II 118th CONGRESS 1st Session S. 2867 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 A BILL To address the forest health crisis on the National Forest System and public lands, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Promoting Effective Forest Management Act of 2023 . (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. Thinning targets. Sec. 102. Annual reports. Sec. 103. Transparency in fire mitigation reporting. Sec. 104. Regional forest carbon accounting. Sec. 105. Targets for wildlife habitat improvement. TITLE II—Forest Management Sec. 201. Land and resource management plans. Sec. 202. Management of old growth and mature forests. Sec. 203. Assessment of processed-based restoration techniques. Sec. 204. Intervenor status. Sec. 205. Utilizing grazing for wildfire prevention. TITLE III—Workforce Sec. 301. Logging workforce. Sec. 302. Break-in-service consideration for firefighter retirements. Sec. 303. Firefighter rental housing. TITLE IV—Cultural Change in Agencies Sec. 401. Mandatory use of existing authorities. Sec. 402. Curtailing employee relocations. Sec. 403. Repeal of FLAME reports. 2. Definitions In this Act: (1) 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) Exclusions The term National Forest System does not include— (i) any forest reserve not created from the public domain; or (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. ). (2) Public lands (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 ). (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. ). (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to public lands. I Accomplishments Over Rhetoric 101. Thinning targets (a) Baseline For the National Forest System and for public lands, the Secretary concerned shall determine— (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 (2) the average of the numbers described in paragraph (1) over the period of fiscal years 2017 through 2021. (b) Annual targets (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. (2) Requirements (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). (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). (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). (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. (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. 102. Annual reports 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: (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) ). (2) (A) The number of acres mechanically thinned; and (B) whether the number of acres described in subparagraph (A) met or exceeded the requirements described in section 101(b)(2). (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. (4) The number of acres that have undergone a regeneration harvest. (5) The number of acres described in paragraphs (2)(A) and (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 paragraphs (2)(A) and (4) that use either of the following streamlined authorities for environmental review: (A) A categorical exclusion. (B) An emergency determination of the Secretary concerned. (7) The number of acres described in paragraphs (2)(A) and (4) that use partners to carry out the work through— (A) a good neighbor agreement; (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. 103. Transparency in fire mitigation reporting (a) Exclusion from annual budget and performance reports (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— (A) to meet the requirement described in section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ); or (B) to effectively mitigate wildfire risk. (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). (3) Inclusions Output measures described in paragraph (1) include— (A) acres of hazardous fuels reduction on National Forest System land and adjacent areas to mitigate wildfire risk; and (B) annual acreage treated to reduce or maintain fuel conditions on National Forest System land and non-Federal land. (b) Inclusion in annual budget and performance reports (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— (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 (B) the annual acreage of National Forest System land where final treatment effectively mitigates wildfire risk. (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). 104. Regional forest carbon accounting Not later than January 1, 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. 105. Targets for wildlife habitat improvement (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— (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 (2) establish and implement a strategy, including establishing annual targets, to meet the specific management goals and objectives described in paragraph (1). (b) Reporting Beginning in fiscal year 2025, the Secretary concerned shall annually— (1) establish targets associated with the strategy developed under subsection (a)(2); and (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). II Forest Management 201. Land and resource management plans 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. 202. Management of old growth and mature forests (a) Definition of old growth (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). (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— (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 ); (B) shall direct the committee of scientists to provide scientific and technical advice and counsel on definitions of old growth forest ; (C) shall review the recommendations of the committee of scientists; (D) shall publish the recommendations of the committee of scientists for public comment; and (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 ). (b) Management of mature trees (1) Definition of mature forest (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). (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. (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)). (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— (1) the Act of June 4, 1897 (commonly known as the Organic Administration Act ) (30 Stat. 34, chapter 2); (2) the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); (3) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ); (4) section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ); and (5) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). 203. Assessment of processed-based restoration techniques (a) Wetland and riparian restoration pilot program (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. (2) Assessments In carrying out this subsection, the Secretaries shall— (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 (B) make available to the public the results of the assessment described in subparagraph (A). (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. 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 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 intervenes. (b) Description of qualified project A qualified project referred to in subsection (a) is a project that— (1) is located on National Forest System land or public lands; (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. 205. Utilizing grazing for wildfire prevention 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— (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; (2) use of targeted grazing; (3) increased use of temporary permits to promote targeted fuels reduction and reduction of invasive annual grasses; (4) increased use of grazing as a fire recovery strategy, where appropriate; and (5) use of all applicable authorities under law. III Workforce 301. Logging workforce (a) Training (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. (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. (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. 302. Break-in-service consideration for firefighter retirements 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. 303. Firefighter rental housing 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. IV Cultural Change in Agencies 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 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: (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 ). 402. Curtailing employee relocations (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. (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. (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. (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 ). 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).