I 

116TH CONGRESS 

2D SESSION H. R. 7978 

To increase wildfire preparedness and response throughout the United States, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 7, 2020 

Mr. PANETTA (for himself, Mr. LAMALFA, Mr. COSTA, Mr. HARDER of California, Mr. GARAMENDI, Mr. COX of California, Mr. CARBAJAL, and Mr. 

GIANFORTE) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Education and Labor, Energy 

and Commerce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To increase wildfire preparedness and response throughout 

the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Public Safety Act of 2020’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

Sec. 4. Definitions. 

TITLE I—WILDFIRE MITIGATION PROJECTS 

Sec. 101. Forest landscape projects. 

Sec. 102. Wildfire detection equipment. 

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

Sec. 104. Emergency actions. 

Sec. 105. New information in land management plans. 

Sec. 106. Hazard mitigation using disaster assistance. 

TITLE II—BIOMASS 

Sec. 201. Biomass energy infrastructure program. 

TITLE III—TIMBER EXPORTS 

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

and dying trees in the State of California. 

TITLE IV—OTHER MATTERS 

Sec. 401. Innovative forest workforce development program. 

Sec. 402. Western prescribed fire center. 

Sec. 403. Retrofits for fire-resilient communities. 

Sec. 404. Critical infrastructure and microgrid program. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

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

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

6 wildfires in the last 100 years, devastating Federal, 

7 State, and private land, destroying tens of thousands 

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

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

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


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1 climate change have increased the risk of wildfires, 

2 and, according to the Fourth National Climate As3 sessment by the United States Global Change Re4 search Program, the cumulative number of acres 

5 burned in the period from 1984 to 2015 was twice 

6 the number of acres that would have burned in the 

7 absence of climate change; 

8 (3) increased development in the wildland-urban 

9 interface near overgrown forest landscapes has in10 creased the number of people living in areas that are 

11 at risk of wildfire; 

12 (4) despite legislation enacted over the last 20 

13 years to facilitate hazardous fuels reduction, certain 

14 statutory, regulatory, and administrative require15 ments, including studies, publication periods, season16 specific surveys, and objection processes, and litiga17 tion can significantly impede rapid implementation 

18 of hazardous fuels reduction projects necessary to 

19 protect lives and property; 

20 (5) increasing the pace and scale of science21 based, publicly developed forest management activi22 ties that reduce hazardous fuels, including through 

23 mechanical thinning and controlled burning, can re24 duce the size and scope of wildfires, as well as pro25 tect watersheds, improve fish and wildlife habitat, 


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1 expand recreational opportunities, protect air qual2 ity, and increase the sequestration of carbon on Na3 tional Forest System and Bureau of Land Manage4 ment land; 

5 (6) in 2019, 11,800,000 acres of National For6 est System land in the State of California and 

7 6,300,000 acres of National Forest System land in 

8 the State of Montana were at high or very high wild9 fire hazard potential, of which 3,100,000 acres and 

10 1,600,000 acres, respectively, were within proximity 

11 to populated areas; and 

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

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

14 tree die-off throughout the State that has increased 

15 the risk of wildfires and has created extremely dan16 gerous fire conditions. 

17 SEC. 4. DEFINITIONS. 

18 In this Act: 

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

20 means— 

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

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

23 Rangeland Renewable Resources Planning Act 

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


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

2 of the Federal Land Policy and Management 

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

4 (2) SECRETARY CONCERNED.—The term ‘‘Sec5 retary concerned’’ means— 

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

8 (1)(A); and 

9 (B) the Secretary of the Interior, with re10 spect to Federal land described in paragraph 

11 (1)(B). 

12 TITLE I—WILDFIRE MITIGATION 

13 PROJECTS 

14 SEC. 101. FOREST LANDSCAPE PROJECTS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COLLABORATIVE PROCESS.—The term ‘‘col17 laborative process’’ means a collaborative process de18 scribed in section 4003(b)(2) of the Omnibus Public 

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

20 7303(b)(2)). 

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

22 landscape’’ means an area that— 

23 (A) primarily or entirely contains land that 

24 has a high or very high wildfire hazard poten25 tial; 


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1 (B) due to a fuel management activity in 

2 the area, would have a reduced risk, as deter3 mined by the Secretary concerned— 

4 (i) of wildfire endangering a nearby 

5 at-risk community (as defined in section 

6 101 of the Healthy Forests Restoration 

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

8 (ii) of wildfire damaging a municipal 

9 watershed or infrastructure that serves an 

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

11 or 

12 (iii) of the transmission of a high in13 tensity wildfire from the applicable 

14 wildland-urban interface or forest land15 scape to a nearby community; and 

16 (C) to the extent practicable, is conducive 

17 to the development and implementation of 

18 projects relating to wildfire resilience and forest 

19 health that are carried out through a collabo20 rative process. 

21 (3) FOREST LANDSCAPE PROJECT.—The term 

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

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

24 (A) in which 1 or more management activi25 ties are carried out; and 


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1 (B) that takes place on not more than 

2 75,000 acres of Federal land or non-Federal 

3 land adjacent to Federal land on which the 

4 project is carried out. 

5 (4) MANAGEMENT ACTIVITY.—The term ‘‘man6 agement activity’’ means— 

7 (A) the installation of fuel breaks (including shaded fuel breaks) not more than 1 8 ⁄2-mile 

9 wide across a forest landscape in a strategic 

10 system that maximizes the reduction of wildfire 

11 risk to communities or watersheds; 

12 (B) mechanical thinning (including res13 toration thinning) of a forest landscape to 

14 clear— 

15 (i) surface fuels, such as slash; 

16 (ii) ladder fuels, such as small and 

17 medium diameter trees and shrubs; or 

18 (iii) both of the fuels described in 

19 clauses (i) and (ii); and 

20 (C) controlled burns. 

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

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

23 meridian. 

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

25 habitat’’ means an ecological community on which a 


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

2 or invertebrate depends for the conservation and 

3 protection of the species. 

4 (b) ESTABLISHMENT.— 

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

6 the date of enactment of this Act, in accordance 

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

8 consultation with the Secretary of the Interior, shall 

9 select 3 forest landscapes on which to conduct forest 

10 landscape projects— 

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

12 forest landscape; 

13 (B) to restore ecological health to the for14 est landscape; or 

15 (C) to adapt the forest landscape to the in16 creased risk of wildfire due to climate change. 

17 (2) PROCESS.— 

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

19 may submit to the Secretary of Agriculture a 

20 proposal for a forest landscape project to be 

21 carried out in that State. 

22 (B) SELECTION.—The Secretary of Agri23 culture, in consultation with the Secretary of 

24 the Interior, shall select forest landscape 


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1 projects to be conducted from among proposals 

2 submitted under subparagraph (A) based on— 

3 (i) the strength of the proposal and 

4 the strategy for the conduct of the forest 

5 landscape project; 

6 (ii) the strength of the ecological case 

7 of the proposal and the proposed ecological 

8 restoration strategies of the forest land9 scape project; 

10 (iii) the strength of the collaborative 

11 process through which the proposal was 

12 developed and the forest landscape project 

13 will be carried out and the likelihood of 

14 successful collaboration throughout imple15 mentation of the forest landscape project; 

16 (iv) whether the proposed forest land17 scape project is likely to achieve reductions 

18 in long-term wildfire management costs; 

19 (v) whether the proposed forest land20 scape project would reduce the relative 

21 costs of carrying out ecological restoration 

22 treatments; 

23 (vi) whether the proposed forest land24 scape project would provide energy as a reVerDate Sep 11 2014 01:08 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7978.IH H7978

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1 sult of the use of woody biomass and 

2 small-diameter trees; and 

3 (vii) whether an appropriate level of 

4 non-Federal investment would be leveraged 

5 in carrying out the proposed forest land6 scape project. 

7 (C) CONSULTATION.—In selecting pro8 posals under subparagraph (B), the Secretary 

9 of Agriculture, in consultation with the Sec10 retary of the Interior, shall consult with the 

11 Governors of the States that submitted pro12 posals under subparagraph (A). 

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

14 landscape under this subsection shall not be subject 

15 to the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.) or any other applicable law. 

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

18 management activity under a forest landscape project, the 

19 Secretary concerned— 

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

21 stands and large trees, as appropriate for the forest 

22 type, to the extent that the trees promote stands 

23 that are resilient to wildfire and increased average 

24 temperature; 


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1 (2) shall consider the best available scientific 

2 information to maintain or restore the ecological in3 tegrity of the forest landscape; and 

4 (3) shall not establish a permanent road. 

5 (d) ENVIRONMENTAL ANALYSIS.— 

6 (1) APPLICATION TO CERTAIN ENVIRONMENTAL

7 ASSESSMENTS AND ENVIRONMENTAL IMPACT STATE8 MENTS.—This subsection shall apply in any case in 

9 which the Secretary concerned prepares an environ10 mental assessment or an environmental impact 

11 statement pursuant to section 102(2) of the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4332(2)) for a forest landscape project— 

14 (A) that— 

15 (i) is developed through a collabo16 rative process; or 

17 (ii) is covered by a community wildfire 

18 protection plan; 

19 (B) the primary purpose of which is— 

20 (i) reducing hazardous fuel loads; 

21 (ii) installing fuel and fire breaks; 

22 (iii) restoring forest health and resil23 ience; 

24 (iv) protecting a municipal water sup25 ply or a critical communication site; 


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1 (v) improving wildlife habitat to meet 

2 management and conservation goals, in3 cluding State population goals; or 

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

5 purposes described in clauses (i) through 

6 (v); and 

7 (C) that does not include any action that 

8 is inconsistent with the applicable land and re9 source management plan. 

10 (2) CONSIDERATION OF ALTERNATIVES.—In an 

11 environmental assessment or environmental impact 

12 statement described in paragraph (1), the Secretary 

13 concerned shall study, develop, and describe only the 

14 following alternatives: 

15 (A) The forest landscape project, as pro16 posed under paragraph (1). 

17 (B) A forest management activity or com18 bination of forest management activities pro19 posed by the relevant agency. 

20 (C) The alternative of no action. 

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

22 In the case of the alternative of no action, the Sec23 retary concerned shall evaluate the effect of no ac24 tion only on— 

25 (A) forest health; 


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1 (B) wildlife habitat; 

2 (C) wildfire potential; 

3 (D) insect and disease potential; 

4 (E) economic and social factors; and 

5 (F) water quality and quantity. 

6 (4) EXCLUSIONS.—This subsection does not 

7 apply to— 

8 (A) any component of the National Wilder9 ness Preservation System; 

10 (B) any congressionally designated wilder11 ness study area; 

12 (C) any component of the National Wild 

13 and Scenic Rivers System; 

14 (D) any research natural area; 

15 (E) any National Forest System land or 

16 public land on which the removal of vegetation 

17 is prohibited by an Act of Congress or the 

18 President; 

19 (F) any land in an inventoried roadless 

20 area; or 

21 (G) any designated critical habitat for a 

22 federally listed threatened or endangered spe23 cies, unless, after a consultation under section 

24 7 of the Endangered Species Act of 1973 (16 

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1 ing through the Director of the United States 

2 Fish and Wildlife Service, determines that the 

3 forest management activity is not likely to de4 stroy or adversely modify the critical habitat. 

5 (5) ROAD BUILDING.— 

6 (A) PERMANENT ROADS.—A forest land7 scape project carried out under this section 

8 shall not include the construction of any new, 

9 permanent road. 

10 (B) EXISTING ROADS.—The Secretary con11 cerned may carry out necessary maintenance of, 

12 repairs to, or reconstruction of an existing per13 manent road under a forest landscape project 

14 carried out under this section. 

15 (C) TEMPORARY ROADS.—The Secretary 

16 concerned shall decommission any temporary 

17 road constructed under a forest landscape 

18 project carried out under this section by not 

19 later than 3 years after the date on which the 

20 Secretary concerned determines the road is no 

21 longer needed. 

22 (6) JUDICIAL REVIEW IN UNITED STATES DIS23 TRICT COURTS.— 

24 (A) VENUE.—Notwithstanding section 

25 1391 of title 28, United States Code, or other 


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1 applicable law, a forest landscape project for 

2 which an environmental assessment or an envi3 ronmental impact statement is prepared under 

4 paragraph (2)(A) shall be subject to judicial re5 view only in— 

6 (i) the United States district court for 

7 a district in which the Federal land to be 

8 treated under the forest landscape project 

9 is located; or 

10 (ii) the United States district court 

11 for the District of Columbia. 

12 (B) EXPEDITIOUS COMPLETION OF JUDI13 CIAL REVIEW.—In the judicial review of an ac14 tion challenging a forest landscape project de15 scribed in subparagraph (A), Congress encour16 ages a court of competent jurisdiction to expe17 dite, to the maximum extent practicable, the 

18 proceedings in the action with the goal of ren19 dering a final determination on jurisdiction, 

20 and, if jurisdiction exists, a final determination 

21 on the merits, as soon as practicable after the 

22 date on which a complaint or appeal is filed to 

23 initiate the action. 

24 (C) INJUNCTIONS.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii), the length of any preliminary injunc3 tive relief or stay pending appeal covering 

4 a forest landscape project described in sub5 paragraph (A) shall not exceed 60 days. 

6 (ii) RENEWAL.— 

7 (I) IN GENERAL.—A court of 

8 competent jurisdiction may issue 1 or 

9 more renewals of any preliminary in10 junction, or stay pending appeal, 

11 granted under clause (i). 

12 (II) UPDATES.—In each renewal 

13 of an injunction in an action, the par14 ties to the action shall present the 

15 court with updated information on the 

16 status of the forest landscape project. 

17 (iii) REQUIREMENT FOR INJUNC18 TION.—A court shall not enjoin an agency 

19 action under a forest landscape project de20 scribed in subparagraph (A) if the court 

21 determines that the plaintiff is unable to 

22 demonstrate that the claim of the plaintiff 

23 is likely to succeed on the merits. 

24 (iv) BALANCING OF SHORT- AND

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1 ing the equities while considering any re2 quest for an injunction that applies to an 

3 agency action under a forest landscape 

4 project described in subparagraph (A), the 

5 court reviewing the project shall balance 

6 the impact to the ecosystem likely affected 

7 by the project of— 

8 (I) the short- and long-term ef9 fects of undertaking the agency ac10 tion; against 

11 (II) the short- and long-term ef12 fects of not undertaking the agency 

13 action. 

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

15 concerned shall seek to use existing statutory and adminis16 trative authorities, including a good neighbor agreement 

17 entered into under section 8206 of the Agricultural Act 

18 of 2014 (16 U.S.C. 2113a), to carry out each forest land19 scape project. 

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

21 fiscal year, each Secretary concerned shall submit a report 

22 describing the impacts on wildfire risk and the environ23 ment of forest landscape projects carried out under this 

24 section to— 


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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; 

3 (2) the Committee on Natural Resources of the 

4 House of Representatives; 

5 (3) the Committee on Agriculture, Nutrition, 

6 and Forestry of the Senate; and 

7 (4) the Committee on Agriculture of the House 

8 of Representatives. 

9 (g) FUNDING.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to carry out 

12 this section such sums as may be necessary for each 

13 fiscal year. 

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

15 concerned shall seek additional funding to carry out 

16 this section from private and State sources. 

17 SEC. 102. WILDFIRE DETECTION EQUIPMENT. 

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

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

20 amended by adding at the end the following: 

21 ‘‘SEC. 607. WILDFIRE DETECTION EQUIPMENT. 

22 ‘‘To the extent practicable, the Secretary of Agri23 culture and the Secretary of the Interior shall— 


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1 ‘‘(1) expedite the placement of wildfire detec2 tion equipment, such as sensors, cameras, and other 

3 relevant equipment, in areas at risk of wildfire; 

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

5 wildfire response; and 

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

7 Secretary of Agriculture or the Secretary of the In8 terior for the installation, maintenance, or removal 

9 of wildfire detection equipment.’’. 

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

11 for the Healthy Forests Restoration Act of 2003 (16 

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

13 adding at the end of the items relating to title VI the fol14 lowing: 

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

15 SEC. 103. ESTABLISHMENT OF FUEL BREAKS IN FORESTS 

16 AND OTHER WILDLAND VEGETATION. 

17 (a) DEFINITIONS.—In this section: 

18 (1) HABITAT OF SIGNIFICANT VALUE.—The 

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

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

21 (A) of national, statewide, or regional eco22 logical importance; 

23 (B) that is identified as a candidate for 

24 protection, fully protected, sensitive, or as a 


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1 habitat for a species of special status by a State 

2 or Federal agency; or 

3 (C) that is essential to the movement of 

4 resident or migratory wildlife. 

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

6 means an area— 

7 (A) that is transitional between terrestrial 

8 and aquatic ecosystems; 

9 (B) that is distinguished by gradients in 

10 biophysical conditions, ecological processes, and 

11 biota; 

12 (C) through which surface and subsurface 

13 hydrology connect bodies of water with adjacent 

14 uplands; 

15 (D) that is adjacent to perennial, intermit16 tent, and ephemeral streams, lakes, or estuarine 

17 or marine shorelines; and 

18 (E) that includes the portions of terrestrial 

19 ecosystems that significantly influence ex20 changes of energy and matter with aquatic eco21 systems. 

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

23 the meaning given the term in section 101 of the 

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

25 6511). 


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1 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For2 est management activities described in subsection (c) are 

3 a category of actions designated as being categorically ex4 cluded from the preparation of an environmental assess5 ment or an environmental impact statement under section 

6 102 of the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4332). 

8 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED

9 FOR CATEGORICAL EXCLUSION.— 

10 (1) IN GENERAL.—The category of forest man11 agement activities designated under subsection (b) 

12 for a categorical exclusion are forest management 

13 activities described in paragraph (2) that are carried 

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

15 section 3 of the Healthy Forests Restoration Act of 

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

17 which is to establish and maintain linear fuel breaks 

18 that are— 

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

20 and incorporating, existing linear features, such 

21 as roads, trails, transmission lines, and pipe22 lines of any length on Federal land; and 

23 (B) intended to reduce the risk of wildfire 

24 on the Federal land or an adjacent at-risk com25 munity. 


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

2 forest management activities that may be carried out 

3 pursuant to the categorical exclusion established 

4 under subsection (b) are— 

5 (A) mowing or masticating; 

6 (B) thinning by manual and mechanical 

7 cutting; 

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

9 (D) selling of vegetation products, includ10 ing timber, firewood, biomass, slash, and fence11 posts; 

12 (E) targeted grazing; 

13 (F) application of— 

14 (i) pesticide; 

15 (ii) biopesticide; or 

16 (iii) herbicide; 

17 (G) seeding of native species; 

18 (H) controlled burns and broadcast burn19 ing; and 

20 (I) burning of piles, including jackpot 

21 piles. 

22 (3) EXCLUDED ACTIVITIES.—A forest manage23 ment activity described in paragraph (2) may not be 

24 carried out pursuant to the categorical exclusion esVerDate Sep 11 2014 01:08 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7978.IH H7978

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1 tablished under subsection (b) if the activity is con2 ducted— 

3 (A) in a wilderness area or wilderness 

4 study area; 

5 (B) for the construction of a permanent 

6 road or permanent trail; 

7 (C) on National Forest System land or 

8 land managed by the Bureau of Land Manage9 ment on which the removal of vegetation is pro10 hibited or restricted by Congress or the Presi11 dent; or 

12 (D) in an area in which the activity 

13 would— 

14 (i) be inconsistent with the applicable 

15 land and resource management plan; 

16 (ii) have a substantial adverse impact 

17 on— 

18 (I) wetlands, as defined in the 

19 United States Fish and Wildlife Serv20 ice Manual, part 660 FW 2 (June 21, 

21 1993); 

22 (II) a riparian area; or 

23 (III) a habitat of significant 

24 value; or 

25 (iii) harm— 


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1 (I) any species protected by the 

2 Endangered Species Act of 1973 (16 

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

4 (II) the habitat of a species de5 scribed in subclause (I). 

6 (4) EXTRAORDINARY CIRCUMSTANCES.—The 

7 Secretary shall apply the extraordinary cir8 cumstances procedures under section 220.6 of title 

9 36, Code of Federal Regulations (or a successor reg10 ulation), in determining whether to use a categorical 

11 exclusion under subsection (b). 

12 (d) ACREAGE AND LOCATION LIMITATIONS.—Treat13 ments of vegetation in linear fuel breaks covered by the 

14 categorical exclusion established under subsection (b)— 

15 (1) may not contain treatment units in excess 

16 of 3,000 acres; and 

17 (2) shall be located primarily in an area de18 scribed in section 605(c)(2) of the Healthy Forests 

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

20 SEC. 104. EMERGENCY ACTIONS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) EMERGENCY ACTION.—The term ‘‘emer23 gency action’’ means an action carried out pursuant 

24 to an emergency situation determination to mitigate 

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


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1 cultural resources on National Forest System land 

2 or adjacent land. 

3 (2) EMERGENCY SITUATION.—The term ‘‘emer4 gency situation’’ means a situation on National For5 est System land for which immediate implementation 

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

7 following results: 

8 (A) Relief from hazards threatening 

9 human health and safety. 

10 (B) Mitigation of threats to natural re11 sources on National Forest System land or ad12 jacent land. 

13 (3) EMERGENCY SITUATION DETERMINATION.— 

14 The term ‘‘emergency situation determination’’ 

15 means a determination made by the Secretary under 

16 subsection (b)(1)(A). 

17 (4) LAND AND RESOURCE MANAGEMENT

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

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

20 Forest and Rangeland Renewable Resources Plan21 ning Act of 1974 (16 U.S.C. 1604). 

22 (5) NATIONAL FOREST SYSTEM LAND.—The 

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

24 the National Forest System (as defined in section 


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1 11(a) of the Forest and Rangeland Renewable Re2 sources Planning Act of 1974 (16 U.S.C. 1609(a))). 

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

4 the Secretary of Agriculture. 

5 (b) AUTHORIZED EMERGENCY ACTIONS TO RE6 SPOND TO EMERGENCY SITUATIONS.— 

7 (1) DETERMINATION.— 

8 (A) IN GENERAL.—The Secretary may 

9 make a determination that an emergency situa10 tion exists with respect to National Forest Sys11 tem land. 

12 (B) REVIEW.—An emergency situation de13 termination shall not be subject to objection 

14 under the predecisional administrative review 

15 processes under part 218 of title 36, Code of 

16 Federal Regulations (or successor regulations). 

17 (C) APPLICABILITY.—An emergency situa18 tion determination shall not be subject to the 

19 National Environmental Policy Act of 1969 (42 

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

21 law. 

22 (2) AUTHORIZED EMERGENCY ACTIONS.—After 

23 making an emergency situation determination with 

24 respect to National Forest System land, the SecVerDate Sep 11 2014 01:08 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7978.IH H7978

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1 retary may carry out emergency actions on that Na2 tional Forest System land, including through— 

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

4 (B) the harvest of trees damaged by wind 

5 or ice; 

6 (C) the commercial and noncommercial 

7 sanitation harvest of trees to control insects or 

8 disease, including trees already infested with in9 sects or disease; 

10 (D) the reforestation or replanting of fire11 impacted areas through planting, control of 

12 competing vegetation, or other activities that 

13 enhance natural regeneration and restore forest 

14 species; 

15 (E) the removal of hazardous trees in close 

16 proximity to roads and trails; 

17 (F) the reconstruction of existing utility 

18 lines; and 

19 (G) the replacement of underground ca20 bles. 

21 (3) RELATION TO LAND AND RESOURCE MAN22 AGEMENT PLANS.—To the maximum extent prac23 ticable, an emergency action carried out under para24 graph (2) shall be conducted consistent with the 

25 land and resource management plan. 


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1 (4) ACREAGE LIMITATIONS.—A treatment area 

2 covered by an emergency situation determination on 

3 which an emergency action is carried out pursuant 

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

5 10,000 acres of National Forest System land. 

6 (c) ENVIRONMENTAL ANALYSIS.— 

7 (1) ENVIRONMENTAL ASSESSMENT OR ENVI8 RONMENTAL IMPACT STATEMENT.—If the Secretary 

9 determines that an emergency action requires an en10 vironmental assessment or an environmental impact 

11 statement pursuant to section 102(2) of the Na12 tional Environmental Policy Act of 1969 (42 U.S.C. 

13 4332(2)), the Secretary shall study, develop, and de14 scribe— 

15 (A) the proposed agency action; and 

16 (B) the alternative of no action. 

17 (2) PUBLIC NOTICE.—The Secretary shall pro18 vide notice of each emergency action that the Sec19 retary determines requires an environmental assess20 ment or environmental impact statement under 

21 paragraph (1), in accordance with applicable regula22 tions and administrative guidelines. 

23 (3) PUBLIC COMMENT.—The Secretary shall 

24 provide an opportunity for public comment during 

25 the preparation of any environmental assessment or 


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1 environmental impact statement under paragraph 

2 (1). 

3 (4) SAVINGS CLAUSE.—Nothing in this sub4 section prohibits the Secretary from making an 

5 emergency situation determination, including a de6 termination that an emergency exists pursuant to 

7 section 220.4(b) of title 36, Code of Federal Regula8 tions (or successor regulations), that makes it nec9 essary to take an emergency action before preparing 

10 an environmental assessment or environmental im11 pact statement under the National Environmental 

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

13 (d) ADMINISTRATIVE REVIEW OF EMERGENCY AC14 TIONS.—An emergency action carried out under this sec15 tion shall not be subject to objection under the 

16 predecisional administrative review processes established 

17 under section 105 of the Healthy Forests Restoration Act 

18 of 2003 (16 U.S.C. 6515) and section 428 of the Depart19 ment of the Interior, Environment, and Related Agencies 

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

21 Law 112–74). 

22 (e) JUDICIAL REVIEW OF EMERGENCY ACTIONS.— 

23 Section 106 of the Healthy Forests Restoration Act of 

24 2003 (16 U.S.C. 6516) shall apply to an emergency action 

25 carried out under this section. 


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1 SEC. 105. NEW INFORMATION IN LAND MANAGEMENT 

2 PLANS. 

3 (a) REINITIATION OF CONSULTATION; ACTIONS ON

4 FEDERAL LAND.— 

5 (1) IN GENERAL.—The Secretary concerned 

6 shall not be required to reinitiate consultation under 

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

8 1973 (16 U.S.C. 1536(a)(2)) on a Federal action 

9 described in subsection (b) for new information af10 fecting the listing of a species as threatened or en11 dangered or the designation of critical habitat under 

12 that Act (16 U.S.C. 1531 et seq.) unless the new in13 formation was— 

14 (A) influential scientific information (as 

15 defined in the guidance document prepared by 

16 the Office of Management and Budget entitled 

17 ‘‘Final Information Quality Bulletin for Peer 

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

19 (B) peer reviewed; and 

20 (C) printed in a publication that is publicly 

21 accessible. 

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

23 consultation initiated under paragraph (1) is pend24 ing, the Secretary concerned may take an action on 

25 Federal land to implement a land management plan, 

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1 ing to Federal land that is the subject of the new 

2 information, if the Secretary concerned complies 

3 with section 7 of the Endangered Species Act of 

4 1973 (16 U.S.C. 1536) regarding that action. 

5 (b) FEDERAL ACTIONS DESCRIBED.—A Federal ac6 tion referred to in subsection (a) is any of the following: 

7 (1) An action on Federal land. 

8 (2) A land management plan or resource man9 agement plan. 

10 (c) IRREVERSIBLE OR IRRETRIEVABLE COMMIT11 MENTS.—An action described in subsection (a)(2) shall 

12 not be considered an irreversible or irretrievable commit13 ment of resources to implement a land management plan, 

14 a resource management plan, or a regulation relating to 

15 Federal land. 

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

17 affects any applicable requirement of the Secretary con18 cerned to consult with the head of any other Federal de19 partment or agency— 

20 (1) regarding any project carried out, or pro21 posed to be carried out, to implement a land man22 agement plan or resource management plan pursu23 ant to the Endangered Species Act of 1973 (16 

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

25 consult regarding the consideration of cumulative 


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1 impacts of completed, ongoing, and planned projects; 

2 or 

3 (2) with respect to— 

4 (A) an amendment or revision to a land 

5 management plan; or 

6 (B) a regulation relating to Federal land. 

7 SEC. 106. HAZARD MITIGATION USING DISASTER ASSIST8 ANCE. 

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

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

11 5170c(f)(12)) is amended— 

12 (1) by inserting ‘‘and wildfire’’ after ‘‘wind13 storm’’; 

14 (2) by striking ‘‘including replacing’’ and in15 serting the following: ‘‘including— 

16 ‘‘(A) replacing’’; 

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

18 (A) by inserting ‘‘, wildfire,’’ after ‘‘ex19 treme wind’’; and 

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

21 at the end; and 

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

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

24 and infrastructure and the undergrounding of 

25 wires;’’. 


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1 TITLE II—BIOMASS 

2 SEC. 201. BIOMASS ENERGY INFRASTRUCTURE PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

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

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

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

7 1(a) of the Internal Revenue Code of 1986. 

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

9 slash, thinnings, or invasive species from National 

10 Forest System land and public lands (as defined in 

11 section 103 of the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1702)) that— 

13 (A) are byproducts of preventive treat14 ments that are removed— 

15 (i) to reduce hazardous fuels; 

16 (ii) to reduce or contain disease or in17 sect infestation; or 

18 (iii) to restore ecosystem health; 

19 (B) are byproducts of wildfire fuel treat20 ments; 

21 (C) would not otherwise be used for high22 er-value products; and 

23 (D) are harvested— 

24 (i) in accordance with applicable law 

25 and land management plans; 


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1 (ii) in accordance with the require2 ments for— 

3 (I) old-growth maintenance, res4 toration, and management direction 

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

6 subsection (e) of section 102 of the 

7 Healthy Forests Restoration Act of 

8 2003 (16 U.S.C. 6512); and 

9 (II) large tree retention under 

10 subsection (f) of that section; and 

11 (iii) in a manner that retains a min12 imum quantity of coarse woody debris for 

13 habitat, nutrient recycling, and soil con14 servation. 

15 (3) BIOMASS CONVERSION FACILITY.—The 

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

17 that converts or proposes to convert biomass, includ18 ing through gasification, into— 

19 (A) heat; 

20 (B) power; 

21 (C) biobased products; 

22 (D) advanced biofuels; or 

23 (E) any combination of the outputs de24 scribed in subparagraphs (A) through (D). 


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1 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a business; 

4 (B) a limited liability company; 

5 (C) a cooperative or an entity with a busi6 ness arrangement similar to a cooperative, as 

7 determined by the Secretary; 

8 (D) a nonprofit organization; and 

9 (E) a public entity. 

10 (5) HIGH HAZARD ZONE.—The term ‘‘high haz11 ard zone’’ means an area identified as being at high 

12 risk of wildfire— 

13 (A) through the use of a fire hazard map14 ping tool; and 

15 (B) by— 

16 (i) the Secretary; and 

17 (ii) the Governor of the State in which 

18 the area is located. 

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

20 the program established under subsection (b). 

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

22 the Secretary of Energy. 

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

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


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1 a program to provide grants, direct loans, and loan guar2 antees to eligible entities— 

3 (1) to establish a biomass conversion facility; 

4 (2) to expand the infrastructure of a biomass 

5 conversion facility; 

6 (3) to make infrastructure or technological 

7 changes to a biomass conversion facility; or 

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

9 dying trees and small diameter low-value trees. 

10 (c) GRANT AMOUNT.— 

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

12 awarded under the program shall be based on— 

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

14 described in paragraphs (1) through (3) of sub15 section (b), the number of kilowatt hours of en16 ergy generated by the biomass conversion facil17 ity; and 

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

19 described in paragraph (4) of that subsection, 

20 the contribution of the activity to reducing the 

21 risk of wildfire in high hazard zones. 

22 (2) MAXIMUM PAYMENT.—An eligible entity 

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

24 under the program in a single calendar year. 


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

2 or loan guarantee under the program, the Secretary shall 

3 give priority to an eligible entity that— 

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

5 small diameter low-value trees; 

6 (2) seeks to locate a biomass conversion facility 

7 in— 

8 (A) an area of economic need; or 

9 (B) an area in which there has been a de10 cline in forest occupation, as determined by the 

11 Secretary; or 

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

13 Administrator of the Small Business Administration. 

14 (e) GRANT MATCHING REQUIREMENT.—Each eligible 

15 entity that receives a grant under the program shall pro16 vide an amount equal to 50 percent of the amount of the 

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

18 (f) FUNDING.—There is authorized to be appro19 priated to the Secretary $100,000,000 to award grants 

20 under the program, to remain available until expended. 


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1 TITLE III—TIMBER EXPORTS 

2 SEC. 301. EXEMPTION TO PROHIBITION ON EXPORT OF UN3 PROCESSED TIMBER OF DEAD AND DYING 

4 TREES IN THE STATE OF CALIFORNIA. 

5 Section 489 of the Forest Resources Conservation 

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

7 amended— 

8 (1) in subsection (a), by inserting before the pe9 riod at the end the following: ‘‘or such timber is ex10 empted under subsection (c).’’; 

11 (2) in subsection (b)(1)— 

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

13 the following: ‘‘to— 

14 ‘‘(A) specific’’; 

15 (B) in subparagraph (A) (as so des16 ignated), by striking the period at the end and 

17 inserting ‘‘; and’’; and 

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

19 ‘‘(B) unprocessed timber originating from 

20 National Forest System land in the State of 

21 California that— 

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

23 reduction treatment; and 

24 ‘‘(ii) for which there is no current do25 mestic market.’’; and 


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•HR 7978 IH

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

2 ‘‘(c) EXEMPTION FOR UNPROCESSED SURPLUS TIM3 BER OF DEAD AND DYING TREES IN THE STATE OF CALI4 FORNIA.— 

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

6 ‘‘(A) DEAD.—The term ‘dead’, with re7 spect to a tree, means that the tree is des8 ignated by a registered professional forester or 

9 a designee of the Secretary concerned as dead. 

10 ‘‘(B) DYING.—The term ‘dying’, with re11 spect to a tree, means that— 

12 ‘‘(i)(I) 50 percent or greater of the fo13 liage-bearing crown of the tree is dead or 

14 fading in color (other than through normal 

15 autumn coloration changes) from a normal 

16 green to a yellow, sorrel, or brown; 

17 ‘‘(II) successful bark beetle attacks 

18 are exhibited on the tree, with indications 

19 of dead cambium and brood development 

20 distributed around the circumference of 

21 the bole of the tree; or 

22 ‘‘(III) 50 percent or greater of the cir23 cumference of the lower bole of the tree is 

24 girdled by wildlife; or 


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1 ‘‘(ii) the tree is designated by a reg2 istered professional forester or a designee 

3 of the Secretary concerned as likely to die 

4 within 1 year. 

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

6 State of California. 

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

8 to paragraph (3), the prohibition under subsection 

9 (a) shall not apply to unprocessed surplus timber 

10 originating from a dead or dying tree on Federal 

11 land in the State. 

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

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

14 days after the date of enactment of the Emer15 gency Wildfire and Public Safety Act of 2020, 

16 and each year thereafter, the Secretary con17 cerned shall issue a list establishing which spe18 cies and sizes of trees are considered to be ‘sur19 plus’ for purposes of paragraph (2). 

20 ‘‘(B) IMPLEMENTATION.—Except with re21 spect to the first list issued under subparagraph 

22 (A), the Secretary concerned shall implement 

23 and administer this paragraph in accordance 

24 with— 


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1 ‘‘(i) the rulemaking and notice and 

2 comment provisions of section 553 of title 

3 5, United States Code; and 

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

5 States Code (commonly known as the ‘Pa6 perwork Reduction Act’). 

7 ‘‘(4) PREFERENCE FOR DOMESTIC TIMBER

8 PROCESSING.—Notwithstanding the exemption de9 scribed in paragraph (2), the Secretary concerned, 

10 to the maximum extent practicable, shall give pref11 erence for domestic processing of timber covered by 

12 the exemption. 

13 ‘‘(5) INAPPLICABILITY OF SUBSTITUTION LIMI14 TATIONS.—Section 490 shall not apply to unproc15 essed surplus timber exempted under paragraph (2). 

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

17 than March 1, 2023, the Secretaries concerned shall 

18 submit to Congress a report evaluating the impacts 

19 of the exemption described in paragraph (2) on for20 est health, domestic timber supply, local processing 

21 capacity, reduction in risk from wildfire, public safe22 ty, and the total quantity of timber exported. 

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

24 subsection shall cease to be effective on the date that 


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1 is 5 years after the date of enactment of the Emer2 gency Wildfire and Public Safety Act of 2020.’’. 

3 TITLE IV—OTHER MATTERS 

4 SEC. 401. INNOVATIVE FOREST WORKFORCE DEVELOP5 MENT PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

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

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

9 forestry, including— 

10 (A) in timber operations; 

11 (B) as a registered professional forester; 

12 (C) in vegetation treatment, including as a 

13 member of a hand crew, a machine operator, 

14 and in conducting prescribed fires; 

15 (D) in ecological restoration, including res16 toration of watersheds; 

17 (E) in wildland fire fighting; and 

18 (F) in community fire resilience, including 

19 workforce development projects. 

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

21 includes the areas of forestry described in subpara22 graphs (A) through (F) of paragraph (1). 

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

24 the Secretary of Agriculture. 


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1 (b) GRANTS AUTHORIZED.—The Secretary shall es2 tablish a competitive grant program— 

3 (1) to assist in the development and utilization 

4 of innovative activities relating to workforce develop5 ment in the forest sector and opportunities for ca6 reers in the forest sector; and 

7 (2) to expand public awareness about the forest 

8 sector and connect individuals to careers in the for9 est sector. 

10 (c) SELECTION OF GRANT RECIPIENTS.—In award11 ing grants under subsection (b), the Secretary shall, to 

12 the extent practicable, select nonprofit professional or 

13 service organizations, labor organizations, State agencies, 

14 community colleges, institutions of higher education, or 

15 other training and educational institutions— 

16 (1) that have qualifications and experience— 

17 (A) in the development of training pro18 grams and curricula relevant to the workforce 

19 needs of the forest sector; 

20 (B) working in cooperation with the forest 

21 sector; or 

22 (C) developing public education materials 

23 appropriate for communicating with groups of 

24 various ages and educational backgrounds; and 


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1 (2) that will address the human resources and 

2 workforce needs of the forest sector. 

3 (d) USE OF FUNDS.—Grants awarded under sub4 section (b) may be used for activities such as— 

5 (1) targeted internship, apprenticeship, pre-ap6 prenticeship, and post-secondary bridge programs 

7 for skilled forest sector trades that provide— 

8 (A) on-the-job training; 

9 (B) skills development; 

10 (C) test preparation for skilled trade ap11 prenticeships; 

12 (D) advance training in the forest sector 

13 relating to jobs as forest restorationists, mem14 bers of hand crews, wildland fire fighters, ma15 chine operators, licensed timber operators, reg16 istered professional foresters, ecologists, biolo17 gists, or workers in construction in support of 

18 resilient infrastructure, including residential 

19 buildings; or 

20 (E) other support services to facilitate 

21 post-secondary success; 

22 (2) education programs designed for elemen23 tary, secondary, and higher education students 

24 that— 


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1 (A) inform people about the role of for2 estry, vegetation management, and ecological 

3 restoration in the communities of those people; 

4 (B) increase the awareness of opportunities 

5 for careers in the forest sector and exposure of 

6 students to those careers through various work7 based learning opportunities inside and outside 

8 the classroom; and 

9 (C) connect students to pathways to ca10 reers in the forest sector; 

11 (3) the development of a model curriculum and 

12 related vocational programs to be adopted by com13 munity colleges, which, to the extent practicable and 

14 feasible, shall— 

15 (A) provide professional training in imple16 menting prescribed fire projects, including the 

17 knowledge and skills necessary to plan and im18 plement broad-scale surface and ladder fuel 

19 treatments within the wildland-urban interface, 

20 wildlands, and urbanized areas, as appropriate; 

21 (B) include a focus on the ecological con22 cerns, economics, and practices necessary to im23 prove community safety and forest resilience; 

24 and 

25 (C) train students in— 


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•HR 7978 IH

1 (i) the retrofitting of houses, including 

2 the use of fire-resistant materials and the 

3 maintenance of defensible space; 

4 (ii) urban forestry; and 

5 (iii) policies or guidance relating to 

6 the management of vegetation near utility 

7 infrastructure and relevant portions of 

8 electric utility wildfire mitigation plans; 

9 (4) regional industry and workforce develop10 ment collaborations, including the coordination of 

11 candidate development, particularly in areas of high 

12 unemployment; 

13 (5) integrated learning laboratories in sec14 ondary educational institutions that provide students 

15 with— 

16 (A) hands-on, contextualized learning op17 portunities; 

18 (B) dual enrollment credit for post-sec19 ondary education and training programs; and 

20 (C) direct connection to industry or gov21 ernment employers; and 

22 (6) leadership development, occupational train23 ing, mentoring, or cross-training programs that en24 sure that workers are prepared for high-level super25 visory or management-level positions. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out this section such sums as are necessary. 

4 SEC. 402. WESTERN PRESCRIBED FIRE CENTER. 

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

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

7 as the ‘‘Secretaries’’) shall establish a center to train indi8 viduals in prescribed fire methods and other methods rel9 evant to the mitigation of wildfire risk (referred to in this 

10 section as the ‘‘center’’). 

11 (b) LOCATION.— 

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

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

14 the 100th meridian. 

15 (2) CONSULTATION.—The Secretaries shall con16 sult with the Joint Fire Science Program to solicit 

17 and evaluate proposals for the location of the center. 

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

19 the date of enactment of this Act, based on the con20 sultation under paragraph (2), the Secretaries shall 

21 select a location for the center. 

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

23 (a) DEFINITION OF WEATHERIZATION MATE24 RIALS.—Section 412(9) of the Energy Conservation and 

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


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•HR 7978 IH

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

2 the end; 

3 (2) by redesignating subparagraph (J) as sub4 paragraph (K); and 

5 (3) by inserting after subparagraph (I) the fol6 lowing: 

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

8 heat and fire; and’’. 

9 (b) WEATHERIZATION PROGRAM.— 

10 (1) IN GENERAL.—Section 413(b)(5) of the En11 ergy Conservation and Production Act (42 U.S.C. 

12 6863(b)(5)) is amended— 

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

14 ‘‘and’’ at the end; 

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

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

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

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

19 use fire- and drought-resistant building mate20 rials and incorporate wildfire and drought pre21 vention and mitigation planning, as directed by 

22 the State.’’. 

23 (2) LIMITATIONS.—Section 415(c) of the En24 ergy Conservation and Production Act (42 U.S.C. 

25 6865(c)) is amended— 


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•HR 7978 IH

1 (A) in paragraph (1)— 

2 (i) by redesignating subparagraphs 

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

4 respectively, and indenting appropriately; 

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

6 (as so redesignated), in the second sen7 tence, by striking ‘‘Labor’’ and all that fol8 lows through ‘‘to—’’ and inserting the fol9 lowing: 

10 ‘‘(B) LABOR AND WEATHERIZATION MATE11 RIALS.—Labor, weatherization materials, and 

12 related matter described in subparagraph (A) 

13 includes—’’; 

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

15 inserting the following: 

16 ‘‘(c) FINANCIAL ASSISTANCE.— 

17 ‘‘(1) AVERAGE COST.— 

18 ‘‘(A) IN GENERAL.—Except’’; 

19 (iv) in subparagraph (A) (as so des20 ignated)— 

21 (I) by striking ‘‘exceed an aver22 age of $6,500’’ and inserting the fol23 lowing: ‘‘exceed— 

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

25 annually for inflation)’’; 


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•HR 7978 IH

1 (II) in clause (i) (as so des2 ignated), by striking the period at the 

3 end and inserting ‘‘; or’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(ii) another average amount that is 

7 greater than the amount described in 

8 clause (i), if the Secretary determines it 

9 necessary to waive or adjust the average 

10 amount established under that clause.’’; 

11 and 

12 (v) in subparagraph (B) (as so des13 ignated)— 

14 (I) in clause (iv) (as so redesig15 nated), by striking ‘‘, and’’ and insert16 ing ‘‘; and’’; and 

17 (II) in clause (v) (as so redesig18 nated), by adding a period at the end; 

19 and 

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

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

22 inflation)’’. 

23 SEC. 404. CRITICAL INFRASTRUCTURE AND MICROGRID 

24 PROGRAM. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) CRITICAL FACILITY.— 

2 (A) IN GENERAL.—The term ‘‘critical fa3 cility’’ means a facility that provides services or 

4 may be used— 

5 (i) to save lives; 

6 (ii) to protect property, public health, 

7 and public safety; or 

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

9 catastrophe. 

10 (B) INCLUSIONS.—The term ‘‘critical facil11 ity’’ includes— 

12 (i) a hospital; 

13 (ii) an outpatient clinic; 

14 (iii) a nursing home; 

15 (iv) a police station; 

16 (v) an emergency operation center; 

17 (vi) a jail or prison; 

18 (vii) a fire station; 

19 (viii) a facility in the communications 

20 sector, as determined by the Secretary; 

21 (ix) a facility in the chemical sector, 

22 as determined by the Secretary; 

23 (x) a school or other large building 

24 that may serve as a temporary gathering 

25 space; 


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

2 and wastewater station; and 

3 (xii) any facility described in subpara4 graph (A) that is owned or operated by, or 

5 provides services to, an Indian tribe (as de6 fined in section 4 of the Indian Self-Deter7 mination and Education Assistance Act 

8 (25 U.S.C. 5304)). 

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

10 the Secretary of Energy. 

11 (b) CRITICAL INFRASTRUCTURE AND MICROGRID

12 PROGRAM.—The Secretary shall use the funds made avail13 able under subsection (d)— 

14 (1) to improve the energy resilience and power 

15 needs of critical facilities through the use of 

16 microgrids, renewable energy, energy efficiency, and 

17 on-site storage; and 

18 (2) to improve the energy efficiency of critical 

19 facilities by decreasing the size and cost of genera20 tors. 

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

22 the Secretary shall ensure that the funds made available 

23 under subsection (d) shall be used for, with respect to crit24 ical facilities— 


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1 (1) provision of on-site back-up power with re2 newable and low-carbon liquid fuels; and 

3 (2) installation, at the transmission and dis4 tribution level, of interoperable technologies, ad5 vanced power flow control, dynamic line rating, to6 pology optimization, and communications systems. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary 

9 $100,000,000 to carry out this section, to remain available 

10 until expended. 

Æ 


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