FIRESHEDS Act



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3522 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3522

   To amend the Healthy Forests Restoration Act of 2003 to establish 
      emergency fireshed management areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2023

    Mr. Moore of Utah (for himself and Mr. Cuellar) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
 in addition to the Committee on Natural Resources, 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 amend the Healthy Forests Restoration Act of 2003 to establish 
      emergency fireshed management areas, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Improvements through Research 
and Emergency Stewardship for Healthy Ecosystem Development and 
Sustainability Act'' or the ``FIRESHEDS Act''.

SEC. 2. EMERGENCY FIRESHED MANAGEMENT.

    Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591 et seq.) is amended by adding at the end the following:

``SEC. 607. EMERGENCY FIRESHED MANAGEMENT.

    ``(a) Establishment of Fireshed Management Areas.--
            ``(1) In general.--
                    ``(A) Joint agreements.--Not later than 90 days 
                after receiving a request from a Governor of a State, 
                the Secretary shall enter into an agreement with such 
                Governor to jointly--
                            ``(i) designate 1 or more fireshed 
                        management areas within such State; and
                            ``(ii) conduct fireshed management projects 
                        in accordance with subsection (c) on such 
                        fireshed management areas.
                    ``(B) Additional fireshed management areas.--With 
                respect to an agreement with a Governor of a State 
                under subparagraph (A), the Secretary, if requested by 
                such Governor, may--
                            ``(i) designate additional fireshed 
                        management areas under such agreement; and
                            ``(ii) update such agreement to address new 
                        wildfire threats.
                    ``(C) Shared stewardship.--A previously signed 
                shared stewardship agreement between a Governor of a 
                State and the Secretary (or an update or successor 
                agreement to such shared stewardship agreement) may be 
                treated as an agreement under subparagraph (A) if such 
                Governor approves such treatment.
            ``(2) Designation of fireshed management areas.--
                    ``(A) In general.--A fireshed management area 
                designated under an agreement under paragraph (1)--
                            ``(i) shall be--
                                    ``(I) a landscape-scale area; and
                                    ``(II) identified on the date of 
                                such designation as a fireshed ranked 
                                in the top 10 percent of wildfire 
                                exposure, as determined by the most 
                                recently published models of fireshed 
                                risk exposure published by the Forest 
                                Service;
                            ``(ii) may not overlap with any other 
                        fireshed management area; and
                            ``(iii) may contain Federal and non-Federal 
                        land.
                    ``(B) Applicability of nepa.--The designation of a 
                fireshed management area under an agreement under 
                paragraph (1) shall not be subject to the requirements 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    ``(b) Stewardship and Fireshed Assessments.--
            ``(1) In general.--Not later than 90 days after entering 
        into an agreement with a Governor of a State under subsection 
        (a)(1), the Secretary and such Governor shall, with respect to 
        the fireshed management areas designated under such agreement, 
        jointly conduct a stewardship and fireshed assessment that--
                    ``(A) identifies--
                            ``(i) using the best available data, 
                        wildfire exposure risks within each such 
                        fireshed management area, including scenario 
                        planning and wildfire hazard mapping and 
                        models; and
                            ``(ii) each at-risk community within each 
                        fireshed management area;
                    ``(B) identifies potential fireshed management 
                projects to be carried out in such fireshed management 
                areas, giving priority--
                            ``(i) primarily, to projects with the 
                        purpose of reducing threats to public health 
                        and safety from catastrophic wildfire; and
                            ``(ii) secondarily, to projects with the 
                        purpose of protecting--
                                    ``(I) critical infrastructure;
                                    ``(II) wildlife habitats;
                                    ``(III) watersheds or improving 
                                water yield; or
                                    ``(IV) any combination of purposes 
                                described in subclauses (I) through 
                                (III);
                    ``(C) includes--
                            ``(i) a strategy for reducing the threat of 
                        wildfire to at-risk communities in the 
                        wildland-urban interface;
                            ``(ii) recommended fireshed management 
                        project size limitations based on the best 
                        available data;
                            ``(iii) a timeline for the implementation 
                        of fireshed management projects; and
                            ``(iv) long-term benchmark goals for the 
                        completion of fireshed management projects in 
                        the highest wildfire exposure areas; and
                    ``(D) shall be regularly updated based on the best 
                available data, as determined by the Secretary.
            ``(2) Information improvement.--
                    ``(A) Memorandums of understanding.--In carrying 
                out a stewardship and fireshed assessment under this 
                subsection, the Secretary may enter into memorandums of 
                understanding with other Federal agencies or 
                departments, States, private entities, or research or 
                educational institutions to improve, with respect to 
                such assessment, the use and integration of--
                            ``(i) advanced remote sensing and 
                        geospatial technologies;
                            ``(ii) statistical modeling and analysis; 
                        or
                            ``(iii) any other technology the Secretary 
                        determines will benefit the quality of 
                        information of such an assessment.
                    ``(B) State information.--To the maximum extent 
                practicable, the Secretary shall incorporate data from 
                State forest action plans, State wildfire risk 
                assessments, and other State sources in conducting an 
                assessment under paragraph (1).
    ``(c) Fireshed Management Projects.--
            ``(1) In general.--The Secretary shall carry out fireshed 
        management projects in fireshed management areas designated 
        under an agreement under subsection (a)(1) in accordance with 
        the timeline and project size limitations included in the 
        stewardship and fireshed assessment relating to such areas 
        under subsection (b)(1)(C).
            ``(2) Requirements.--A fireshed management project shall--
                    ``(A) be carried out--
                            ``(i) in accordance with paragraph (3);
                            ``(ii) in accordance with the applicable 
                        forest management plan; and
                            ``(iii) in a manner that maximizes the 
                        retention of old-growth and large trees, to the 
                        extent that the trees promote stands that are 
                        resilient to wildfire; and
                    ``(B) be--
                            ``(i) developed through a collaborative 
                        process;
                            ``(ii) proposed by a resource advisory 
                        committee (as defined in section 201 of the 
                        Secure Rural Schools and Community Self-
                        Determination Act of 2000 (16 U.S.C. 7121)); or
                            ``(iii) covered by a community wildfire 
                        protection plan.
            ``(3) Authorized activities.--A fireshed management project 
        shall have the primary purpose of--
                    ``(A) creating fuel breaks and fire breaks;
                    ``(B) conducting hazardous fuels management;
                    ``(C) conducting prescribed burns;
                    ``(D) removing dead trees, dying trees, or trees at 
                high-risk of dying; or
                    ``(E) carrying out any combination of the 
                activities described in subparagraphs (A) through (D).
            ``(4) Categorical exclusion for fireshed management 
        projects.--Fireshed management projects under this subsection 
        shall be--
                    ``(A) considered an action categorically excluded 
                from the from the preparation of an environmental 
                assessment or an environmental impact statement under 
                section 102 of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4332); and
                    ``(B) exempt from the special administrative review 
                process under section 105.
            ``(5) Exclusions.--A fireshed management project may not be 
        carried out on lands--
                    ``(A) that are included in the National Wilderness 
                Preservation System;
                    ``(B) that are located within a national or State-
                specific inventoried roadless area established by the 
                Secretary of Agriculture through regulation, unless--
                            ``(i) the forest management activity to be 
                        carried out under such authority is consistent 
                        with the forest plan applicable to the area; or
                            ``(ii) the activity is allowed under the 
                        applicable roadless rule governing such lands, 
                        including--
                                    ``(I) the Idaho roadless rule under 
                                subpart C of part 294 or title 36, Code 
                                of Federal Regulations;
                                    ``(II) the Colorado roadless rule 
                                under subpart D of part 294 of title 
                                36, Code of Federal Regulations; or
                                    ``(III) any other roadless rule 
                                developed after the date of the 
                                enactment of this section by the 
                                Secretary with respect to a specific 
                                State; or
                    ``(C) on which timber harvesting for any purpose is 
                prohibited by Federal statute.
            ``(6) Rule of construction for certain roadless rules.--
        Nothing in this section shall be construed to affect the 
        roadless rules described in subclauses (I) and (II) of 
        paragraph (5)(B)(ii).
            ``(7) Use of other authorities.--To the maximum extent 
        practicable, the Secretary shall use existing statutory and 
        administrative authorities, including a good neighbor agreement 
        entered into under section 8206 of the Agricultural Act of 2014 
        (16 U.S.C. 2113a), to carry out each fireshed management 
        project.
    ``(d) Judicial Review.--Section 106 shall apply to fireshed 
management projects conducted under this section in the same manner as 
such section applies to an authorized hazardous fuels reduction project 
conducted under title I, except that no restraining order, preliminary 
injunction, or injunction pending appeal shall be issued by any court 
of the United States with respect to any decision to prepare or conduct 
a fireshed management project in the wildland-urban interface.
    ``(e) Report Required.--Not later than 2 years after the date of 
the enactment of this section and annually thereafter, the Secretary 
shall submit to Congress a report evaluating the progress and 
implementation of fireshed management projects under this section.
    ``(f) Definitions.--In this section:
            ``(1) Collaborative process.--The term `collaborative 
        process' means a process relating to the management of National 
        Forest System lands or public lands by which a project or 
        forest management activity is developed and implemented by the 
        Secretary through collaboration with interested persons, as 
        described in section 603(b)(1)(C).
            ``(2) Fireshed.--The term `fireshed' means a landscape-
        scale area that faces similar wildfire threat where a response 
        strategy could influence the wildfire outcome.
            ``(3) Forest plan.--The term `forest plan' means--
                    ``(A) a land use plan prepared by the Bureau of 
                Land Management for public lands pursuant to section 
                202 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1712); or
                    ``(B) a land and resource management plan prepared 
                by the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            ``(4) Hazardous fuels management.--The term `hazardous 
        fuels management' means any vegetation management activities 
        that reduce the risk of wildfire, including mechanical 
        treatments and livestock grazing.
            ``(5) Public lands.--The term `public lands' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702), except that 
        the term includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            ``(6) Resource advisory committee.--The term `resource 
        advisory committee' has the meaning given that term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            ``(7) Secretary.--The term `Secretary' means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    ``(B) the Secretary of the Interior, with respect 
                to public lands.
            ``(8) Section 101 terms.--The terms `at-risk community', 
        `community wildfire protection plan', and `wildland-urban 
        interface' have the meanings given such terms, respectively, in 
        section 101.''.

SEC. 3. GOOD NEIGHBOR AUTHORITY.

    Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is 
amended--
            (1) in subsection (a)(4)(A)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) by redesignating clause (iii) as clause (iv);
                    (C) by inserting after clause (ii) the following:
                            ``(iii) activities conducted under section 
                        607 of the Healthy Forests Restoration Act of 
                        2003;'';
                    (D) in clause (iv), as so redesignated, by striking 
                the period at the end and inserting ``; or''; and
                    (E) by adding at the end the following:
                            ``(v) any combination of activities 
                        specified in clauses (i) through (iv).''; and
            (2) in subsection (b)(2), by amending subparagraph (C) to 
        read as follows:
                    ``(C) Treatment of revenue.--Funds received from 
                the sale of timber by a Governor of a State under a 
                good neighbor agreement shall be retained and used by 
                the Governor--
                            ``(i) to carry out authorized restoration 
                        services under such good neighbor agreement; 
                        and
                            ``(ii) if funds are remaining after 
                        carrying out the services under clause (i), to 
                        carry out authorized restoration services 
                        within the State under other good neighbor 
                        agreements.''.
                                 &lt;all&gt;
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