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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2867 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 592
118th CONGRESS
  2d Session
                                S. 2867

 To address the forest health crisis on the National Forest System and 
                 public lands, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2023

  Mr. Barrasso (for himself and Mr. Manchin) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 21, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To address the forest health crisis on the National Forest System and 
                 public lands, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Promoting 
Effective Forest Management Act of 2023''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
            <DELETED>TITLE I--ACCOMPLISHMENTS OVER RHETORIC

<DELETED>Sec. 101. Thinning targets.
<DELETED>Sec. 102. Annual reports.
<DELETED>Sec. 103. Transparency in fire mitigation reporting.
<DELETED>Sec. 104. Regional forest carbon accounting.
<DELETED>Sec. 105. Targets for wildlife habitat improvement.
                  <DELETED>TITLE II--FOREST MANAGEMENT

<DELETED>Sec. 201. Land and resource management plans.
<DELETED>Sec. 202. Management of old growth and mature forests.
<DELETED>Sec. 203. Assessment of processed-based restoration 
                            techniques.
<DELETED>Sec. 204. Intervenor status.
<DELETED>Sec. 205. Utilizing grazing for wildfire prevention.
                     <DELETED>TITLE III--WORKFORCE

<DELETED>Sec. 301. Logging workforce.
<DELETED>Sec. 302. Break-in-service consideration for firefighter 
                            retirements.
<DELETED>Sec. 303. Firefighter rental housing.
             <DELETED>TITLE IV--CULTURAL CHANGE IN AGENCIES

<DELETED>Sec. 401. Mandatory use of existing authorities.
<DELETED>Sec. 402. Curtailing employee relocations.
<DELETED>Sec. 403. Repeal of FLAME reports.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) National forest system.--</DELETED>
                <DELETED>    (A) In general.--The term ``National 
                Forest System'' has the meaning given the term in 
                section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).</DELETED>
                <DELETED>    (B) Exclusions.--The term ``National 
                Forest System'' does not include--</DELETED>
                        <DELETED>    (i) any forest reserve not created 
                        from the public domain; or</DELETED>
                        <DELETED>    (ii) any national grassland or 
                        land utilization project administered under 
                        title III of the Bankhead-Jones Farm Tenant Act 
                        (7 U.S.C. 1010 et seq.).</DELETED>
        <DELETED>    (2) Public lands.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), the term ``public lands'' has the 
                meaning given the term in section 103 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1702).</DELETED>
                <DELETED>    (B) Exclusion.--The term ``public lands'' 
                does not include land governed by the Act of August 28, 
                1937 (50 Stat. 874, chapter 876; 43 U.S.C. 2601 et 
                seq.).</DELETED>
        <DELETED>    (3) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary of Agriculture, acting 
                through the Chief of the Forest Service, with respect 
                to National Forest System land; and</DELETED>
                <DELETED>    (B) the Secretary of the Interior, acting 
                through the Director of the Bureau of Land Management, 
                with respect to public lands.</DELETED>

       <DELETED>TITLE I--ACCOMPLISHMENTS OVER RHETORIC</DELETED>

<DELETED>SEC. 101. THINNING TARGETS.</DELETED>

<DELETED>    (a) Baseline.--For the National Forest System and for 
public lands, the Secretary concerned shall determine--</DELETED>
        <DELETED>    (1) for each of fiscal years 2017 through 2021, 
        the number of acres mechanically thinned, for acres 
        commercially thinned and for acres pre-commercially thinned; 
        and</DELETED>
        <DELETED>    (2) the average of the numbers described in 
        paragraph (1) over the period of fiscal years 2017 through 
        2021.</DELETED>
<DELETED>    (b) Annual Targets.--</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned shall 
        establish annual mechanical thinning targets for acres 
        commercially thinned and for acres pre-commercially thinned for 
        fiscal year 2024, and annually thereafter, for the National 
        Forest System and for public lands.</DELETED>
        <DELETED>    (2) Requirements.--</DELETED>
                <DELETED>    (A) Fiscal years 2024 and 2025.--For each 
                of fiscal years 2024 and 2025, the annual mechanical 
                thinning targets established under paragraph (1) shall 
                be not less than the number of acres described in 
                subsection (a)(2).</DELETED>
                <DELETED>    (B) Fiscal years 2026 and 2027.--For each 
                of fiscal years 2026 and 2027, the annual mechanical 
                thinning targets established under paragraph (1) shall 
                be not less than twice the number of acres described in 
                subsection (a)(2).</DELETED>
                <DELETED>    (C) Fiscal year 2028.--For fiscal year 
                2028 and each fiscal year thereafter, the annual 
                mechanical thinning targets established under paragraph 
                (1) shall be not less than 4 times the number of acres 
                described in subsection (a)(2).</DELETED>
<DELETED>    (c) Regional Assignments.--Not later than 90 days after 
the date of enactment of this Act, and annually thereafter, the 
Secretary concerned shall assign annual acreage targets for mechanical 
thinning on National Forest System land and public lands, categorized 
by National Forest System region or by State, as appropriate.</DELETED>
<DELETED>    (d) Publication.--The Secretary concerned shall make 
publicly available the data described in subsections (a), (b), and (c), 
including by publishing that data on the website of the Forest Service 
and the website of the Bureau of Land Management.</DELETED>

<DELETED>SEC. 102. ANNUAL REPORTS.</DELETED>

<DELETED>    Not later than January 1, 2024, and annually thereafter, 
the Secretary concerned shall publish on the website of the Forest 
Service and the website of the Bureau of Land Management the following 
information with respect to the National Forest System or public lands 
during the preceding fiscal year:</DELETED>
        <DELETED>    (1) The number of acres treated to meet the 
        requirement described in section 40803(b) of the Infrastructure 
        Investment and Jobs Act (16 U.S.C. 6592(b)).</DELETED>
        <DELETED>    (2)(A) The number of acres mechanically thinned; 
        and</DELETED>
        <DELETED>    (B) whether the number of acres described in 
        subparagraph (A) met or exceeded the requirements described in 
        section 101(b)(2).</DELETED>
        <DELETED>    (3) Any limitations or challenges, including 
        litigation or permitting delays, that hindered the Secretary 
        concerned from meeting or exceeding the annual target 
        established under section 101(b)(1), if applicable.</DELETED>
        <DELETED>    (4) The number of acres that have undergone a 
        regeneration harvest.</DELETED>
        <DELETED>    (5) The number of acres described in paragraphs 
        (2)(A) and (4) that are in an area identified as having--
        </DELETED>
                <DELETED>    (A) the expectation that, without 
                remediation, at least 25 percent of standing live basal 
                area greater than 1 inch in diameter may die over a 15-
                year time frame due to insects and diseases, as 
                depicted on the National Insect and Disease Composite 
                Risk Map; or</DELETED>
                <DELETED>    (B) a very high or high wildfire hazard 
                potential.</DELETED>
        <DELETED>    (6) The number of acres described in paragraphs 
        (2)(A) and (4) that use either of the following streamlined 
        authorities for environmental review:</DELETED>
                <DELETED>    (A) A categorical exclusion.</DELETED>
                <DELETED>    (B) An emergency determination of the 
                Secretary concerned.</DELETED>
        <DELETED>    (7) The number of acres described in paragraphs 
        (2)(A) and (4) that use partners to carry out the work 
        through--</DELETED>
                <DELETED>    (A) a good neighbor agreement;</DELETED>
                <DELETED>    (B) a master stewardship 
                agreement;</DELETED>
                <DELETED>    (C) a contract or agreement entered into 
                under the Tribal Forest Protection Act of 2004 (25 
                U.S.C. 3115a); or</DELETED>
                <DELETED>    (D) a stewardship end-result 
                contract.</DELETED>

<DELETED>SEC. 103. TRANSPARENCY IN FIRE MITIGATION REPORTING.</DELETED>

<DELETED>    (a) Exclusion From Annual Budget and Performance 
Reports.--</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned shall not 
        include in any appropriations request submitted to the 
        President for purposes of preparing the budget of the United 
        States Government under section 1105 of title 31, United States 
        Code, or any annual performance report submitted to Congress 
        any output measures for acres of land on which hazardous fuels 
        treatments were conducted if the land needs to be treated more 
        than once--</DELETED>
                <DELETED>    (A) to meet the requirement described in 
                section 40803(b) of the Infrastructure Investment and 
                Jobs Act (16 U.S.C. 6592(b)); or</DELETED>
                <DELETED>    (B) to effectively mitigate wildfire 
                risk.</DELETED>
        <DELETED>    (2) Annual budget.--The President shall not 
        include in the budget of the United States Government submitted 
        to Congress under section 1105 of title 31, United States Code, 
        any output measures described in paragraph (1).</DELETED>
        <DELETED>    (3) Inclusions.--Output measures described in 
        paragraph (1) include--</DELETED>
                <DELETED>    (A) acres of hazardous fuels reduction on 
                National Forest System land and adjacent areas to 
                mitigate wildfire risk; and</DELETED>
                <DELETED>    (B) annual acreage treated to reduce or 
                maintain fuel conditions on National Forest System land 
                and non-Federal land.</DELETED>
<DELETED>    (b) Inclusion in Annual Budget and Performance Reports.--
</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned shall 
        include in an appropriations request submitted to the President 
        for purposes of preparing the budget of the United States 
        Government under section 1105 of title 31, United States Code, 
        and an annual performance report submitted to Congress--
        </DELETED>
                <DELETED>    (A) the number of acres of land meeting 
                the requirement described in section 40803(b) of the 
                Infrastructure Investment and Jobs Act (16 U.S.C. 
                6592(b)); and</DELETED>
                <DELETED>    (B) the annual acreage of National Forest 
                System land where final treatment effectively mitigates 
                wildfire risk.</DELETED>
        <DELETED>    (2) Annual budget.--The President shall include in 
        the budget of the United States Government submitted to 
        Congress under section 1105 of title 31, United States Code, 
        the information described in paragraph (1).</DELETED>

<DELETED>SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.</DELETED>

<DELETED>    Not later than January 1, 2025, and every 3 years 
thereafter, the Secretary of Agriculture, acting through the Chief of 
the Forest Service, shall--</DELETED>
        <DELETED>    (1) using data from the forest inventory and 
        analysis program, determine the net forest carbon balance on 
        the land in the National Forest System of each Forest Service 
        region, including whether the National Forest System land is--
        </DELETED>
                <DELETED>    (A) a carbon source; or</DELETED>
                <DELETED>    (B) a carbon sink; and</DELETED>
        <DELETED>    (2) publish the information described in paragraph 
        (1) on the website of the Forest Service.</DELETED>

<DELETED>SEC. 105. TARGETS FOR WILDLIFE HABITAT IMPROVEMENT.</DELETED>

<DELETED>    (a) In General.--To improve wildlife habitat function on 
National Forest System land and public lands, not later than 18 months 
after the date of enactment of this Act, the Secretary concerned 
shall--</DELETED>
        <DELETED>    (1) evaluate the extent to which the specific 
        management goals and objectives relating to wildlife habitat in 
        existing land management plans or resource management plans, as 
        applicable, have been met through implementation of the 
        applicable land management plan or resource management plan; 
        and</DELETED>
        <DELETED>    (2) establish and implement a strategy, including 
        establishing annual targets, to meet the specific management 
        goals and objectives described in paragraph (1).</DELETED>
<DELETED>    (b) Reporting.--Beginning in fiscal year 2025, the 
Secretary concerned shall annually--</DELETED>
        <DELETED>    (1) establish targets associated with the strategy 
        developed under subsection (a)(2); and</DELETED>
        <DELETED>    (2) submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives a report on the implementation 
        of the strategy developed under subsection (a)(2).</DELETED>

             <DELETED>TITLE II--FOREST MANAGEMENT</DELETED>

<DELETED>SEC. 201. LAND AND RESOURCE MANAGEMENT PLANS.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives an 
assessment of the time period that would be required for the Secretary 
of Agriculture, acting through the Chief of the Forest Service, to 
address the backlog of land and resource management plans that are 
noncompliant with section 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)), and 
to come into compliance with that section, if the land and resource 
management plans for the units of the National Forest System were 
developed and revised in a manner consistent with the shorter length 
and development timelines of the land management plans for the units of 
the National Park System.</DELETED>

<DELETED>SEC. 202. MANAGEMENT OF OLD GROWTH AND MATURE 
              FORESTS.</DELETED>

<DELETED>    (a) Definition of Old Growth.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Secretary concerned shall adhere to the definitions of 
        ``old growth forest'' contained in the regulations of the 
        Secretary concerned (as in effect on January 1, 
        2022).</DELETED>
        <DELETED>    (2) Updates.--If the Secretary concerned 
        determines that a definition of ``old growth forest'' contained 
        in a regulation of the Secretary concerned needs to be revised, 
        the Secretary concerned--</DELETED>
                <DELETED>    (A) shall appoint a committee of 
                scientists who are not officers or employees of the 
                Forest Service or the Bureau of Land Management and 
                have a background in forestry and stand dynamics 
                (referred to in this paragraph as the ``committee of 
                scientists'');</DELETED>
                <DELETED>    (B) shall direct the committee of 
                scientists to provide scientific and technical advice 
                and counsel on definitions of ``old growth 
                forest'';</DELETED>
                <DELETED>    (C) shall review the recommendations of 
                the committee of scientists;</DELETED>
                <DELETED>    (D) shall publish the recommendations of 
                the committee of scientists for public comment; 
                and</DELETED>
                <DELETED>    (E) may adopt the recommendations of the 
                committee of scientists and revise the definition in a 
                manner consistent with subchapter II of chapter 5, and 
                chapter 7, of title 5, United States Code (commonly 
                known as the ``Administrative Procedure 
                Act'').</DELETED>
<DELETED>    (b) Management of Mature Trees.--</DELETED>
        <DELETED>    (1) Definition of mature forest.--</DELETED>
                <DELETED>    (A) In general.--Consistent with section 
                6(m)(1) of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1604(m)(1)), with 
                respect to National Forest System land and public 
                lands, the Secretary concerned shall define the term 
                ``mature forest'' as a forest that has reached the 
                merchantability standard described in subparagraph 
                (B).</DELETED>
                <DELETED>    (B) Merchantability standard.--The 
                merchantability standard referred to in subparagraph 
                (A) is when a forest has generally reached the 
                culmination of mean annual increment of 
                growth.</DELETED>
        <DELETED>    (2) Management.--Except as provided in section 
        6(m) of the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1604(m)), on National Forest System land 
        and public lands, the Secretary concerned shall only carry out 
        regeneration harvests in mature forests (as defined by the 
        Secretary concerned under paragraph (1)).</DELETED>
<DELETED>    (c) Savings Clause.--Any inventory of forests adopted 
through executive branch action shall not modify, amend, or otherwise 
change the duties of the Secretary concerned to manage unreserved 
forests in accordance with, as applicable--</DELETED>
        <DELETED>    (1) the Act of June 4, 1897 (commonly known as the 
        ``Organic Administration Act'') (30 Stat. 34, chapter 
        2);</DELETED>
        <DELETED>    (2) the Multiple-Use Sustained-Yield Act of 1960 
        (16 U.S.C. 528 et seq.);</DELETED>
        <DELETED>    (3) the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1600 et seq.);</DELETED>
        <DELETED>    (4) section 14 of the National Forest Management 
        Act of 1976 (16 U.S.C. 472a); and</DELETED>
        <DELETED>    (5) the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.).</DELETED>

<DELETED>SEC. 203. ASSESSMENT OF PROCESSED-BASED RESTORATION 
              TECHNIQUES.</DELETED>

<DELETED>    (a) Wetland and Riparian Restoration Pilot Program.--
</DELETED>
        <DELETED>    (1) In general.--The Secretary of the Interior, 
        acting through the Director of the United States Geological 
        Survey, and the Secretary of Agriculture, acting through the 
        Chief of the Forest Service (referred to in this subsection as 
        the ``Secretaries''), shall jointly establish a pilot program 
        to conduct research on and evaluate wetland and riparian 
        restoration techniques.</DELETED>
        <DELETED>    (2) Assessments.--In carrying out this subsection, 
        the Secretaries shall--</DELETED>
                <DELETED>    (A) assess the benefits, including to 
                downstream infrastructure, water storage, and 
                resilience to natural hazards, of process-based river 
                and wetland restoration techniques when carried out at 
                larger scales; and</DELETED>
                <DELETED>    (B) make available to the public the 
                results of the assessment described in subparagraph 
                (A).</DELETED>
<DELETED>    (b) Experimental Forests Pilot Project.--The Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
carry out a pilot project on the experimental forests and ranges 
managed by the Forest Service to evaluate biologically driven 
restoration.</DELETED>

<DELETED>SEC. 204. INTERVENOR STATUS.</DELETED>

<DELETED>    (a) In General.--For purposes of a civil action relating 
to a qualified project described in subsection (b), a unit of local 
government shall be--</DELETED>
        <DELETED>    (1) entitled to intervene, as of right, in any 
        subsequent civil action; and</DELETED>
        <DELETED>    (2) considered to be a full participant in any 
        settlement negotiation relating to the qualified project if the 
        unit of local government intervenes.</DELETED>
<DELETED>    (b) Description of Qualified Project.--A qualified project 
referred to in subsection (a) is a project that--</DELETED>
        <DELETED>    (1) is located on National Forest System land or 
        public lands;</DELETED>
        <DELETED>    (2) has been approved by the Secretary concerned; 
        and</DELETED>
        <DELETED>    (3)(A) reduces the risk posed by wildfire, insect, 
        or disease; or</DELETED>
        <DELETED>    (B) generates revenue from the harvesting of 
        timber.</DELETED>

<DELETED>SEC. 205. UTILIZING GRAZING FOR WILDFIRE PREVENTION.</DELETED>

<DELETED>    The Secretary concerned, in coordination with holders of 
permits to graze livestock on Federal land, shall develop a strategy to 
increase opportunities to utilize livestock grazing as a wildfire 
mitigation strategy, including--</DELETED>
        <DELETED>    (1) completion of reviews (as required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.)) to allow permitted grazing on vacant grazing allotments 
        during instances of drought, wildfire, or other natural 
        disasters that disrupt grazing on allotments already 
        permitted;</DELETED>
        <DELETED>    (2) use of targeted grazing;</DELETED>
        <DELETED>    (3) increased use of temporary permits to promote 
        targeted fuels reduction and reduction of invasive annual 
        grasses;</DELETED>
        <DELETED>    (4) increased use of grazing as a fire recovery 
        strategy, where appropriate; and</DELETED>
        <DELETED>    (5) use of all applicable authorities under 
        law.</DELETED>

                <DELETED>TITLE III--WORKFORCE</DELETED>

<DELETED>SEC. 301. LOGGING WORKFORCE.</DELETED>

<DELETED>    (a) Training.--</DELETED>
        <DELETED>    (1) Interstate training programs.--The Secretary 
        of Agriculture, acting through the Chief of the Forest Service, 
        shall work with States to develop a universal, tiered program 
        to train persons to enter the logging workforce.</DELETED>
        <DELETED>    (2) On-the-job training.--The Secretary concerned 
        shall examine potential ways to facilitate apprenticeship 
        training to increase knowledge and skills in an emerging 
        logging workforce.</DELETED>
<DELETED>    (b) Modernizing Machinery.--Using funds made available 
under section 40804(b)(3) of the Infrastructure Investment and Jobs Act 
(16 U.S.C. 6592a(b)(3)), the Secretary of Agriculture shall provide 
low-interest loans or loan guarantees to persons, subject to such 
conditions as the Secretary of Agriculture determines to be necessary, 
for the acquisition of mechanized machinery for the purposes of 
decreasing injuries in the logging workforce.</DELETED>

<DELETED>SEC. 302. BREAK-IN-SERVICE CONSIDERATION FOR FIREFIGHTER 
              RETIREMENTS.</DELETED>

<DELETED>    Notwithstanding sections 8336(c) and 8412(d) of title 5, 
United States Code, not later than May 1, 2024, the Secretary 
concerned, in coordination with the Secretary of Labor, shall 
promulgate regulations, as necessary, to ensure that a Federal wildland 
firefighter would not forfeit previously made contributions or 
eligibility for firefighter retirement when the wildland firefighter 
has a voluntary break in service of not more than 9 months.</DELETED>

<DELETED>SEC. 303. FIREFIGHTER RENTAL HOUSING.</DELETED>

<DELETED>    Notwithstanding OMB Circular No. A-45R, when the Secretary 
concerned requires a Federal wildland firefighter to occupy government 
housing, the Secretary concerned shall not deduct for government 
housing rent from the payroll of the wildland firefighter an amount 
that is greater than 40 percent of the pre-tax salary of the wildland 
firefighter.</DELETED>

        <DELETED>TITLE IV--CULTURAL CHANGE IN AGENCIES</DELETED>

<DELETED>SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.</DELETED>

<DELETED>    Not later than 3 years after the date of enactment of this 
Act, with respect to each unit of public lands and each unit of the 
National Forest System that contains land described in section 102(5), 
the Secretary concerned shall use not fewer than 1 of the following 
streamlined authorities for environmental review:</DELETED>
        <DELETED>    (1) Section 603(a) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6591b(a)).</DELETED>
        <DELETED>    (2) Section 605(a) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6591d(a)).</DELETED>
        <DELETED>    (3) Section 606(b) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6591e(b)).</DELETED>
        <DELETED>    (4) Section 40806(b) of the Infrastructure 
        Investment and Jobs Act (16 U.S.C. 6592b(b)).</DELETED>
        <DELETED>    (5) Section 40807 of the Infrastructure Investment 
        and Jobs Act (16 U.S.C. 6592c).</DELETED>
        <DELETED>    (6) Section 207 of the Wildfire Suppression 
        Funding and Forest Management Activities Act (16 U.S.C. 6591c 
        note; Public Law 115-141).</DELETED>

<DELETED>SEC. 402. CURTAILING EMPLOYEE RELOCATIONS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Agriculture, acting 
through the Chief of the Forest Service (referred to in this section as 
the ``Secretary''), shall curtail employee relocations to significantly 
increase the period of time that each line officer works at a duty 
station.</DELETED>
<DELETED>    (b) Line Officer Hiring Eligibility.--To the maximum 
extent practicable, the Secretary shall solicit applications for line 
officer positions in a manner that does not limit eligibility for the 
solicited position to only an applicant who is a current employee of 
the Forest Service.</DELETED>
<DELETED>    (c) Limits on Relocation Payments.--The Secretary shall 
not reimburse an employee or otherwise pay for expenses relating to a 
change in duty station in an amount that exceeds $100,000.</DELETED>
<DELETED>    (d) Employment Development.--The Secretary shall develop a 
program to provide incentives for employees to gain experience and 
skills without relocating (commonly referred to as ``growing in 
place'').</DELETED>

<DELETED>SEC. 403. REPEAL OF FLAME REPORTS.</DELETED>

<DELETED>    Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is 
amended--</DELETED>
        <DELETED>    (1) by striking subsection (h); and</DELETED>
        <DELETED>    (2) by redesignating subsection (i) as subsection 
        (h).</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Promoting 
Effective Forest Management Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                 TITLE I--ACCOMPLISHMENTS OVER RHETORIC

Sec. 101. Accelerating treatments on Federal land.
Sec. 102. Annual reports.
Sec. 103. Transparency in hazardous fuels reduction activity reporting.
Sec. 104. Regional forest carbon accounting.
Sec. 105. Wildland fire performance metrics.

                      TITLE II--FOREST MANAGEMENT

Sec. 201. Vegetation management, facility inspection, and operation and 
                            maintenance relating to electric 
                            transmission and distribution facility 
                            rights-of-way.
Sec. 202. Timber sales on National Forest System land.
Sec. 203. Categorical exclusion for high-priority hazard trees.
Sec. 204. Intervenor status.
Sec. 205. Utilizing grazing for wildfire risk reduction.

                          TITLE III--WORKFORCE

Sec. 301. Direct hire authority.
Sec. 302. Continuing accrual of service for firefighters.
Sec. 303. Affordable housing for Federal wildland firefighters.

                 TITLE IV--CULTURAL CHANGE IN AGENCIES

Sec. 401. Mandatory use of existing authorities.
Sec. 402. Public-private wildfire technology deployment and testbed 
                            partnership.
Sec. 403. Repeal of FLAME reports.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System; and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            (2) Hazardous fuels reduction activity.--
                    (A) In general.--The term ``hazardous fuels 
                reduction activity'' means any vegetation management 
                activity to reduce the risk of wildfire, including 
                mechanical treatments and prescribed burning.
                    (B) Exclusion.--The term ``hazardous fuels 
                reduction activity'' does not include the awarding of a 
                contract to conduct any activity described in 
                subparagraph (A).
            (3) National forest system.--
                    (A) In general.--The term ``National Forest 
                System'' has the meaning given the term in section 
                11(a) of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1609(a)).
                    (B) Exclusion.--The term ``National Forest System'' 
                does not include any forest reserve not created from 
                the public domain.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                Federal land described in paragraph (1)(A); and
                    (B) the Secretary of the Interior, acting through 
                the Director of the Bureau of Land Management, with 
                respect to Federal land described in paragraph (1)(B).
            (5) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

                 TITLE I--ACCOMPLISHMENTS OVER RHETORIC

SEC. 101. ACCELERATING TREATMENTS ON FEDERAL LAND.

    (a) Baseline Treatments for Fuels Reduction and Forest Health.--For 
Federal land, the Secretary concerned shall determine--
            (1) for each of fiscal years 2019 through 2023--
                    (A) the number of acres mechanically thinned, for 
                acres commercially thinned and for acres pre-
                commercially thinned; and
                    (B) the number of acres treated by prescribed fire; 
                and
            (2) the average of the numbers described in subparagraphs 
        (A) and (B) of paragraph (1) over the period of fiscal years 
        2019 through 2023.
    (b) Annual Goals.--
            (1) In general.--For Federal land for fiscal year 2025 and 
        each fiscal year thereafter, the Secretary concerned shall 
        establish annual--
                    (A) mechanical thinning goals for acres 
                commercially thinned and for acres pre-commercially 
                thinned; and
                    (B) prescribed fire goals.
            (2) Requirements.--
                    (A) Fiscal years 2025 and 2026.--For each of fiscal 
                years 2025 and 2026, the goals established under 
                subparagraphs (A) and (B) of paragraph (1) shall be not 
                less than the number of acres described in subsection 
                (a)(2).
                    (B) Fiscal years 2027 and 2028.--For each of fiscal 
                years 2027 and 2028, the goals established under 
                subparagraphs (A) and (B) of paragraph (1) shall be not 
                less than 20 percent more than the number of acres 
                described in subsection (a)(2).
                    (C) Fiscal year 2029 and subsequent fiscal years.--
                For fiscal year 2029 and each fiscal year thereafter, 
                the goals established under subparagraphs (A) and (B) 
                of paragraph (1) shall be not less than 40 percent more 
                than the number of acres described in subsection 
                (a)(2).
    (c) Regional Allotments.--Not later than 90 days after the date of 
enactment of this Act, and annually thereafter, the Secretary concerned 
shall assign annual acreage allotments for mechanical thinning and 
prescribed fire on Federal land, categorized by National Forest System 
region or by State, as appropriate.
    (d) Publication.--The Secretary concerned shall make publicly 
available the data described in subsections (a), (b), and (c), 
including by publishing that data on the website of the Forest Service 
and the website of the Bureau of Land Management.
    (e) Savings Provision.--Nothing in this section shall be construed 
to supersede or conflict with any other provision of law, including--
            (1) section 40803(b) of the Infrastructure Investment and 
        Jobs Act (16 U.S.C. 6592(b)); and
            (2) the Wilderness Act (16 U.S.C. 1131 et seq.).
    (f) Applicability of NEPA.--The establishment of annual goals under 
subsection (b)(1) and the assignment of regional allotments under 
subsection (c) shall not be subject to the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 102. ANNUAL REPORTS.

    Not later than September 30, 2025, and annually thereafter, the 
Secretary concerned shall publish on a public website of the Forest 
Service and a public website of the Bureau of Land Management the 
following information with respect to the Federal land during the 
preceding fiscal year:
            (1) The number of acres treated pursuant to section 
        40803(b) of the Infrastructure Investment and Jobs Act (16 
        U.S.C. 6592(b)).
            (2)(A) The number of acres mechanically thinned;
            (B) the number of acres treated by prescribed fire; and
            (C) whether the number of acres described in subparagraphs 
        (A) and (B) met or exceeded the acres described in section 
        101(b)(2).
            (3) Any limitations or challenges, including litigation or 
        delays in the preparation of environmental documentation, that 
        hindered the Secretary concerned from meeting or exceeding the 
        annual goals established under section 101(b)(1), if 
        applicable.
            (4) The number of acres that have undergone a regeneration 
        harvest.
            (5) The number of acres described in subparagraphs (A) and 
        (B) of paragraph (2) and paragraph (4) that are in an area 
        identified as having--
                    (A) the expectation that, without remediation, at 
                least 25 percent of standing live basal area greater 
                than 1 inch in diameter may die over a 15-year time 
                frame due to insects and diseases, as depicted on the 
                National Insect and Disease Composite Risk Map; or
                    (B) a very high or high wildfire hazard potential.
            (6) The number of acres described in subparagraphs (A) and 
        (B) of paragraph (2) and paragraph (4) that use either of the 
        following streamlined authorities for environmental review:
                    (A) A categorical exclusion.
                    (B) An emergency action authority of the Secretary 
                concerned.
            (7) The number of acres described in subparagraphs (A) and 
        (B) of paragraph (2) and paragraph (4) with respect to which 
        partners are used to carry out the work through--
                    (A) a good neighbor agreement under section 8206 of 
                the Agricultural Act of 2014 (16 U.S.C. 2113a);
                    (B) a master stewardship agreement;
                    (C) a contract or agreement entered into under the 
                Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); 
                or
                    (D) a stewardship end-result contract.

SEC. 103. TRANSPARENCY IN HAZARDOUS FUELS REDUCTION ACTIVITY REPORTING.

    (a) Inclusion of Hazardous Fuels Reduction Report in Materials 
Submitted in Support of the President's Budget.--
            (1) In general.--The Secretary concerned shall include in 
        the materials submitted in support of the President's budget 
        pursuant to section 1105 of title 31, United States Code, a 
        report describing--
                    (A) for each of fiscal years 2025 through 2030, the 
                number of acres of Federal land on which the Secretary 
                concerned carried out hazardous fuels reduction 
                activities during each of the preceding 6 fiscal years, 
                as assessed by the Secretary concerned using--
                            (i) the methodology of the Secretary 
                        concerned in effect on the day before the date 
                        of enactment of this Act; and
                            (ii) the methodology described in paragraph 
                        (2); and
                    (B) for fiscal year 2031 and each fiscal year 
                thereafter, the number of acres of Federal land on 
                which the Secretary concerned carried out hazardous 
                fuels reduction activities during each of the preceding 
                6 fiscal years, as assessed by the Secretary concerned 
                using the methodology described in paragraph (2).
            (2) Requirements.--For purposes of the reports required 
        under paragraph (1), the Secretary concerned shall--
                    (A) in determining the number of acres of Federal 
                land on which the Secretary concerned carried out 
                hazardous fuels reduction activities during each fiscal 
                year covered by the report--
                            (i) record acres of Federal land on which 
                        hazardous fuels reduction activities were 
                        completed during each such fiscal year; and
                            (ii) record each acre described in clause 
                        (i) once in the report with respect to a fiscal 
                        year, regardless of whether multiple hazardous 
                        fuels reduction activities were carried out on 
                        such acre during such fiscal year; and
                    (B) with respect to the acres of Federal land 
                recorded in the report, include information on--
                            (i) which such acres are located in the 
                        wildland-urban interface;
                            (ii) the level of wildfire risk (high, 
                        moderate, or low) on the first and last day of 
                        each fiscal year covered by the report;
                            (iii) the types of hazardous fuels 
                        reduction activities completed for such acres, 
                        delineating between whether such activities 
                        were conducted--
                                    (I) in a wildfire managed for 
                                resource benefits; or
                                    (II) through a planned project;
                            (iv) the cost per acre of hazardous fuels 
                        reduction activities carried out during each 
                        fiscal year covered by the report;
                            (v) the region or System unit in which the 
                        acres are located; and
                            (vi) the effectiveness of the hazardous 
                        fuels reduction activities on reducing the risk 
                        of wildfire.
            (3) Transparency.--The Secretary concerned shall make each 
        report submitted under paragraph (1) publicly available on the 
        website of the Department of Agriculture and the Department of 
        the Interior, as applicable.
    (b) Accurate Data Collection.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary concerned shall implement 
        standardized procedures for tracking data relating to hazardous 
        fuels reduction activities carried out by the Secretary 
        concerned.
            (2) Elements.--The standardized procedures required under 
        paragraph (1) shall include--
                    (A) regular, standardized data reviews of the 
                accuracy and timely input of data used to track 
                hazardous fuels reduction activities;
                    (B) verification methods that validate whether such 
                data accurately correlates to the hazardous fuels 
                reduction activities carried out by the Secretary 
                concerned;
                    (C) an analysis of the short- and long-term 
                effectiveness of the hazardous fuels reduction 
                activities on reducing the risk of wildfire; and
                    (D) for hazardous fuels reduction activities that 
                occur partially within the wildland-urban interface, 
                methods to distinguish which acres are located within 
                the wildland-urban interface and which acres are 
                located outside the wildland-urban interface.
            (3) Report.--Not later than 14 days after implementing the 
        standardized procedures required under paragraph (1), the 
        Secretary concerned shall submit to Congress a report that 
        describes--
                    (A) such standardized procedures; and
                    (B) program and policy recommendations to Congress 
                to address any limitations in tracking data relating to 
                hazardous fuels reduction activities under this 
                subsection.

SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.

    Not later than September 30, 2025, and every 3 years thereafter, 
the Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall--
            (1) using data from the forest inventory and analysis 
        program, determine the net forest carbon balance on the land in 
        the National Forest System of each Forest Service region, 
        including whether the National Forest System land is--
                    (A) a carbon source; or
                    (B) a carbon sink; and
            (2) publish the information described in paragraph (1) on 
        the website of the Forest Service.

SEC. 105. WILDLAND FIRE PERFORMANCE METRICS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary concerned shall submit to the 
committees of Congress described in subsection (c) a report on existing 
key performance indicators and potential outcome-based performance 
measures to reduce wildfire risk on Federal land.
    (b) Inclusions.--The report submitted under subsection (a) shall 
identify solutions to track the implementation and effectiveness of 
hazardous fuels reduction activities and forest restoration treatments, 
including strategies--
            (1) to track whether land management activities are 
        reducing wildfire hazards and ways to quantify and track acres 
        in maintenance status;
            (2) to track place-based and locally led outcomes;
            (3) to standardize national-level monitoring measures;
            (4) to quantify catastrophic wildfire risk reduction;
            (5) to identify modeling and data challenges that are 
        preventing the transition to annual wildfire risk mapping 
        updates; and
            (6) to integrate advanced technologies or a combination of 
        technologies and analyses that will benefit the quality of 
        information reported.
    (c) Committees of Congress Described.--The committees of Congress 
referred to in subsection (a) are--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (3) the Committee on Natural Resources of the House of 
        Representatives; and
            (4) the Committee on Agriculture of the House of 
        Representatives.

                      TITLE II--FOREST MANAGEMENT

SEC. 201. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND 
              MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS-OF-WAY.

    (a) Hazard Trees Within 50 Feet of Electric Power Line.--Section 
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and 
inserting ``50''.
    (b) Permits and Agreements With Owners and Operators of Electric 
Transmission or Distribution Facilities.--Section 512 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1772) is amended--
            (1) in the section heading, by striking ``managment'' and 
        inserting ``management'';
            (2) by redesignating subsections (j) and (k) as subsections 
        (k) and (l), respectively; and
            (3) by inserting after subsection (i) the following:
    ``(j) Permits and Agreements With Owners and Operators of Electric 
Transmission or Distribution Facilities.--
            ``(1) In general.--In any special use permit or easement on 
        National Forest System or Bureau of Land Management land 
        provided to the owner or operator of an electric transmission 
        or distribution facility, the Secretary concerned may provide 
        permission to cut and remove trees or other vegetation from 
        within the vicinity of the electric transmission or 
        distribution facility without requiring a separate timber sale, 
        if that cutting and removal is consistent with--
                    ``(A) the applicable plan;
                    ``(B) the applicable land and resource management 
                plan or land use plan; and
                    ``(C) other applicable environmental laws 
                (including regulations).
            ``(2) Use of proceeds.--A special use permit or easement 
        that includes permission for cutting and removal described in 
        paragraph (1) shall include a requirement that, if the owner or 
        operator of the electric transmission or distribution facility 
        sells any portion of the material removed under the permit or 
        easement, the owner or operator shall provide to the Secretary 
        concerned any proceeds received from the sale, less any 
        transportation costs incurred in the sale.
            ``(3) Effect.--Nothing in paragraph (2) shall require the 
        sale of any material removed under a permit or easement that 
        includes permission for cutting and removal described in 
        paragraph (1).''.

SEC. 202. TIMBER SALES ON NATIONAL FOREST SYSTEM LAND.

    Section 14(d) of the National Forest Management Act of 1976 (16 
U.S.C. 472a(d)) is amended, in the first sentence, by striking 
``$10,000'' and inserting ``$55,000''.

SEC. 203. CATEGORICAL EXCLUSION FOR HIGH-PRIORITY HAZARD TREES.

    (a) 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 Federal 
                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, if it failed, would be highly 
                likely to cause injury to people or damage to Federal 
                property; and
                    (C) is--
                            (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 on 
                        National Forest System land that is operated 
                        and maintained by the Secretary.
            (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, which may include pruning, felling, and 
                disposal of those high-priority hazard trees.
                    (B) Exclusions.--The term ``high-priority hazard 
                tree activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area;
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail;
                            (iii) any activity conducted on Federal 
                        land on which, by Act of Congress or 
                        Presidential proclamation, the removal of 
                        vegetation is restricted or prohibited;
                            (iv) any activity conducted in an area in 
                        which activities described in subparagraph (A) 
                        would be inconsistent with the applicable land 
                        and resource management plan; or
                            (v) any activity conducted in an 
                        inventoried roadless area.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) 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 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 3,000 acres.

SEC. 204. INTERVENOR STATUS.

    (a) In General.--For purposes of a civil action relating to a 
qualified project described in subsection (b), a unit of local 
government or an Indian Tribe shall be--
            (1) entitled to intervene, as of right, in any subsequent 
        civil action; and
            (2) considered to be a full participant in any settlement 
        negotiation relating to the qualified project if the unit of 
        local government or Indian Tribe, as applicable, intervenes.
    (b) Description of Qualified Project.--A qualified project referred 
to in subsection (a) is a project that--
            (1) is located on Federal land adjacent, or with sufficient 
        minimum contacts, as determined by the Secretary concerned, to 
        the land under the jurisdiction of the unit of local government 
        or Indian Tribe, as applicable;
            (2) has been approved by the Secretary concerned; and
            (3)(A) reduces the risk posed by wildfire, insect, or 
        disease; or
            (B) generates revenue from the harvesting of timber.

SEC. 205. UTILIZING GRAZING FOR WILDFIRE RISK REDUCTION.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary concerned shall develop and submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a 
strategy to analyze and identify opportunities to use livestock grazing 
as a wildfire risk reduction tool on Federal land, consistent with the 
laws applicable to the Secretary concerned.
    (b) Inclusions.--The strategy developed under subsection (a) shall 
include an analysis of--
            (1) opportunities--
                    (A) to increase the use of any authorities 
                applicable to livestock grazing, including 
                modifications to grazing permits or leases to allow 
                variances;
                    (B) to use targeted grazing to reduce hazardous 
                fuels;
                    (C) to integrate advanced technologies to 
                dynamically adjust livestock placement;
                    (D) to increase the use of livestock grazing to 
                eradicate invasive annual grasses and as a post-fire 
                restoration and recovery strategy, as appropriate; and
                    (E) to facilitate and expedite the temporary use of 
                vacant allotments during extreme weather events or 
                natural disasters; and
            (2) any other opportunities determined to be appropriate by 
        the Secretary concerned.
    (c) 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).

                          TITLE III--WORKFORCE

SEC. 301. DIRECT HIRE AUTHORITY.

    For fiscal year 2025 and each fiscal year thereafter, the Secretary 
concerned 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))) directly to a position for which the graduate meets Office of 
Personnel Management qualification standards.

SEC. 302. CONTINUING ACCRUAL OF SERVICE FOR FIREFIGHTERS.

    (a) Federal Employees' Retirement System.--Section 8401(14) of 
title 5, United States Code, is amended to read as follows:
            ``(14) the term `firefighter' means--
                    ``(A) an employee, the duties of whose position--
                            ``(i) are primarily to perform work 
                        directly connected with the control and 
                        extinguishment of non-wildland fires; and
                            ``(ii) are sufficiently rigorous that 
                        employment opportunities should be limited to 
                        young and physically vigorous individuals, as 
                        determined by the Director considering the 
                        recommendations of the employing agency;
                    ``(B) an employee, the duties of whose position--
                            ``(i) are primarily to perform work 
                        directly connected with the control and 
                        extinguishment of wildland fires; and
                            ``(ii) are sufficiently rigorous that 
                        employment opportunities should be limited to 
                        young and physically vigorous individuals, as 
                        determined by the Director considering the 
                        recommendations of the employing agency;
                    ``(C) an employee who--
                            ``(i) is transferred directly to a 
                        supervisory or administrative position after 
                        performing duties described in subparagraph (A) 
                        for at least 3 years; and
                            ``(ii) while serving in such supervisory or 
                        administrative position, has no break in 
                        service; or
                    ``(D) an employee who--
                            ``(i) occupies a supervisory or 
                        administrative position after performing duties 
                        described in subparagraph (B) for not less than 
                        3 years; and
                            ``(ii) has not more than 24 months in total 
                        time of breaks in service;''.
    (b) Service Before Date of Enactment.--
            (1) In general.--Subject to the requirements under 
        paragraph (2), service performed before the date of enactment 
        of this Act by an individual who, on the date of enactment of 
        this Act, is an employee (as defined in section 8401(11) of 
        title 5, United States Code) shall, for the purposes of chapter 
        84 of title 5, United States Code, be treated as service 
        performed by a firefighter if--
                    (A) such service was performed during the period 
                beginning on October 1, 2003, and ending on the day 
                before the date of enactment of this Act;
                    (B) at the time of performing such service--
                            (i) the individual did not meet the 
                        requirements to be a firefighter under section 
                        8401(14) of title 5, United States Code, 
                        because of a break in service; and
                            (ii) would have met the requirements to be 
                        a firefighter under section 8401(14)(D) of 
                        title 5, United States Code, as amended by this 
                        Act; and
                    (C) appropriate deductions and withholdings under 
                sections 8422 and 8423 of title 5, United States Code, 
                were made during such service.
            (2) Credit for service.--To receive credit for eligible 
        service under paragraph (1), the applicable individual shall--
                    (A) before the date on which the individual 
                separates from service in the agency in which the 
                individual holds a position on the date of enactment of 
                this Act, submit a written election to the agency 
                employing the individual;
                    (B) if the individual is not employed by the agency 
                that employed the individual when the service described 
                in paragraph (1) was performed, submit a written 
                election to such agency; and
                    (C) remit to the agency that employed the 
                individual when such service was performed the 
                additional amount that would have been deducted during 
                the period of prior service under section 8422 of title 
                5, United States Code, from the pay of the individual 
                if the amendments made by subsection (a) had been in 
                effect during the prior service, plus any applicable 
                interest computed under section 8334(e) of title 5, 
                United States Code.
            (3) Government contributions.--If an individual remits 
        payment under paragraph (2)(C) with respect to service 
        described in paragraph (1), the agency that employed the 
        individual when such service was performed shall remit to the 
        Office of Personnel Management (for deposit in the Treasury of 
        the United States to the credit of the Civil Service Retirement 
        and Disability Fund) the total additional amount of Federal 
        contributions that would have been paid under section 8423 of 
        title 5, United States Code, if the amendments made by 
        subsection (a) had been in effect during the prior service, 
        plus any applicable interest computed in accordance with 
        section 8334(e) of title 5, United States Code.
            (4) Notification and assistance requirements.--The Director 
        of the Office of Personnel Management shall--
                    (A) take such action as may be necessary and 
                appropriate to inform individuals entitled to have any 
                service credited under this subsection, or to have any 
                annuity computed under this subsection, of the 
                entitlement to the credit or computation; and
                    (B) upon request, assist any individual described 
                in subparagraph (A) in obtaining such information in 
                the possession of the Secretary of Agriculture or the 
                Secretary of the Interior, as applicable, as may be 
                necessary to verify the entitlement of the individual 
                to have any service credited, or to have any annuity 
                computed, pursuant to this subsection.
            (5) Rule of construction.--Nothing in this section shall be 
        construed to permit or require the making of any contribution 
        to the Thrift Savings Fund that would not otherwise have been 
        permitted or required but for the enactment of this section.

SEC. 303. AFFORDABLE HOUSING FOR FEDERAL WILDLAND FIREFIGHTERS.

    (a) Definitions.--In this section, the terms ``agency'' and 
``quarters'' have the meanings given the terms in section 5911(a) of 
title 5, United States Code.
    (b) Modernizing Rental Regulations for Federal Housing.--Section 
5911 of title 5, United States Code, is amended--
            (1) in subsection (f), by inserting after the first 
        sentence the following: ``In prescribing regulations under the 
        previous sentence defining a dormitory (also known as a 
        `bunkhouse' or `barracks') in relation to other forms of 
        quarters, the President shall do so based on the square footage 
        and intended number of residents of the quarters and shall 
        discount the square footage of any area devoted to official 
        use.''; and
            (2) by adding at the end the following:
    ``(i) The head of each agency shall, to the maximum extent 
practicable, maintain quarters under the jurisdiction of that agency 
that are rented by an employee in a safe and sanitary condition.
    ``(j) For any quarters rented by an employee that experience a loss 
in available facilities--
            ``(1) the head of the agency that owns or leases the 
        quarters shall attempt to repair or replace those facilities as 
        soon as practicable; and
            ``(2) the rental payments paid by the employee renting the 
        quarters shall be immediately discounted commensurate to that 
        loss in facilities.
    ``(k) Notwithstanding section 5536, for any quarters that become 
uninhabitable due to a loss of facilities or other emergency 
circumstance, the head of the agency that owns or leases the quarters 
may provide alternative quarters and assess a rental rate not greater 
than the rate of the inhabitable quarters for a period of not longer 
than 28 days.
    ``(l) Notwithstanding section 5536, the head of an agency may rent 
quarters owned or leased by that agency to an employee at a rate 
corresponding to full occupancy of those quarters, without regard to 
whether the quarters are fully occupied.
    ``(m) If quarters are not fully occupied by employees at any point 
during a period of more than 1 year, the head of the agency that owns 
or leases the quarters may, subject to the approval of the Director of 
the Office of Management and Budget, reduce the rental rate charged to 
an employee for those quarters by not more than 5 percent.''.
    (c) Accurate Rental Rates for Housing.--
            (1) Accuracy assessment of rent for remote housing.--Not 
        later than 120 days after the date of enactment of this Act, 
        the Comptroller General of the United States shall initiate a 
        study of the determination of rental rates for quarters owned 
        or leased by agencies that are--
                    (A) subject to a reduction in rental rates due to 
                the remoteness of the quarters under the regulations 
                promulgated under Circular A-45R of the Office of 
                Management and Budget, as revised on November 25, 2019 
                (referred to in this subsection as ``Circular A-45R''); 
                or
                    (B) located in an area that receives a different 
                locality-comparability payment under section 5304 or 
                5304a of title 5, United States Code, than the nearest 
                established community for those quarters, as determined 
                under the regulations promulgated under Circular A-45R.
            (2) Analysis.--In conducting the study required under 
        paragraph (1), the Comptroller General of the United States 
        shall analyze--
                    (A) the extent to which rental rates for the 
                quarters accurately reflect similar units offered for 
                rent in local housing markets or housing markets of the 
                nearest established community;
                    (B) the accuracy of rental rate adjustments 
                relating to the remoteness of the quarters in making 
                rental rates more reflective of rates in the local 
                housing market, especially for any housing that can 
                only be accessed through methods other than on a paved 
                road; and
                    (C) whether the maximum allowable remoteness 
                adjustment of 60 percent from similar units in the 
                nearest established community is sufficient in cases of 
                extremely remote housing to accurately reflect local 
                housing markets.
            (3) Consultation.--In conducting the study required under 
        paragraph (1) or the analysis required under paragraph (2), the 
        Comptroller General of the United States may consult with--
                    (A) the National Housing Council described in 
                Circular A-45R;
                    (B) the Director of the Office of Management and 
                Budget;
                    (C) the Secretary of Agriculture;
                    (D) the Secretary of the Interior; or
                    (E) any other agency that owns or leases quarters.
            (4) Remediation.--
                    (A) In general.--Not later than 180 days after the 
                completion of the study required under paragraph (2), 
                the Director of the Office of Management and Budget 
                shall review the regulations promulgated under Circular 
                A-45R and, if necessary, revise the regulations to 
                remedy, to the maximum extent practicable, any 
                discrepancies between established rental rates for 
                quarters and the market rate for those quarters.
                    (B) Factors for consideration.--The Director of the 
                Office of Management and Budget, in completing any 
                review or revision under subparagraph (A), shall 
                consider the best available evidence, including the 
                survey and analysis by the Comptroller General of the 
                United States under paragraphs (1) and (2), 
                respectively.
                    (C) Nonapplication.--The requirement under 
                subparagraph (A) to revise regulations promulgated 
                under Circular A-45R shall not apply if the Director of 
                the Office of Management and Budget certifies that 
                remedying the discrepancies described in subparagraph 
                (A) would result in increased rental rates, on average, 
                for quarters.
    (d) Affordability of Housing for Wildland Firefighters.--
            (1) Reporting on expensive firefighter housing.--Not later 
        than 180 days after the date of the revision of regulations 
        under subsection (c)(4)(A), or the certification under section 
        (c)(4)(C), the Secretary of Agriculture and the Secretary of 
        the Interior shall prepare a report that establishes a list of 
        any quarters owned or leased by that Secretary that--
                    (A) as of the date on which the report is prepared, 
                are rented, or are intended for rent, primarily by a 
                wildland firefighter; and
                    (B) have a rental cost that exceeds 30 percent of--
                            (i) the rate of basic pay for that wildland 
                        firefighter, or any special rate of basic pay 
                        established for that wildland firefighter, plus 
                        any locality-based comparability payment under 
                        section 5304 or 5304a of title 5, United States 
                        Code; or
                            (ii) for a prevailing rate employee 
                        described in section 5342(a)(2)(A) of that 
                        title in a position for which the duties of the 
                        position relate primarily to wildland fires, 
                        the wage rate of that employee.
            (2) Remediation.--For any quarters included on the list 
        required under paragraph (1), the Secretary of Agriculture or 
        the Secretary of the Interior, as applicable, shall prepare a 
        plan to reduce the rental costs for those quarters, including 
        by--
                    (A) reducing the rental costs for such housing 
                under the authority provided in subsection (m) of 
                section 5911 of title 5, United States Code, as added 
                by this section;
                    (B) using the authorities provided by--
                            (i) section 8623 of the Agriculture 
                        Improvement Act of 2018 (16 U.S.C. 580d note; 
                        Public Law 115-334);
                            (ii) subchapter III of chapter 1013 of 
                        title 54, United States Code; or
                            (iii) section 7 of the Fish and Wildlife 
                        Act of 1956 (16 U.S.C. 742f); or
                    (C) other applicable authorities to construct or 
                lease housing.
            (3) Temporary remediation.--
                    (A) Time table required.--Each remediation plan 
                prepared under paragraph (2) shall include a timeline 
                for implementing the plan.
                    (B) Rental cap.--Notwithstanding the requirements 
                of section 5536 of title 5, United States Code, the 
                Secretary of Agriculture or Secretary of the Interior, 
                as applicable, may establish a cap on rental costs for 
                a wildland firefighter or prevailing rate employee in a 
                position for which the duties of the position relate 
                primarily to wildland fires that inhabits quarters 
                subject to a remediation plan under paragraph (2), 
                which shall be not more than 30 percent of--
                            (i) the rate of basic pay for that wildland 
                        firefighter, or any special rate of basic pay 
                        established for that wildland firefighter, plus 
                        any locality-based comparability payment under 
                        section 5304 or 5304a of that title; or
                            (ii) for a prevailing rate employee 
                        described in section 5342(a)(2)(A) of title 5, 
                        United States Code, the wage rate of that 
                        employee.
                    (C) Rental cap duration.--The duration of any 
                rental cap imposed under subparagraph (B) shall not 
                exceed the timetable identified under subparagraph (A) 
                for implementation of the applicable remediation plan 
                prepared under paragraph (2).
                    (D) Rental cap renewal.--A rental cap, the duration 
                of which has expired under subparagraph (C) because of 
                implementation delays for the applicable remediation 
                plan prepared under paragraph (2), may be renewed for 
                periods of not longer than 2 years, if the Secretary of 
                Agriculture or the Secretary of the Interior, as 
                applicable, submits an explanation of the reason for 
                the implementation delays to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate;
                            (iii) the Committee on Homeland Security 
                        and Governmental Affairs 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 Agriculture of the 
                        House of Representatives;
                            (vii) the Committee on Oversight and 
                        Accountability of the House of Representatives; 
                        and
                            (viii) the Committee on Appropriations of 
                        the House of Representatives.

                 TITLE IV--CULTURAL CHANGE IN AGENCIES

SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.

    Not later than 3 years after the date of enactment of this Act, 
with respect to each unit of Federal land that contains land described 
in section 102(5), the Secretary concerned shall use not fewer than 1 
of the following streamlined authorities for environmental review:
            (1) Section 603(a) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591b(a)).
            (2) Section 605(a) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591d(a)).
            (3) Section 606(b) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591e(b)).
            (4) Section 40806(b) of the Infrastructure Investment and 
        Jobs Act (16 U.S.C. 6592b(b)).
            (5) Section 40807 of the Infrastructure Investment and Jobs 
        Act (16 U.S.C. 6592c).
            (6) Section 207 of the Wildfire Suppression Funding and 
        Forest Management Activities Act (16 U.S.C. 6591c note; Public 
        Law 115-141).

SEC. 402. PUBLIC-PRIVATE WILDFIRE TECHNOLOGY DEPLOYMENT AND TESTBED 
              PARTNERSHIP.

    (a) Definitions.--In this section:
            (1) Appropriate committees.--The term ``appropriate 
        committees'' means--
                    (A) the Committees on Agriculture, Nutrition, and 
                Forestry, Energy and Natural Resources, and Commerce, 
                Science, and Transportation of the Senate; and
                    (B) the Committees on Agriculture, Natural 
                Resources, and Science, Space, and Technology of the 
                House of Representatives.
            (2) Covered agency.--The term ``covered agency'' means--
                    (A) each Federal land management agency (as defined 
                in section 802 of the Federal Lands Recreation 
                Enhancement Act (16 U.S.C. 6801));
                    (B) the Department of Defense;
                    (C) the National Oceanic and Atmospheric 
                Administration;
                    (D) the United States Fire Administration;
                    (E) the Federal Emergency Management Agency;
                    (F) the National Aeronautics and Space 
                Administration;
                    (G) the Bureau of Indian Affairs; and
                    (H) any other Federal agency involved in wildfire 
                response.
            (3) Covered entity.--The term ``covered entity'' means--
                    (A) a private entity;
                    (B) a nonprofit organization; and
                    (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 established under 
        subsection (b).
            (5) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior, 
        acting jointly.
    (b) Establishment.--Not later than 60 days after the date of 
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 activities or 
                treatments;
                    (B) dispatch communications;
                    (C) remote sensing and tracking;
                    (D) safety equipment; and
                    (E) common operating pictures or operational 
                dashboards; and
            (3) connect 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 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 Pilot 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 the wildfire prevention, detection, communication, and 
        mitigation efforts of Federal land management agencies (as 
        defined in section 802 of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801)).
    (h) Termination.--The Pilot Program shall expire on the date that 
is 7 years after the date of enactment of this Act.

SEC. 403. REPEAL OF FLAME REPORTS.

    Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsection (i) as subsection (h).
                                                       Calendar No. 592

118th CONGRESS

  2d Session

                                S. 2867

_______________________________________________________________________

                                 A BILL

 To address the forest health crisis on the National Forest System and 
                 public lands, and for other purposes.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
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