;
(6) assist with informing the public of hazards resulting from a wildfire;
(7) collaborate, as necessary, with activities under section 12110; and
(8) conduct such other work as the Secretary concerned determines to be necessary.
(c) Duration.— To the maximum extent practicable, a BAER Team shall coordinate and respond to immediate post-wildfire emergency stabilization and erosion planning needs for a period of not more than 1 year after the date of containment of a wildfire.
(d) Funding.— The Secretary concerned may use to carry out this section funds made available by section 40803(c)(16) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(16)).
(a) Establishment of account.— There is established in the Treasury of the United States the Long-Term Burned Area Rehabilitation account for the Department of Agriculture.
(b) Authorization of appropriations.— There are authorized to be appropriated for fiscal year 2027 and each fiscal year thereafter through 2036 for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000.
(c) Presidential budget requests.— For fiscal year 2028 and each fiscal year thereafter through 2036, the Secretary of Agriculture shall submit through the budget request of the President and in accordance with subsection (b), a request for amounts in the National Forest System appropriation account to carry out the activities described in subsection (d).
(d) Authorized activities.— The Secretary of Agriculture shall use amounts in the account established by subsection (a) for rehabilitation projects located at sites impacted by a wildfire or post-wildfire flooding primarily on Federal land, but may include areas on non-Federal land, that—
(1) restore the functions of an ecosystem, including—
(A) identifying areas where natural regeneration is unlikely to occur;
(B) revegetation and reforestation, including coordinating any necessary site preparation, and replanting;
(C) watershed restoration;
(D) invasive species mitigation and removal; and
(E) wildlife habitat restoration; or
(2) repair or replace infrastructure or facilities critical for land management activities.
(e) Duration of activities.— A rehabilitation project under subsection (d) shall—
(1) begin not earlier than the date on which the wildfire was contained; and
(2) be completed not later than 5 years after the date on which the wildfire was contained.
(f) Agreement authority.—
(1) In general.— The Secretary of Agriculture may enter to agreements with non-Federal entities to carry out activities described in subsection (d).
(2) Cost share.— The non-Federal share of the costs of implementing activities under an agreement entered into under paragraph (1)—
(A) shall be not more than 20 percent; and
(B) may include in-kind contributions.
(3) Savings provision.— Nothing in this subsection—
(A) requires the Secretary of Agriculture to enter into agreements with non-Federal entities to carry out activities described in subsection (d); or
(B) limits the effect of the prioritization requirements under subsection (g).
(g) Prioritization of funding.— The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section based on downstream effects on water resources.
(h) Reporting.— Beginning in fiscal year 2027, and each fiscal year thereafter, the Secretary of Agriculture shall annually submit to Congress a report on the burned area recovery work performed using—
(1) amounts from the account established by subsection (a);
(2) amounts made available under the Act of June 9, 1930 (16 U.S.C. 576 et seq.); and
(3) amounts from the Reforestation Trust Fund established by section 303(a) of Public Law 96–451 (16 U.S.C. 1606a(a)).
Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 742b note; Public Law 116–9) is amended—
(1) by striking “paragraph (8)(A)” each place it appears and inserting “paragraph (9)(A)”;
(2) by striking “paragraph (8)(B)” each place it appears and inserting “paragraph (9)(B)”;
(3) by redesignating paragraph (8) as paragraph (9);
(4) by inserting after paragraph (7) the following:
“(8) Theodore Roosevelt Genius Prize for management of wildfire-related invasive species.—
(A) Definitions.— In this paragraph:
(i) Board.— The term Board means the Management of Wildfire-Related Invasive Species Technology Advisory Board established by subparagraph (C)(i).
(ii) Prize competition.— The term prize competition means the Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species established under subparagraph (B).
(B) Authority.— Not later than 180 days after the date of enactment of the Wildfire Response and Readiness Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, to be known as the “Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species”—
(i) to encourage technological innovation with the potential to advance the mission of the National Invasive Species Council with respect to the management of wildfire-related invasive species; and
(ii) to award 1 or more prizes annually for a technological advancement that manages wildfire-related invasive species.
(C) Advisory board.—
(i) Establishment.— There is established an advisory board, to be known as the “Management of Wildfire-Related Invasive Species Technology Advisory Board”.
(ii) Composition.— The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in—
(I) invasive species;
(II) biology;
(III) technology development;
(IV) engineering;
(V) economics;
(VI) business development and management;
(VII) wildfire; and
(VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph.
(iii) Duties.— Subject to clause (iv), with respect to the prize competition, the Board shall—
(I) select a topic;
(II) issue a problem statement;
(III) advise the Secretary regarding any opportunity for technological innovation to manage wildfire-related invasive species; and
(IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to the management of wildfire-related invasive species.
(iv) Consultation.— In selecting a topic and issuing a problem statement for the prize competition, the Board shall consult widely with Federal and non-Federal stakeholders, including—
(I) 1 or more Federal agencies with jurisdiction over the management of invasive species;
(II) 1 or more Federal agencies with jurisdiction over the management of wildfire;
(III) 1 or more State agencies with jurisdiction over the management of invasive species;
(IV) 1 or more State agencies with jurisdiction over the management of wildfire;
(V) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and
(VI) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of wildfire-related invasive species.
(v) Requirements.— The Board shall comply with all requirements under paragraph (9)(A).
(D) Administration by the national invasive species council.— The Secretary, acting through the Executive Director of the National Invasive Species Council, shall administer the prize competition and perform the duties described in paragraph (9)(B)(i).
(E) Judges.—
(i) Appointment.— The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition.
(ii) Determination by secretary.— The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award.
(F) Report to congress.— Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes—
(i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii);
(ii) a description of the 1 or more annual winners of the prize competition; and
(iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the 1 or more winners of the prize competition was selected.
(G) Termination of authority.— The Board and all authority provided under this paragraph shall terminate on December 31, 2028.”; and
(5) in paragraph (9) (as so redesignated)—
(A) in subparagraph (A), in the matter preceding clause (i), by striking “or (7)(C)(i)” and inserting “(7)(C)(i), or (8)(C)(i)”; and
(B) in subparagraph (C)—
(i) in clause (i), by inserting “and the amount of the initial cash prize awarded for a year under paragraph (8)” after “subparagraph (B)(i)(IX)”; and
(ii) by adding at the end the following:
“(iii) Additional wildfire cash prizes.— If the Secretary determines that funds are available for an additional cash prize under the prize competition under paragraph (8) for a year, the Secretary shall determine the amount of the additional cash prize.”.
(a) In general.— The Secretary of Agriculture may not authorize road construction, road reconstruction, or logging (including any cutting or removal of trees) in an inventoried roadless area where such activities are prohibited by the Roadless Rule.
(b) Definitions.— In this section:
(1) Inventoried roadless area.— The term inventoried roadless area means any area in which road construction, road reconstruction, or logging is subject to the Roadless Rule.
(2) Roadless Rule.— The term Roadless Rule means part 294 of title 36, Code of Federal Regulations, as adopted on January 12, 2001, and modified for Idaho on October 16, 2008, and for Colorado on July 3, 2012, and December 19, 2016.
In this subtitle:
(1) Plan.— The term Plan means the plan required under section 12202(a).
(2) Secretaries.— The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior.
(3) 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.
(a) In general.— The Secretary of Agriculture shall, in coordination with the Secretary of the Interior, implement a 10-year National Wildfire Plan that—
(1) includes—
(A) hazardous fuels and prescribed fire activities to address wildfire risk;
(B) vegetation, watershed, wildlife and fisheries habitat management to maintain habitat and improve ecological conditions, including—
(i) protecting mature and old-growth trees and forests;
(ii) maintaining habitat in a way that advances at-risk species recovery conservation; and
(iii) completing consultations required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C) management of recreation, heritage, and wilderness programs;
(D) activities under the Joint Fire Science Program to address wildfire risk;
(E) the activities required under this subtitle;
(F) the activities included in—
(i) the National Cohesive Wildland Fire Management Strategy (and successor documents);
(ii) the Wildfire Crisis Strategy entitled “Confronting the Wildfire Crisis: A Strategy for Protecting Communities and Improving Resilience in America’s Forests” and dated January 2022 (and successor documents);
(iii) the Wildfire Crisis Strategy Implementation Plan entitled “Wildfire Crisis Implementation Plan” and dated January 2022 (and successor documents); and
(iv) the Wildfire Crisis Landscape Investments plan entitled “Confronting the Wildfire Crisis: Initial Landscape Investments to Protect Communities and Improve Resilience in America’s Forests” dated April 2022 (and successor documents); and
(G) such other wildfire-related activities as determined appropriate by the Secretary of Agriculture or the Secretary of the Interior, in accordance with existing law and regulations; and
(2) in accordance with section 12203, prioritizes carrying out landscape-scale restoration projects.
(b) Coordination.— In carrying out subsection (a), to the maximum extent practicable, the Secretary of Agriculture, in coordination with the Secretary of Interior, shall—
(1) utilize cooperative forestry authorities and agreements, including but not limited to the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
(2) solicit proposals from States, counties, and Tribes to address water quantity and quality concerns;
(3) solicit proposals from States, counties, and Tribes for hazardous fuels treatments;
(4) consider the long-term statewide assessments and forest resource strategies established in section 2A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a); and
(5) provide priority to collaboratively developed projects.
(a) In general.— In carrying out the Plan, the Secretary of Agriculture shall select, in accordance with this section, landscape scale forest restoration projects—
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities.
(b) Initial phase.— During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations, the Secretary of Agriculture shall select not more than 20 landscape-scale forest restoration projects under subsection (a).
(c) Eligibility requirements.—
(1) In general.— Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements:
(A) The purposes and needs for the project shall be—
(i) to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape;
(ii) to restore appropriate natural fire regimes, including by reducing fuel loads in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and
(iii) to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface.
(B) The project shall be developed and supported by a collaborative group that—
(i) includes multiple interested persons representing diverse interests;
(ii) is transparent and inclusive; and
(iii) has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities.
(C) The project shall be based on a landscape assessment that shall—
(i) cover a landscape of—
(I) except as provided in subclauses (II) and (III), not less than 100,000 acres;
(II) in such limited cases as the Secretary of Agriculture determines to be appropriate, not less than 80,000 acres if—
(aa) the assessment is completed or substantially completed as of the date of enactment of this Act; and
(bb) in the determination of the Secretary of Agriculture, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; or
(III) not less than 50,000 acres in the case of a project that is carried out east of the 100th meridian;
(ii) evaluate ecological integrity and determine reference conditions for the landscape;
(iii) identify terrestrial and aquatic areas within the landscape that have departed from reference conditions;
(iv) identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions and necessary mitigation measures to protect at-risk species;
(v) be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and
(vi) identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on—
(I) areas that are the most departed from reference conditions; and
(II) areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, planned fuels-reduction projects, and the effects of recent wildfires.
(D) Restoration treatments under the project—
(i) shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire, or both;
(ii) that involve any proposed mechanical treatments shall be designed to promote—
(I) the restoration of reference conditions in areas that lack ecological integrity, with a focus on the reduction of surface and ladder fuels; and
(II) the establishment of conditions that will facilitate prescribed fire or managed wildfire;
(iii) shall—
(I) fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and
(II) protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and
(iv) that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary of Agriculture, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure.
(E) The project shall be consistent with all applicable environmental laws, including—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(iii) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(F) The project shall not be carried out in an inventoried roadless area or comparable roadless area defined by a State-specific rule.
(G) The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that—
(i) conditions the future implementation of the project on the satisfactory completion of—
(I) priority restoration actions; and
(II) required monitoring after implementation;
(ii) validates conditions projected to occur in the environmental analysis for the project; and
(iii) requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project.
(H)
(i) No new permanent road may be built as part of the project.
(ii) Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project. The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which may include—
(I) the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C);
(II) the use of, as applicable—
(aa) multiple records of decision to implement a single environmental impact statement; or
(bb) multiple decision notices to implement a single environmental assessment;
(III) the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific—
(aa) environmental assessments; or
(bb) categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(IV) the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific—
(aa) environmental assessments; or
(bb) categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Exception.— If the Secretary of Agriculture determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary of Agriculture may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects—
(A) fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph;
(B) in the determination of the Secretary of Agriculture, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and
(C) are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph.
(d) Evaluation of eligible projects.—
(1) In general.— In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary of Agriculture shall consider—
(A) the criteria described in paragraph (2);
(B) the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and
(C) the recommendations of the advisory panel established under subsection (e).
(2) Criteria.— The criteria referred to in paragraph (1)(A) are—
(A) the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change;
(B)
(i) the importance of watersheds in the area covered by the project for downstream waters supply; and
(ii) the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration;
(C)
(i) the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and
(ii) the proportion of the non-Federal cost share that is in the form of cash contributions;
(D) whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities;
(E) whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis;
(F) whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access;
(G) whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety;
(H) whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration;
(I) whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities;
(J) the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and
(K) whether the project—
(i) strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and
(ii) will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface.
(3) Collaboration.— The Secretary of Agriculture may coordinate with Federal, State, local, and Tribal agencies with respect to selection and implementation under subsection (a), a landscape-scale forest restoration project.
(e) Advisory panel.—
(1) In general.— The Secretary of Agriculture shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on—
(A) each landscape-scale forest restoration project that the Secretary of Agriculture is reviewing for potential selection under subsection (a); and
(B) proposals for planning and developing landscape-scale forest restoration projects.
(2) Representation.— The Secretary of Agriculture shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.
(3) Inclusion.— The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.
In carrying out projects under the Plan, the Secretaries shall, to the maximum extent practicable—
(1) identify appropriate projects to be carried out by, and enter into cooperative agreements to carry out such projects with—
(A) qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)); or
(B) nonprofit wilderness and trails stewardship organizations, including—
(i) the Corps Network;
(ii) the National Wilderness Stewardship Alliance;
(iii) American Trails; and
(iv) other public lands stewardship organizations, as appropriate; and
(2) waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).
(a) Definitions.— For purposes of this section:
(1) Eligible entity.— The term eligible entity means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a non-profit organization, or an accredited institution of higher education.
(2) Eligible projects and activities.— The term eligible projects and activities means projects and activities carried out by an eligible entity on public lands, Tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or Tribal departments or agencies, or any department or agency of a subdivision of a State.
(3) Foundation.— The term Foundation means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) Fund.— The term Fund means the Community Resilience and Restoration Fund established under subsection (b).
(5) Indian Tribe.— The term Indian Tribe means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(6) Restoration and resilience lands.— The term restoration and resilience lands means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems.
(7) Public lands.— The term public lands means lands owned or controlled by the United States.
(8) Secretary.— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
(9) State.— The term State means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States.
(b) Establishment.— Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to—
(1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands;
(2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate;
(3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change;
(4) to protect and enhance the biodiversity of wildlife populations, with special consideration to the recovery and conservation of at-risk species, across restoration and resilience lands;
(5) to support the health of restoration and resilience lands for the benefit of present and future generations;
(6) to foster innovative, nature-based solutions that help meet the goals of this section; and
(7) to enhance the nation’s natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable.
(c) Management of the fund.— The Foundation shall manage the Fund—
(1) pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established—
(A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and
(B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under—
(i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501 et seq.); or
(ii) other coastal management focused programs.
(d) Competitive grants.—
(1) In general.— To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities.
(2) Proposals.— The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section.
(e) Use of amounts in the fund.—
(1) Planning.— Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building.
(2) Administrative costs.—
(A) Foundation.— Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund.
(B) USFWS.— Not more than 4 percent of the amounts appropriated annually to the Fund may be used by the United States Fish and Wildlife Service for administrative expenses.
(3) Priority.— Not less than $10,000,000 of the amounts appropriated annually to the Fund shall be awarded annually to support eligible projects and activities for Indian Tribes.
(4) Coordination.— The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities.
(f) Reports.—
(1) Annual reports.— Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including—
(A) an accounting of expenditures made under the Fund, including leverage and match as applicable;
(B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and
(C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience.
(2) 5-year reports.— Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing—
(A) a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts;
(B) a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of—
(i) lands treated for invasive species;
(ii) lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire- management techniques; and
(iii) lands restored either from wildfire or other forms or degradation, including over-grazing and sedimentation;
(C) key findings for Congress, including any recommended changes to the authorization or purposes of the Fund;
(D) best practices for other Federal agencies in the administration of funds intended for land and habitat restoration;
(E) information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to subsection (e)(1); and
(F) any other information that the Foundation considers relevant.
(3) Submission of reports to Congress.— Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(g) Authorization of appropriations.— There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2027 through 2036 to carry out this section.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall submit to Congress a report on the progress made in the prior year towards completing the goals established under the Plan that includes—
(1) the amount of funding appropriated to carry out the Plan pursuant to the provisions of this subtitle with respect to the prior fiscal year; and
(2) recommendations to improve implementation of the Plan.