II 

116TH CONGRESS 

2D SESSION S. 4431 

To increase wildfire preparedness and response throughout the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2020 

Mrs. FEINSTEIN (for herself and Mr. DAINES) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To increase wildfire preparedness and response throughout 

the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Wildfire 

5 and Public Safety Act of 2020’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—WILDFIRE MITIGATION PROJECTS 


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Sec. 101. Forest landscape projects. 

Sec. 102. Wildfire detection equipment. 

Sec. 103. Establishment of fuel breaks in forests and other wildland vegetation. 

Sec. 104. Emergency actions. 

Sec. 105. New information in land management plans. 

Sec. 106. Hazard mitigation using disaster assistance. 

TITLE II—BIOMASS 

Sec. 201. Biomass energy infrastructure program. 

TITLE III—TIMBER EXPORTS 

Sec. 301. Exemption to prohibition on export of unprocessed timber of dead 

and dying trees in the State of California. 

TITLE IV—OTHER MATTERS 

Sec. 401. Innovative forest workforce development program. 

Sec. 402. Western prescribed fire center. 

Sec. 403. Retrofits for fire-resilient communities. 

Sec. 404. Critical infrastructure and microgrid program. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) in 2017 and 2018, the State of California, 

4 the State of Montana, and other Western States ex5 perienced some of the deadliest and most destructive 

6 wildfires in the last 100 years, devastating Federal, 

7 State, and private land, destroying tens of thousands 

8 of homes, killing dozens of people, and burning large 

9 areas of land in the wildland-urban interface (as de10 fined in section 101 of the Healthy Forests Restora11 tion Act of 2003 (16 U.S.C. 6511)); 

12 (2) fire suppression practices over several dec13 ades, inadequate levels of forest management, and 

14 climate change have increased the risk of wildfires, 

15 and, according to the Fourth National Climate As16 sessment by the United States Global Change ReVerDate Sep 11 2014 00:52 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4431.IS S4431

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1 search Program, the cumulative number of acres 

2 burned in the period from 1984 to 2015 was twice 

3 the number of acres that would have burned in the 

4 absence of climate change; 

5 (3) increased development in the wildland-urban 

6 interface near overgrown forest landscapes has in7 creased the number of people living in areas that are 

8 at risk of wildfire; 

9 (4) despite legislation enacted over the last 20 

10 years to facilitate hazardous fuels reduction, certain 

11 statutory, regulatory, and administrative require12 ments, including studies, publication periods, season13 specific surveys, and objection processes, and litiga14 tion can significantly impede rapid implementation 

15 of hazardous fuels reduction projects necessary to 

16 protect lives and property; 

17 (5) increasing the pace and scale of science18 based, publicly developed forest management activi19 ties that reduce hazardous fuels, including through 

20 mechanical thinning and controlled burning, can re21 duce the size and scope of wildfires, as well as pro22 tect watersheds, improve fish and wildlife habitat, 

23 expand recreational opportunities, protect air qual24 ity, and increase the sequestration of carbon on NaVerDate Sep 11 2014 00:52 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4431.IS S4431

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1 tional Forest System and Bureau of Land Manage2 ment land; 

3 (6) in 2019, 11,800,000 acres of National For4 est System land in the State of California and 

5 6,300,000 acres of National Forest System land in 

6 the State of Montana were at high or very high wild7 fire hazard potential, of which 3,100,000 acres and 

8 1,600,000 acres, respectively, were within proximity 

9 to populated areas; and 

10 (7) the Governor of the State of California has 

11 proclaimed a ‘‘State of Emergency’’ due to a vast 

12 tree die-off throughout the State that has increased 

13 the risk of wildfires and has created extremely dan14 gerous fire conditions. 

15 SEC. 4. DEFINITIONS. 

16 In this Act: 

17 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

18 means— 

19 (A) land of the National Forest System (as 

20 defined in section 11(a) of the Forest and 

21 Rangeland Renewable Resources Planning Act 

22 of 1974 (16 U.S.C. 1609(a))); and 

23 (B) public lands (as defined in section 103 

24 of the Federal Land Policy and Management 

25 Act of 1976 (43 U.S.C. 1702)). 


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1 (2) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to Federal land described in paragraph 

5 (1)(A); and 

6 (B) the Secretary of the Interior, with re7 spect to Federal land described in paragraph 

8 (1)(B). 

9 TITLE I—WILDFIRE MITIGATION 

10 PROJECTS 

11 SEC. 101. FOREST LANDSCAPE PROJECTS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COLLABORATIVE PROCESS.—The term ‘‘col14 laborative process’’ means a collaborative process de15 scribed in section 4003(b)(2) of the Omnibus Public 

16 Land Management Act of 2009 (16 U.S.C. 

17 7303(b)(2)). 

18 (2) FOREST LANDSCAPE.—The term ‘‘forest 

19 landscape’’ means an area that— 

20 (A) primarily or entirely contains land that 

21 has a high or very high wildfire hazard poten22 tial; 

23 (B) due to a fuel management activity in 

24 the area, would have a reduced risk, as deter25 mined by the Secretary concerned— 


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1 (i) of wildfire endangering a nearby 

2 at-risk community (as defined in section 

3 101 of the Healthy Forests Restoration 

4 Act of 2003 (16 U.S.C. 6511)); 

5 (ii) of wildfire damaging a municipal 

6 watershed or infrastructure that serves an 

7 at-risk community described in clause (i); 

8 or 

9 (iii) of the transmission of a high in10 tensity wildfire from the applicable 

11 wildland-urban interface or forest land12 scape to a nearby community; and 

13 (C) to the extent practicable, is conducive 

14 to the development and implementation of 

15 projects relating to wildfire resilience and forest 

16 health that are carried out through a collabo17 rative process. 

18 (3) FOREST LANDSCAPE PROJECT.—The term 

19 ‘‘forest landscape project’’ means a project carried 

20 out in a forest landscape under subsection (b)(1)— 

21 (A) in which 1 or more management activi22 ties are carried out; and 

23 (B) that takes place on not more than 

24 75,000 acres of Federal land or non-Federal 


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1 land adjacent to Federal land on which the 

2 project is carried out. 

3 (4) MANAGEMENT ACTIVITY.—The term ‘‘man4 agement activity’’ means— 

5 (A) the installation of fuel breaks (including shaded fuel breaks) not more than 1 6 ⁄2-mile 

7 wide across a forest landscape in a strategic 

8 system that maximizes the reduction of wildfire 

9 risk to communities or watersheds; 

10 (B) mechanical thinning (including res11 toration thinning) of a forest landscape to 

12 clear— 

13 (i) surface fuels, such as slash; 

14 (ii) ladder fuels, such as small and 

15 medium diameter trees and shrubs; or 

16 (iii) both of the fuels described in 

17 clauses (i) and (ii); and 

18 (C) controlled burns. 

19 (5) STATE.—The term ‘‘State’’ means a State 

20 the entirety of which is located west of the 100th 

21 meridian. 

22 (6) WILDLIFE HABITAT.—The term ‘‘wildlife 

23 habitat’’ means an ecological community on which a 

24 species of wild animal, bird, plant, fish, amphibian, 


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1 or invertebrate depends for the conservation and 

2 protection of the species. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of enactment of this Act, in accordance 

6 with paragraph (2), the Secretary of Agriculture, in 

7 consultation with the Secretary of the Interior, shall 

8 select 3 forest landscapes on which to conduct forest 

9 landscape projects— 

10 (A) to reduce the risk of wildfire in the 

11 forest landscape; 

12 (B) to restore ecological health to the for13 est landscape; or 

14 (C) to adapt the forest landscape to the in15 creased risk of wildfire due to climate change. 

16 (2) PROCESS.— 

17 (A) PROPOSALS.—The Governor of a State 

18 may submit to the Secretary of Agriculture a 

19 proposal for a forest landscape project to be 

20 carried out in that State. 

21 (B) SELECTION.—The Secretary of Agri22 culture, in consultation with the Secretary of 

23 the Interior, shall select forest landscape 

24 projects to be conducted from among proposals 

25 submitted under subparagraph (A) based on— 


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1 (i) the strength of the proposal and 

2 the strategy for the conduct of the forest 

3 landscape project; 

4 (ii) the strength of the ecological case 

5 of the proposal and the proposed ecological 

6 restoration strategies of the forest land7 scape project; 

8 (iii) the strength of the collaborative 

9 process through which the proposal was 

10 developed and the forest landscape project 

11 will be carried out and the likelihood of 

12 successful collaboration throughout imple13 mentation of the forest landscape project; 

14 (iv) whether the proposed forest land15 scape project is likely to achieve reductions 

16 in long-term wildfire management costs; 

17 (v) whether the proposed forest land18 scape project would reduce the relative 

19 costs of carrying out ecological restoration 

20 treatments; 

21 (vi) whether the proposed forest land22 scape project would provide energy as a re23 sult of the use of woody biomass and 

24 small-diameter trees; and 


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1 (vii) whether an appropriate level of 

2 non-Federal investment would be leveraged 

3 in carrying out the proposed forest land4 scape project. 

5 (C) CONSULTATION.—In selecting pro6 posals under subparagraph (B), the Secretary 

7 of Agriculture, in consultation with the Sec8 retary of the Interior, shall consult with the 

9 Governors of the States that submitted pro10 posals under subparagraph (A). 

11 (3) APPLICABILITY.—The selection of a forest 

12 landscape under this subsection shall not be subject 

13 to the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.) or any other applicable law. 

15 (c) MANAGEMENT ACTIVITIES.—In carrying out a 

16 management activity under a forest landscape project, the 

17 Secretary concerned— 

18 (1) shall maximize the retention of old-growth 

19 stands and large trees, as appropriate for the forest 

20 type, to the extent that the trees promote stands 

21 that are resilient to wildfire and increased average 

22 temperature; 

23 (2) shall consider the best available scientific 

24 information to maintain or restore the ecological in25 tegrity of the forest landscape; and 


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1 (3) shall not establish a permanent road. 

2 (d) ENVIRONMENTAL ANALYSIS.— 

3 (1) APPLICATION TO CERTAIN ENVIRONMENTAL

4 ASSESSMENTS AND ENVIRONMENTAL IMPACT STATE5 MENTS.—This subsection shall apply in any case in 

6 which the Secretary concerned prepares an environ7 mental assessment or an environmental impact 

8 statement pursuant to section 102(2) of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4332(2)) for a forest landscape project— 

11 (A) that— 

12 (i) is developed through a collabo13 rative process; or 

14 (ii) is covered by a community wildfire 

15 protection plan; 

16 (B) the primary purpose of which is— 

17 (i) reducing hazardous fuel loads; 

18 (ii) installing fuel and fire breaks; 

19 (iii) restoring forest health and resil20 ience; 

21 (iv) protecting a municipal water sup22 ply or a critical communication site; 

23 (v) improving wildlife habitat to meet 

24 management and conservation goals, in25 cluding State population goals; or 


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1 (vi) a combination of 2 or more of the 

2 purposes described in clauses (i) through 

3 (v); and 

4 (C) that does not include any action that 

5 is inconsistent with the applicable land and re6 source management plan. 

7 (2) CONSIDERATION OF ALTERNATIVES.—In an 

8 environmental assessment or environmental impact 

9 statement described in paragraph (1), the Secretary 

10 concerned shall study, develop, and describe only the 

11 following alternatives: 

12 (A) The forest landscape project, as pro13 posed under paragraph (1). 

14 (B) A forest management activity or com15 bination of forest management activities pro16 posed by the relevant agency. 

17 (C) The alternative of no action. 

18 (3) ELEMENTS OF NO-ACTION ALTERNATIVE.— 

19 In the case of the alternative of no action, the Sec20 retary concerned shall evaluate the effect of no ac21 tion only on— 

22 (A) forest health; 

23 (B) wildlife habitat; 

24 (C) wildfire potential; 

25 (D) insect and disease potential; 


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1 (E) economic and social factors; and 

2 (F) water quality and quantity. 

3 (4) EXCLUSIONS.—This subsection does not 

4 apply to— 

5 (A) any component of the National Wilder6 ness Preservation System; 

7 (B) any congressionally designated wilder8 ness study area; 

9 (C) any component of the National Wild 

10 and Scenic Rivers System; 

11 (D) any research natural area; 

12 (E) any National Forest System land or 

13 public land on which the removal of vegetation 

14 is prohibited by an Act of Congress or the 

15 President; 

16 (F) any land in an inventoried roadless 

17 area; or 

18 (G) any designated critical habitat for a 

19 federally listed threatened or endangered spe20 cies, unless, after a consultation under section 

21 7 of the Endangered Species Act of 1973 (16 

22 U.S.C. 1536), the Secretary of the Interior, act23 ing through the Director of the United States 

24 Fish and Wildlife Service, determines that the 


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1 forest management activity is not likely to de2 stroy or adversely modify the critical habitat. 

3 (5) ROAD BUILDING.— 

4 (A) PERMANENT ROADS.—A forest land5 scape project carried out under this section 

6 shall not include the construction of any new, 

7 permanent road. 

8 (B) EXISTING ROADS.—The Secretary con9 cerned may carry out necessary maintenance of, 

10 repairs to, or reconstruction of an existing per11 manent road under a forest landscape project 

12 carried out under this section. 

13 (C) TEMPORARY ROADS.—The Secretary 

14 concerned shall decommission any temporary 

15 road constructed under a forest landscape 

16 project carried out under this section by not 

17 later than 3 years after the date on which the 

18 Secretary concerned determines the road is no 

19 longer needed. 

20 (6) JUDICIAL REVIEW IN UNITED STATES DIS21 TRICT COURTS.— 

22 (A) VENUE.—Notwithstanding section 

23 1391 of title 28, United States Code, or other 

24 applicable law, a forest landscape project for 

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1 ronmental impact statement is prepared under 

2 paragraph (2)(A) shall be subject to judicial re3 view only in— 

4 (i) the United States district court for 

5 a district in which the Federal land to be 

6 treated under the forest landscape project 

7 is located; or 

8 (ii) the United States district court 

9 for the District of Columbia. 

10 (B) EXPEDITIOUS COMPLETION OF JUDI11 CIAL REVIEW.—In the judicial review of an ac12 tion challenging a forest landscape project de13 scribed in subparagraph (A), Congress encour14 ages a court of competent jurisdiction to expe15 dite, to the maximum extent practicable, the 

16 proceedings in the action with the goal of ren17 dering a final determination on jurisdiction, 

18 and, if jurisdiction exists, a final determination 

19 on the merits, as soon as practicable after the 

20 date on which a complaint or appeal is filed to 

21 initiate the action. 

22 (C) INJUNCTIONS.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii), the length of any preliminary injunc25 tive relief or stay pending appeal covering 


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1 a forest landscape project described in sub2 paragraph (A) shall not exceed 60 days. 

3 (ii) RENEWAL.— 

4 (I) IN GENERAL.—A court of 

5 competent jurisdiction may issue 1 or 

6 more renewals of any preliminary in7 junction, or stay pending appeal, 

8 granted under clause (i). 

9 (II) UPDATES.—In each renewal 

10 of an injunction in an action, the par11 ties to the action shall present the 

12 court with updated information on the 

13 status of the forest landscape project. 

14 (iii) REQUIREMENT FOR INJUNC15 TION.—A court shall not enjoin an agency 

16 action under a forest landscape project de17 scribed in subparagraph (A) if the court 

18 determines that the plaintiff is unable to 

19 demonstrate that the claim of the plaintiff 

20 is likely to succeed on the merits. 

21 (iv) BALANCING OF SHORT- AND

22 LONG-TERM EFFECTS.—As part of weigh23 ing the equities while considering any re24 quest for an injunction that applies to an 

25 agency action under a forest landscape 


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1 project described in subparagraph (A), the 

2 court reviewing the project shall balance 

3 the impact to the ecosystem likely affected 

4 by the project of— 

5 (I) the short- and long-term ef6 fects of undertaking the agency ac7 tion; against 

8 (II) the short- and long-term ef9 fects of not undertaking the agency 

10 action. 

11 (e) USE OF OTHER AUTHORITIES.—Each Secretary 

12 concerned shall seek to use existing statutory and adminis13 trative authorities, including a good neighbor agreement 

14 entered into under section 8206 of the Agricultural Act 

15 of 2014 (16 U.S.C. 2113a), to carry out each forest land16 scape project. 

17 (f) REPORTS.—Not later than the last day of each 

18 fiscal year, each Secretary concerned shall submit a report 

19 describing the impacts on wildfire risk and the environ20 ment of forest landscape projects carried out under this 

21 section to— 

22 (1) the Committee on Energy and Natural Re23 sources of the Senate; 

24 (2) the Committee on Natural Resources of the 

25 House of Representatives; 


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1 (3) the Committee on Agriculture, Nutrition, 

2 and Forestry of the Senate; and 

3 (4) the Committee on Agriculture of the House 

4 of Representatives. 

5 (g) FUNDING.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this section such sums as may be necessary for each 

9 fiscal year. 

10 (2) NON-FEDERAL FUNDING.—Each Secretary 

11 concerned shall seek additional funding to carry out 

12 this section from private and State sources. 

13 SEC. 102. WILDFIRE DETECTION EQUIPMENT. 

14 (a) IN GENERAL.—Title VI of the Healthy Forests 

15 Restoration Act of 2003 (16 U.S.C. 6591 et seq.) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 607. WILDFIRE DETECTION EQUIPMENT. 

18 ‘‘To the extent practicable, the Secretary of Agri19 culture and the Secretary of the Interior shall— 

20 ‘‘(1) expedite the placement of wildfire detec21 tion equipment, such as sensors, cameras, and other 

22 relevant equipment, in areas at risk of wildfire; 

23 ‘‘(2) expand the use of satellite data to assist 

24 wildfire response; and 


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1 ‘‘(3) expedite any permitting required by the 

2 Secretary of Agriculture or the Secretary of the In3 terior for the installation, maintenance, or removal 

4 of wildfire detection equipment.’’. 

5 (b) TECHNICAL AMENDMENT.—The table of contents 

6 for the Healthy Forests Restoration Act of 2003 (16 

7 U.S.C. 6501 note; Public Law 108–148) is amended by 

8 adding at the end of the items relating to title VI the fol9 lowing: 

‘‘Sec. 607. Wildfire detection equipment.’’. 

10 SEC. 103. ESTABLISHMENT OF FUEL BREAKS IN FORESTS 

11 AND OTHER WILDLAND VEGETATION. 

12 (a) DEFINITIONS.—In this section: 

13 (1) HABITAT OF SIGNIFICANT VALUE.—The 

14 term ‘‘habitat of significant value’’ means a wildlife 

15 habitat (as defined in section 101(a))— 

16 (A) of national, statewide, or regional eco17 logical importance; 

18 (B) that is identified as a candidate for 

19 protection, fully protected, sensitive, or as a 

20 habitat for a species of special status by a State 

21 or Federal agency; or 

22 (C) that is essential to the movement of 

23 resident or migratory wildlife. 

24 (2) RIPARIAN AREA.—The term ‘‘riparian area’’ 

25 means an area— 


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1 (A) that is transitional between terrestrial 

2 and aquatic ecosystems; 

3 (B) that is distinguished by gradients in 

4 biophysical conditions, ecological processes, and 

5 biota; 

6 (C) through which surface and subsurface 

7 hydrology connect bodies of water with adjacent 

8 uplands; 

9 (D) that is adjacent to perennial, intermit10 tent, and ephemeral streams, lakes, or estuarine 

11 or marine shorelines; and 

12 (E) that includes the portions of terrestrial 

13 ecosystems that significantly influence ex14 changes of energy and matter with aquatic eco15 systems. 

16 (3) SECRETARY.—The term ‘‘Secretary’’ has 

17 the meaning given the term in section 101 of the 

18 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

19 6511). 

20 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For21 est management activities described in subsection (c) are 

22 a category of actions designated as being categorically ex23 cluded from the preparation of an environmental assess24 ment or an environmental impact statement under section 


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1 102 of the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4332). 

3 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED

4 FOR CATEGORICAL EXCLUSION.— 

5 (1) IN GENERAL.—The category of forest man6 agement activities designated under subsection (b) 

7 for a categorical exclusion are forest management 

8 activities described in paragraph (2) that are carried 

9 out by the Secretary on Federal land (as defined in 

10 section 3 of the Healthy Forests Restoration Act of 

11 2003 (16 U.S.C. 6502)) the primary purpose of 

12 which is to establish and maintain linear fuel breaks 

13 that are— 

14 (A) up to 1,000 feet in width adjacent to, 

15 and incorporating, existing linear features, such 

16 as roads, trails, transmission lines, and pipe17 lines of any length on Federal land; and 

18 (B) intended to reduce the risk of wildfire 

19 on the Federal land or an adjacent at-risk com20 munity. 

21 (2) ACTIVITIES.—Subject to paragraph (3), the 

22 forest management activities that may be carried out 

23 pursuant to the categorical exclusion established 

24 under subsection (b) are— 

25 (A) mowing or masticating; 


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1 (B) thinning by manual and mechanical 

2 cutting; 

3 (C) piling, yarding, and removal of slash; 

4 (D) selling of vegetation products, includ5 ing timber, firewood, biomass, slash, and fence6 posts; 

7 (E) targeted grazing; 

8 (F) application of— 

9 (i) pesticide; 

10 (ii) biopesticide; or 

11 (iii) herbicide; 

12 (G) seeding of native species; 

13 (H) controlled burns and broadcast burn14 ing; and 

15 (I) burning of piles, including jackpot 

16 piles. 

17 (3) EXCLUDED ACTIVITIES.—A forest manage18 ment activity described in paragraph (2) may not be 

19 carried out pursuant to the categorical exclusion es20 tablished under subsection (b) if the activity is con21 ducted— 

22 (A) in a wilderness area or wilderness 

23 study area; 

24 (B) for the construction of a permanent 

25 road or permanent trail; 


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1 (C) on National Forest System land or 

2 land managed by the Bureau of Land Manage3 ment on which the removal of vegetation is pro4 hibited or restricted by Congress or the Presi5 dent; or 

6 (D) in an area in which the activity 

7 would— 

8 (i) be inconsistent with the applicable 

9 land and resource management plan; 

10 (ii) have a substantial adverse impact 

11 on— 

12 (I) wetlands, as defined in the 

13 United States Fish and Wildlife Serv14 ice Manual, part 660 FW 2 (June 21, 

15 1993); 

16 (II) a riparian area; or 

17 (III) a habitat of significant 

18 value; or 

19 (iii) harm— 

20 (I) any species protected by the 

21 Endangered Species Act of 1973 (16 

22 U.S.C. 1531 et seq.); or 

23 (II) the habitat of a species de24 scribed in subclause (I). 


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1 (4) EXTRAORDINARY CIRCUMSTANCES.—The 

2 Secretary shall apply the extraordinary cir3 cumstances procedures under section 220.6 of title 

4 36, Code of Federal Regulations (or a successor reg5 ulation), in determining whether to use a categorical 

6 exclusion under subsection (b). 

7 (d) ACREAGE AND LOCATION LIMITATIONS.—Treat8 ments of vegetation in linear fuel breaks covered by the 

9 categorical exclusion established under subsection (b)— 

10 (1) may not contain treatment units in excess 

11 of 3,000 acres; and 

12 (2) shall be located primarily in an area de13 scribed in section 605(c)(2) of the Healthy Forests 

14 Restoration Act of 2003 (16 U.S.C. 6591d(c)(2)). 

15 SEC. 104. EMERGENCY ACTIONS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) EMERGENCY ACTION.—The term ‘‘emer18 gency action’’ means an action carried out pursuant 

19 to an emergency situation determination to mitigate 

20 the harm to life, property, or important natural or 

21 cultural resources on National Forest System land 

22 or adjacent land. 

23 (2) EMERGENCY SITUATION.—The term ‘‘emer24 gency situation’’ means a situation on National For25 est System land for which immediate implementation 


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1 of a decision is necessary to achieve 1 or more of the 

2 following results: 

3 (A) Relief from hazards threatening 

4 human health and safety. 

5 (B) Mitigation of threats to natural re6 sources on National Forest System land or ad7 jacent land. 

8 (3) EMERGENCY SITUATION DETERMINATION.— 

9 The term ‘‘emergency situation determination’’ 

10 means a determination made by the Secretary under 

11 subsection (b)(1)(A). 

12 (4) LAND AND RESOURCE MANAGEMENT

13 PLAN.—The term ‘‘land and resource management 

14 plan’’ means a plan developed under section 6 of the 

15 Forest and Rangeland Renewable Resources Plan16 ning Act of 1974 (16 U.S.C. 1604). 

17 (5) NATIONAL FOREST SYSTEM LAND.—The 

18 term ‘‘National Forest System land’’ means land of 

19 the National Forest System (as defined in section 

20 11(a) of the Forest and Rangeland Renewable Re21 sources Planning Act of 1974 (16 U.S.C. 1609(a))). 

22 (6) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 

24 (b) AUTHORIZED EMERGENCY ACTIONS TO RE25 SPOND TO EMERGENCY SITUATIONS.— 


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1 (1) DETERMINATION.— 

2 (A) IN GENERAL.—The Secretary may 

3 make a determination that an emergency situa4 tion exists with respect to National Forest Sys5 tem land. 

6 (B) REVIEW.—An emergency situation de7 termination shall not be subject to objection 

8 under the predecisional administrative review 

9 processes under part 218 of title 36, Code of 

10 Federal Regulations (or successor regulations). 

11 (C) APPLICABILITY.—An emergency situa12 tion determination shall not be subject to the 

13 National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.) or any other applicable 

15 law. 

16 (2) AUTHORIZED EMERGENCY ACTIONS.—After 

17 making an emergency situation determination with 

18 respect to National Forest System land, the Sec19 retary may carry out emergency actions on that Na20 tional Forest System land, including through— 

21 (A) the salvage of dead or dying trees; 

22 (B) the harvest of trees damaged by wind 

23 or ice; 

24 (C) the commercial and noncommercial 

25 sanitation harvest of trees to control insects or 


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1 disease, including trees already infested with in2 sects or disease; 

3 (D) the reforestation or replanting of fire4 impacted areas through planting, control of 

5 competing vegetation, or other activities that 

6 enhance natural regeneration and restore forest 

7 species; 

8 (E) the removal of hazardous trees in close 

9 proximity to roads and trails; 

10 (F) the reconstruction of existing utility 

11 lines; and 

12 (G) the replacement of underground ca13 bles. 

14 (3) RELATION TO LAND AND RESOURCE MAN15 AGEMENT PLANS.—To the maximum extent prac16 ticable, an emergency action carried out under para17 graph (2) shall be conducted consistent with the 

18 land and resource management plan. 

19 (4) ACREAGE LIMITATIONS.—A treatment area 

20 covered by an emergency situation determination on 

21 which an emergency action is carried out pursuant 

22 to paragraph (2) shall consist of not more than 

23 10,000 acres of National Forest System land. 

24 (c) ENVIRONMENTAL ANALYSIS.— 


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1 (1) ENVIRONMENTAL ASSESSMENT OR ENVI2 RONMENTAL IMPACT STATEMENT.—If the Secretary 

3 determines that an emergency action requires an en4 vironmental assessment or an environmental impact 

5 statement pursuant to section 102(2) of the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 

7 4332(2)), the Secretary shall study, develop, and de8 scribe— 

9 (A) the proposed agency action; and 

10 (B) the alternative of no action. 

11 (2) PUBLIC NOTICE.—The Secretary shall pro12 vide notice of each emergency action that the Sec13 retary determines requires an environmental assess14 ment or environmental impact statement under 

15 paragraph (1), in accordance with applicable regula16 tions and administrative guidelines. 

17 (3) PUBLIC COMMENT.—The Secretary shall 

18 provide an opportunity for public comment during 

19 the preparation of any environmental assessment or 

20 environmental impact statement under paragraph 

21 (1). 

22 (4) SAVINGS CLAUSE.—Nothing in this sub23 section prohibits the Secretary from making an 

24 emergency situation determination, including a de25 termination that an emergency exists pursuant to 


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1 section 220.4(b) of title 36, Code of Federal Regula2 tions (or successor regulations), that makes it nec3 essary to take an emergency action before preparing 

4 an environmental assessment or environmental im5 pact statement under the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

7 (d) ADMINISTRATIVE REVIEW OF EMERGENCY AC8 TIONS.—An emergency action carried out under this sec9 tion shall not be subject to objection under the 

10 predecisional administrative review processes established 

11 under section 105 of the Healthy Forests Restoration Act 

12 of 2003 (16 U.S.C. 6515) and section 428 of the Depart13 ment of the Interior, Environment, and Related Agencies 

14 Appropriations Act, 2012 (16 U.S.C. 6515 note; Public 

15 Law 112–74). 

16 (e) JUDICIAL REVIEW OF EMERGENCY ACTIONS.— 

17 Section 106 of the Healthy Forests Restoration Act of 

18 2003 (16 U.S.C. 6516) shall apply to an emergency action 

19 carried out under this section. 

20 SEC. 105. NEW INFORMATION IN LAND MANAGEMENT 

21 PLANS. 

22 (a) REINITIATION OF CONSULTATION; ACTIONS ON

23 FEDERAL LAND.— 

24 (1) IN GENERAL.—The Secretary concerned 

25 shall not be required to reinitiate consultation under 


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1 section 7(a)(2) of the Endangered Species Act of 

2 1973 (16 U.S.C. 1536(a)(2)) on a Federal action 

3 described in subsection (b) for new information af4 fecting the listing of a species as threatened or en5 dangered or the designation of critical habitat under 

6 that Act (16 U.S.C. 1531 et seq.) unless the new in7 formation was— 

8 (A) influential scientific information (as 

9 defined in the guidance document prepared by 

10 the Office of Management and Budget entitled 

11 ‘‘Final Information Quality Bulletin for Peer 

12 Review’’ and dated December 16, 2004); 

13 (B) peer reviewed; and 

14 (C) printed in a publication that is publicly 

15 accessible. 

16 (2) ACTIONS ON FEDERAL LAND.—While any 

17 consultation initiated under paragraph (1) is pend18 ing, the Secretary concerned may take an action on 

19 Federal land to implement a land management plan, 

20 a resource management plan, or a regulation relat21 ing to Federal land that is the subject of the new 

22 information, if the Secretary concerned complies 

23 with section 7 of the Endangered Species Act of 

24 1973 (16 U.S.C. 1536) regarding that action. 


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1 (b) FEDERAL ACTIONS DESCRIBED.—A Federal ac2 tion referred to in subsection (a) is any of the following: 

3 (1) An action on Federal land. 

4 (2) A land management plan or resource man5 agement plan. 

6 (c) IRREVERSIBLE OR IRRETRIEVABLE COMMIT7 MENTS.—An action described in subsection (a)(2) shall 

8 not be considered an irreversible or irretrievable commit9 ment of resources to implement a land management plan, 

10 a resource management plan, or a regulation relating to 

11 Federal land. 

12 (d) EFFECT OF SECTION.—Nothing in this section 

13 affects any applicable requirement of the Secretary con14 cerned to consult with the head of any other Federal de15 partment or agency— 

16 (1) regarding any project carried out, or pro17 posed to be carried out, to implement a land man18 agement plan or resource management plan pursu19 ant to the Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.), including any requirement to 

21 consult regarding the consideration of cumulative 

22 impacts of completed, ongoing, and planned projects; 

23 or 

24 (2) with respect to— 


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1 (A) an amendment or revision to a land 

2 management plan; or 

3 (B) a regulation relating to Federal land. 

4 SEC. 106. HAZARD MITIGATION USING DISASTER ASSIST5 ANCE. 

6 Section 404(f)(12) of the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act (42 U.S.C. 

8 5170c(f)(12)) is amended— 

9 (1) by inserting ‘‘and wildfire’’ after ‘‘wind10 storm’’; 

11 (2) by striking ‘‘including replacing’’ and in12 serting the following: ‘‘including— 

13 ‘‘(A) replacing’’; 

14 (3) in subparagraph (A) (as so designated)— 

15 (A) by inserting ‘‘, wildfire,’’ after ‘‘ex16 treme wind’’; and 

17 (B) by adding ‘‘and’’ after the semicolon 

18 at the end; and 

19 (4) by adding at the end the following: 

20 ‘‘(B) the installation of fire-resistant wires 

21 and infrastructure and the undergrounding of 

22 wires;’’. 

23 TITLE II—BIOMASS 

24 SEC. 201. BIOMASS ENERGY INFRASTRUCTURE PROGRAM. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) AREA OF ECONOMIC NEED.—The term 

2 ‘‘area of economic need’’ has the meaning given the 

3 term ‘‘qualified opportunity zone’’ in section 1400Z– 

4 1(a) of the Internal Revenue Code of 1986. 

5 (2) BIOMASS.—The term ‘‘biomass’’ means 

6 slash, thinnings, or invasive species from National 

7 Forest System land and public lands (as defined in 

8 section 103 of the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1702)) that— 

10 (A) are byproducts of preventive treat11 ments that are removed— 

12 (i) to reduce hazardous fuels; 

13 (ii) to reduce or contain disease or in14 sect infestation; or 

15 (iii) to restore ecosystem health; 

16 (B) are byproducts of wildfire fuel treat17 ments; 

18 (C) would not otherwise be used for high19 er-value products; and 

20 (D) are harvested— 

21 (i) in accordance with applicable law 

22 and land management plans; 

23 (ii) in accordance with the require24 ments for— 


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1 (I) old-growth maintenance, res2 toration, and management direction 

3 under paragraphs (2), (3), and (4) of 

4 subsection (e) of section 102 of the 

5 Healthy Forests Restoration Act of 

6 2003 (16 U.S.C. 6512); and 

7 (II) large tree retention under 

8 subsection (f) of that section; and 

9 (iii) in a manner that retains a min10 imum quantity of coarse woody debris for 

11 habitat, nutrient recycling, and soil con12 servation. 

13 (3) BIOMASS CONVERSION FACILITY.—The 

14 term ‘‘biomass conversion facility’’ means a facility 

15 that converts or proposes to convert biomass, includ16 ing through gasification, into— 

17 (A) heat; 

18 (B) power; 

19 (C) biobased products; 

20 (D) advanced biofuels; or 

21 (E) any combination of the outputs de22 scribed in subparagraphs (A) through (D). 

23 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ means— 

25 (A) a business; 


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1 (B) a limited liability company; 

2 (C) a cooperative or an entity with a busi3 ness arrangement similar to a cooperative, as 

4 determined by the Secretary; 

5 (D) a nonprofit organization; and 

6 (E) a public entity. 

7 (5) HIGH HAZARD ZONE.—The term ‘‘high haz8 ard zone’’ means an area identified as being at high 

9 risk of wildfire— 

10 (A) through the use of a fire hazard map11 ping tool; and 

12 (B) by— 

13 (i) the Secretary; and 

14 (ii) the Governor of the State in which 

15 the area is located. 

16 (6) PROGRAM.—The term ‘‘program’’ means 

17 the program established under subsection (b). 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy. 

20 (b) PROGRAM.—Not later than 180 days after the 

21 date of enactment of this Act, the Secretary shall establish 

22 a program to provide grants, direct loans, and loan guar23 antees to eligible entities— 

24 (1) to establish a biomass conversion facility; 


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1 (2) to expand the infrastructure of a biomass 

2 conversion facility; 

3 (3) to make infrastructure or technological 

4 changes to a biomass conversion facility; or 

5 (4) to remove, harvest, and transport dead or 

6 dying trees and small diameter low-value trees. 

7 (c) GRANT AMOUNT.— 

8 (1) IN GENERAL.—The amount of a grant 

9 awarded under the program shall be based on— 

10 (A) in the case of a grant for an activity 

11 described in paragraphs (1) through (3) of sub12 section (b), the number of kilowatt hours of en13 ergy generated by the biomass conversion facil14 ity; and 

15 (B) in the case of a grant for an activity 

16 described in paragraph (4) of that subsection, 

17 the contribution of the activity to reducing the 

18 risk of wildfire in high hazard zones. 

19 (2) MAXIMUM PAYMENT.—An eligible entity 

20 shall not receive more than $750,000 in grant funds 

21 under the program in a single calendar year. 

22 (d) PRIORITIES.—In awarding a grant, direct loan, 

23 or loan guarantee under the program, the Secretary shall 

24 give priority to an eligible entity that— 


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1 (1) seeks to remove dead or dying trees and 

2 small diameter low-value trees; 

3 (2) seeks to locate a biomass conversion facility 

4 in— 

5 (A) an area of economic need; or 

6 (B) an area in which there has been a de7 cline in forest occupation, as determined by the 

8 Secretary; or 

9 (3) is a small business, as determined by the 

10 Administrator of the Small Business Administration. 

11 (e) GRANT MATCHING REQUIREMENT.—Each eligible 

12 entity that receives a grant under the program shall pro13 vide an amount equal to 50 percent of the amount of the 

14 grant to carry out the activities supported by the grant. 

15 (f) FUNDING.—There is authorized to be appro16 priated to the Secretary $100,000,000 to award grants 

17 under the program, to remain available until expended. 

18 TITLE III—TIMBER EXPORTS 

19 SEC. 301. EXEMPTION TO PROHIBITION ON EXPORT OF UN20 PROCESSED TIMBER OF DEAD AND DYING 

21 TREES IN THE STATE OF CALIFORNIA. 

22 Section 489 of the Forest Resources Conservation 

23 and Shortage Relief Act of 1990 (16 U.S.C. 620a) is 

24 amended— 


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1 (1) in subsection (a), by inserting before the pe2 riod at the end the following: ‘‘or such timber is ex3 empted under subsection (c).’’; 

4 (2) in subsection (b)(1)— 

5 (A) by striking ‘‘to specific’’ and inserting 

6 the following: ‘‘to— 

7 ‘‘(A) specific’’; 

8 (B) in subparagraph (A) (as so des9 ignated), by striking the period at the end and 

10 inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(B) unprocessed timber originating from 

13 National Forest System land in the State of 

14 California that— 

15 ‘‘(i) is included in a hazardous fuels 

16 reduction treatment; and 

17 ‘‘(ii) for which there is no current do18 mestic market.’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(c) EXEMPTION FOR UNPROCESSED SURPLUS TIM21 BER OF DEAD AND DYING TREES IN THE STATE OF CALI22 FORNIA.— 

23 ‘‘(1) DEFINITIONS.—In this subsection: 

24 ‘‘(A) DEAD.—The term ‘dead’, with re25 spect to a tree, means that the tree is desVerDate Sep 11 2014 00:52 Aug 25, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4431.IS S4431

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1 ignated by a registered professional forester or 

2 a designee of the Secretary concerned as dead. 

3 ‘‘(B) DYING.—The term ‘dying’, with re4 spect to a tree, means that— 

5 ‘‘(i)(I) 50 percent or greater of the fo6 liage-bearing crown of the tree is dead or 

7 fading in color (other than through normal 

8 autumn coloration changes) from a normal 

9 green to a yellow, sorrel, or brown; 

10 ‘‘(II) successful bark beetle attacks 

11 are exhibited on the tree, with indications 

12 of dead cambium and brood development 

13 distributed around the circumference of 

14 the bole of the tree; or 

15 ‘‘(III) 50 percent or greater of the cir16 cumference of the lower bole of the tree is 

17 girdled by wildlife; or 

18 ‘‘(ii) the tree is designated by a reg19 istered professional forester or a designee 

20 of the Secretary concerned as likely to die 

21 within 1 year. 

22 ‘‘(C) STATE.—The term ‘State’ means the 

23 State of California. 

24 ‘‘(2) APPLICATION OF PROHIBITION.—Subject 

25 to paragraph (3), the prohibition under subsection 


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1 (a) shall not apply to unprocessed surplus timber 

2 originating from a dead or dying tree on Federal 

3 land in the State. 

4 ‘‘(3) DETERMINATION OF SURPLUS SPECIES.— 

5 ‘‘(A) IN GENERAL.—Not later than 60 

6 days after the date of enactment of the Emer7 gency Wildfire and Public Safety Act of 2020, 

8 and each year thereafter, the Secretary con9 cerned shall issue a list establishing which spe10 cies and sizes of trees are considered to be ‘sur11 plus’ for purposes of paragraph (2). 

12 ‘‘(B) IMPLEMENTATION.—Except with re13 spect to the first list issued under subparagraph 

14 (A), the Secretary concerned shall implement 

15 and administer this paragraph in accordance 

16 with— 

17 ‘‘(i) the rulemaking and notice and 

18 comment provisions of section 553 of title 

19 5, United States Code; and 

20 ‘‘(ii) chapter 35 of title 44, United 

21 States Code (commonly known as the ‘Pa22 perwork Reduction Act’). 

23 ‘‘(4) PREFERENCE FOR DOMESTIC TIMBER

24 PROCESSING.—Notwithstanding the exemption de25 scribed in paragraph (2), the Secretary concerned, 


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1 to the maximum extent practicable, shall give pref2 erence for domestic processing of timber covered by 

3 the exemption. 

4 ‘‘(5) INAPPLICABILITY OF SUBSTITUTION LIMI5 TATIONS.—Section 490 shall not apply to unproc6 essed surplus timber exempted under paragraph (2). 

7 ‘‘(6) REPORTING REQUIREMENT.—Not later 

8 than March 1, 2023, the Secretaries concerned shall 

9 submit to Congress a report evaluating the impacts 

10 of the exemption described in paragraph (2) on for11 est health, domestic timber supply, local processing 

12 capacity, reduction in risk from wildfire, public safe13 ty, and the total quantity of timber exported. 

14 ‘‘(7) TERMINATION OF EFFECTIVENESS.—This 

15 subsection shall cease to be effective on the date that 

16 is 5 years after the date of enactment of the Emer17 gency Wildfire and Public Safety Act of 2020.’’. 

18 TITLE IV—OTHER MATTERS 

19 SEC. 401. INNOVATIVE FOREST WORKFORCE DEVELOP20 MENT PROGRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) CAREER IN THE FOREST SECTOR.—The 

23 term ‘‘career in the forest sector’’ means a career in 

24 forestry, including— 

25 (A) in timber operations; 


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1 (B) as a registered professional forester; 

2 (C) in vegetation treatment, including as a 

3 member of a hand crew, a machine operator, 

4 and in conducting prescribed fires; 

5 (D) in ecological restoration, including res6 toration of watersheds; 

7 (E) in wildland fire fighting; and 

8 (F) in community fire resilience, including 

9 workforce development projects. 

10 (2) FOREST SECTOR.—The term ‘‘forest sector’’ 

11 includes the areas of forestry described in subpara12 graphs (A) through (F) of paragraph (1). 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Agriculture. 

15 (b) GRANTS AUTHORIZED.—The Secretary shall es16 tablish a competitive grant program— 

17 (1) to assist in the development and utilization 

18 of innovative activities relating to workforce develop19 ment in the forest sector and opportunities for ca20 reers in the forest sector; and 

21 (2) to expand public awareness about the forest 

22 sector and connect individuals to careers in the for23 est sector. 

24 (c) SELECTION OF GRANT RECIPIENTS.—In award25 ing grants under subsection (b), the Secretary shall, to 


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1 the extent practicable, select nonprofit professional or 

2 service organizations, labor organizations, State agencies, 

3 community colleges, institutions of higher education, or 

4 other training and educational institutions— 

5 (1) that have qualifications and experience— 

6 (A) in the development of training pro7 grams and curricula relevant to the workforce 

8 needs of the forest sector; 

9 (B) working in cooperation with the forest 

10 sector; or 

11 (C) developing public education materials 

12 appropriate for communicating with groups of 

13 various ages and educational backgrounds; and 

14 (2) that will address the human resources and 

15 workforce needs of the forest sector. 

16 (d) USE OF FUNDS.—Grants awarded under sub17 section (b) may be used for activities such as— 

18 (1) targeted internship, apprenticeship, pre-ap19 prenticeship, and post-secondary bridge programs 

20 for skilled forest sector trades that provide— 

21 (A) on-the-job training; 

22 (B) skills development; 

23 (C) test preparation for skilled trade ap24 prenticeships; 


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1 (D) advance training in the forest sector 

2 relating to jobs as forest restorationists, mem3 bers of hand crews, wildland fire fighters, ma4 chine operators, licensed timber operators, reg5 istered professional foresters, ecologists, biolo6 gists, or workers in construction in support of 

7 resilient infrastructure, including residential 

8 buildings; or 

9 (E) other support services to facilitate 

10 post-secondary success; 

11 (2) education programs designed for elemen12 tary, secondary, and higher education students 

13 that— 

14 (A) inform people about the role of for15 estry, vegetation management, and ecological 

16 restoration in the communities of those people; 

17 (B) increase the awareness of opportunities 

18 for careers in the forest sector and exposure of 

19 students to those careers through various work20 based learning opportunities inside and outside 

21 the classroom; and 

22 (C) connect students to pathways to ca23 reers in the forest sector; 

24 (3) the development of a model curriculum and 

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1 munity colleges, which, to the extent practicable and 

2 feasible, shall— 

3 (A) provide professional training in imple4 menting prescribed fire projects, including the 

5 knowledge and skills necessary to plan and im6 plement broad-scale surface and ladder fuel 

7 treatments within the wildland-urban interface, 

8 wildlands, and urbanized areas, as appropriate; 

9 (B) include a focus on the ecological con10 cerns, economics, and practices necessary to im11 prove community safety and forest resilience; 

12 and 

13 (C) train students in— 

14 (i) the retrofitting of houses, including 

15 the use of fire-resistant materials and the 

16 maintenance of defensible space; 

17 (ii) urban forestry; and 

18 (iii) policies or guidance relating to 

19 the management of vegetation near utility 

20 infrastructure and relevant portions of 

21 electric utility wildfire mitigation plans; 

22 (4) regional industry and workforce develop23 ment collaborations, including the coordination of 

24 candidate development, particularly in areas of high 

25 unemployment; 


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1 (5) integrated learning laboratories in sec2 ondary educational institutions that provide students 

3 with— 

4 (A) hands-on, contextualized learning op5 portunities; 

6 (B) dual enrollment credit for post-sec7 ondary education and training programs; and 

8 (C) direct connection to industry or gov9 ernment employers; and 

10 (6) leadership development, occupational train11 ing, mentoring, or cross-training programs that en12 sure that workers are prepared for high-level super13 visory or management-level positions. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out this section such sums as are necessary. 

17 SEC. 402. WESTERN PRESCRIBED FIRE CENTER. 

18 (a) IN GENERAL.—The Secretary of Agriculture and 

19 the Secretary of the Interior (referred to in this section 

20 as the ‘‘Secretaries’’) shall establish a center to train indi21 viduals in prescribed fire methods and other methods rel22 evant to the mitigation of wildfire risk (referred to in this 

23 section as the ‘‘center’’). 

24 (b) LOCATION.— 


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1 (1) IN GENERAL.—The center shall be located 

2 in any State the entirety of which is located west of 

3 the 100th meridian. 

4 (2) CONSULTATION.—The Secretaries shall con5 sult with the Joint Fire Science Program to solicit 

6 and evaluate proposals for the location of the center. 

7 (3) SELECTION.—Not later than 1 year after 

8 the date of enactment of this Act, based on the con9 sultation under paragraph (2), the Secretaries shall 

10 select a location for the center. 

11 SEC. 403. RETROFITS FOR FIRE-RESILIENT COMMUNITIES. 

12 (a) DEFINITION OF WEATHERIZATION MATE13 RIALS.—Section 412(9) of the Energy Conservation and 

14 Production Act (42 U.S.C. 6862(9)) is amended— 

15 (1) in subparagraph (I), by striking ‘‘and’’ at 

16 the end; 

17 (2) by redesignating subparagraph (J) as sub18 paragraph (K); and 

19 (3) by inserting after subparagraph (I) the fol20 lowing: 

21 ‘‘(J) materials that are resistant to high 

22 heat and fire; and’’. 

23 (b) WEATHERIZATION PROGRAM.— 


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1 (1) IN GENERAL.—Section 413(b)(5) of the En2 ergy Conservation and Production Act (42 U.S.C. 

3 6863(b)(5)) is amended— 

4 (A) in subparagraph (C), by striking 

5 ‘‘and’’ at the end; 

6 (B) in subparagraph (D), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(E) owners of such dwelling units shall 

10 use fire- and drought-resistant building mate11 rials and incorporate wildfire and drought pre12 vention and mitigation planning, as directed by 

13 the State.’’. 

14 (2) LIMITATIONS.—Section 415(c) of the En15 ergy Conservation and Production Act (42 U.S.C. 

16 6865(c)) is amended— 

17 (A) in paragraph (1)— 

18 (i) by redesignating subparagraphs 

19 (A) through (E) as clauses (i) through (v), 

20 respectively, and indenting appropriately; 

21 (ii) in the matter preceding clause (i) 

22 (as so redesignated), in the second sen23 tence, by striking ‘‘Labor’’ and all that fol24 lows through ‘‘to—’’ and inserting the fol25 lowing: 


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1 ‘‘(B) LABOR AND WEATHERIZATION MATE2 RIALS.—Labor, weatherization materials, and 

3 related matter described in subparagraph (A) 

4 includes—’’; 

5 (iii) by striking ‘‘(c)(1) Except’’ and 

6 inserting the following: 

7 ‘‘(c) FINANCIAL ASSISTANCE.— 

8 ‘‘(1) AVERAGE COST.— 

9 ‘‘(A) IN GENERAL.—Except’’; 

10 (iv) in subparagraph (A) (as so des11 ignated)— 

12 (I) by striking ‘‘exceed an aver13 age of $6,500’’ and inserting the fol14 lowing: ‘‘exceed— 

15 ‘‘(i) an average of $13,000 (adjusted 

16 annually for inflation)’’; 

17 (II) in clause (i) (as so des18 ignated), by striking the period at the 

19 end and inserting ‘‘; or’’; and 

20 (III) by adding at the end the 

21 following: 

22 ‘‘(ii) another average amount that is 

23 greater than the amount described in 

24 clause (i), if the Secretary determines it 

25 necessary to waive or adjust the average 


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1 amount established under that clause.’’; 

2 and 

3 (v) in subparagraph (B) (as so des4 ignated)— 

5 (I) in clause (iv) (as so redesig6 nated), by striking ‘‘, and’’ and insert7 ing ‘‘; and’’; and 

8 (II) in clause (v) (as so redesig9 nated), by adding a period at the end; 

10 and 

11 (B) in paragraph (4), by striking ‘‘$3,000’’ 

12 and inserting ‘‘$6,000 (adjusted annually for 

13 inflation)’’. 

14 SEC. 404. CRITICAL INFRASTRUCTURE AND MICROGRID 

15 PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CRITICAL FACILITY.— 

18 (A) IN GENERAL.—The term ‘‘critical fa19 cility’’ means a facility that provides services or 

20 may be used— 

21 (i) to save lives; 

22 (ii) to protect property, public health, 

23 and public safety; or 

24 (iii) to lessen or avert the threat of a 

25 catastrophe. 


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•S 4431 IS

1 (B) INCLUSIONS.—The term ‘‘critical facil2 ity’’ includes— 

3 (i) a hospital; 

4 (ii) an outpatient clinic; 

5 (iii) a nursing home; 

6 (iv) a police station; 

7 (v) an emergency operation center; 

8 (vi) a jail or prison; 

9 (vii) a fire station; 

10 (viii) a facility in the communications 

11 sector, as determined by the Secretary; 

12 (ix) a facility in the chemical sector, 

13 as determined by the Secretary; 

14 (x) a school or other large building 

15 that may serve as a temporary gathering 

16 space; 

17 (xi) a utility station, such as a water 

18 and wastewater station; and 

19 (xii) any facility described in subpara20 graph (A) that is owned or operated by, or 

21 provides services to, an Indian tribe (as de22 fined in section 4 of the Indian Self-Deter23 mination and Education Assistance Act 

24 (25 U.S.C. 5304)). 


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•S 4431 IS

1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

3 (b) CRITICAL INFRASTRUCTURE AND MICROGRID

4 PROGRAM.—The Secretary shall use the funds made avail5 able under subsection (d)— 

6 (1) to improve the energy resilience and power 

7 needs of critical facilities through the use of 

8 microgrids, renewable energy, energy efficiency, and 

9 on-site storage; and 

10 (2) to improve the energy efficiency of critical 

11 facilities by decreasing the size and cost of genera12 tors. 

13 (c) USE OF FUNDS.—In carrying out subsection (b), 

14 the Secretary shall ensure that the funds made available 

15 under subsection (d) shall be used for, with respect to crit16 ical facilities— 

17 (1) provision of on-site back-up power with re18 newable and low-carbon liquid fuels; and 

19 (2) installation, at the transmission and dis20 tribution level, of interoperable technologies, ad21 vanced power flow control, dynamic line rating, to22 pology optimization, and communications systems. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary 


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•S 4431 IS

1 $100,000,000 to carry out this section, to remain available 

2 until expended. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS