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H.R. 7567 · House bill · 119th Congress
This bill (commonly known as the farm bill) reauthorizes through FY2031 and modifies Department of Agriculture programs that address
Section 2A(f) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(f)) is amended—
(1) in paragraph (1), by striking “2023” and inserting “2031”; and
(2) in paragraph (2), by striking “to carry out this section,” and all that follows through the period at the end and inserting the following: “the Secretary may use any other funds made available under this Act to develop and implement the State-wide assessment and State-wide strategy required by subsection (a), except that the total amount of combined funding used to develop and implement such assessment and strategy may not exceed $10,000,000 in any fiscal year.”.
Section 7(l)(3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(l)(3)) is amended—
(1) in subparagraph (A), by striking “the State of Vermont” and inserting “a State”; and
(2) in subparagraph (B)(ii), in the matter preceding subclause (I), by striking “of Vermont” and inserting “involved”.
Section 13A(l)(3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a(l)(3)) is amended by striking “2023” and inserting “2031”.
Section 10 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C 2106) is amended—
(1) in subsection (e)(2)(B), by striking “in kind contributions.” and inserting “in-kind contributions. The Secretary may waive the Federal share requirements of this subparagraph with respect to any such funds made available to rural volunteer fire departments.”; and
(2) in subsection (g)(1)—
(A) by striking “any organized, not for profit, fire protection organization” and inserting “any fire protection organization that is organized as a not for profit organization or by the authority of a local government and”;
(B) by striking “10,000” and inserting “15,000”; and
(C) by striking “80” and inserting “70”.
Section 103(e)(5) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513(e)(5)) is amended by striking “2023” and inserting “2031”.
Section 108 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6518) is amended by striking “2023” and inserting “2031”.
Section 303 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following:
“(1) Adjacent land.— The term adjacent land means non-Federal land, including State, local, and private land, that is adjacent to, and within the same watershed as, National Forest System land on which a watershed protection and restoration project is carried out under this section.”; and
(C) in paragraph (2), as so redesignated—
(i) by redesignating subparagraphs (G) and (H) as subparagraphs (K) and (L), respectively; and
(ii) by inserting after subparagraph (F) the following:
“(G) an acequia association;
(H) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure;
(I) a land-grant mercedes;
(J) a local, regional, or other private entity that has water delivery authority;”;
(2) in subsection (b)—
(A) by striking “The Secretary shall” and inserting the following:
“(1) In general.— The Secretary shall”; and
(B) by adding at the end the following:
“(2) Requirements.— A watershed protection and restoration project under the Program shall be designed to—
(A) protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
(B) protect and restore forest health from insect infestation and disease or wildfire; or
(C) advance any combination of the purposes described in subparagraphs (A) and (B).
(3) Priorities.— In selecting watershed protection and restoration projects under the Program, the Secretary shall give priority to projects that—
(A) provide risk management benefits associated with drought; wildfire; post-wildfire conditions; extreme weather; flooding; resilience to climate change; and watershed and fire resilience, including minimizing risks to watershed health, water supply and quality, and water-related infrastructure, including municipal and agricultural water supply systems;
(B) support aquatic restoration and conservation efforts that complement existing or planned forest restoration or wildfire risk reduction efforts; or
(C) provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems.
(4) Conditions for projects on adjacent land.—
(A) In general.— No project or activity may be carried out under this section on adjacent land unless the owner of the adjacent land agrees in writing that the owner is a willing and engaged partner in carrying out that project or activity.
(B) Effect.— Nothing in this section shall be construed to authorize any change in—
(i) the ownership of adjacent land on which a project or activity is carried out under this section; or
(ii) the management of adjacent land on which a project or activity is carried out under this section, except during the carrying out of that project or activity.”;
(3) in subsection (c)—
(A) in paragraph (1), by striking “watersheds that provide water to the end water users” and inserting
“(A) to the end water users subject to the agreement; or
(B) for the benefit of another end water user.”;
(B) in paragraph (2)—
(i) in subparagraph (C), by striking “or” at the end;
(ii) by redesignating subparagraph (D) as subparagraph (E); and
(iii) by inserting after subparagraph (C) the following:
“(D) a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); or”; and
(C) by adding at the end the following:
“(3) Cooperation with non-federal partners.— The Secretary shall cooperate with non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section.”;
(4) in subsection (d)—
(A) by amending paragraph (2) to read as follows:
“(2) Requirements.— A water source management plan shall be—
(A) designed to protect and restore ecological integrity (as defined in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph));
(B) based on the best available scientific information; and
(C) conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.”; and
(B) by adding at the end the following:
“(4) Reducing redundancy.— An existing watershed plan, such as a watershed protection and restoration action plan developed under section 304(a)(3), or other applicable watershed planning documents as approved by the Secretary may be used as the basis for a water source management plan under this subsection.”;
(5) in subsection (e)(1), by striking “primary purpose of” and all that follows through the period at the end and inserting “primary purpose of advancing any of the purposes described in subsection (b)(2).”;
(6) in subsection (g), by amending paragraph (2) to read as follows:
“(2) Matching funds required.—
(A) In general.— Subject to subparagraph (B), the Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is not less than 50 percent of the amount of Federal funds.
(B) Waiver.— The requirement in subparagraph (A) may be waived at the discretion of the Secretary.”; and
(7) in subsection (g)(4)—
(A) in subparagraph (B), by striking “2019 through 2023” and inserting “2027 through 2031”; and
(B) by adding at the end the following:
“(D) Set-aside for partner participation in planning and technical assistance.— Of the amounts made available under subparagraph (B) to carry out this section for each fiscal year, the Secretary may not use more than 10 percent for non-Federal partner planning and technical assistance efforts in developing or implementing a water source management plan under subsection (d).”.
Section 304(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543(a)) is amended in paragraphs (3) and (5) by striking “protection and”.
Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended by striking “October 1, 2023” and inserting “October 1, 2031”.
Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended by striking “2023” and inserting “2031”.
Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended—
(1) in subsection (b), by inserting “, including retaining and expanding existing forest products infrastructure necessary to carry out an agreement or contract under this subsection” before the period at the end;
(2) in subsection (d)(3)(B), by striking “10 years” and inserting “20 years”; and
(3) in subsection (h), by adding at the end the following:
“(4) Special rule for long-term stewardship contracts.—
(A) Definition of multiyear contract.— In this paragraph, the term multiyear contract means a contract entered into under subsection (b) that—
(i) has a term of at least 5 years; and
(ii) is entered into on or after the date of enactment of this paragraph.
(B) Special rule.— A multiyear contract entered into under subsection (b) by the Chief or the Director with an entity shall provide that, in the case of cancellation or termination of the multiyear contract by the Chief or the Director, the Chief or the Director, as applicable, shall provide to the entity a cancellation or termination payment equal to the lesser of—
(i) an amount equal to 10 percent of the multiyear contract; or
(ii) the amount of unrecovered costs that would have been recouped through amortization over the full term of the contract (including the term canceled).”.
Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) is amended—
(1) by striking the section heading and inserting “National and Regional Agroforestry Centers”;
(2) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (d), (e), and (h), respectively;
(3) by inserting before subsection (b) (as so redesignated) the following:
“(a) Definition of agroforestry.— In this section, the term agroforestry means a management system that intentionally integrates trees and shrubs into crop and animal farming systems to build more profitable and weather-resilient farms, ranches, and communities, address natural resource concerns and conservation needs, and establish productive and sustainable land use practices, including—
(1) riparian forest buffers;
(2) alley cropping;
(3) silvopasture;
(4) forest farming and multistory cropping; and
(5) windbreaks, shelterbelts, hedgerows, and, where applicable, field borders, and living snow fences.”;
(4) in subsection (b) (as so redesignated)—
(A) in the subsection heading, by striking “Semiarid” and inserting “National”;
(B) by inserting “(referred to in this section as the “Secretary”)” after “Secretary of Agriculture”;
(C) by striking “Semiarid Agroforestry Research, Development, and Demonstration Center (hereafter referred to in this section as the “Center”)” and inserting “National Agroforestry Research, Development, and Demonstration Center”; and
(D) by striking “at the Center under subsection (b)” and inserting “under subsection (d)”;
(5) by inserting after subsection (b) (as so redesignated) the following:
“(c) Regional agroforestry centers.—
(1) Establishment.— The Secretary, acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall, subject to the availability of appropriations, establish 1 or more regional agroforestry centers to advance agroforestry research, outreach, technical assistance, and adoption.
(2) Director.— The Secretary, acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall appoint a Director to manage and coordinate the 1 or more regional agroforestry centers established under paragraph (1).
(3) Location.— In selecting the locations for the 1 or more regional agroforestry centers under paragraph (1), the Secretary shall prioritize locations at which the Department of Agriculture has, on the date of enactment of the Farm, Food, and National Security Act of 2026, at least 1 employee providing coordination among a diverse group of research institutions and other partners.
(4) Administration.— Regional agroforestry centers established under paragraph (1) shall by administered by the National Agroforestry Center.”;
(6) in subsection (d) (as so redesignated)—
(A) in the matter preceding paragraph (1)—
(i) by striking “the Center” and inserting “each of the centers established under subsections (b) and (c) (referred to in this section as the “Centers”)”;
(ii) by inserting “and organizations” after “nonprofit foundations”; and
(iii) by inserting “demonstration projects,” after “studies,”;
(B) in paragraph (1)—
(i) by striking “on semiarid lands that” and inserting “that build soil health and”; and
(ii) by inserting “, including agroforestry systems on semiarid land and other fragile agroecosystems where permanent woody perennial plant communities can enhance carbon sequestration and reduce greenhouse gas emissions” before the semicolon;
(C) in paragraph (3), by striking “forestry products for commercial sale from semiarid land” and inserting “agroforestry products for commercial sale”;
(D) in paragraph (4)—
(i) by striking “in semiarid regions”; and
(ii) by striking “the Great Plains region” and inserting “particular regions”;
(E) in paragraph (5), by inserting “technical assistance, demonstration projects, and” before “technology”;
(F) by redesignating paragraphs (7) through (11) as paragraphs (8) through (12), respectively;
(G) by striking paragraph (6) and inserting the following:
“(6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity;
(7) address barriers to the adoption of agroforestry practices, including—
(A) insufficient access to plant material;
(B) insufficient infrastructure to contain equipment and plant material;
(C) insufficient machinery to implement agroforestry practices;
(D) insufficient technical service assistance; and
(E) insufficient research related to agroforestry systems, including silvopasture and alley cropping;”;
(H) in paragraph (8) (as so redesignated), by striking “on semiarid lands”;
(I) in paragraph (9) (as so redesignated), by striking “on semiarid lands worldwide” and inserting “worldwide, including on semiarid land”; and
(J) in paragraph (10) (as so redesignated)—
(i) by striking “on semiarid lands”; and
(ii) by inserting “and extreme weather” after “pollution”;
(7) in subsection (e) (as so redesignated)—
(A) in the matter preceding paragraph (1) by striking “the Center” and inserting “each of the Centers”;
(B) in paragraph (1), by striking “and” at the end;
(C) in paragraph (2)—
(i) by striking “forestry” and inserting “forestry, agroforestry,”; and
(ii) by striking the period at the end and inserting “; and”; and
(D) by adding at the end the following:
“(3) facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry.”;
(8) by inserting after subsection (e) (as so redesignated) the following:
“(f) Regional support.— The Secretary shall provide targeted regional support for agroforestry projects, including demonstration sites.
(g) Survey.— Not later than 5 years after the date of the enactment of the Farm, Food, and National Security Act of 2026 and every 5 years thereafter, the Secretary shall conduct a National Agroforestry Producers Survey.”; and
(9) in subsection (h) (as so redesignated)—
(A) by striking “There are” and inserting “In addition to amounts otherwise available, there is”; and
(B) by striking “$5,000,000 for each of fiscal years 2019 through 2023” and inserting “$7,000,000 for each of fiscal years 2027 through 2031”.
(a) Matching funds.— Section 405(b) of the National Forest Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking “2023” and inserting “2031”.
(b) White oak restoration fund.— Section 409 of the National Forest Foundation Act (16 U.S.C. 583j–7) is amended—
(1) by striking “The activities” and inserting the following:
“(a) In general.— The activities”; and
(2) by adding at the end the following:
“(b) White oak restoration fund.—
(1) In general.— Funds described in paragraph (2) shall be made available for activities—
(A) on national forests that are approved by the Secretary, acting through the Chief of the Forest Service; and
(B) to—
(i) re-establish white oak forests where appropriate;
(ii) improve management of existing white oak forests to foster natural regeneration of white oak;
(iii) improve and expand white oak nursery stock; and
(iv) adapt and improve white oak seedlings.
(2) Fund.— The National Forest Foundation may accept gifts, devises, or bequests for the purposes of carrying out the activities specified in paragraph (1).
(3) Summary.— Beginning 1 year after the date of the enactment of this section, the National Forest Foundation shall include in the budget justification materials submitted to Congress in support of the budget of each such Foundation for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a summary of the activities carried out under paragraph (1) and the funds accepted under paragraph (2) that includes—
(A) the amount—
(i) accepted under paragraph (2) in the preceding fiscal year; and
(ii) described in clause (i) that is unobligated on the date of the report; and
(B) a description of the activities under paragraph (1) funded during the preceding fiscal year.”.
(c) Authorization of appropriations.— Section 410(b) of the National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by striking “2023” and inserting “2031”.
(a) Conveyance of forest service administrative sites.— Section 503(f) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54) is amended by striking “September 30, 2019” and inserting “September 30, 2031”.
(b) Authorization for lease of Forest Service sites.— Section 8623(i) of the Agriculture Improvement Act of 2018 (16 U.S.C. 580d note; Public Law 115–334) is amended by striking “2023” each place it appears and inserting “2031”.
(a) In general.— Section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)) is amended—
(1) in paragraph (1)—
(A) by striking “their resources” and inserting “the resources of those forests, including forest carbon,”;
(B) by striking “In compliance” and inserting the following:
“(A) In general.— In compliance”; and
(C) by adding at the end the following:
“(B) Additional methods.— Under the program under this subsection, the Secretary shall carry out, as a data collection method—
(i) a national timber products output survey; and
(ii) a national woodland owner survey.”;
(2) in paragraph (3)(C), by inserting “including with respect to available forest carbon data,” after “2 decades,”;
(3) in paragraph (4)—
(A) in the second sentence, by striking “The standards” and inserting the following:
“(B) Inclusions.— The standards described in subparagraph (A)”;
(B) by striking “(4) National Standards and Definitions.—To ensure” and inserting the following:
“(4) National consistency.—
(A) Standards and definitions.— To ensure”; and
(C) by adding at the end the following:
“(C) Terminology.— The Secretary shall include a clear description of the definition of “forest” used for purposes of reporting data from inventories and analyses of forests and the resources of forests under this subsection with—
(i) any data or report provided under the program under this subsection;
(ii) Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)); and
(iii) any data or report provided to an entity outside the United States.”;
(4) in paragraph (6)—
(A) in the matter preceding subparagraph (A), by striking “Not later than 180 days after the date of enactment of this subsection,” and inserting “In accordance with paragraph (7),”; and
(B) by striking subparagraphs (D) and (E) and inserting the following:
“(D) the organization and procedures necessary to understand and report on changes in land cover and use;
(E) the organization and procedures necessary to sample and evaluate carbon-related data variables, including soil carbon, collected from forest inventory and analysis plots, timber products output surveys, and national woodland owner surveys to ensure that carbon accounting information needs can be met; and”; and
(5) by adding at the end the following:
“(7) Updates to strategic plan.—
(A) In general.— Not later than 180 days after the date of enactment of this paragraph, the Secretary shall prepare an update to the strategic plan under paragraph (6) to include—
(i) a plan to implement nationally consistent data collection protocols and procedures to improve the statistical precision of base program estimates;
(ii) pathways to integrate and report on status and trends in forest carbon pools, including below-ground carbon;
(iii) plans, including the identification of challenges, to collaborate with other Federal agencies, non-Federal partners, and the private sector to integrate existing nationally available data sets and best available commercial technologies, such as remote sensing, spatial analysis techniques, and other new technologies;
(iv) a plan to increase transparency and clarity in reporting in accordance with paragraph (4)(C);
(v) a plan to expand current data collection, further integrate remote sensing technology, or both, to include procedures to improve the statistical precision of estimates at the sub-State level;
(vi) a plan to expand current data collection, further integrate remote sensing technology, or both, to include information on renewable biomass supplies and carbon stocks at the local, State, regional, and national levels, including by ownership type; and
(vii) such other matters as the Secretary determines to be appropriate based on recommendations of the Forest Inventory and Analysis National User Group.
(B) Submission.— Not later than 180 days after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives the update to the strategic plan prepared under subparagraph (A).
(C) Further updates.— Not later than 5 years after the date on which the update is submitted under subparagraph (B), and every 5 years thereafter, the Secretary shall—
(i) prepare an additional update to the strategic plan; and
(ii) submit the additional update to the committees described in subparagraph (B).
(8) Accessibility.— The Secretary shall ensure that data collected under this subsection is—
(A) easily accessible to all public- and private-sector entities; and
(B) collected and made accessible using means that ensure the confidentiality, in accordance with section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), of—
(i) plot locations;
(ii) nonaggregated data of woodland owners; and
(iii) nonaggregated data from timber product output survey.
(9) Biennial compilations.— Biennially, the Secretary shall prepare and make publicly available a compilation of national forest inventory and analysis forest statistics, which shall be similar to the tables contained in the Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)), accompanied by relevant geospatial products.
(10) External complex data requests.—
(A) In general.— The Secretary shall establish an office, a data platform, or team to process and respond to complex data requests submitted by external organizations relating to the program under this subsection.
(B) Fees.—
(i) In general.— To cover the costs of processing of and responding to complex data requests described in subparagraph (A), the Secretary may impose fees on external organizations submitting the requests.
(ii) Fees collected.— Fees collected under clause (i) may only be used for the purposes described in such clause.
(11) Reports.— Each year, the Secretary shall publish as part of the forest inventory and analysis business report a detailed description of the progress of the Secretary in implementing the programmatic elements of the strategic plan described in paragraph (6), including—
(A) the costs and priorities of the strategic plan; and
(B) how the program under this subsection leverages new technology, improves and standardizes collection protocols, and increases workforce capacity.”.
(b) Remote sensing technologies.— Section 8632(1) of the Agriculture Improvement Act of 2018 (16 U.S.C. 1642 note; Public Law 115–334) is amended by striking “technologies” and inserting “technologies, such as microwave, LiDAR, hyperspectral, and high-resolution remote sensing data, and advanced computing technologies for improved modeling to provide tabular statistical estimates and geospatial products,”.
(a) Partnerships, collaboration, and other assistance in support of nurseries and seed orchards.— The Secretary, acting through the Chief of the Forest Service, shall—
(1) partner with Federal and State agencies, Indian Tribes, private nurseries, and other relevant entities 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 the technical knowledge, practices, and understanding of the demands, climate change impacts, and other issues necessary to address all facets of the reforestation pipeline;
(3) provide technical and financial assistance to international nursery and tree establishment programs through—
(A) international programs conducted by the Forest Service pursuant to the International Forestry Cooperation Act of 1990 (16 U.S.C. 4501 et seq.);
(B) the Institute of Pacific Islands Forestry of the Forest Service; and
(C) the International Institute of Tropical Forestry of the Forest Service;
(4) collaborate with other relevant Federal departments and agencies, including the Foreign Agricultural Service of the Department, the United States Fish and Wildlife Service of the Department of the Interior, and international organizations to provide technical and financial assistance related to nurseries and reforestation;
(5) coordinate the efforts of the Department to—
(A) address the challenges associated with the reforestation pipeline; and
(B) leverage economic development assistance for work with private nurseries; and
(6) expand science-based reforestation supply chains through research, seed collection and storage, and nursery infrastructure and operations in coordination with the Administrator of the Agricultural Research Service.
(b) Nursery and seed orchard financial assistance.—
(1) In general.— 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) Eligible projects.— The Secretary may make a grant under this subsection to an eligible recipient for a project to carry out at least one of the following:
(A) Develop, expand, enhance, or improve nursery production capacity or other infrastructure to—
(i) improve seed collection, processing, and storage;
(ii) increase seedling production, storage, and distribution; or
(iii) enhance seedling survival and properly manage tree genetic resources.
(B) Establish, improve, or expand a nursery or seed orchard, including by acquiring equipment for such nursery or seed orchard.
(C) Develop or implement quality control measures at nurseries or seed orchards.
(D) Promote workforce development within any facet of the reforestation pipeline.
(E) Carry out such other activity as the Secretary determines appropriate.
(c) Definitions.— In this section:
(1) Eligible recipient.— The term eligible recipient means—
(A) a State forestry agency;
(B) an Indian Tribe;
(C) a private nursery that has experience growing high-quality native trees of appropriate genetic sources in bareroot or container stock types specific for reforestation, restoration, or conservation, including native plants and seeds that are of cultural significance to Indian Tribes;
(D) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and
(E) a county or local government with a nursery or seed orchard.
(2) Nursery.— The term nursery means a tree or native plant nursery.
(3) Seed orchard.— The term seed orchard means a tree or native plant seed orchard.
(4) 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.
(d) Authorization of appropriations.— There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2027 through 2031.
(a) Categorical exclusion.—
(1) In general.— Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for high-priority hazard tree activities.
(2) Administration.— In developing and administering the categorical exclusion under paragraph (1), the Secretary shall—
(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion.
(3) Project size limitation.— A project carried out using the categorical exclusion developed under paragraph (1) may not exceed 6,000 acres.
(b) Definitions.— In this section:
(1) High-priority hazard tree.— The term high-priority hazard tree means a standing tree that—
(A) presents a visible hazard to people or property due to conditions such as deterioration of, or damage to, the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary;
(B) is determined by the Secretary to be highly likely to fail and, on failure, would be highly likely to cause injury to people or damage to Federal property; and
(C) is located—
(i) within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5;
(ii) along a National Forest System trail; or
(iii) in a developed recreation site—
(I) that is operated and maintained by the Secretary; and
(II) on National Forest System land.
(2) High-priority hazard tree activity.—
(A) In general.— The term high-priority hazard tree activity means a forest management activity that mitigates the risks associated with high-priority hazard trees, including pruning, felling, and disposal of a high-priority hazard tree.
(B) Exclusions.— The term high-priority hazard tree activity does not include any activity—
(i) conducted in a wilderness area or wilderness study area;
(ii) for the construction of a permanent road or permanent trail;
(iii) conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
(iv) conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or
(v) conducted in an inventoried roadless area.
Section 603(c)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(1)) is amended by striking “3000 acres” and inserting “10,000 acres”.
Section 605(c)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)(1)) is amended by striking “3000 acres” and inserting “10,000 acres”.
Section 40806(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)) is amended by striking “3,000 acres” and inserting “10,000 acres”.
Section 606 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e) is amended—
(1) in subsection (a)(1)(A)—
(A) by striking clause (ii);
(B) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively; and
(C) in clause (iii), as so redesignated, by striking “in a sagebrush steppe ecosystem”;
(2) in subsection (c), by striking “concurrently for both greater sage-grouse and” and inserting “for greater sage-grouse or”; and
(3) by amending subsection (g) to read as follows:
“(g) Limitation.— A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres in a forested ecosystem or 7,500 acres in a rangeland ecosystem.”.
(a) Categorical exclusion established.— Forest management activities described in subsection (b) are a category of activities designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest management activities designated for categorical exclusion.— The forest management activities designated as being categorically excluded under subsection (a) are—
(1) the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) to the Secretary; and
(2) the implementation of routine activities conducted under the plan referred to in paragraph (1).
(c) Availability of categorical exclusion.— On and after the date of the enactment of this Act, the Secretary may use the categorical exclusion established under subsection (a) in accordance with this section.
(d) Exclusion of certain areas.— The categorical exclusion established under subsection (a) shall not apply to any forest management activity conducted—
(1) in a component of the National Wilderness Preservation System; or
(2) on National Forest System lands on which, by Act of Congress, the removal of vegetation is restricted or prohibited.
(e) Permanent roads.—
(1) Prohibition on establishment.— A forest management activity designated under subsection (b) shall not include the establishment of a permanent road.
(2) Existing roads.— The Secretary may carry out necessary maintenance and repair on an existing permanent road for the purposes of conducting a forest management activity designated under subsection (b).
(3) Temporary roads.— The Secretary shall decommission any temporary road constructed for a forest management activity designated under subsection (b) not later than 3 years after the date on which the action is completed.
(f) Applicable law.— A forest management activity designated under subsection (b) shall not be subject to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or section 106 of the National Historic Preservation Act.
(a) In general.— The Secretary may conduct forest management activities on National Forest System land.
(b) Coordination.— In carrying out forest management activities, the Secretary shall, as appropriate, coordinate with impacted parties to increase efficiency and maximize the compatibility of management practices across National Forest System lands.
(c) Objectives.—
(1) In general.— The Secretary shall conduct forest management activities on National Forest System land in a manner that attains multiple ecosystem benefits, including.—
(A) reducing forest fuels;
(B) maintaining the diversity of plant and animal communities;
(C) improving soil, streams, lakes, wetlands, and water quality, including in riparian areas; and
(D) increasing resilience to changing water temperature and precipitation regimes.
(d) Ground disturbance.— Consistent with applicable Federal law and any applicable forest plan, the Secretary shall—
(1) establish criteria for ground conditions following a forest management activity carried out under a forest plan that results in ground disturbances; and
(2) monitor such ground conditions to determine whether desired outcomes or conditions are achieved.
(e) Availability of categorical exclusion for certain forest management activities.— A forest management activity conducted on National Forest System land for the purpose of reducing forest fuels is categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the forest management activity—
(1) does not exceed 10,000 acres, including not more than 3,000 acres of mechanical thinning;
(2) is developed—
(A) in coordination with impacted parties, specifically including representatives of local governments, such as county supervisors or county commissioners; and
(B) in consultation with other entities, as determined by the Secretary/any other entity determined relevant by the Secretary; and
(3) is consistent with any applicable forest plan.
(f) Cooperative authorities.— The Secretary may enter into contracts and cooperative agreements with an impacted party to provide for fuel reduction, soil restoration, erosion control, reforestation, riparian restoration, revegetation, and similar management activities on Federal land and non-Federal land.
(g) Definitions.— In this section:
(1) Forest management activity.— The term forest management activity means a project or activity that is carried out by the Secretary on National Forest System land and is consistent with any applicable forest plan.
(2) Forest plan.— The term forest plan means a land and resource management plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1406).
(3) Impacted parties.— The term impacted parties includes—
(A) State, local, and Tribal governments;
(B) local fire departments;
(C) other relevant volunteer groups.
(4) National Forest System.— The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(a) In general.— With respect to National Forest System lands described in subsection (b), the Secretary, acting through the Chief of the Forest Service—
(1) shall—
(A) use available resources to carry out wildfire suppression with the purpose of containing wildfires detected on such lands not later than 24 hours after such a wildfire is detected; and
(B) carry out wildfire suppression under subparagraph (A) in a manner that is consistent with interagency agreements and applicable standards of firefighter safety;
(2) shall not inhibit the suppression efforts of State or local firefighting agencies that are authorized to respond to wildfire on such lands;
(3) may only use fire as a resource management tool if the fire is a prescribed fire that complies with applicable law and regulations;
(4) may only initiate a backfire or burnout during a wildfire—
(A) by order of the responsible incident commander, in consultation with the appropriate Forest Service line officer; or
(B) in instances that are necessary to protect the health and safety of firefighting personnel;
(5) shall use available resources to control any such initiated backfire or burnout until contained;
(6) shall use available resources, including infrared technologies, to ensure prescribed fires are contained; and
(7) shall update the prescribed fire policies of the Forest Service to reflect the findings and recommendations included in the report entitled “National Prescribed Fire Program Review” published in September 2022 by the Forest Service.
(b) Limitations on scope.— For purposes of subsection (a), the National Forest System lands described in this subsection are National Forest System lands that—
(1) the National Interagency Fire Center has established as a National Wildland Fire Preparedness Level of 5;
(2) contain areas that the U.S. Drought Monitor has rated as having a D2 (severe drought) intensity, D3 (extreme drought) intensity, or D4 (exceptional drought) intensity; or
(3) the Secretary, acting through the Chief of the Forest Service, has identified as being located in a fireshed ranked in the top 10 percent of wildfire exposure, as determined using the most recent published models of fireshed risk exposure published by the Forest Service.
(c) Practices; technology.— To the extent practicable, the Secretary shall employ fuels management practices and work to develop technologies in order to more effectively carry out the requirements under subsection (a)(1)(A).
(d) National Forest System defined.— In this section, the term National Forest System has the meaning given such term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(a) In general.— Notwithstanding any requirement for a Presidential emergency, disaster declaration, or any other prerequisite for the use of the authority described in this subsection, the Secretary is authorized to use emergency acquisition flexibilities under part 18 of title 48, Code of Federal Regulations (and any successor regulations), in contracting for the following services within the covered area:
(1) Forest management or restoration activities carried out in response to the White Sage Fire.
(2) Rebuilding, planning, development, and design of structures affected by the White Sage Fire.
(3) Improvements to the grounds and structures.
(4) Recovery efforts.
(b) Process for other services.— Unless otherwise provided by law or regulation, the authority granted under subsection (a) does not apply to contracts for services other than those described in paragraphs (1) through (4) of subsection (a).
(c) Report.— Not later than 180 days after the Secretary begins to use the authorization under subsection (a), and every 180 days thereafter until the date that is 180 days after the date described in subsection (e), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on all expenditures related to the recovery efforts for the White Sage Fire, including the following:
(1) The expected cost of recovery efforts.
(2) Cost expenditures.
(3) Cost overruns.
(4) Identification of contractors preforming the work associated with the recovery from the White Sage Fire.
(5) Any affiliations or conflicts of interest between the contractor and the contracting office at the Kaibab National Forest or the Forest Service.
(6) Any waste fraud and abuse detected during the recovery efforts.
(7) Any contracts that came in under expected expenses.
(8) An estimated time of completion for all projects and full recovery efforts related to the White Sage Fire.
(9) If an extension is needed to this authority to complete projects associated with the White Sage Fire.
(d) Extension.— If, after the date of the enactment of this section, a new wildfire ignites within the covered area and impacts recovery efforts related to the White Sage Fire, the Secretary may request a 12-month extension of the authority granted under subsection (a), subject to congressional approval.
(e) Expiration.— The authority granted under subsection (a) shall expire on the date that is the earlier of the following:
(1) 5 years after the date of the enactment of this section.
(2) Recovery efforts within the covered area are complete.
(f) Covered area defined.— The term covered area means the areas within Kaibab National Forest impacted by the White Sage Fire.
(a) Forest service plans.— Section 6(d)(2) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)(2)) is amended to read as follows:
“(2) No additional consultation required under certain circumstances.— Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations (or a successor regulation), on a land management plan approved, amended, or revised under this section when—
(A) a new species is listed or critical habitat is designated under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(B) new information reveals effects of the land management plan that may affect a species listed or critical habitat designated under that Act in a manner or to an extent not previously considered.”.
(b) Bureau of land management plans.— Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by adding at the end the following:
“(g) No additional consultation required under certain circumstances.— Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations (or a successor regulation), on a land use plan approved, amended, or revised under this section when—
(1) a new species is listed or critical habitat is designated under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(2) new information reveals effects of the land use plan that may affect a species listed or critical habitat designated under that Act in a manner or to an extent not previously considered.”.
(a) Good neighbor authority.— Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
(1) in subsection (a)(6), by striking “or Indian tribe”;
(2) in subsection (a), by adding at the end the following:
“(11) Special district.— The term special district means a political subdivision of a State that—
(A) has significant budgetary autonomy or control;
(B) was created by or pursuant to the laws of the State for the purpose of performing a limited and specific governmental or proprietary function; and
(C) is distinct from any other local government unit within the State.”.
(3) in subsection (b)—
(A) in paragraph (1)(A), by inserting “, Indian Tribe, special district,” after “Governor”;
(B) in paragraph (2)(C)—
(i) in clause (i)—
(I) by inserting “special district,” after “Indian Tribe,” each place it appears;
(II) in subclause (I)—
(aa) by striking “on”; and
(bb) by striking “; and” and inserting a semicolon;
(III) in subclause (II)(bb), by striking the period at the end and inserting a semicolon; and
(IV) by adding at the end the following:
“(III) to construct new permanent roads on Federal lands that are—
(aa) necessary to implement authorized restoration activities; and
(bb) approved by the Federal agency through environmental analysis or categorical exclusion decision;
(IV) to complete new permanent road construction to replace and decommission an existing permanent road that is adversely impacting forest, rangeland, or watershed health; and
(V) if there are funds remaining after carrying out subclauses (I) through (IV), to carry out authorized restoration services under other good neighbor agreements and for the administration of a good neighbor authority program by a Governor, Indian Tribe, special district, or county.”; and
(ii) in clause (ii), by striking “2028” and inserting “2030”;
(C) in paragraph (3), by inserting “, Indian Tribe, special district,” after “Governor”; and
(D) by striking paragraph (4).
(b) Conforming amendments.— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1) in paragraph (1)(B), by inserting “, Indian Tribe, special district,” after “Governor”; and
(2) in paragraph (5), by inserting “, Indian Tribe, special district,” after “Governor”.
(c) Effective date.— The amendments made by this section apply to any project initiated pursuant to a good neighbor agreement (as defined in section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)))—
(1) before the date of enactment of this Act, if the project was initiated after the date of enactment of the Agriculture Improvement Act of 2018 (Public Law 115–334; 132 Stat. 4490); or
(2) on or after the date of enactment of this Act.
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 inserting “or pathogens” after “species”;
(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 (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 “;”; and
(iii) by adding at the end the following:
“(G) proposals that seek to use innovative implementation mechanisms, including 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; and
(I) proposals that seek to enhance watershed health and drinking water sources.”; and
(B) in paragraph (3)—
(i) by amending subparagraph (A) to read as follows:
“(A) 4 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and”;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph (B); and
(3) in subsection (f)(6), by striking “2019 through 2023” and inserting “2027 through 2031”.
(a) Definitions.— In this section:
(1) Appropriate committees.— The term appropriate committees means—
(A) the Committees on Agriculture, Natural Resources, and Science, Space, and Technology of the House of Representatives; and
(B) the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate.
(2) Covered agency.— The term covered agency means—
(A) the National Park Service;
(B) the United States Fish and Wildlife Service;
(C) the Bureau of Land Management;
(D) the Bureau of Reclamation;
(E) the Forest Service;
(F) the Department of Defense;
(G) the National Oceanic and Atmospheric Administration;
(H) the United States Fire Administration;
(I) the Federal Emergency Management Agency;
(J) the National Aeronautics and Space Administration;
(K) the Bureau of Indian Affairs; and
(L) any other Federal agency involved in wildfire response.
(3) Covered entity.— The term covered entity means—
(A) a private entity;
(B) a nonprofit organization; or
(C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
(4) Pilot program.— The term Pilot Program means the deployment and testbed pilot program developed under subsection (b).
(5) Secretaries.— The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.
(b) Deployment and testbed pilot program established.— Not later than 1 year after the date of the enactment of this Act, the Secretaries, in coordination with the heads of the covered agencies, shall establish a deployment and testbed pilot program for new and innovative wildfire prevention, detection, communication, and mitigation technologies.
(c) Functions.— In carrying out the Pilot Program, the Secretaries shall—
(1) incorporate the Pilot Program into an existing interagency coordinating group on wildfires;
(2) in consultation with the heads of covered agencies, identify key technology priority areas with respect to the deployment of wildfire prevention, detection, communication, and mitigation technologies, including—
(A) hazardous fuels reduction treatments or activities;
(B) dispatch communications;
(C) remote sensing and tracking;
(D) safety equipment; and
(E) common operating pictures or operational dashboards; and
(3) partner with each covered entity selected to participate in the Pilot Program with the appropriate covered agency to coordinate real-time and on-the-ground testing of technology during wildland fire mitigation activities and training.
(d) Applications.— To participate in the Pilot Program, a covered entity shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require, which shall include a proposal to test technologies specific to key technology priority areas identified under subsection (c)(2).
(e) Prioritization of emerging technologies.— In selecting covered entities to participate in the Pilot Program, the Secretaries shall give priority to covered entities developing and applying emerging technologies that address issues identified by the Secretaries, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, augmented reality, and 5G private networks and device-to-device communications supporting nomadic mesh networks, for wildfire mitigation.
(f) Outreach.— The Secretaries, in coordination with the heads of the covered agencies, shall make publicly available the key technology priority areas identified under subsection (c)(2) and invite covered entities to apply to test and demonstrate their technologies to address those priority areas.
(g) Reports and recommendations.— Not later than 1 year after the date of the enactment of this Act, and each year thereafter for the duration of the Pilot Program, the Secretaries shall submit to the appropriate committees a report that includes the following with respect to the Pilot Program:
(1) A list of participating covered entities.
(2) A brief description of the technologies tested by such covered entities.
(3) An estimate of the cost of acquiring the technology tested in the program and applying it at scale.
(4) Outreach efforts by Federal agencies to covered entities developing wildfire technologies.
(5) Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in Federal land management agencies’ wildfire prevention, detection, communication, and mitigation efforts.
(h) Termination.— The Pilot Program shall expire on September 30, 2031.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is amended—
(1) in the section heading, by striking “aces” and inserting “experienced services” (and by conforming the item relating to such section in the table of sections accordingly);
(2) in subsection (a)—
(A) by striking “(a) In General.—”;
(B) by striking “Agriculture Conservation”; and
(C) by inserting “, professional, or administrative” after “technical”; and
(3) by striking subsection (b).
Section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) is amended—
(1) in subsection (d), by striking “$10,000” and inserting “$55,000”; and
(2) by adding at the end the following:
“(j) In the event of extreme risks to a unit of National Forest System land, including catastrophic wildfire, insect and disease outbreak, wind, hurricane, flood, drought, or to avoid impacts from such extreme events, the Secretary may, without an appraisal and under such rules and regulations prescribed by the Secretary, dispose of by sale or otherwise, portions of trees or forest products located on such unit of National Forest System land.”.
(a) In general.— In any special use permit or easement on National Forest System lands provided to an electric utility company (as defined in section 1262 of the Energy Policy Act of 2005 (42 U.S.C. 16451)), the Secretary may provide permission to cut and remove trees or other vegetation from within the vicinity of distribution lines or transmission lines, including hazardous vegetation that increases fire risk, without requiring a separate timber sale if that cutting and removal is consistent with the applicable land management plan.
(b) Use of proceeds.— A special use permit or easement that includes permission for the cutting and removal of trees or other vegetation described in subsection (a) 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, acting through the Chief of the Forest Service, any proceeds received from the sale, less any transportation costs incurred in the sale.
(c) Rule of construction.— Nothing in this section shall be construed to require the sale of any material removed under a special use permit or easement that includes permission for the cutting and removal of trees or other vegetation described in subsection (a).
(a) Strategy.—
(1) In general.— Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall develop and implement a strategy to utilize livestock grazing as a wildfire risk reduction tool on Federal land under the jurisdiction of the Secretary concerned.
(2) Inclusions.— The strategy under paragraph (1) shall include—
(A) the completion of any reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to allow a permittee with a grazing permit in effect to graze on vacant grazing allotments during instances of drought, wildfire, or other natural disaster that disrupt grazing on the allotments covered by such grazing permit;
(B) the use of targeted grazing to reduce hazardous fuels;
(C) an increase in the use of temporary grazing permits to promote targeted fuels reduction and reduction of invasive annual grasses;
(D) an increase in the use of livestock grazing—
(i) to eradicate invasive annual grasses; and
(ii) as a restoration strategy and for post-fire recovery, as appropriate;
(E) the integrated use of advanced technologies to dynamically adjust livestock placement on Federal land under the jurisdiction of the Secretary concerned;
(F) an increase in the use of any authorities applicable to livestock grazing, including modifications to grazing permits or leases to allow variances; and
(G) the use of grazing on Federal land under the jurisdiction of the Secretary concerned in a manner that—
(i) avoids conflicts with other uses of such land; and
(ii) is consistent with any applicable land management plan.
(b) Effect on Existing Grazing Programs.— Nothing in this section affects—
(1) any livestock grazing program carried out by the Secretary concerned as of the date of enactment of this Act; or
(2) any statutory authority for any program described in paragraph (1).
(c) Secretary concerned defined.— In this section, the term Secretary concerned means—
(1) the Secretary of Agriculture, with respect to National Forest System lands; and
(2) the Secretary of the Interior, with respect to public lands.
Section 40808 of the Infrastructure Investment and Jobs Act is amended—
(1) in subsection (g)(2), by inserting “and at least once every 2 fiscal years thereafter” after “and 2023”; and
(2) in subsection (h)(1), by striking “and 2023” and inserting “through 2031”.
Section 8703 of the Agriculture Improvement Act of 2018 is amended—
(1) in the heading, by striking “demonstration project” and inserting “program” (and by conforming the item relating to such section in the table of contents accordingly); and
(2) in subsection (a), by striking “demonstration projects by” and inserting “a program under”.
(a) Definitions.— In this section:
(1) Eligible entity.— The term “eligible entity” means an individual or entity that owns or operates a sawmill or other wood-processing facility located in a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))) of the United States.
(2) Eligible federal land.— The term “eligible Federal land” means any unit of Federal land, including Indian forest land or rangeland, that has been identified by the Secretary, in coordination with the Secretary of the Interior, as high or very high priority for ecological restoration involving vegetation removal under subsection (b).
(3) Program.— The term “Program” means the Timber Production Expansion Guaranteed Loan Program of the Department of Agriculture.
(4) Secretary.— The term “Secretary” means the Secretary of Agriculture.
(b) Identification of eligible federal land.— Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Secretary of the Interior, shall—
(1) review Federal land under the jurisdiction of the Secretary or the Secretary of the Interior; and
(2) identify units of Federal land that, as determined by the Secretaries, are high or very high priority for ecological restoration involving vegetation removal.
(c) Loan guarantees.—
(1) In general.— The Secretary, in coordination with the Secretary of the Interior, shall provide loan guarantees under the Program to eligible entities seeking to establish, reopen, retrofit, expand, or improve a sawmill or other wood-processing facility located within a 250-mile radius of, a unit of eligible Federal land, if the presence of a sawmill or other wood-processing facility would, or does, substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the eligible Federal land, as determined by the Secretary, in coordination with the Secretary of the Interior.
(2) Conditions.— A loan guarantee under the Program shall be provided in accordance with such conditions as the Secretary determines to be necessary.
(3) Maximum amount.— The Secretary may provide a total of not more than $220,000,000 in loan guarantees under the Program.
Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended—
(1) in the heading, by striking “Community Wood Energy And Wood Innovation Program” and inserting “Community Wood Facilities Program”;
(2) in subsection (a)—
(A) in paragraph (1)(A)(iii), in the matter preceding subclause (I), by striking “woody biomass, including residuals” and inserting “primarily forest biomass, including processing or manufacturing residuals”; and
(B) in paragraph (4), by striking “Community Wood Energy and Wood Innovation Program” and inserting “Community Wood Facilities Program”;
(3) in subsection (b), by striking “to be known as” and all that follows through the period at the end and inserting “to be known as the “Community Wood Facilities Program”.”;
(4) in subsection (d), by striking “exceed—” in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting “exceed $5,000,000.”;
(5) in subsection (e)—
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (8) as (1) through (7), respectively; and
(C) in paragraph (1), as so redesignated, by inserting “or market competitiveness” after “cost effectiveness”;
(6) in subsection (f)—
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(C) in paragraph (2), as so redesignated, by striking “use or retrofitting (or both) of existing sawmill” and inserting “construction, use or retrofitting of forest products manufacturing”;
(7) in subsection (g)—
(A) in paragraph (1), by striking “5 megawatts of thermal energy or combined thermal and electric energy” and inserting “15 megawatts of thermal energy or combined thermal and electric energy”; and
(B) in paragraph (2), by striking “25 percent” and inserting “50 percent”; and
(8) in subsection (h), by striking “2023” and inserting “2031”.
(a) Application to transportation costs.— Section 8643(b)(1) of the Agriculture Improvement Act of 2018 (7 U.S.C. 7655d(b)(1)) is amended by inserting “, including the construction of new facilities that advance the purposes of the program and for the hauling of material removed to reduce hazardous fuels to locations where that material can be utilized” before the period at the end.
(b) Targeting To support economic development, enhanced building design, and impact assessment.— Section 8643(c) of the Agriculture Improvement Act of 2018 (7 U.S.C. 7655d(c)) is amended to read as follows:
“(c) Targeting To support economic development, enhanced building design, and impact assessment.— In selecting among proposals of eligible entities under subsection (b)(2), the Secretary may give priority to proposals for projects that—
(1) include the use or retrofitting (or both) of existing sawmill facilities located in counties in which the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent in the previous calendar year;
(2) recognize or enhance carbon reduction strategies in building design and interior wood products, including forest impacts, which can be improved by North American manufacturing; or
(3) include in the proposal of the entity an analysis of the benefits that forest management under the proposal will have on the resilience and economy of the community, including benefits associated with—
(A) wood products from anticipated wood supply areas;
(B) wildfire risk reduction;
(C) increased fiber flow;
(D) the increase of forest or mill jobs; and
(E) support for forested communities.”.
(c) Matching requirement.— Section 8643(d) of the Agriculture Improvement Act of 2018 (7 U.S.C. 7655d(d)) is amended by inserting “50 percent of” before “the amount”.
(a) In general.— Not later than 2 years after the date of the enactment of this Act, the Secretary, acting through the Chief of the Forest Service, in collaboration with the Chief of the Natural Resources Conservation Service and in consultation with federally recognized Indian Tribes, State foresters, and private sector partners, shall establish a publicly available platform to provide measurement, monitoring, verification, and reporting data regarding the carbon emissions, sequestration, storage, and related atmospheric impacts of forest management and wood products.
(b) Activities.— In carrying out subsection (a), the Secretary shall source data, information, and data analysis from Department programs and interagency programs, including—
(1) the Forest Inventory and Analysis program, including the Timber Products Output survey;
(2) Forest Service and Natural Resources Conservation Service soil carbon estimations;
(3) the Forest Products Laboratory;
(4) the Federal Life Cycle Assessment Commons;
(5) Department entity-level guidelines; and
(6) other relevant programmatic data and information sources, as published and made available.
(c) Priorities.— The platform established by subsection (a) shall provide tools that calculate—
(1) the above- and below-ground forest carbon stocks and stock changes associated with species composition, forest management regime, and landowner types (including small area estimations for regional and localized geographies across the United States) made available through Forest Inventory and Analysis updates and annual reports;
(2) the embodied carbon involved in the manufacture of products, using data from published environmental product declarations and life cycle assessments, updated as new and more refined data becomes available;
(3) the long-term stored carbon in manufactured timber products; and
(4) the carbon displacement of wood products, compared to other materials, using substitution factors.
(d) Rule of construction.— Nothing in this section may be construed to provide authority with respect to the generation, consumption, or trading of carbon or environmental credits from National Forest System lands in any voluntary or compliance environmental markets.
(a) Definitions.— In this section:
(1) Biochar.— The term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for nonfuel uses.
(2) Covered Secretaries.— The term covered Secretaries means—
(A) the Secretary, acting through the Chief of the Forest Service;
(B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management; and
(C) the Secretary of Energy, acting through the Director of the Office of Science.
(3) Eligible entity.— The term eligible entity means—
(A) a private, nonprivate, or cooperative entity or organization;
(B) a State, local, special district, or Tribal government;
(C) an eligible institution;
(D) a National Laboratory (as such term is defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(E) a partnership or consortium of two or more entities described in subparagraphs (A) through (D).
(4) Eligible institution.— The term eligible institution means land-grant colleges and universities, including institutions eligible for funding under—
(A) the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.);
(B) the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University;
(C) Public Law 87–788 (commonly known as the “McIntire-Stennis Act of 1962”); or
(D) the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382).
(5) Feedstock.— The term feedstock means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar.
(b) Demonstration projects.—
(1) Establishment.—
(A) In general.— Subject to the availability of appropriations made in advance for such purpose, not later than 2 years after the date of the enactment of this Act, the covered Secretaries shall establish a program to enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection.
(B) Location of demonstration projects.— In carrying out the program established under subparagraph (A), the covered Secretaries shall, to the maximum extent practicable, enter into partnerships with eligible entities such that not fewer than one demonstration project is carried out in each region of the Forest Service and each region of the Bureau of Land Management.
(2) Proposals.— To be eligible to enter into a partnership to carry out a biochar demonstration project under paragraph (1)(A), an eligible entity shall submit to the covered Secretaries a proposal at such time, in such manner, and containing such information as the covered Secretaries may require.
(3) Use of funds.— In carrying out the program established under paragraph (1)(A), the covered Secretaries may enter into partnerships and provide funding to such partnerships to carry out demonstration projects to—
(A) acquire and test various feedstocks and their efficacy;
(B) develop and optimize commercially and technologically viable biochar production units, including mobile and permanent units;
(C) demonstrate—
(i) the production of biochar from forest residue; and
(ii) the use of biochar to restore forest health and resiliency;
(D) build, expand, or establish biochar facilities or biostimulant facilities using sawmill derived residuals;
(E) conduct research on new and innovative uses of biochar;
(F) demonstrate cost-effective market opportunities for biochar and biochar-based products;
(G) carry out any other activities the covered Secretaries determine appropriate; or
(H) do any combination of the activities specified in subparagraphs (A) through (F).
(4) Priority.— In selecting proposals under paragraph (2), the covered Secretaries shall give priority to entering into partnerships with eligible entities that submit proposals to carry out biochar demonstration projects that—
(A) have the most potential to create new jobs and contribute to local economies, particularly in rural areas;
(B) have the most potential to demonstrate—
(i) new and innovative uses of biochar;
(ii) market viability for cost-effective biochar-based products;
(iii) the restorative benefits of biochar with respect to forest health and resiliency, including forest soils and watersheds; or
(iv) any combination of the purposes specified in clauses (i) through (iii);
(C) are located in areas that have a high need for biochar production, as determined by the covered Secretaries, due to—
(i) nearby lands identified as having high or very high or extreme risk of wildfire;
(ii) availability of sufficient quantities of feedstocks; or
(iii) a high level of demand for biochar or other commercial byproducts of biochar; or
(D) satisfy any combination of the purposes specified in subparagraphs (A) through (C).
(5) Feedstock requirements.— To the maximum extent practicable, an eligible entity that carries out a biochar demonstration project under this subsection shall, with respect to the feedstock used under such project, derive at least 50 percent of such feedstock from forest thinning and management activities, including mill residues, conducted on National Forest System lands or public lands.
(6) Review of biochar demonstration.—
(A) In general.— The covered Secretaries shall conduct regionally specific research, including economic analyses and life-cycle assessments, on any biochar produced from a demonstration project carried out under the program established in paragraph (1)(A), including—
(i) the effects of such biochar on—
(I) forest health and resiliency;
(II) carbon capture and sequestration, including increasing soil carbon in the short term and long term;
(III) productivity, reduced input costs, and water retention in agricultural practices;
(IV) the health of soil and grasslands used for grazing activities, including grazing activities on National Forest System land and public land; and
(V) environmental remediation activities, including abandoned mine land remediation;
(ii) the effectiveness of biochar as a coproduct of biofuels or in biochemicals; and
(iii) the effectiveness of other potential uses of biochar to determine if any such use is technologically and commercially viable.
(B) Coordination.— The covered Secretaries shall, to the maximum extent practicable, provide data, analyses, and other relevant information collected under subparagraph (A) with recipients of a grant under subsection (c).
(7) Limitation on funding for establishing biochar facilities.— If the covered Secretaries provide to an eligible entity that enters into a partnership with the covered Secretaries under paragraph (1)(A) funding for establishing a biochar facility, such funding may not exceed 35 percent of the capital cost of establishing such biochar facility.
(c) Biochar research and development grant program.—
(1) Establishment.— The Secretary of the Interior, in consultation with the Secretary of Energy, shall establish or expand an existing applied biochar research and development grant program to make competitive grants to eligible institutions to carry out the activities described in paragraph (3).
(2) Applications.— To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
(3) Use of Funds.— An eligible institution that receives a grant under this subsection shall use the grant funds to conduct applied research on—
(A) the effect of biochar on forest health and resiliency, accounting for variations in biochar, soil, climate, and other factors;
(B) the effect of biochar on soil health and water retention, accounting for variations in biochar, soil, climate, and other factors;
(C) the long-term carbon sequestration potential of biochar;
(D) the best management practices with respect to biochar and biochar-based product that maximize—
(i) carbon sequestration benefits; and
(ii) the commercial viability and application of such products in forestry, agriculture, environmental remediation, water quality improvement, and any other similar uses, as determined by the Secretary;
(E) the regional uses of biochar to increase productivity and profitability, including—
(i) uses in agriculture and environmental remediation; and
(ii) use as a coproduct in fuel production;
(F) new and innovative uses for biochar byproducts; and
(G) opportunities to expand markets for biochar or biostimulants and create related jobs, particularly in rural areas.
(d) Reports.—
(1) Report to congress.— Not later than 2 years after the date of enactment of this Act, the covered Secretaries shall submit to Congress a report that—
(A) includes policy and program recommendations to improve the widespread use of biochar;
(B) identifies any area of research needed to advance biochar commercialization; and
(C) identifies barriers to further biochar commercialization, including permitting and siting considerations.
(2) Materials submitted in support of the president’s budget.— Beginning with the second fiscal year that begins after the date of enactment of this Act and annually thereafter until the date described in subsection (e), the covered Secretaries shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing, for the fiscal year covered by the report, the status of each demonstration project carried out under subsection (b) and each research and development grant carried out under subsection (c).
(e) Sunset.— The authority to carry out this section shall terminate on the date that is 7 years after the date of enactment of this Act.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking “2023” and inserting “2031”.
Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended—
(1) in subsection (c), by adding at the end the following:
“(6) Appointments by applicable regional foresters.— In making appointments under this subsection, the Secretary concerned may act through the applicable regional forester so long as before the applicable regional forester makes an appointment, the applicable regional forester conducts the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee, including any review and analysis with respect to civil rights, budgetary requirements, vetting, and reporting, as the Secretary concerned determines appropriate.”;
(2) in subsection (d)(6), by striking “October 1, 2026” and inserting “October 1, 2031”; and
(3) by striking subsection (g).
(a) Materials submitted in support of President’s budget.—
(1) In general.— Beginning with the first fiscal year that begins after the date of the enactment of this Act, and annually thereafter, the Secretary concerned shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the preceding fiscal year, as determined using—
(A) the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and
(B) the methodology described in paragraph (2).
(2) Requirements.— For purposes of a report required under paragraph (1), the Secretary concerned shall—
(A) in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the period covered by the report—
(i) record acres of Federal land on which hazardous fuels reduction activities were completed during that period; and
(ii) record each acre described in clause (i) once in the report, regardless of whether multiple hazardous fuels reduction activities were carried out on that acre during the applicable period; and
(B) with respect to the acres of Federal land recorded in the report, include information relating to—
(i) which acres are located in the wildland-urban interface;
(ii) the level of hazard potential of the acres on the first and last day of the period covered by the report;
(iii) the types of hazardous fuels reduction activities completed with respect to the acres, including a description of whether those hazardous fuels reduction activities were conducted—
(I) in a wildfire managed for resource benefits; or
(II) through a planned hazardous fuels reduction project;
(iv) the cost per acre of the hazardous fuels reduction activities carried out during the period covered by the report;
(v) the region or System unit in which the acres are located; and
(vi) the effectiveness of the hazardous fuels reduction activities with respect to reducing the risk of wildfire.
(3) Transparency.— The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture or the Department of the Interior, as applicable.
(b) Accurate data collection.—
(1) In general.— Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data related to hazardous fuels reduction activities carried out by the Secretary concerned.
(2) Elements.— The standardized procedures required under paragraph (1) shall include—
(A) regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities;
(B) verification methods that validate whether those data accurately correlate to the hazardous fuels reduction activities carried out by the Secretary concerned;
(C) an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and
(D) for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface.
(3) Report.— Not later than 45 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—
(A) the standardized procedures; and
(B) any programmatic or policy recommendations to Congress to address limitations in tracking data relating to hazardous fuels reduction activities under this subsection.
(c) GAO study.— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(1) conduct a study regarding the implementation of this section, including any limitations with respect to—
(A) reporting hazardous fuels reduction activities under subsection (a); or
(B) tracking data relating to hazardous fuels reduction activities under subsection (b); and
(2) submit to Congress a report that describes the results of the study under paragraph (1).
(d) Definitions.— In this section:
(1) Federal land.— The term Federal land means any land under the jurisdiction of—
(A) the Secretary; or
(B) the Secretary of the Interior.
(2) Hazardous fuels reduction activity.—
(A) In general.— The term hazardous fuels reduction activity means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments, grazing, and prescribed burning.
(B) Exclusion.— The term hazardous fuels reduction activity does not include the awarding of a contract to conduct an activity described in subparagraph (A).
(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.
(e) No additional funds authorized.—
(1) In general.— No additional funds are authorized to carry out this section.
(2) Subject to appropriations.— The activities authorized by this section are subject to the availability of appropriations made in advance for those purposes.
All or part of the programmatic administrative fee, and any fees related to the special use authorization, as appropriate, may be waived by the Secretary, acting through the Chief of the Forest Service, when equitable and in the public interest as determined by the Chief of the Forest Service, for the use and occupancy of National Forest System land in the following circumstances:
(1) The holder of the special use authorization is a State or local government or any agency or instrumentality thereof, excluding municipal utilities and cooperatives whose principal source of revenue is customer charges.
(2) The holder is—
(A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code;
(B) not controlled or owned by a profit-making corporation or business enterprise; and
(C) is engaged in a public or semipublic activity to further public health, safety, or welfare.
(3) The holder is an amateur station, amateur operator, or provides amateur radio services, as those terms are defined in section 97.3 of title 47, Code of Federal Regulations (or successor regulations).
(4) Other circumstances the Secretary, acting through the Chief of the Forest Service, determines appropriate.
(a) Recovery of fair market value for products.—
(1) In general.— The Secretary, acting through the Chief of the Forest Service, shall establish and carry out a program to charge and collect fees under subsection (b) for forest botanical products harvested on National Forest System lands.
(2) Appraisal methods; bidding procedures.— The Secretary, acting through the Chief of the Forest Service, shall establish a fee system based on fair market value for forest botanical products harvested on National Forest System lands.
(b) Fees.—
(1) Imposition and collection.— The Secretary shall charge and collect fees from persons who harvest forest botanical products on National Forest System lands.
(2) Amount of fee.— The fees collected under paragraph (1) shall be based on the fair market value of the harvested forest botanical products and the costs incurred by the Secretary associated with granting, modifying, or monitoring the authorization for harvest of the forest botanical products, including the costs of any environmental or other analysis.
(3) Security.— The Secretary, acting through the Chief of the Forest Service, may require a person assessed a fee under this subsection to provide security to ensure that the Secretary receives the fees imposed under this subsection from the person.
(c) Sustainable harvest levels for forest botanical products.—
(1) In general.— The Secretary, acting through the Chief of the Forest Service, shall—
(A) conduct appropriate analyses to determine whether and how the harvest of forest botanical products on National Forest System lands can be conducted on a sustainable basis; and
(B) establish procedures and timeframes to monitor and revise the harvest levels established for forest botanical products.
(2) Prohibition on harvest in excess of sustainable levels.— The Secretary, acting through the Chief of the Forest Service, may not permit under the program under this section the harvest of forest botanical products on National Forest System lands at levels in excess of sustainable harvest levels, as defined under section 4 of the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 531).
(d) Waiver authority.—
(1) Personal use.— The Secretary, acting through the Chief of the Forest Service, shall establish a personal use harvest level for each forest botanical product, and the harvest of a forest botanical product below that level by a person for personal use shall not be subject to charges and fees under subsections (a) and (b).
(2) Other exceptions.— The Secretary, acting through the Chief of the Forest Service, may also waive the application of subsection (a) or (b) pursuant to such regulations as the Secretary may prescribe.
(e) Deposit and use of funds.—
(1) Deposit.— Funds collected under the program in accordance with subsections (a) and (b) shall be deposited into a special account in the United States Treasury.
(2) Funds available.— Funds deposited into the special account in accordance with paragraph (1) shall remain available until expended without further appropriation.
(3) Authorized uses.— The funds made available under paragraph (2) shall be expended at units of the National Forest System in proportion to the charges and fees collected at that unit under the program under this section to pay for—
(A) the costs of conducting inventories of forest botanical products, determining sustainable levels of harvest, monitoring and assessing the impacts of harvest levels and methods, and for restoration activities, including any necessary revegetation; and
(B) the costs described in subsection (b)(2).
(4) Treatment of fees.— Funds collected under the program in accordance with subsections (a) and (b) shall not be taken into account for the purposes of the following laws:
(A) The sixth paragraph under the heading “forest service” in the Act of May 23, 1908 (16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 500).
(B) The fourteenth paragraph under the heading “forest service” in the Act of March 4, 1913 (16 U.S.C. 501).
(C) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012).
(D) The Act of August 28, 1937 (43 U.S.C. 2601 et seq.) and the Act of May 24, 1939 (43 U.S.C. 2621 et seq.).
(E) Section 6 of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869–4).
(F) Chapter 69 of title 31, United States Code.
(G) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s).
(H) Section 100904 of title 54, United States Code.
(I) Any other provision of law relating to revenue allocation.
(f) Reporting requirements.— As soon as practicable after the end of each fiscal year in which the Secretary collects charges and fees under the program in accordance with subsections (a) and (b) or expends funds from the special account under subsection (e), the Secretary, acting through the Chief of the Forest Service, shall submit to the Congress a report summarizing the activities of the Secretary under the program under this section, including the funds collected under the program in accordance with subsections (a) and (b), the expenses incurred to carry out the program under this section, and the expenditures made from the special account during that fiscal year.
(g) Definitions.— For purposes of this section:
(1) Forest botanical product.— The term forest botanical product—
(A) means any naturally occurring mushroom, fungus, flower, seed, root, bark, leaf, berry, bough, bryophyte, bulb, burl, cone, epiphyte, fern, forb, grass, moss, nut, pine straw, sedge, shrub, transplant, tree sap, or other vegetation (or portion thereof) that grows on National Forest System lands; and
(B) does not include trees, or portions of trees, except as provided in regulations issued under section 339 of the Department of the Interior and Related Agencies Appropriations Act of 2000 (16 U.S.C. 528 note) by the Secretary before the date of enactment of this Act.
(2) National forest system.— The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Section 8 of Public Law 88–657 (16 U.S.C. 538a) is amended—
(1) in subsection (c)(2)—
(A) by striking subparagraph (B) and inserting the following:
“(B) solicit and consider public input regionally in selecting projects for funding under the Program by—
(i) publishing annually, for each region, a list of projects considered for funding under the Program;
(ii) accepting public comment on the projects described in clause (i); and
(iii) considering public comments in selecting projects for funding under the Program;”; and
(B) in subparagraph (D)—
(i) in the matter preceding clause (i), by inserting “annually, for each region,” before “publish”; and
(ii) by striking clause (ii) and inserting the following:
“(ii) a list that includes a description of—
(I) each project considered for funding under the Program;
(II) public comments received on each project described in subclause (I);
(III) the ranking within the applicable region of each project described in subclause (I); and
(IV) the proposed outcome of each project funded under the Program for the applicable fiscal year.”; and
(2) by adding at the end the following:
“(f) Definition of region.— In this section, the term region means one of the 9 regions of the Forest Service.”.
For fiscal year 2026 and each fiscal year thereafter, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a Job Corps graduate (as defined in section 142(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192(5))) to a position in the competitive service in the Forest Service for which the graduate meets the qualification standards.
Section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
“(e) Advance payments.—
(1) In general.— The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service.
(2) Return of funds.— If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned to the Secretary within a reasonable timeframe, as determined by the Secretary.”.
(a) In general.— The requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle 54, United States Code, shall not apply to an application for a communications use authorization on National Forest System lands, including National Forest System lands on which authorized utilities, communications facilities, powerline facilities, or roads have been installed, if—
(1) the communications equipment is located in or on existing infrastructure; or
(2) the communications facility is located on previously analyzed areas of National Forest System lands.
(b) No additional consultation required under certain circumstances.— Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation of the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle 54, United States Code, for an application for a communications use authorization on previously analyzed areas of National Forest System lands if new information concerning a previously analyzed area of National Forest System lands becomes available.
(c) Definitions.— In this section:
(1) Communications facility; communications use authorization.— The terms communications facility and communications use authorization have the meanings given the terms, respectively, in section 8705 of the Agriculture Improvement Act of 2018 (43 U.S.C. 1761a).
(2) Previously analyzed areas of national forest system lands.— The term previously analyzed areas of National Forest System lands means any National Forest System lands with respect to which the Secretary has—
(A) granted, issued, and executed a communications use authorization; and
(B) conducted sufficient environmental or historical reviews.
(3) Secretary.— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(a) Definitions.— In this section:
(1) Deli, inc.— The term Deli, Inc. means Deli, Inc., a sphagnum moss production business located in Millston, Wisconsin.
(2) Deli land.— The term Deli land means the approximately 37.27 acres of land owned or optioned to acquire, subject to the approval of the land exchange by the Wisconsin Department of Natural Resources, the Wisconsin Natural Resources Board, and the Governor of Wisconsin, in 2 separate parcels, by Deli, Inc., and located in Millston, Wisconsin, as depicted on the map and as described as follows:
(A) A parcel of real property containing approximately 31.3 acres (which includes land within the road right-of-way), together with any improvements—
(i) comprising the NE¼NE¼ sec. 29, T. 20 N., R. 2 W., Town of Millston, Jackson County, Wisconsin;
(ii) excluding—
(I) land lying north of the railroad right-of-way; and
(II) a parcel 150 feet wide, with 50 feet lying to the northeast, and 100 feet to the southwest, of a line commencing at a point 5 feet east of the northwest corner of the quarter-quarter section described in clause (i), thence south 56° east 39″ a distance of 222 feet, thence south 57° east 31″ a distance of 1359 feet; and
(iii) subject to—
(I) any public water use or easements on Lee Lake; and
(II) any easements or restrictions of record, public roadways, zoning and use ordinances, and the railroad right-of-way.
(B) A parcel of real property containing approximately 5.97 acres located in the SW¼SW¼ sec. 20, T. 20 N., R. 4 W., Town of Millston, Jackson County, Wisconsin, comprising lot 7 of Certified Survey Map No. 4483, as recorded in volume 19S of the certified survey maps, page 334, as Document No. 413440 in the Jackson County Register of Deeds.
(3) Map.— The term map means the map entitled “Black River State Forest–Deli, Inc.” and dated June 26, 2023.
(4) State.— The term State means the State of Wisconsin.
(5) State forest land.— The term State forest land means the approximately 31.83 acres of land located in the Black River State Forest in Millston, Wisconsin, as depicted on the map and as described as follows:
(A) A parcel containing 23.13 acres—
(i) comprising the portion of the E½SE¼ sec. 20, T. 20 N., R. 2. W., Town of Millston, Jackson County, Wisconsin, lying south of the Interstate Highway 94 southern right-of-way; and
(ii) excluding a triangular parcel in the southwest corner described as commencing at the southwest corner, thence east 260 feet, thence northwesterly to a point on the west boundary thereof 200 feet north of the southwest corner, thence south to the place of beginning.
(B) A parcel containing 8.70 acres comprising the portion of the NE¼NE¼ sec. 29, T. 20 N., R. 2. W., Town of Millston, Jackson County, Wisconsin, lying north of the railroad right-of-way, forming a triangular piece and described as commencing at the northeast corner of that quarter-quarter section, thence west 1010 feet to the north line of the railroad right-of-way, thence southeasterly along the boundary of the railroad to the east line of that quarter-quarter section, thence north on the east line 750 feet to the place of beginning.
(b) Conditional release.—
(1) Findings.— Congress finds that—
(A) the State forest land is subject to a reversionary interest of the United States pursuant to section 32(c) of The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), requiring that the State forest land be used for public purposes in perpetuity; and
(B) the State and Deli, Inc., have agreed that the State will convey the State forest land in exchange for the Deli land, and the Deli land will be added to Black River State Forest in the State.
(2) Conditional release.— If the State offers in a written agreement to convey the State forest land to Deli, Inc., in exchange for the conveyance of the Deli land to the State—
(A) the reversionary interest of the United States in the State forest land shall be released; and
(B) the Secretary shall provide, as expeditiously as possible, recordable evidence of the release under subparagraph (A) in the form of a quitclaim deed, which shall—
(i) convey any interest of the United States in the State forest land without consideration; and
(ii) be provided to the State for recording before the exchange deeds are recorded.
(3) Corrections.— The Secretary, in consultation with the State, may make any necessary corrections to the legal description of the State forest land for purposes of the quitclaim deed described in paragraph (2)(B).
Section 1 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 note) is amended by inserting “or the “Doug LaMalfa Secure Rural Schools Act”” before the period at the end.
(a) Minor range improvements by permittees.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations allowing a permittee to carry out a minor range improvement on the lands with respect to which the permittee holds a grazing permit if—
(1) the permittee notifies the applicable Forest Service district ranger at least 30 days prior to carrying out such minor range improvement; and
(2) such applicable district ranger—
(A) approves the minor range improvement; or
(B) does not respond to notification regarding the minor range improvement.
(b) Range improvements by the secretary.— The Secretary, acting through the applicable district ranger, shall—
(1) respond to a covered request not later than 30 days after the date on which such request is submitted; and
(2) if such response confirms that the Secretary, acting through the applicable district ranger, will carry out the range improvement requested—
(A) notify the district office that serves the area in which such range improvement will occur; and
(B) expedite the carrying out of such range improvement using any available administrative tools or authorities, including categorical exclusions.
(c) Definitions.— In this section:
(1) CFR terms.— The terms grazing permit, permittee, and range improvement have the meanings given those terms, respectively, in section 222.1 of title 36, Code of Federal Regulations (or any successor regulations).
(2) Covered request.— The term covered request means a request submitted by a permittee to the Secretary requesting that the Secretary carry out a range improvement.
(3) Minor range improvement.— The term minor range improvement includes improvements to existing fences and fence lines, wells, water pipelines, and stock tanks.
(a) In general.— Section 402(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(a)) is amended by striking “lands within National Forests in the sixteen contiguous Western States” and inserting “National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) land”.
(b) Effect.— Nothing in the amendment made by subsection (a) modifies or affects—
(1) the applicability to national grasslands of any provision of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) other than section 402 of that Act (43 U.S.C. 1752);
(2) title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or
(3) section 11 of the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1907).
This subtitle may be cited as the “White Oak Resilience Act”.
(a) In general.— The White Oak Restoration Initiative Coalition shall be established—
(1) as a voluntary collaborative group of Federal, State, Tribal, and local governments and private and nongovernmental organizations to carry out the duties described in subsection (b); and
(2) in accordance with the charter titled “White Oak Initiative Coalition Charter” adopted by the White Oak Initiative Board of Directors on March 21, 2023 (or any successor charter).
(b) Duties.— In addition to the duties specified in the charter described in subsection (a)(2), the duties of the White Oak Restoration Initiative Coalition are—
(1) to coordinate Federal, State, Tribal, local, private, and nongovernmental restoration of white oak in the United States; and
(2) to make program and policy recommendations, consistent with applicable forest management plans, with respect to—
(A) changes necessary to address Federal and State policies that impede activities to improve the health, resiliency, and natural regeneration of white oak;
(B) adopting or modifying Federal and State policies to increase the pace and scale of white oak regeneration and resiliency of white oak;
(C) options to enhance communication, coordination, and collaboration between forest landowners, particularly for cross-boundary projects, to improve the health, resiliency, and natural regeneration of white oak;
(D) research gaps that should be addressed to improve the best available science on white oak;
(E) outreach to forest landowners with white oak or white oak regeneration potential; and
(F) options and policies necessary to improve the quality and quantity of white oak in tree nurseries.
(c) Administrative support, technical services, and staff support.— The Secretary of the Interior and the Secretary shall make such personnel available to the White Oak Restoration Initiative Coalition for administrative support, technical services, and development and dissemination of educational materials as the Secretary of the Interior or the Secretary, as applicable, determines necessary to carry out this section.
(a) In general.— The Secretary, acting through the Chief of the Forest Service, shall establish and carry out 5 pilot projects in national forests to restore white oak in such forests through white oak restoration and natural regeneration practices that are consistent with applicable forest management plans.
(b) National forests reserved or withdrawn from public domain.— At least 3 pilot projects required under subsection (a) shall be carried out on national forests reserved or withdrawn from the public domain.
(c) Authority To enter into cooperative agreements.— The Secretary may enter into cooperative agreements to carry out the pilot projects required under subsection (a).
(d) Sunset.— The authority under this section shall terminate on the date that is 7 years after the date of enactment of this Act.
(a) Establishment.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the “White Oak and Upland Oak Habitat Regeneration Program” (in this section referred to as the “Program”).
(b) Duties.— In carrying out the Program, the Secretary shall—
(1) draw upon the best available science and management plans for species of white oak to identify, prioritize, and implement restoration and conservation activities that will improve the growth of white oak within the United States;
(2) collaborate and coordinate with the White Oak Restoration Initiative Coalition to prioritize white oak restoration initiatives;
(3) adopt a white oak restoration strategy that—
(A) supports the implementation of a shared set of science-based restoration and conservation activities developed in accordance with paragraph (1);
(B) targets cost-effective projects with measurable results; and
(C) maximizes restoration outcomes with no net gain of Federal full-time equivalent employees; and
(4) establish the voluntary grant and technical assistance programs in accordance with subsection (e).
(c) Coordination.— In establishing the Program, the Secretary, acting through the Chief of the Forest Service, shall consult with—
(1) the heads of Federal agencies, including—
(A) the Director of the United States Fish and Wildlife Service; and
(B) the Chief of the Natural Resources Conservation Service; and
(2) the Governor of each State in which restoration efforts will be carried out pursuant to the Program.
(d) Purposes.— The purposes of the Program include—
(1) coordinating restoration and conservation activities among Federal, State, Tribal, and local entities and conservation partners to address white oak restoration priorities;
(2) improving and regenerating white oak and upland oak forests and the wildlife habitat such forests provide;
(3) carrying out coordinated restoration and conservation activities that lead to the increased growth of species of white oak in native white oak regions on Federal, State, Tribal, and private land;
(4) facilitating strategic planning to maximize the resilience of white oak systems and habitats under changing climate conditions;
(5) engaging the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and conservation activities for species of white oak; and
(6) increasing scientific capacity to support the planning, monitoring, and research activities necessary to carry out such coordinated restoration and conservation activities.
(e) Grants and assistance.—
(1) In general.— To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program (in this section referred to as the “grant program”) to achieve the purposes of the Program, as described in subsection (d).
(2) Administration.—
(A) In general.— The Secretary shall enter into a cooperative agreement with the National Fish and Wildlife Foundation (in this subsection referred to as the “Foundation”) to manage and administer the grant program.
(B) Funding.— Subject to the availability of appropriations made in advance for such purpose, after the Secretary enters into a cooperative agreement with the Foundation under subparagraph (A), the Foundation shall, for each fiscal year, receive amounts to carry out this subsection in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year.
(3) Application of National Fish and Wildlife Foundation Establishment Act.— Amounts received by the Foundation to carry out the grant program shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)).
(f) Sunset.— The authority under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.
(a) In general.— Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Chief of the Forest Service, shall—
(1) develop and implement a national strategy to increase the capacity of Federal, State, Tribal, and private tree nurseries to address the nationwide shortage of tree seedlings; and
(2) coordinate such strategy with—
(A) the national reforestation strategy of the Forest Service; and
(B) each regional implementation plan for national forests.
(b) Elements.— The strategy required under subsection (a) shall—
(1) be based on the best available science and data; and
(2) identify and address—
(A) regional seedling shortages of bareroot and container tree seedlings;
(B) regional reforestation opportunities and the seedling supply necessary to fulfill such opportunities;
(C) opportunities to enhance seedling diversity and close gaps in seed inventories; and
(D) barriers to expanding, enhancing, or creating new infrastructure to increase nursery capacity.
(a) Study.—
(1) In general.— Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study to evaluate the effectiveness of wildfire mitigation methods available to the Forest Service as a means of reducing the risk of wildfire in covered ecosystems and the severity of damages from such wildfire in communities within or adjacent to covered ecosystems.
(2) Elements.— In carrying out the study under paragraph (1), the Secretary shall, with respect to covered ecosystems—
(A) evaluate the effectiveness and longevity of—
(i) hazardous fuels management activities, including fuel modification through the use of strategic fuel breaks; and
(ii) practices for maintaining the health of native ecosystems, including—
(I) mitigating the development and spread of invasive species, including invasive weeds, grasses, and other vegetation; or
(II) improving the establishment of native shrub and associated species on lands affected by wildfire;
(B) evaluate the effectiveness of policies and protocols of the Forest Service with respect to limiting unintentional ember ignitions attributable to the public or man-made structures, including electrical infrastructure;
(C) study the conditions (including weather, seasonality, and topography) under which each wildfire mitigation method evaluated under the study is most and least effective in reducing the risk of wildland fire;
(D) identify administrative, operational, and budgetary factors that impede the ability of wildland fire managers and wildland firefighters to implement wildfire mitigation methods evaluated under the study; and
(E) evaluate the effectiveness of partnerships between the Forest Service and non-Federal entities in reducing the vulnerability of homes, roadways, and other high-risk structures to ember ignition.
(3) Coordination; consultation.—
(A) Interagency coordination.— In carrying out the study under paragraph (1), the Secretary shall, to the extent practicable and to avoid the duplication of research activities of the Federal Government, act in coordination with—
(i) entities within the Forest Service with expertise in wildfire risk reduction and ecology in covered ecosystems, including the Shrub Sciences Laboratory and the Maintaining Resilient Dryland Ecosystems program; and
(ii) the heads of Federal agencies conducting wildfire mitigation methods or hazardous fuels management activities in covered ecosystems, including the Secretary of the Interior.
(B) Consultation.— In carrying out the study under paragraph (1), the Secretary may, and is encouraged to, solicit consultation from non-Federal public and private entities with relevant expertise in wildfire mitigation methods in covered ecosystems, as determined by the Secretary.
(b) Report.— Not later than 90 days after the date on which the study under subsection (a)(1) is complete, the Secretary shall submit to the relevant Congressional committees, and make publicly available, a report that includes—
(1) a summary of the results of the study;
(2) based on the results of the study, identification by the Secretary of—
(A) best practices for land managers in reducing the risk of wildfire in covered ecosystems; and
(B) any areas implicated by the study that merit further research;
(3) a comparison of the polices and protocols of the Forest Service with respect to reducing the risk of wildfire in covered ecosystems and the best practices identified under paragraph (2)(A); and
(4) an evaluation by the Secretary of opportunities to improve coordination between the Forest Service and non-Federal entities on activities to improve wildfire resilience in covered ecosystems and reduce risks of harm from wildfire to the built environment, particularly in the wildland-urban interface.
(c) Definitions.— In this section:
(1) Covered ecosystems.— The term covered ecosystems means shrubland ecosystems, including—
(A) chaparral;
(B) coastal sage scrub;
(C) sagebrush;
(D) shrub-steppe;
(E) xeric shrubland; and
(F) any other dryland shrub ecosystem in which wildfire management presents a significant challenge, as determined by the Secretary.
(2) Hazardous fuels management activity.— The term hazardous fuels management activity means an activity to manage vegetation to reduce the risk of wildfire.
(3) Relevant Congressional Committees.— The term relevant Congressional committees means—
(A) the committees on Appropriations, Natural Resources, and Agriculture of the House of Representatives; and
(B) the committees on Appropriations, Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the Senate.
(4) Secretary.— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(5) Wildfire mitigation method.— The term wildfire mitigation method means an activity, including a hazardous fuels management activity, undertaken to prevent the ignition of a wildfire or reduce the severity and negative effects of a wildfire.
(6) Wildland-urban interface.— The term wildland-urban interface has the meaning given such term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(a) Short title.— This subtitle may be cited as the “Save Our Sequoias Act”.
(b) Definitions.— In this subtitle:
(1) Assessment.— The term Assessment means the Giant Sequoia Health and Resiliency Assessment required by section 8704.
(2) Coalition.— The term Coalition means the Giant Sequoia Lands Coalition codified under section 8703(a).
(3) Collaborative process.— The term collaborative process means a collaborative process as described in section 4003(b)(2) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(2)).
(4) Covered national forest system lands.— The term covered National Forest System lands means the proclaimed National Forest System lands reserved or withdrawn from the public domain of the United States covering the Sequoia National Forest and Giant Sequoia National Monument, Sierra National Forest, and Tahoe National Forest.
(5) Covered public lands.— The term covered public lands means—
(A) the Case Mountain Extensive Recreation Management Area in California managed by the Bureau of Land Management; and
(B) Kings Canyon National Park, Sequoia National Park, and Yosemite National Park in California managed by the National Park Service.
(6) Giant sequoia.— The term giant sequoia means a tree of the species Sequoiadendron giganteum.
(7) Protection project.— The term Protection Project means a Giant Sequoia Protection Project carried out under section 8705.
(8) Reforestation.— The term reforestation means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through—
(A) natural regeneration;
(B) natural regeneration with site preparation and vegetation competition control; or
(C) planting or direct seeding.
(9) Rehabilitation.— The term rehabilitation means any action taken during the 5-year period beginning on the last day of a wildland fire to repair or improve fire-impacted lands which are unlikely to recover to management-approved conditions.
(10) Relevant congressional committees.— The term relevant Congressional Committees means—
(A) the Committees on Natural Resources, Agriculture, and Appropriations of the House of Representatives; and
(B) the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, and Appropriations of the Senate.
(11) Responsible official.— The term responsible official means an employee of the Department of the Interior or Forest Service who has the authority to make and implement a decision on a proposed action.
(12) Secretary.— The term Secretary means the Secretary of the Interior.
(13) Secretary concerned.— The term Secretary concerned means—
(A) the Secretary of Agriculture, with respect to covered National Forest System lands, or their designee; and
(B) the Secretary of the Interior, with respect to covered public lands, or their designee.
(14) Strategy.— The term Strategy means the Giant Sequoia Reforestation and Rehabilitation Strategy established under section 8706.
(15) Strike team.— The term Strike Team means a Giant Sequoia Strike Team established under section 8707.
(16) Tribe.— The term Tribe means the Tule River Indian Tribe of the Tule River Reservation, California.
(a) In general.— Not later than 90 days after receiving a request from the Governor of the State of California or the Tribe, the Secretary shall enter into or expand an existing shared stewardship agreement or enter into a similar agreement with the Secretary of Agriculture, the Governor of the State of California, and the Tribe to jointly carry out the short-term and long-term management and conservation of giant sequoias.
(b) Participation.—
(1) In general.— If the Secretary has not received a request from the Governor of the State of California or the Tribe under subsection (a) before the date that is 90 days after the date of enactment of this Act, the Secretary shall enter into the agreement under subsection (a) and jointly implement such agreement with the Secretary of Agriculture.
(2) Future participation.— If the Secretary receives a request from the Governor of the State of California or the Tribe any time after entering into the agreement with the Secretary of Agriculture under paragraph (1), the Secretary shall accept the Governor of the State of California or the Tribe as a party to such agreement.
(a) Codification.— The Coalition is the entity established under the charter titled “Giant Sequoia Lands Coalition Charter” (or successor charter) signed during the period beginning June 2, 2022 and ending August 2, 2022 by each of the following:
(1) The National Park Service, representing Sequoia and Kings Canyon National Parks.
(2) The National Park Service, representing Yosemite National Park.
(3) The Forest Service, representing Sequoia National Forest and Giant Sequoia National Monument.
(4) The Forest Service, representing Sierra National Forest.
(5) The Forest Service, representing Tahoe National Forest.
(6) The Bureau of Land Management, representing Case Mountain Extensive Recreation Management Area.
(7) The Tribe, representing the Tule River Indian Reservation.
(8) The State of California, representing Calaveras Big Trees State Park.
(9) The State of California, representing Mountain Home Demonstration State Forest.
(10) The University of California, Berkeley, representing Whitaker’s Research Forest.
(11) The County of Tulare, California, representing Balch Park.
(b) Duties.— In addition to the duties specified in the charter referenced in subsection (a), the Coalition shall—
(1) produce the Assessment under section 8704;
(2) observe implementation, and provide policy recommendations to the Secretary concerned, with respect to—
(A) Protection Projects carried out under section 8705; and
(B) the Strategy established under section 8706;
(3) facilitate collaboration and coordination on Protection Projects, particularly projects that cross jurisdictional boundaries;
(4) facilitate information sharing, including best available science as described in section 8704(d) and mapping resources; and
(5) support the development and dissemination of educational materials and programs that inform the public about the threats to the health and resiliency of giant sequoia groves and actions being taken to reduce the risk to such groves from high-severity wildfire, insects, and drought.
(c) Administrative support, technical services, and staff support.— The Secretary shall make personnel of the Department of the Interior available to the Coalition for administrative support, technical services, development and dissemination of educational materials, and staff support that the Secretary determines necessary to carry out this section.
(d) Public Meeting requirement.—
(1) In general.— Except as provided in paragraph (2), the Coalition shall provide for public observation at no less than one meeting annually.
(2) Closed sessions.— The Coalition may close portions of a meeting as provided in paragraph (1) to the public only when discussion will involve—
(A) sensitive law enforcement, security, or emergency response matters, the public disclosure of which would compromise public safety; or
(B) confidential commercial information, private property information, or landowner information.
(a) In general.— Not later than 6 months after the date of the enactment of this Act, the Coalition shall submit to the relevant Congressional Committees a Giant Sequoia Health and Resiliency Assessment that, based on the best available science—
(1) identifies—
(A) each giant sequoia grove that has experienced a—
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have living giant sequoias within the grove, including identifying the tree mortality and regeneration of giant sequoias within such grove;
(B) each giant sequoia grove that is at high risk of experiencing a stand-replacing disturbance;
(C) lands—
(i) contiguous or adjacent to giant sequoia groves that are at risk of experiencing high-severity wildfires that could adversely impact such giant sequoia groves; or
(ii) in which the placement of fuel breaks could reduce the risk of high-severity wildfires that could adversely impact giant sequoia groves; and
(D) each giant sequoia grove that has experienced a disturbance and is unlikely to naturally regenerate and is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to threats, such as—
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) examines how historical, Tribal, or current approaches to wildland fire suppression and forest management activities across various jurisdictions have impacted the health and resiliency of giant sequoia groves with respect to—
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(4) includes program and policy recommendations that address—
(A) options to enhance communication, coordination, and collaboration, particularly for cross-boundary projects, to improve the health and resiliency of giant sequoias; and
(B) research gaps that should be addressed to improve the best available science on the giant sequoias.
(b) Annual updates.— Not later than 1 year after the submission of the Assessment under subsection (a), and annually thereafter, the Coalition shall submit an updated Assessment to the relevant Congressional Committees that—
(1) includes any new data, information, or best available science that has changed or become available since the previous Assessment was submitted;
(2) with respect to Protection Projects—
(A) includes information on the number of Protection Projects initiated the previous year and the estimated timeline for completing those projects;
(B) includes information on the number of Protection Projects planned in the upcoming year and the estimated timeline for completing those projects;
(C) provides status updates and long-term monitoring reports on giant sequoia groves after the completion of Protection Projects; and
(D) if the Secretary concerned failed to reduce hazardous fuels in at least 3 giant sequoia groves in the previous year, a written explanation that includes—
(i) a detailed explanation of what impediments resulted in failing to reduce hazardous fuels in at least 3 giant sequoia groves; and
(ii) a detailed explanation of what actions the Secretary concerned is taking to ensure that hazardous fuels are reduced in at least 3 giant sequoia groves the following year; and
(3) with respect to reforestation and rehabilitation of giant sequoias—
(A) contains updates on the implementation of the Strategy under section 8706, including grove-level data on reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports on giant sequoia groves that have experienced reforestation or rehabilitation as part of the Strategy under section 8706.
(c) Dashboard.—
(1) Requirement to maintain.— The Coalition shall create and maintain a website that—
(A) publishes the Assessment, annual updates to the Assessment, and other educational materials developed by the Coalition;
(B) contains searchable information about individual giant sequoia groves, including the—
(i) resiliency of such groves to threats described in paragraphs (1) and (2) of subsection (a);
(ii) Protection Projects that have been proposed, initiated, or completed in such groves; and
(iii) reforestation and rehabilitation activities that have been proposed, initiated, or completed in such groves; and
(C) maintains a searchable database to track—
(i) the status of Federal environmental reviews and authorizations for specific Protection Projects and reforestation and rehabilitation activities; and
(ii) the projected cost of Protection Projects and reforestation and rehabilitation activities.
(2) Searchable database.— The Coalition shall include information on the status of Protection Projects in the searchable database created under paragraph (1)(C), including—
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable;
(C) any modifications of the permitting timetable required under subparagraph (A), including an explanation as to why the permitting timetable was modified; and
(D) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.
(d) Best available science.— In utilizing the best available science for the Assessment, the Coalition shall include—
(1) data and peer-reviewed research from academic institutions with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from the Tribe related to improving the health and resiliency of giant sequoia groves; and
(3) data from Federal, State, Tribal, and local governments or agencies, and other interested stakeholders with a demonstrated history of studying giant sequoias and with experience analyzing distinct management strategies to improve giant sequoia resiliency.
(e) Technology improvements.— In carrying out this section, the Secretary may enter into memorandums of understanding or agreements with other Federal agencies or departments, State or local governments, Tribal governments, private entities, or academic institutions to improve, with respect to the Assessment, the use and integration of—
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary determines will benefit the quality of information used in the Assessment.
(f) Planning.— The Coalition shall make information from this Assessment available to the Secretary concerned and State of California to integrate into the—
(1) State of California’s Wildfire and Forest Resilience Action Plan;
(2) Forest Service’s 10-year Wildfire Crisis Strategy (or successor plan); and
(3) Department of the Interior’s Wildfire Risk Five-Year Monitoring, Maintenance, and Treatment Plan (or successor plan).
(g) Relation to the national environmental policy act of 1969.— The development and submission of the Assessment under subsection (a) shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(a) Emergency response to protect giant sequoias.—
(1) In general.—
(A) Emergency determination.— Congress determines that—
(i) an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and
(ii) Protection Projects are necessary to control the immediate impacts of the emergency described in clause (i) and are needed to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands.
(B) Application.— The emergency determination established under subparagraph (A) shall apply to all covered public lands and covered National Forest System lands.
(C) Expiration.— The emergency determination established under subparagraph (A) shall expire on the date that is 7 years after the date of the enactment of this Act.
(2) Implementation.— While the emergency determination established under paragraph (1) is in effect, the following shall apply:
(A) The Secretary concerned, acting through a responsible official, shall carry out Protection Projects on covered public lands and covered National Forest System lands in accordance with this section, all applicable land management plans, and the laws (including regulations) applicable to the Secretary concerned.
(B) A responsible official shall carry out Protection Projects in accordance with the following, as applicable:
(i) Section 220.4(b) of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands.
(ii) Section 46.150 of title 43, Code of Federal Regulations (as in effect October 12, 2022), with respect to covered public lands.
(iii) Section 402.05 of title 50, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
(iv) Section 800.12 of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands.
(C) The rules established under subsections (d) and (e) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c(d), (e)) shall apply with respect to Protection Projects by substituting “Protection Projects” for “authorized emergency action under this section” each place it appears in such subsections.
(D) Protection Projects shall be subject to the requirements of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
(3) Protection projects.— The responsible official shall carry out the following forest management activities as Protection Projects under the emergency determination under this section:
(A) Conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning.
(B) Removing hazard trees, dead trees, or dying trees, as determined by the responsible official.
(C) Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand and the best available science, as determined by the responsible official.
(D) Activities to address insects, disease, invasive species, and vegetative encroachment of a giant sequoia grove.
(E) Any combination of activities described in this paragraph.
(4) Requirements.—
(A) In general.— Protection Projects carried out under paragraph (3) and reforestation and rehabilitation activities carried out under this subtitle that are described by subparagraph (C) are categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(B) Availability.— The Secretary concerned shall use the categorical exclusion established under subparagraph (A) in accordance with this section.
(C) Requirements.— A Protection Project or reforestation or rehabilitation activity is described by this subparagraph if such Protection Project or reforestation or rehabilitation activity—
(i) covers an area of no more than—
(I) 2,000 acres within giant sequoia groves; and
(II) 3,000 acres on lands identified under section 8704(a)(1)(C); and
(ii) occurs on Federal land or non-Federal land with the consent of the non-Federal landowner.
(D) Extraordinary circumstances.— The extraordinary circumstances procedures under provisions (e) through (g) of section 1b.3 of title 7, Code of Federal Regulations, shall apply to a Protection Project or reforestation or rehabilitation activity that is categorically excluded under subparagraph (A).
(E) Use of other authorities.— To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including—
(i) good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act); and
(ii) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act).
(F) Savings clause.— With respect to joint Protection Projects and reforestation and rehabilitation activities involving the Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe.
(b) Implementation.— To the maximum extent practicable, the Secretary concerned shall reduce hazardous fuels in no fewer than 3 giant sequoia groves each year.
(c) Public notice.— The Secretary concerned shall provide notice of each Protection Project on a publicly available website maintained by the Secretary concerned.
(a) Reforestation and rehabilitation strategy.—
(1) In general.— Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Coalition, shall develop and implement a strategy, to be known as the Giant Sequoia Reforestation and Rehabilitation Strategy, to enhance the reforestation and rehabilitation of giant sequoia groves that—
(A) identifies giant sequoia groves in need of reforestation or rehabilitation, giving highest priority to groves identified under section 8704(a)(1)(A)(i);
(B) creates a priority list of reforestation and rehabilitation activities;
(C) identifies and addresses—
(i) barriers to reforestation or rehabilitation, including—
(I) regulatory and funding barriers;
(II) seedling shortages or related nursery infrastructure capacity constraints;
(III) labor and workforce shortages;
(IV) technology and science gaps; and
(V) site preparation challenges;
(ii) potential public-private partnership opportunities to complete high-priority reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog of reforestation for giant sequoias in the 10-year period after the agreement is entered into under section 8702; and
(iv) strategies to ensure genetic diversity across giant sequoia groves; and
(D) includes program and policy recommendations needed to improve the efficiency or effectiveness of the Strategy.
(2) Assessment.— The Secretary may incorporate the Strategy into the Assessment under section 8704.
(b) Priority reforestation projects amendment.— Section 3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended—
(1) in item (bb), by striking “and”;
(2) in item (cc), by striking the period and inserting “; and”; and
(3) by adding at the end the following:
“(dd) shall include reforestation and rehabilitation activities conducted under section 8706 of the Save Our Sequoias Act.”.
(a) Giant sequoia strike teams.—
(1) Establishment.— The Secretary concerned shall each establish a Giant Sequoia Strike Team to assist the Secretary concerned with the implementation of—
(A) primarily, section 8705; and
(B) secondarily, section 8706.
(2) Duties.— Each Strike Team shall—
(A) assist the Secretary concerned with any reviews, including analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), consultations under division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act), and consultations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) implement any necessary site preparation work in advance of or as part of a Protection Project or reforestation or rehabilitation activity;
(C) implement Protection Projects under section 8705; and
(D) implement reforestation or rehabilitation activities under section 8706.
(3) Members.— The Secretary concerned may appoint no more than 10 individuals each to serve on a Strike Team comprised of—
(A) employees of the Department of the Interior;
(B) employees of the Forest Service;
(C) private contractors from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization; and
(D) volunteers from any nonprofit organization, State government, Tribal Government, local government, academic institution, or private organization.
(a) In general.— The Secretary, in consultation with the parties to the agreement under section 8702, shall establish a program or expand an existing program to award grants to eligible entities to advance, facilitate, or improve giant sequoia health and resiliency.
(b) Eligible entity.— The Secretary may award grants under this section to any nonprofit organization, Tribal Government, local government, academic institution, or private organization to help advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.— In awarding grants under this section, the Secretary shall give priority to eligible entities that—
(1) primarily, are likely to have the greatest impact on giant sequoia health and resiliency; and
(2) secondarily—
(A) are small businesses or Tribal entities, particularly in rural areas; and
(B) create or support jobs, particularly in rural areas.
(d) Use of grant funds.— Funds from grants awarded under this section shall be used to—
(1) create, expand, or develop markets for hazardous fuels removed under section 8705, including markets for biomass and biochar;
(2) facilitate hazardous fuel removal under section 8705, including by reducing the cost of transporting hazardous fuels removed as part of a Protection Project;
(3) expand, enhance, develop, or create facilities or land that can store or process hazardous fuels removed under section 8705;
(4) establish, develop, expand, enhance, or improve nursery capacity or infrastructure necessary to facilitate the Strategy established under section 8706; or
(5) support Tribal management and conservation of giant sequoias, including funding for Tribal historic preservation officers.
(a) In general.— Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall—
(1) develop and implement a strategy for monitoring insects in giant sequoia groves with a high-risk or previous history of insect infestations; and
(2) seek to enter into public-private partnerships to deploy technology to assist in the short-term and long-term monitoring of giant sequoia groves with current or potential insect infestations.
(b) Report.— Not later than 2 years after the date of enactment of this Act, the Secretary concerned shall submit a report to the relevant Congressional Committees that contains—
(1) the strategy required under subsection (a)(1);
(2) an update on the effectiveness of the monitoring program in preventing or addressing insect infestations in giant sequoia groves; and
(3) program and policy recommendations to further address—
(A) research gaps regarding giant sequoia resiliency to insects; and
(B) opportunities to improve the resiliency of giant sequoias to insects.
(a) National park service.— Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended—
(1) by amending subsection (a)(2) to read as follows:
“(2) Director.— The term Director means the Director of the Bureau of Land Management with respect to Bureau of Land Management lands and the Director of the National Park Service with respect to lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park.”; and
(2) in subsection (b), by striking “national forests and the public lands” and inserting “national forests, public lands, and lands within Kings Canyon National Park, Sequoia National Park, and Yosemite National Park”.
(b) Giant sequoia stewardship contracts.— Section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended by adding at the end the following:
“(8) Promoting the health and resiliency of giant sequoias.”.
(c) Stewardship contracting in certain national parks.— Stewardship contracting projects occurring in Kings Canyon National Park, Sequoia National Park, and Yosemite National Park shall be carried out in accordance with the laws (including regulations) applicable to the National Park Service, including section 100753 of title 54, United States Code.
(a) In general.— Chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
“101123. Giant Sequoia Emergency Protection Program and Fund.—
(a) Giant sequoia emergency protection program.— The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America’s Public Lands, shall design and implement a comprehensive program to assist and promote philanthropic programs of support that benefit—
(1) primarily, the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
(2) secondarily, the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
(b) Giant sequoia emergency protection fund.—
(1) In general.— The National Park Foundation, in coordination with the National Forest Foundation and the Foundation for America’s Public Lands, shall establish a joint special account to be known as the Giant Sequoia Emergency Protection Fund (referred to in this section as “the Fund”), to be administered in support of the program established under subsection (a).
(2) Funds for giant sequoia emergency protection.— The Fund shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation, National Forest Foundation, or Foundation for America’s Public Lands for the purpose described in paragraph (1).
(3) Use of funds.— Subject to the availability of appropriations made in advance for such purpose, funds shall be available to the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands, subject to paragraph (4), for projects and activities approved by the Director of the National Park Service, Chief of the Forest Service, or Director of the Bureau of Land Management as appropriate, or their designees, to—
(A) primarily, support the management and conservation of giant sequoias on covered public lands and covered National Forest System lands to promote resiliency to wildfires, insects, and drought; and
(B) secondarily, support the reforestation of giant sequoias on covered public lands and covered National Forest System lands impacted by wildfire.
(4) Tribal support.— Of the funds provided to the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands under paragraph (3), not less than 15 percent of such funds shall be used to support Tribal management and conservation of giant sequoias including funding for Tribal historic preservation officers.
(c) Summary.— Beginning 1 year after the date of the enactment of this Act, the National Park Foundation, National Forest Foundation, and Foundation for America’s Public Lands shall include with their annual reports a summary of the status of the program and Fund created under this section that includes—
(1) a statement of the amounts deposited in the Fund during the fiscal year;
(2) the amount of the balance remaining in the Fund at the end of the fiscal year; and
(3) a description of the program and projects funded during the fiscal year.
(d) Definitions.— In this section, the terms covered public lands and covered National Forest System lands have the meaning given such terms in section 1(b) of the Save Our Sequoias Act.
(e) Termination of effectiveness.— The authority provided by this section shall terminate 7 years after the date of enactment of the Save Our Sequoias Act.”.
(b) Conforming amendment.— The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following: