Promoting Effective Forest Management Act of 2024

Bill: 118-s-2867
Sponsor: full_name: Sen. Barrasso, John [R-WY]
Introduced: 2023-09-20
Policy area: Public Lands and Natural Resources
Subjects: Budget process

Climate change and greenhouse gases

Congressional oversight

Employee hiring

Employment and training programs

Fires

First responders and emergency personnel

Forests, forestry, trees

Government employee pay, benefits, personnel management

Government information and archives

Land use and conservation

Livestock

State and local government operations

Wildlife conservation and habitat protection
Latest action: action_date: 2024-11-21
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 592.

Summaries:

tv_txt: II Calendar No. 592 118th CONGRESS 2d 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 November 21, 2024 Reported by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To address the forest health crisis on the National Forest System and public lands, and for other purposes.

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).

1. Short title; table of contents (a) Short title This Act may be cited as the Promoting Effective Forest Management Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Accomplishments over rhetoric Sec. 101. Accelerating treatments on Federal land. Sec. 102. Annual reports. Sec. 103. Transparency in hazardous fuels reduction activity reporting. Sec. 104. Regional forest carbon accounting. Sec. 105. Wildland fire performance metrics. TITLE II—Forest management Sec. 201. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way. Sec. 202. Timber sales on National Forest System land. Sec. 203. Categorical exclusion for high-priority hazard trees. Sec. 204. Intervenor status. Sec. 205. Utilizing grazing for wildfire risk reduction. TITLE III—Workforce Sec. 301. Direct hire authority. Sec. 302. Continuing accrual of service for firefighters. Sec. 303. Affordable housing for Federal wildland firefighters. TITLE IV—Cultural change in agencies Sec. 401. Mandatory use of existing authorities. Sec. 402. Public-private wildfire technology deployment and testbed partnership. Sec. 403. Repeal of FLAME reports. 2. Definitions In this Act: (1) Federal land The term Federal land means— (A) land of the National Forest System; and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Hazardous fuels reduction activity (A) In general The term hazardous fuels reduction activity means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments and prescribed burning. (B) Exclusion The term hazardous fuels reduction activity does not include the awarding of a contract to conduct any activity described in subparagraph (A). (3) National Forest System (A) In general The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (B) Exclusion The term National Forest System does not include any forest reserve not created from the public domain. (4) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land described in paragraph (1)(A); and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to Federal land described in paragraph (1)(B). (5) Wildland-urban interface The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). I Accomplishments over rhetoric 101. Accelerating treatments on Federal land (a) Baseline treatments for fuels reduction and forest health For Federal land, the Secretary concerned shall determine— (1) for each of fiscal years 2019 through 2023— (A) the number of acres mechanically thinned, for acres commercially thinned and for acres pre-commercially thinned; and (B) the number of acres treated by prescribed fire; and (2) the average of the numbers described in subparagraphs (A) and (B) of paragraph (1) over the period of fiscal years 2019 through 2023. (b) Annual goals (1) In general For Federal land for fiscal year 2025 and each fiscal year thereafter, the Secretary concerned shall establish annual— (A) mechanical thinning goals for acres commercially thinned and for acres pre-commercially thinned; and (B) prescribed fire goals. (2) Requirements (A) Fiscal years 2025 and 2026 For each of fiscal years 2025 and 2026, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than the number of acres described in subsection (a)(2). (B) Fiscal years 2027 and 2028 For each of fiscal years 2027 and 2028, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 20 percent more than the number of acres described in subsection (a)(2). (C) Fiscal year 2029 and subsequent fiscal years For fiscal year 2029 and each fiscal year thereafter, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 40 percent more than the number of acres described in subsection (a)(2). (c) Regional allotments Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall assign annual acreage allotments for mechanical thinning and prescribed fire on Federal land, categorized by National Forest System region or by State, as appropriate. (d) Publication The Secretary concerned shall make publicly available the data described in subsections (a), (b), and (c), including by publishing that data on the website of the Forest Service and the website of the Bureau of Land Management. (e) Savings provision Nothing in this section shall be construed to supersede or conflict with any other provision of law, including— (1) section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ); and (2) the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (f) Applicability of NEPA The establishment of annual goals under subsection (b)(1) and the assignment of regional allotments under subsection (c) shall not be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 102. Annual reports Not later than September 30, 2025, and annually thereafter, the Secretary concerned shall publish on a public website of the Forest Service and a public website of the Bureau of Land Management the following information with respect to the Federal land during the preceding fiscal year: (1) The number of acres treated pursuant to section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ). (2) (A) The number of acres mechanically thinned; (B) the number of acres treated by prescribed fire; and (C) whether the number of acres described in subparagraphs (A) and (B) met or exceeded the acres described in section 101(b)(2). (3) Any limitations or challenges, including litigation or delays in the preparation of environmental documentation, that hindered the Secretary concerned from meeting or exceeding the annual goals established under section 101(b)(1), if applicable. (4) The number of acres that have undergone a regeneration harvest. (5) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that are in an area identified as having— (A) the expectation that, without remediation, at least 25 percent of standing live basal area greater than 1 inch in diameter may die over a 15-year time frame due to insects and diseases, as depicted on the National Insect and Disease Composite Risk Map; or (B) a very high or high wildfire hazard potential. (6) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that use either of the following streamlined authorities for environmental review: (A) A categorical exclusion. (B) An emergency action authority of the Secretary concerned. (7) The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) with respect to which partners are used to carry out the work through— (A) a good neighbor agreement under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (B) a master stewardship agreement; (C) a contract or agreement entered into under the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ); or (D) a stewardship end-result contract. 103. Transparency in hazardous fuels reduction activity reporting (a) Inclusion of hazardous fuels reduction report in materials submitted in support of the President’s budget (1) In general The Secretary concerned shall include in the materials submitted in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing— (A) for each of fiscal years 2025 through 2030, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using— (i) the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and (ii) the methodology described in paragraph (2); and (B) for fiscal year 2031 and each fiscal year thereafter, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using the methodology described in paragraph (2). (2) Requirements For purposes of the reports required under paragraph (1), the Secretary concerned shall— (A) in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each fiscal year covered by the report— (i) record acres of Federal land on which hazardous fuels reduction activities were completed during each such fiscal year; and (ii) record each acre described in clause (i) once in the report with respect to a fiscal year, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such fiscal year; and (B) with respect to the acres of Federal land recorded in the report, include information on— (i) which such acres are located in the wildland-urban interface; (ii) the level of wildfire risk (high, moderate, or low) on the first and last day of each fiscal year covered by the report; (iii) the types of hazardous fuels reduction activities completed for such acres, delineating between whether such activities were conducted— (I) in a wildfire managed for resource benefits; or (II) through a planned project; (iv) the cost per acre of hazardous fuels reduction activities carried out during each fiscal year covered by the report; (v) the region or System unit in which the acres are located; and (vi) the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire. (3) Transparency The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture and the Department of the Interior, as applicable. (b) Accurate data collection (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data relating to hazardous fuels reduction activities carried out by the Secretary concerned. (2) Elements The standardized procedures required under paragraph (1) shall include— (A) regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities; (B) verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned; (C) an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and (D) for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface. (3) Report Not later than 14 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes— (A) such standardized procedures; and (B) program and policy recommendations to Congress to address any limitations in tracking data relating to hazardous fuels reduction activities under this subsection. 104. Regional forest carbon accounting Not later than September 30, 2025, and every 3 years thereafter, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall— (1) using data from the forest inventory and analysis program, determine the net forest carbon balance on the land in the National Forest System of each Forest Service region, including whether the National Forest System land is— (A) a carbon source; or (B) a carbon sink; and (2) publish the information described in paragraph (1) on the website of the Forest Service. 105. Wildland fire performance metrics (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall submit to the committees of Congress described in subsection (c) a report on existing key performance indicators and potential outcome-based performance measures to reduce wildfire risk on Federal land. (b) Inclusions The report submitted under subsection (a) shall identify solutions to track the implementation and effectiveness of hazardous fuels reduction activities and forest restoration treatments, including strategies— (1) to track whether land management activities are reducing wildfire hazards and ways to quantify and track acres in maintenance status; (2) to track place-based and locally led outcomes; (3) to standardize national-level monitoring measures; (4) to quantify catastrophic wildfire risk reduction; (5) to identify modeling and data challenges that are preventing the transition to annual wildfire risk mapping updates; and (6) to integrate advanced technologies or a combination of technologies and analyses that will benefit the quality of information reported. (c) Committees of Congress described The committees of Congress referred to in subsection (a) are— (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Agriculture of the House of Representatives. II Forest management 201. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way (a) Hazard trees within 50 feet of electric power line Section 512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772(a)(1)(B)(ii) ) is amended by striking 10 and inserting 50 . (b) Permits and agreements with owners and operators of electric transmission or distribution facilities Section 512 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772 ) is amended— (1) in the section heading, by striking managment and inserting management ; (2) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (3) by inserting after subsection (i) the following: (j) Permits and agreements with owners and operators of electric transmission or distribution facilities (1) In general In any special use permit or easement on National Forest System or Bureau of Land Management land provided to the owner or operator of an electric transmission or distribution facility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within the vicinity of the electric transmission or distribution facility without requiring a separate timber sale, if that cutting and removal is consistent with— (A) the applicable plan; (B) the applicable land and resource management plan or land use plan; and (C) other applicable environmental laws (including regulations). (2) Use of proceeds A special use permit or easement that includes permission for cutting and removal described in paragraph (1) shall include a requirement that, if the owner or operator of the electric transmission or distribution facility sells any portion of the material removed under the permit or easement, the owner or operator shall provide to the Secretary concerned any proceeds received from the sale, less any transportation costs incurred in the sale. (3) Effect Nothing in paragraph (2) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in paragraph (1). . 202. Timber sales on National Forest System land Section 14(d) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(d) ) is amended, in the first sentence, by striking $10,000 and inserting $55,000 . 203. Categorical exclusion for high-priority hazard trees (a) Definitions In this section: (1) High-priority hazard tree The term high-priority hazard tree means a standing tree that— (A) presents a visible hazard to people or Federal property due to conditions such as deterioration of or damage to the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary; (B) is determined by the Secretary to be highly likely to fail and, if it failed, would be highly likely to cause injury to people or damage to Federal property; and (C) is— (i) within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5; (ii) along a National Forest System trail; or (iii) in a developed recreation site on National Forest System land that is operated and maintained by the Secretary. (2) High-priority hazard tree activity (A) In general The term high-priority hazard tree activity means a forest management activity that mitigates the risks associated with high-priority hazard trees, which may include pruning, felling, and disposal of those high-priority hazard trees. (B) Exclusions The term high-priority hazard tree activity does not include— (i) any activity conducted in a wilderness area or wilderness study area; (ii) any activity for the construction of a permanent road or permanent trail; (iii) any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (iv) any activity conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or (v) any activity conducted in an inventoried roadless area. (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Categorical exclusion (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e )) for high-priority hazard tree activities. (2) Administration In developing and administering the categorical exclusion under paragraph (1), the Secretary shall— (A) comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion. (3) Project size limitation A project carried out using the categorical exclusion developed under paragraph (1) may not exceed 3,000 acres. 204. Intervenor status (a) In general For purposes of a civil action relating to a qualified project described in subsection (b), a unit of local government or an Indian Tribe shall be— (1) entitled to intervene, as of right, in any subsequent civil action; and (2) considered to be a full participant in any settlement negotiation relating to the qualified project if the unit of local government or Indian Tribe, as applicable, intervenes. (b) Description of qualified project A qualified project referred to in subsection (a) is a project that— (1) is located on Federal land adjacent, or with sufficient minimum contacts, as determined by the Secretary concerned, to the land under the jurisdiction of the unit of local government or Indian Tribe, as applicable; (2) has been approved by the Secretary concerned; and (3) (A) reduces the risk posed by wildfire, insect, or disease; or (B) generates revenue from the harvesting of timber. 205. Utilizing grazing for wildfire risk reduction (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a strategy to analyze and identify opportunities to use livestock grazing as a wildfire risk reduction tool on Federal land, consistent with the laws applicable to the Secretary concerned. (b) Inclusions The strategy developed under subsection (a) shall include an analysis of— (1) opportunities— (A) to increase the use of any authorities applicable to livestock grazing, including modifications to grazing permits or leases to allow variances; (B) to use targeted grazing to reduce hazardous fuels; (C) to integrate advanced technologies to dynamically adjust livestock placement; (D) to increase the use of livestock grazing to eradicate invasive annual grasses and as a post-fire restoration and recovery strategy, as appropriate; and (E) to facilitate and expedite the temporary use of vacant allotments during extreme weather events or natural disasters; and (2) any other opportunities determined to be appropriate by the Secretary concerned. (c) Effect on existing grazing programs Nothing in this section affects— (1) any livestock grazing program carried out by the Secretary concerned as of the date of enactment of this Act; or (2) any statutory authority for any program described in paragraph (1). III Workforce 301. Direct hire authority For fiscal year 2025 and each fiscal year thereafter, the Secretary concerned may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a Job Corps graduate (as defined in section 142(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192(5) )) directly to a position for which the graduate meets Office of Personnel Management qualification standards. 302. Continuing accrual of service for firefighters (a) Federal Employees’ Retirement System Section 8401(14) of title 5, United States Code, is amended to read as follows: (14) the term firefighter means— (A) an employee, the duties of whose position— (i) are primarily to perform work directly connected with the control and extinguishment of non-wildland fires; and (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; (B) an employee, the duties of whose position— (i) are primarily to perform work directly connected with the control and extinguishment of wildland fires; and (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; (C) an employee who— (i) is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and (ii) while serving in such supervisory or administrative position, has no break in service; or (D) an employee who— (i) occupies a supervisory or administrative position after performing duties described in subparagraph (B) for not less than 3 years; and (ii) has not more than 24 months in total time of breaks in service; . (b) Service before date of enactment (1) In general Subject to the requirements under paragraph (2), service performed before the date of enactment of this Act by an individual who, on the date of enactment of this Act, is an employee (as defined in section 8401(11) of title 5, United States Code) shall, for the purposes of chapter 84 of title 5, United States Code, be treated as service performed by a firefighter if— (A) such service was performed during the period beginning on October 1, 2003, and ending on the day before the date of enactment of this Act; (B) at the time of performing such service— (i) the individual did not meet the requirements to be a firefighter under section 8401(14) of title 5, United States Code, because of a break in service; and (ii) would have met the requirements to be a firefighter under section 8401(14)(D) of title 5, United States Code, as amended by this Act; and (C) appropriate deductions and withholdings under sections 8422 and 8423 of title 5, United States Code, were made during such service. (2) Credit for service To receive credit for eligible service under paragraph (1), the applicable individual shall— (A) before the date on which the individual separates from service in the agency in which the individual holds a position on the date of enactment of this Act, submit a written election to the agency employing the individual; (B) if the individual is not employed by the agency that employed the individual when the service described in paragraph (1) was performed, submit a written election to such agency; and (C) remit to the agency that employed the individual when such service was performed the additional amount that would have been deducted during the period of prior service under section 8422 of title 5, United States Code, from the pay of the individual if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed under section 8334(e) of title 5, United States Code. (3) Government contributions If an individual remits payment under paragraph (2)(C) with respect to service described in paragraph (1), the agency that employed the individual when such service was performed shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total additional amount of Federal contributions that would have been paid under section 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed in accordance with section 8334(e) of title 5, United States Code. (4) Notification and assistance requirements The Director of the Office of Personnel Management shall— (A) take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection, or to have any annuity computed under this subsection, of the entitlement to the credit or computation; and (B) upon request, assist any individual described in subparagraph (A) in obtaining such information in the possession of the Secretary of Agriculture or the Secretary of the Interior, as applicable, as may be necessary to verify the entitlement of the individual to have any service credited, or to have any annuity computed, pursuant to this subsection. (5) Rule of construction Nothing in this section shall be construed to permit or require the making of any contribution to the Thrift Savings Fund that would not otherwise have been permitted or required but for the enactment of this section. 303. Affordable housing for Federal wildland firefighters (a) Definitions In this section, the terms agency and quarters have the meanings given the terms in section 5911(a) of title 5, United States Code. (b) Modernizing rental regulations for Federal housing Section 5911 of title 5, United States Code, is amended— (1) in subsection (f), by inserting after the first sentence the following: In prescribing regulations under the previous sentence defining a dormitory (also known as a bunkhouse or barracks ) in relation to other forms of quarters, the President shall do so based on the square footage and intended number of residents of the quarters and shall discount the square footage of any area devoted to official use. ; and (2) by adding at the end the following: (i) The head of each agency shall, to the maximum extent practicable, maintain quarters under the jurisdiction of that agency that are rented by an employee in a safe and sanitary condition. (j) For any quarters rented by an employee that experience a loss in available facilities— (1) the head of the agency that owns or leases the quarters shall attempt to repair or replace those facilities as soon as practicable; and (2) the rental payments paid by the employee renting the quarters shall be immediately discounted commensurate to that loss in facilities. (k) Notwithstanding section 5536, for any quarters that become uninhabitable due to a loss of facilities or other emergency circumstance, the head of the agency that owns or leases the quarters may provide alternative quarters and assess a rental rate not greater than the rate of the inhabitable quarters for a period of not longer than 28 days. (l) Notwithstanding section 5536, the head of an agency may rent quarters owned or leased by that agency to an employee at a rate corresponding to full occupancy of those quarters, without regard to whether the quarters are fully occupied. (m) If quarters are not fully occupied by employees at any point during a period of more than 1 year, the head of the agency that owns or leases the quarters may, subject to the approval of the Director of the Office of Management and Budget, reduce the rental rate charged to an employee for those quarters by not more than 5 percent. . (c) Accurate rental rates for housing (1) Accuracy assessment of rent for remote housing Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study of the determination of rental rates for quarters owned or leased by agencies that are— (A) subject to a reduction in rental rates due to the remoteness of the quarters under the regulations promulgated under Circular A–45R of the Office of Management and Budget, as revised on November 25, 2019 (referred to in this subsection as Circular A–45R ); or (B) located in an area that receives a different locality-comparability payment under section 5304 or 5304a of title 5, United States Code, than the nearest established community for those quarters, as determined under the regulations promulgated under Circular A–45R. (2) Analysis In conducting the study required under paragraph (1), the Comptroller General of the United States shall analyze— (A) the extent to which rental rates for the quarters accurately reflect similar units offered for rent in local housing markets or housing markets of the nearest established community; (B) the accuracy of rental rate adjustments relating to the remoteness of the quarters in making rental rates more reflective of rates in the local housing market, especially for any housing that can only be accessed through methods other than on a paved road; and (C) whether the maximum allowable remoteness adjustment of 60 percent from similar units in the nearest established community is sufficient in cases of extremely remote housing to accurately reflect local housing markets. (3) Consultation In conducting the study required under paragraph (1) or the analysis required under paragraph (2), the Comptroller General of the United States may consult with— (A) the National Housing Council described in Circular A–45R; (B) the Director of the Office of Management and Budget; (C) the Secretary of Agriculture; (D) the Secretary of the Interior; or (E) any other agency that owns or leases quarters. (4) Remediation (A) In general Not later than 180 days after the completion of the study required under paragraph (2), the Director of the Office of Management and Budget shall review the regulations promulgated under Circular A–45R and, if necessary, revise the regulations to remedy, to the maximum extent practicable, any discrepancies between established rental rates for quarters and the market rate for those quarters. (B) Factors for consideration The Director of the Office of Management and Budget, in completing any review or revision under subparagraph (A), shall consider the best available evidence, including the survey and analysis by the Comptroller General of the United States under paragraphs (1) and (2), respectively. (C) Nonapplication The requirement under subparagraph (A) to revise regulations promulgated under Circular A–45R shall not apply if the Director of the Office of Management and Budget certifies that remedying the discrepancies described in subparagraph (A) would result in increased rental rates, on average, for quarters. (d) Affordability of housing for wildland firefighters (1) Reporting on expensive firefighter housing Not later than 180 days after the date of the revision of regulations under subsection (c)(4)(A), or the certification under section (c)(4)(C), the Secretary of Agriculture and the Secretary of the Interior shall prepare a report that establishes a list of any quarters owned or leased by that Secretary that— (A) as of the date on which the report is prepared, are rented, or are intended for rent, primarily by a wildland firefighter; and (B) have a rental cost that exceeds 30 percent of— (i) the rate of basic pay for that wildland firefighter, or any special rate of basic pay established for that wildland firefighter, plus any locality-based comparability payment under section 5304 or 5304a of title 5, United States Code; or (ii) for a prevailing rate employee described in section 5342(a)(2)(A) of that title in a position for which the duties of the position relate primarily to wildland fires, the wage rate of that employee. (2) Remediation For any quarters included on the list required under paragraph (1), the Secretary of Agriculture or the Secretary of the Interior, as applicable, shall prepare a plan to reduce the rental costs for those quarters, including by— (A) reducing the rental costs for such housing under the authority provided in subsection (m) of section 5911 of title 5, United States Code, as added by this section; (B) using the authorities provided by— (i) section 8623 of the Agriculture Improvement Act of 2018 ( 16 U.S.C. 580d note; Public Law 115–334 ); (ii) subchapter III of chapter 1013 of title 54, United States Code; or (iii) section 7 of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742f ); or (C) other applicable authorities to construct or lease housing. (3) Temporary remediation (A) Time table required Each remediation plan prepared under paragraph (2) shall include a timeline for implementing the plan. (B) Rental cap Notwithstanding the requirements of section 5536 of title 5, United States Code, the Secretary of Agriculture or Secretary of the Interior, as applicable, may establish a cap on rental costs for a wildland firefighter or prevailing rate employee in a position for which the duties of the position relate primarily to wildland fires that inhabits quarters subject to a remediation plan under paragraph (2), which shall be not more than 30 percent of— (i) the rate of basic pay for that wildland firefighter, or any special rate of basic pay established for that wildland firefighter, plus any locality-based comparability payment under section 5304 or 5304a of that title; or (ii) for a prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, the wage rate of that employee. (C) Rental cap duration The duration of any rental cap imposed under subparagraph (B) shall not exceed the timetable identified under subparagraph (A) for implementation of the applicable remediation plan prepared under paragraph (2). (D) Rental cap renewal A rental cap, the duration of which has expired under subparagraph (C) because of implementation delays for the applicable remediation plan prepared under paragraph (2), may be renewed for periods of not longer than 2 years, if the Secretary of Agriculture or the Secretary of the Interior, as applicable, submits an explanation of the reason for the implementation delays to— (i) the Committee on Energy and Natural Resources of the Senate; (ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (iii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iv) the Committee on Appropriations of the Senate; (v) the Committee on Natural Resources of the House of Representatives; (vi) the Committee on Agriculture of the House of Representatives; (vii) the Committee on Oversight and Accountability of the House of Representatives; and (viii) the Committee on Appropriations of the House of Representatives. 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 Federal land that contains land described in section 102(5), the Secretary concerned shall use not fewer than 1 of the following streamlined authorities for environmental review: (1) Section 603(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(a) ). (2) Section 605(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(a) ). (3) Section 606(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591e(b) ). (4) Section 40806(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(b) ). (5) Section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c ). (6) Section 207 of the Wildfire Suppression Funding and Forest Management Activities Act ( 16 U.S.C. 6591c note; Public Law 115–141 ). 402. Public-private wildfire technology deployment and testbed partnership (a) Definitions In this section: (1) Appropriate committees The term appropriate committees means— (A) the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate; and (B) the Committees on Agriculture, Natural Resources, and Science, Space, and Technology of the House of Representatives. (2) Covered agency The term covered agency means— (A) each Federal land management agency (as defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 )); (B) the Department of Defense; (C) the National Oceanic and Atmospheric Administration; (D) the United States Fire Administration; (E) the Federal Emergency Management Agency; (F) the National Aeronautics and Space Administration; (G) the Bureau of Indian Affairs; and (H) any other Federal agency involved in wildfire response. (3) Covered entity The term covered entity means— (A) a private entity; (B) a nonprofit organization; and (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (4) Pilot Program The term Pilot Program means the deployment and testbed pilot program established under subsection (b). (5) Secretaries The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly. (b) Establishment Not later than 60 days after the date of enactment of this Act, the Secretaries, in coordination with the heads of the covered agencies, shall establish a deployment and testbed pilot program for new and innovative wildfire prevention, detection, communication, and mitigation technologies. (c) Functions In carrying out the Pilot Program, the Secretaries shall— (1) incorporate the Pilot Program into an existing interagency coordinating group on wildfires; (2) in consultation with the heads of covered agencies, identify key technology priority areas with respect to the deployment of wildfire prevention, detection, communication, and mitigation technologies, including— (A) hazardous fuels reduction activities or treatments; (B) dispatch communications; (C) remote sensing and tracking; (D) safety equipment; and (E) common operating pictures or operational dashboards; and (3) connect each covered entity selected to participate in the Pilot Program with the appropriate covered agency to coordinate real-time and on-the-ground testing of technology during wildland fire mitigation activities and training. (d) Applications To participate in the Pilot Program, a covered entity shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require, which shall include a proposal to test technologies specific to key technology priority areas identified under subsection (c)(2). (e) Prioritization of emerging technologies In selecting covered entities to participate in the Pilot Program, the Secretaries shall give priority to covered entities developing and applying emerging technologies that address issues identified by the Secretaries, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, augmented reality, and 5G private networks and device-to-device communications supporting nomadic mesh networks, for wildfire mitigation. (f) Outreach The Secretaries, in coordination with the heads of the covered agencies, shall make publicly available the key technology priority areas identified under subsection (c)(2) and invite covered entities to apply to test and demonstrate their technologies to address those priority areas. (g) Reports and recommendations Not later than 1 year after the date of enactment of this Act, and each year thereafter for the duration of the Pilot Program, the Secretaries shall submit to the appropriate committees a report that includes the following with respect to the Pilot Program: (1) A list of participating covered entities. (2) A brief description of the technologies tested by such covered entities. (3) An estimate of the cost of acquiring the technology tested in the Pilot Program and applying it at scale. (4) Outreach efforts by Federal agencies to covered entities developing wildfire technologies. (5) Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in the wildfire prevention, detection, communication, and mitigation efforts of Federal land management agencies (as defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 )). (h) Termination The Pilot Program shall expire on the date that is 7 years after the date of enactment of this Act. 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).

November 21, 2024 Reported with an amendment

tv_txt: 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).