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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4628 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4628

To improve wildfire mitigation, management, and recovery, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2024

 Mr. Kelly (for himself and Mr. Romney) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
To improve wildfire mitigation, management, and recovery, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Mitigation and Building 
Effective Resilience Act'' or the ``EMBER Act''.

SEC. 2. WILDFIRE MITIGATION, MANAGEMENT, AND RECOVERY.

    (a) State, Local, and Tribal Matching Funds Waiver and Reduction 
Authority.--
            (1) In general.--The Secretary of Agriculture, the 
        Secretary of the Interior, or the Administrator of the Federal 
        Emergency Management Agency Administrator (referred to in this 
        Act as the ``FEMA Administrator'') may reduce or waive 
        applicant matching or cost-sharing requirements applicable to 
        funds provided by the Secretary of Agriculture, the Secretary 
        of the Interior, or the FEMA Administrator, respectively, to a 
        State, Indian Tribe, county, municipality, or other unit of 
        local government for--
                    (A) planning or implementing a wildfire mitigation 
                or management project to reduce the risk of wildfire;
                    (B) preparing a needs assessment in preparation for 
                post-wildfire cascading impacts before a wildfire 
                occurs; or
                    (C) planning or implementing post-wildfire recovery 
                projects on land in the State, county, municipality, or 
                other unit of local government or on land of the Indian 
                Tribe.
            (2) Limitation.--The amount that the Secretary of 
        Agriculture, the Secretary of the Interior, or the FEMA 
        Administrator, as applicable, may reduce or waive under 
        paragraph (1) shall not exceed the amount that the applicable 
        State, Indian Tribe, county, municipality, or other unit of 
        local government expended on the activities described in that 
        paragraph.
            (3) Inclusions.--Amounts described in paragraph (2) may 
        include amounts used for activities described in paragraph (1) 
        that were collected by a State, Indian Tribe, county, 
        municipality, or other unit of local government from--
                    (A) the sale of bonds;
                    (B) sales taxes, property taxes, income taxes, or 
                other tax revenue sources;
                    (C) the pooling of contributions from customers of 
                a quasi-governmental utility; or
                    (D) conservation finance agreements.
    (b) Wood Processing Inventory.--
            (1) Definition of secretary.--In this subsection, the term 
        ``Secretary'' means the Secretary of Agriculture, in 
        coordination with the Secretary of the Interior.
            (2) Inventory, studies, and report.--The Secretary shall--
                    (A) conduct an inventory of wood processing 
                facilities, including sawmills and biomass utilization 
                facilities, in each region of the United States, as 
                determined by the Secretary;
                    (B) conduct additional economic studies, workforce 
                studies, and biomass feasibility studies to better 
                understand solutions to the development and 
                redevelopment of regional wood products markets, as the 
                Secretary determines to be appropriate;
                    (C) identify each region described in subparagraph 
                (A) that--
                            (i) is at high risk of wildfire, as 
                        determined by the Secretary; and
                            (ii) does not have a wood processing 
                        facility or needs additional wood processing 
                        infrastructure or capacity; and
                    (D) submit a report describing the inventory, 
                studies, and regions described in subparagraphs (A), 
                (B), and (C), respectively, to the relevant committees 
                of Congress, including--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (iii) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            (iv) the Committee on Appropriations of the 
                        Senate;
                            (v) the Committee on Natural Resources of 
                        the House of Representatives;
                            (vi) the Committee on Homeland Security of 
                        the House of Representatives;
                            (vii) the Committee on Science, Space, and 
                        Technology of the House of Representatives; and
                            (viii) the Committee on Appropriations of 
                        the House of Representatives; and
                    (E) made the report described in subparagraph (D) 
                publicly available on the website of the Department of 
                Agriculture.
    (c) Land-for-Wood Processing Program.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly establish a program 
        under which the Secretary of Agriculture and the Secretary of 
        the Interior shall authorize Federal land under the 
        jurisdiction of the Secretary of Agriculture or the Secretary 
        of the Interior for the purpose described in paragraph (2).
            (2) Use.--Land authorized under paragraph (1) shall be used 
        for 1 or more wood processing facilities, including sawmills 
        and biomass utilization facilities, in each region identified 
        under subsection (b)(2)(C) that is included in the report 
        submitted under subsection (b)(2)(D).
    (d) Small Business Support.--The Secretary of the Interior shall 
enter into cost-share agreements with, and provide technical assistance 
to, States, Indian Tribes, counties, and municipalities to support 
small businesses, as determined by the Secretary of the Interior, that 
utilize biomass that is a byproduct of wildfire risk reduction and 
forest restoration activities.
    (e) Renewable Fuel Standard Program.--
            (1) Renewable identification numbers required.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Administrator of the Environmental Protection Agency shall--
                    (A) incorporate into, and establish pathways for 
                credit under, the Renewable Fuel Program under section 
                211(o) of the Clean Air Act (42 U.S.C. 7545(o)) for 
                sustainable aviation fuel, renewable natural gas, 
                hydrogen, biodiesel, and all other biofuels with the 
                potential to be commercially viable in the 10-year 
                period beginning on the date of enactment of this Act 
                that are made from biomass derived from wildfire risk 
                reduction and forest restoration activities on public 
                and private lands; and
                    (B) provide renewable identification numbers for 
                the products described in subparagraph (A).
            (2) Forest biomass as renewable biomass.--Section 
        211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) is 
        amended--
                    (A) by striking clauses (iv) and (v) and inserting 
                the following:
                            ``(iv) Forest biomass, regardless of 
                        whether the biomass is sourced from public or 
                        private land, which may include--
                                    ``(I) slash;
                                    ``(II) pre-commercial thinnings;
                                    ``(III) plantation materials and 
                                residues;
                                    ``(IV) biomass obtained from areas 
                                at risk of wildfire;
                                    ``(V) sawmill and forest products 
                                manufacturing residues; and
                                    ``(VI) any other uncontaminated 
                                byproduct of forest management and 
                                forest products manufacturing.''; and
                    (B) by redesignating clauses (vi) and (vii) as 
                clauses (v) and (vi), respectively.
    (f) Program Alignment.--The Secretary of Agriculture shall direct 
the Under Secretary for Rural Development and the Chief of the Forest 
Service to coordinate with each other for the purpose of supporting 
investments in sawmills and biomass utilization facilities in areas 
that have the greatest need for wildfire risk reduction.
    (g) Biomass Utilization.--The Secretary of Agriculture and the 
Secretary of Energy shall cooperate to support--
            (1) research relating to biomass utilization methods; and
            (2) large-scale forest biomass utilization research, 
        including the development of, and support for, pilot projects 
        that promote the utilization and commercialization of biomass 
        as a byproduct of wildfire risk reduction and forest 
        restoration activities.
    (h) Grazing.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of the Interior shall manage fine fuels and shrubs on 
        Federal land under the jurisdiction of the Secretary of 
        Agriculture or the Secretary of the Interior, respectively, 
        through the expanded use of flexible, targeted grazing that--
                    (A) aligns with wildfire impact reduction 
                objectives and desired environmental conditions and 
                landscape goals in the ecological system in which the 
                grazing is conducted; and
                    (B) complies with other obligations, including 
                requirements applicable to congressionally designated 
                wilderness areas.
            (2) Department of the interior nonrenewable grazing permits 
        and leases.--The Secretary of the Interior shall--
                    (A) direct the use of nonrenewable grazing permits 
                and leases described in section 4130.6-2 of title 43, 
                Code of Federal Regulations (or successor regulations), 
                to reduce fine fuel loads and the risk of catastrophic 
                wildfire where and when such use is ecologically 
                appropriate;
                    (B) direct the use of cooperative agreements 
                described in section 29.2 of title 50, Code of Federal 
                Regulations (or successor regulations); and
                    (C) identify and deploy technologies such as remote 
                sensing and virtual fencing to expedite, simplify, and 
                encourage the use of nonrenewable grazing permits and 
                leases referred to in subparagraph (A) to reduce fine 
                fuel loads.
            (3) Forest service temporary grazing permits.--The 
        Secretary of Agriculture shall--
                    (A) direct the issuance of temporary grazing 
                permits under part 222 of title 36, Code of Federal 
                Regulations (or successor regulations, to permittees 
                under that part for the purpose of grazing to reduce 
                fine fuel loads and the risk of catastrophic wildfire 
                where and when such issuance is ecologically 
                appropriate; and
                    (B) identify and deploy technologies such as remote 
                sensing and virtual fencing to expedite, simplify, and 
                encourage the use of temporary permits referred to in 
                subparagraph (A) to reduce fine fuel loads.
    (i) Workforce Needs Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Agriculture, the 
        Secretary of the Interior, and the Secretary of Homeland 
        Security shall jointly prepare and submit to Congress a report 
        describing--
                    (A) needs in the Federal workforce relating to a 
                more comprehensive approach to wildfire management, 
                including pre-fire mitigation and post-fire recovery in 
                the built and natural environments;
                    (B) positions needed to more effectively partner 
                with and enable the utilization of State, Tribal, and 
                local capacity; and
                    (C) challenges with contract and agreement 
                mechanisms, including recommendations to reduce 
                staffing and cost burdens relating to State, Tribal, 
                and local use of contracts and agreements.
            (2) Consultation.--In identifying the positions needed to 
        partner with States, Indian Tribes, and units of local 
        government under paragraph (1)(B), the Secretary of 
        Agriculture, the Secretary of the Interior, and the Secretary 
        of Homeland Security shall consult with--
                    (A) representative organizations of those entities, 
                such as the National Governors Association, the 
                National Association of State Foresters, the National 
                Association of Counties, the National League of Cities, 
                and the National Congress of American Indians; and
                    (B) representatives of community nongovernmental 
                organizations and other relevant partners, including 
                local utility providers, public safety personnel, fire 
                service representatives, and emergency managers, 
                including State hazard mitigation officers.
    (j) Incident Recovery.--
            (1) In general.--The Secretary of Agriculture, the 
        Secretary of the Interior, and the Secretary of Homeland 
        Security, acting through the FEMA Administrator, shall jointly 
        develop policies and guidance for post-fire incident recovery, 
        specifically relating to the transition between wildfire 
        response and the wildfire recovery period.
            (2) Inclusions.--The policies and guidance developed under 
        paragraph (1) shall--
                    (A) identify areas for coordination between Federal 
                agencies;
                    (B) support consistent implementation of incident 
                response and recovery policies across landscapes; and
                    (C) provide a pathway with defined timeframes and 
                areas of Federal responsibility for the transition 
                between wildfire operations and locally led recovery 
                efforts.
            (3) Updates and review.--Not later than 1 year after the 
        date of enactment of this Act, the FEMA Administrator shall--
                    (A) update the Public Assistance Program and Policy 
                Guide of the Federal Emergency Management Agency to 
                include guidance on wildfire-specific recovery 
                challenges, including debris removal, emergency 
                protective measures, and toxicity of drinking water 
                resources resulting from wildfire;
                    (B) conduct a review of the criteria for evaluating 
                the cost-effectiveness of projects intended to mitigate 
                the impacts of wildfire under sections 203 and 404 of 
                the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5133; 5170c), including--
                            (i) the establishment of pre-calculated 
                        benefits criterion for common defensible space 
                        mitigation projects for wildfire mitigation;
                            (ii) the use of nature-based infrastructure 
                        in wildfire mitigation;
                            (iii) considerations for vegetation 
                        management for wildfire mitigation;
                            (iv) reducing the negative effects of 
                        wildfire smoke on public health; and
                            (v) lessening the impact of wildfires on 
                        water infrastructure; and
                    (C) issue such guidance as is necessary to--
                            (i) update criteria described in 
                        subparagraph (B), based on the results of the 
                        review conducted under that subparagraph; and
                            (ii) prioritize projects under sections 203 
                        and 404 of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5133; 5170c) based on the criteria updated 
                        under clause (i).
    (k) Emergency Watershed Protection Program Cross-Boundary 
Funding.--Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 
2203) is amended by adding at the end the following:
    ``(c) Cross-Boundary Funding.--The Secretary may undertake 
emergency watershed protection measures under this section across 
boundaries between Federal land (including land managed by different 
Federal agencies), State land, and private land for the purpose of 
protecting lives, property, or resources at risk as a result of the 
applicable impairment described in subsection (a).''.
    (l) Funding to Water Entities.--
            (1) Definition of covered agency.--In this subsection, the 
        term ``covered agency'' means--
                    (A) the Environmental Protection Agency;
                    (B) the Department of Housing and Urban 
                Development;
                    (C) the Department of Agriculture;
                    (D) the Federal Emergency Management Agency; and
                    (E) the Department of the Interior.
            (2) Requirement.--After a wildfire has occurred, as 
        determined by the head of the applicable covered agency, the 
        head of the covered agency shall expedite to less than 90 days 
        after the wildfire occurred the provision of grants under grant 
        programs carried out by the covered agency, for the purpose of 
        maintaining drinking water delivery in the area in which the 
        wildfire occurred, for--
                    (A) drinking water collection and delivery 
                restoration and repair;
                    (B) drinking water plant restoration and repair;
                    (C) the development of additional drinking water 
                treatment infrastructure; and
                    (D) the development of access to alternative 
                sources of drinking water.
            (3) Indirect costs.--Notwithstanding any other provision of 
        law, a grant provided using the authority to expedite grants 
        under paragraph (2) may be used to restore and repair drinking 
        water collection systems, delivery systems, and treatment 
        plants damaged by direct flame contact or indirect impacts of 
        wildfire, such as damage to infrastructure from increased 
        sediment delivery resulting from a burned watershed.
    (m) Joint Chiefs Landscape Restoration Partnership Program.--
Section 40808(d) of the Infrastructure Investment and Jobs Act (16 
U.S.C. 6592d(d)) is amended--
            (1) in paragraph (1)(F), by striking ``and'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) whether the proposal enhances drought and wildfire 
        resilience; and''.
    (n) National Science and Technology Council Wildfire 
Subcommittee.--The President shall establish within the Environmental 
Committee of the National Science and Technology Council a Wildfire 
Subcommittee, which shall, in coordination with non-Federal partners, 
prioritize, review, and direct funding to--
            (1) reports on areas in which research is needed relating 
        to effective pre-fire mitigation and post-fire recovery;
            (2) the development of new fire models to better reflect 
        scientific advancements and altered fire behavior under current 
        and future climate conditions;
            (3) map and model the current and anticipated development 
        of communities and infrastructure and include the built 
        environment in fuel models;
            (4) study behavioral and social sciences to better 
        understand and guide public and individual decision-making; and
            (5) study organizational science to support adaptation of 
        effective pre-fire mitigation and post-fire recovery strategies 
        by Federal, State, Tribal, and local agencies.
    (o) Local Wildfire Training.--The Secretary of Homeland Security, 
acting through the United States Fire Administrator, in consultation 
with the Secretary of Agriculture and the Secretary of the Interior, 
shall develop, coordinate, and deliver expanded wildfire response and 
suppression training and prescribed fire training to local fire 
entities in preparation for the increased likelihood that local fire 
entities will engage in work relating to wildfires.
    (p) Quantitative and Qualitative Review.--Every 5 years, the 
Secretary of Agriculture, the Secretary of the Interior, and the 
Secretary of Homeland Security, acting through the FEMA Administrator 
and United States Fire Administrator, shall jointly--
            (1) conduct a quantitative and qualitative review of the 
        comprehensive wildfire environment, including--
                    (A) an analysis of wildfire mitigation work 
                completed and wildfire recovery efforts undertaken;
                    (B) changes in the built and natural environments;
                    (C) impacts to public health from wildfire;
                    (D) an assessment of the level of integration of 
                planning and implementation across all temporal phases 
                of wildfire;
                    (E) an assessment of anticipated changes and 
                challenges in wildfire management in the upcoming 
                decade; and
                    (F) policy recommendations to address needed 
                changes;
            (2) submit a report describing the findings of the review 
        under paragraph (1) to the relevant committees of Congress, 
        including the committees described in subsection (b)(2)(D); and
            (3) make publicly available the report submitted under 
        paragraph (2).
    (q) Bureau of Land Management Land Transfers.--
            (1) In general.--The Secretary of the Interior may transfer 
        land administered by the Bureau of Land Management to an Indian 
        Tribe for the purpose described in paragraph (2).
            (2) Use.--Land transferred under paragraph (1) shall be 
        used for wildfire mitigation and restoration workforce housing 
        for the Indian Tribe.
    (r) Tribal Participation.--The Secretary of Agriculture, acting 
through the Chief of the Forest Service, and the Secretary of the 
Interior shall enter into contracts and agreements with, and provide 
grants to, Indian Tribes to promote participation of Indian Tribes in 
wildfire response, mitigation, and management.
    (s) Panel To Study Tribal Inclusion.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly establish a panel to 
        study opportunities for the inclusion of Indian Tribes in 
        Federal wildfire response, mitigation, and co-stewardship.
            (2) Members.--The panel established under paragraph (1) 
        shall be composed of 9 members, each of whom shall represent an 
        Indian Tribe with forestry interests or at risk of wildfire.
            (3) Duties.--Not later than 1 year after the date of 
        enactment of this Act, the panel established under paragraph 
        (1) shall--
                    (A) conduct a study to identify opportunities 
                described in paragraph (1); and
                    (B) make available on a publicly accessible website 
                a report describing the opportunities identified 
                through the study under subparagraph (A).
    (t) Wildfire Cascading Impacts.--
            (1) In general.--With respect to a wildfire that results in 
        the declaration of a major disaster pursuant to the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.), the FEMA Administrator shall hold the 
        incident period open for 1 year, beginning on the date of fire 
        containment, for emergency assistance under section 403 of that 
        Act (42 U.S.C. 5170b) required from flooding, mud flow, or 
        debris flow resulting from the wildfire.
            (2) Risk-based monitoring plans.--With respect to a 
        wildfire described in paragraph (1), an agency requesting 
        emergency assistance may submit to the FEMA Administrator a 
        risk-based monitoring plan, which shall include--
                    (A) an assessment of the risk of debris flows, 
                flooding or other impact resulting from the wildfire;
                    (B) a plan for monitoring the risk and alerting the 
                public to imminent threats to life and property; and
                    (C) an estimate of the duration of the risk.
            (3) Extension.--
                    (A) In general.--Upon submission of a risk-based 
                monitoring plan described in paragraph (2), the FEMA 
                Administrator shall extend the incident period, holding 
                the incident period open until the earlier of the end 
                of--
                            (i) the estimated duration of the risk; or
                            (ii) 5 years after the date of fire 
                        containment.
                    (B) Deemed granted.--If the FEMA Administrator 
                takes no action during the 90-day period after 
                submission of a risk-based monitoring plan described in 
                paragraph (2), an extension of the relevant incident 
                period under subparagraph (A) shall be deemed granted.
    (u) Categorical Exclusion.--The Secretary of Homeland Security, in 
coordination with the FEMA Administrator shall amend the Department of 
Homeland Security Instruction Manual on Implementation of the National 
Environmental Policy Act (Instruction Manual 023-01-001-01, Revision 
01) to include post-fire revegetation, waterway protection, water 
resource protection, and other post-fire community environmental needs 
in the list of categorical exclusions.
    (v) Interagency Resource Ordering.--The Secretary of Agriculture 
and the Secretary of the Interior shall direct agencies of the 
Department of Agriculture and the Department of the Interior, 
respectively, to utilize existing interagency resource ordering systems 
for prescribed fire assignments.
    (w) Programmatic Environmental Analyses.--The Secretary of 
Agriculture and the Secretary of the Interior shall--
            (1) increase the use of programmatic environmental analyses 
        that are broad, include similar or connected projects, are 
        large in scale, or will be implemented over a longer period of 
        time, with appropriate Tribal consultation and incorporation of 
        Indigenous knowledge; and
            (2) use phased planning for projects on large landscapes.
    (x) Performance Metrics.--The Secretary of Agriculture, the 
Secretary of the Interior, and the Secretary of Homeland Security, 
acting through the FEMA Administrator, shall jointly revise performance 
metrics applicable to land management agencies and the United States 
Fire Administration to include--
            (1) the number of protected assets and values, including 
        sacred sites and other cultural resources and values;
            (2) the degree to which long-term risks to landscapes are 
        reduced and landscapes are maintained in a more resilient 
        state;
            (3) watershed conditions, fuels reduction outcomes, 
        biodiversity, and ecosystem services benefits; and
            (4) social metrics, including collaboration, community 
        empowerment, and partnerships.
    (y) Uniform Datasets.--The Secretary of Agriculture, the Secretary 
of the Interior, and the Secretary of Homeland Security, acting through 
the United States Fire Administrator, shall jointly develop and 
maintain uniform wildfire hazard datasets.
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