II 118th CONGRESS 2d Session S. 4628 IN THE SENATE OF THE UNITED STATES June 20, 2024 Mr. Kelly (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To improve wildfire mitigation, management, and recovery, and for other purposes.

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