[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4431 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4431

 To increase wildfire preparedness and response throughout the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 2020

 Mrs. Feinstein (for herself and Mr. Daines) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To increase wildfire preparedness and response throughout the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Wildfire and Public Safety 
Act of 2020''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
                 TITLE I--WILDFIRE MITIGATION PROJECTS

Sec. 101. Forest landscape projects.
Sec. 102. Wildfire detection equipment.
Sec. 103. Establishment of fuel breaks in forests and other wildland 
                            vegetation.
Sec. 104. Emergency actions.
Sec. 105. New information in land management plans.
Sec. 106. Hazard mitigation using disaster assistance.
                           TITLE II--BIOMASS

Sec. 201. Biomass energy infrastructure program.
                       TITLE III--TIMBER EXPORTS

Sec. 301. Exemption to prohibition on export of unprocessed timber of 
                            dead and dying trees in the State of 
                            California.
                        TITLE IV--OTHER MATTERS

Sec. 401. Innovative forest workforce development program.
Sec. 402. Western prescribed fire center.
Sec. 403. Retrofits for fire-resilient communities.
Sec. 404. Critical infrastructure and microgrid program.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) in 2017 and 2018, the State of California, the State of 
        Montana, and other Western States experienced some of the 
        deadliest and most destructive wildfires in the last 100 years, 
        devastating Federal, State, and private land, destroying tens 
        of thousands of homes, killing dozens of people, and burning 
        large areas of land in the wildland-urban interface (as defined 
        in section 101 of the Healthy Forests Restoration Act of 2003 
        (16 U.S.C. 6511));
            (2) fire suppression practices over several decades, 
        inadequate levels of forest management, and climate change have 
        increased the risk of wildfires, and, according to the Fourth 
        National Climate Assessment by the United States Global Change 
        Research Program, the cumulative number of acres burned in the 
        period from 1984 to 2015 was twice the number of acres that 
        would have burned in the absence of climate change;
            (3) increased development in the wildland-urban interface 
        near overgrown forest landscapes has increased the number of 
        people living in areas that are at risk of wildfire;
            (4) despite legislation enacted over the last 20 years to 
        facilitate hazardous fuels reduction, certain statutory, 
        regulatory, and administrative requirements, including studies, 
        publication periods, season-specific surveys, and objection 
        processes, and litigation can significantly impede rapid 
        implementation of hazardous fuels reduction projects necessary 
        to protect lives and property;
            (5) increasing the pace and scale of science-based, 
        publicly developed forest management activities that reduce 
        hazardous fuels, including through mechanical thinning and 
        controlled burning, can reduce the size and scope of wildfires, 
        as well as protect watersheds, improve fish and wildlife 
        habitat, expand recreational opportunities, protect air 
        quality, and increase the sequestration of carbon on National 
        Forest System and Bureau of Land Management land;
            (6) in 2019, 11,800,000 acres of National Forest System 
        land in the State of California and 6,300,000 acres of National 
        Forest System land in the State of Montana were at high or very 
        high wildfire hazard potential, of which 3,100,000 acres and 
        1,600,000 acres, respectively, were within proximity to 
        populated areas; and
            (7) the Governor of the State of California has proclaimed 
        a ``State of Emergency'' due to a vast tree die-off throughout 
        the State that has increased the risk of wildfires and has 
        created extremely dangerous fire conditions.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))); 
                and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)).
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                Federal land described in paragraph (1)(A); and
                    (B) the Secretary of the Interior, with respect to 
                Federal land described in paragraph (1)(B).

                 TITLE I--WILDFIRE MITIGATION PROJECTS

SEC. 101. FOREST LANDSCAPE PROJECTS.

    (a) Definitions.--In this section:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a collaborative process described in section 
        4003(b)(2) of the Omnibus Public Land Management Act of 2009 
        (16 U.S.C. 7303(b)(2)).
            (2) Forest landscape.--The term ``forest landscape'' means 
        an area that--
                    (A) primarily or entirely contains land that has a 
                high or very high wildfire hazard potential;
                    (B) due to a fuel management activity in the area, 
                would have a reduced risk, as determined by the 
                Secretary concerned--
                            (i) of wildfire endangering a nearby at-
                        risk community (as defined in section 101 of 
                        the Healthy Forests Restoration Act of 2003 (16 
                        U.S.C. 6511));
                            (ii) of wildfire damaging a municipal 
                        watershed or infrastructure that serves an at-
                        risk community described in clause (i); or
                            (iii) of the transmission of a high 
                        intensity wildfire from the applicable 
                        wildland-urban interface or forest landscape to 
                        a nearby community; and
                    (C) to the extent practicable, is conducive to the 
                development and implementation of projects relating to 
                wildfire resilience and forest health that are carried 
                out through a collaborative process.
            (3) Forest landscape project.--The term ``forest landscape 
        project'' means a project carried out in a forest landscape 
        under subsection (b)(1)--
                    (A) in which 1 or more management activities are 
                carried out; and
                    (B) that takes place on not more than 75,000 acres 
                of Federal land or non-Federal land adjacent to Federal 
                land on which the project is carried out.
            (4) Management activity.--The term ``management activity'' 
        means--
                    (A) the installation of fuel breaks (including 
                shaded fuel breaks) not more than \1/2\-mile wide 
                across a forest landscape in a strategic system that 
                maximizes the reduction of wildfire risk to communities 
                or watersheds;
                    (B) mechanical thinning (including restoration 
                thinning) of a forest landscape to clear--
                            (i) surface fuels, such as slash;
                            (ii) ladder fuels, such as small and medium 
                        diameter trees and shrubs; or
                            (iii) both of the fuels described in 
                        clauses (i) and (ii); and
                    (C) controlled burns.
            (5) State.--The term ``State'' means a State the entirety 
        of which is located west of the 100th meridian.
            (6) Wildlife habitat.--The term ``wildlife habitat'' means 
        an ecological community on which a species of wild animal, 
        bird, plant, fish, amphibian, or invertebrate depends for the 
        conservation and protection of the species.
    (b) Establishment.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, in accordance with paragraph (2), the 
        Secretary of Agriculture, in consultation with the Secretary of 
        the Interior, shall select 3 forest landscapes on which to 
        conduct forest landscape projects--
                    (A) to reduce the risk of wildfire in the forest 
                landscape;
                    (B) to restore ecological health to the forest 
                landscape; or
                    (C) to adapt the forest landscape to the increased 
                risk of wildfire due to climate change.
            (2) Process.--
                    (A) Proposals.--The Governor of a State may submit 
                to the Secretary of Agriculture a proposal for a forest 
                landscape project to be carried out in that State.
                    (B) Selection.--The Secretary of Agriculture, in 
                consultation with the Secretary of the Interior, shall 
                select forest landscape projects to be conducted from 
                among proposals submitted under subparagraph (A) based 
                on--
                            (i) the strength of the proposal and the 
                        strategy for the conduct of the forest 
                        landscape project;
                            (ii) the strength of the ecological case of 
                        the proposal and the proposed ecological 
                        restoration strategies of the forest landscape 
                        project;
                            (iii) the strength of the collaborative 
                        process through which the proposal was 
                        developed and the forest landscape project will 
                        be carried out and the likelihood of successful 
                        collaboration throughout implementation of the 
                        forest landscape project;
                            (iv) whether the proposed forest landscape 
                        project is likely to achieve reductions in 
                        long-term wildfire management costs;
                            (v) whether the proposed forest landscape 
                        project would reduce the relative costs of 
                        carrying out ecological restoration treatments;
                            (vi) whether the proposed forest landscape 
                        project would provide energy as a result of the 
                        use of woody biomass and small-diameter trees; 
                        and
                            (vii) whether an appropriate level of non-
                        Federal investment would be leveraged in 
                        carrying out the proposed forest landscape 
                        project.
                    (C) Consultation.--In selecting proposals under 
                subparagraph (B), the Secretary of Agriculture, in 
                consultation with the Secretary of the Interior, shall 
                consult with the Governors of the States that submitted 
                proposals under subparagraph (A).
            (3) Applicability.--The selection of a forest landscape 
        under this subsection shall not be subject to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other applicable law.
    (c) Management Activities.--In carrying out a management activity 
under a forest landscape project, the Secretary concerned--
            (1) shall maximize the retention of old-growth stands and 
        large trees, as appropriate for the forest type, to the extent 
        that the trees promote stands that are resilient to wildfire 
        and increased average temperature;
            (2) shall consider the best available scientific 
        information to maintain or restore the ecological integrity of 
        the forest landscape; and
            (3) shall not establish a permanent road.
    (d) Environmental Analysis.--
            (1) Application to certain environmental assessments and 
        environmental impact statements.--This subsection shall apply 
        in any case in which the Secretary concerned prepares an 
        environmental assessment or an environmental impact statement 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for a forest landscape 
        project--
                    (A) that--
                            (i) is developed through a collaborative 
                        process; or
                            (ii) is covered by a community wildfire 
                        protection plan;
                    (B) the primary purpose of which is--
                            (i) reducing hazardous fuel loads;
                            (ii) installing fuel and fire breaks;
                            (iii) restoring forest health and 
                        resilience;
                            (iv) protecting a municipal water supply or 
                        a critical communication site;
                            (v) improving wildlife habitat to meet 
                        management and conservation goals, including 
                        State population goals; or
                            (vi) a combination of 2 or more of the 
                        purposes described in clauses (i) through (v); 
                        and
                    (C) that does not include any action that is 
                inconsistent with the applicable land and resource 
                management plan.
            (2) Consideration of alternatives.--In an environmental 
        assessment or environmental impact statement described in 
        paragraph (1), the Secretary concerned shall study, develop, 
        and describe only the following alternatives:
                    (A) The forest landscape project, as proposed under 
                paragraph (1).
                    (B) A forest management activity or combination of 
                forest management activities proposed by the relevant 
                agency.
                    (C) The alternative of no action.
            (3) Elements of no-action alternative.--In the case of the 
        alternative of no action, the Secretary concerned shall 
        evaluate the effect of no action only on--
                    (A) forest health;
                    (B) wildlife habitat;
                    (C) wildfire potential;
                    (D) insect and disease potential;
                    (E) economic and social factors; and
                    (F) water quality and quantity.
            (4) Exclusions.--This subsection does not apply to--
                    (A) any component of the National Wilderness 
                Preservation System;
                    (B) any congressionally designated wilderness study 
                area;
                    (C) any component of the National Wild and Scenic 
                Rivers System;
                    (D) any research natural area;
                    (E) any National Forest System land or public land 
                on which the removal of vegetation is prohibited by an 
                Act of Congress or the President;
                    (F) any land in an inventoried roadless area; or
                    (G) any designated critical habitat for a federally 
                listed threatened or endangered species, unless, after 
                a consultation under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536), the Secretary of 
                the Interior, acting through the Director of the United 
                States Fish and Wildlife Service, determines that the 
                forest management activity is not likely to destroy or 
                adversely modify the critical habitat.
            (5) Road building.--
                    (A) Permanent roads.--A forest landscape project 
                carried out under this section shall not include the 
                construction of any new, permanent road.
                    (B) Existing roads.--The Secretary concerned may 
                carry out necessary maintenance of, repairs to, or 
                reconstruction of an existing permanent road under a 
                forest landscape project carried out under this 
                section.
                    (C) Temporary roads.--The Secretary concerned shall 
                decommission any temporary road constructed under a 
                forest landscape project carried out under this section 
                by not later than 3 years after the date on which the 
                Secretary concerned determines the road is no longer 
                needed.
            (6) Judicial review in united states district courts.--
                    (A) Venue.--Notwithstanding section 1391 of title 
                28, United States Code, or other applicable law, a 
                forest landscape project for which an environmental 
                assessment or an environmental impact statement is 
                prepared under paragraph (2)(A) shall be subject to 
                judicial review only in--
                            (i) the United States district court for a 
                        district in which the Federal land to be 
                        treated under the forest landscape project is 
                        located; or
                            (ii) the United States district court for 
                        the District of Columbia.
                    (B) Expeditious completion of judicial review.--In 
                the judicial review of an action challenging a forest 
                landscape project described in subparagraph (A), 
                Congress encourages a court of competent jurisdiction 
                to expedite, to the maximum extent practicable, the 
                proceedings in the action with the goal of rendering a 
                final determination on jurisdiction, and, if 
                jurisdiction exists, a final determination on the 
                merits, as soon as practicable after the date on which 
                a complaint or appeal is filed to initiate the action.
                    (C) Injunctions.--
                            (i) In general.--Subject to clause (ii), 
                        the length of any preliminary injunctive relief 
                        or stay pending appeal covering a forest 
                        landscape project described in subparagraph (A) 
                        shall not exceed 60 days.
                            (ii) Renewal.--
                                    (I) In general.--A court of 
                                competent jurisdiction may issue 1 or 
                                more renewals of any preliminary 
                                injunction, or stay pending appeal, 
                                granted under clause (i).
                                    (II) Updates.--In each renewal of 
                                an injunction in an action, the parties 
                                to the action shall present the court 
                                with updated information on the status 
                                of the forest landscape project.
                            (iii) Requirement for injunction.--A court 
                        shall not enjoin an agency action under a 
                        forest landscape project described in 
                        subparagraph (A) if the court determines that 
                        the plaintiff is unable to demonstrate that the 
                        claim of the plaintiff is likely to succeed on 
                        the merits.
                            (iv) Balancing of short- and long-term 
                        effects.--As part of weighing the equities 
                        while considering any request for an injunction 
                        that applies to an agency action under a forest 
                        landscape project described in subparagraph 
                        (A), the court reviewing the project shall 
                        balance the impact to the ecosystem likely 
                        affected by the project of--
                                    (I) the short- and long-term 
                                effects of undertaking the agency 
                                action; against
                                    (II) the short- and long-term 
                                effects of not undertaking the agency 
                                action.
    (e) Use of Other Authorities.--Each Secretary concerned shall seek 
to use existing statutory and administrative authorities, including a 
good neighbor agreement entered into under section 8206 of the 
Agricultural Act of 2014 (16 U.S.C. 2113a), to carry out each forest 
landscape project.
    (f) Reports.--Not later than the last day of each fiscal year, each 
Secretary concerned shall submit a report describing the impacts on 
wildfire risk and the environment of forest landscape projects carried 
out under this section to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Natural Resources of the House of 
        Representatives;
            (3) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate; and
            (4) the Committee on Agriculture of the House of 
        Representatives.
    (g) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section such sums as may 
        be necessary for each fiscal year.
            (2) Non-federal funding.--Each Secretary concerned shall 
        seek additional funding to carry out this section from private 
        and State sources.

SEC. 102. WILDFIRE DETECTION EQUIPMENT.

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

``SEC. 607. WILDFIRE DETECTION EQUIPMENT.

    ``To the extent practicable, the Secretary of Agriculture and the 
Secretary of the Interior shall--
            ``(1) expedite the placement of wildfire detection 
        equipment, such as sensors, cameras, and other relevant 
        equipment, in areas at risk of wildfire;
            ``(2) expand the use of satellite data to assist wildfire 
        response; and
            ``(3) expedite any permitting required by the Secretary of 
        Agriculture or the Secretary of the Interior for the 
        installation, maintenance, or removal of wildfire detection 
        equipment.''.
    (b) Technical Amendment.--The table of contents for the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by adding at the end of the items relating to title VI 
the following:

``Sec. 607. Wildfire detection equipment.''.

SEC. 103. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND 
              VEGETATION.

    (a) Definitions.--In this section:
            (1) Habitat of significant value.--The term ``habitat of 
        significant value'' means a wildlife habitat (as defined in 
        section 101(a))--
                    (A) of national, statewide, or regional ecological 
                importance;
                    (B) that is identified as a candidate for 
                protection, fully protected, sensitive, or as a habitat 
                for a species of special status by a State or Federal 
                agency; or
                    (C) that is essential to the movement of resident 
                or migratory wildlife.
            (2) Riparian area.--The term ``riparian area'' means an 
        area--
                    (A) that is transitional between terrestrial and 
                aquatic ecosystems;
                    (B) that is distinguished by gradients in 
                biophysical conditions, ecological processes, and 
                biota;
                    (C) through which surface and subsurface hydrology 
                connect bodies of water with adjacent uplands;
                    (D) that is adjacent to perennial, intermittent, 
                and ephemeral streams, lakes, or estuarine or marine 
                shorelines; and
                    (E) that includes the portions of terrestrial 
                ecosystems that significantly influence exchanges of 
                energy and matter with aquatic ecosystems.
            (3) Secretary.--The term ``Secretary'' has the meaning 
        given the term in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511).
    (b) Categorical Exclusion Established.--Forest management 
activities described in subsection (c) are a category of actions 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (c) Forest Management Activities Designated for Categorical 
Exclusion.--
            (1) In general.--The category of forest management 
        activities designated under subsection (b) for a categorical 
        exclusion are forest management activities described in 
        paragraph (2) that are carried out by the Secretary on Federal 
        land (as defined in section 3 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6502)) the primary purpose 
        of which is to establish and maintain linear fuel breaks that 
        are--
                    (A) up to 1,000 feet in width adjacent to, and 
                incorporating, existing linear features, such as roads, 
                trails, transmission lines, and pipelines of any length 
                on Federal land; and
                    (B) intended to reduce the risk of wildfire on the 
                Federal land or an adjacent at-risk community.
            (2) Activities.--Subject to paragraph (3), the forest 
        management activities that may be carried out pursuant to the 
        categorical exclusion established under subsection (b) are--
                    (A) mowing or masticating;
                    (B) thinning by manual and mechanical cutting;
                    (C) piling, yarding, and removal of slash;
                    (D) selling of vegetation products, including 
                timber, firewood, biomass, slash, and fenceposts;
                    (E) targeted grazing;
                    (F) application of--
                            (i) pesticide;
                            (ii) biopesticide; or
                            (iii) herbicide;
                    (G) seeding of native species;
                    (H) controlled burns and broadcast burning; and
                    (I) burning of piles, including jackpot piles.
            (3) Excluded activities.--A forest management activity 
        described in paragraph (2) may not be carried out pursuant to 
        the categorical exclusion established under subsection (b) if 
        the activity is conducted--
                    (A) in a wilderness area or wilderness study area;
                    (B) for the construction of a permanent road or 
                permanent trail;
                    (C) on National Forest System land or land managed 
                by the Bureau of Land Management on which the removal 
                of vegetation is prohibited or restricted by Congress 
                or the President; or
                    (D) in an area in which the activity would--
                            (i) be inconsistent with the applicable 
                        land and resource management plan;
                            (ii) have a substantial adverse impact on--
                                    (I) wetlands, as defined in the 
                                United States Fish and Wildlife Service 
                                Manual, part 660 FW 2 (June 21, 1993);
                                    (II) a riparian area; or
                                    (III) a habitat of significant 
                                value; or
                            (iii) harm--
                                    (I) any species protected by the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.); or
                                    (II) the habitat of a species 
                                described in subclause (I).
            (4) Extraordinary circumstances.--The Secretary shall apply 
        the extraordinary circumstances procedures under section 220.6 
        of title 36, Code of Federal Regulations (or a successor 
        regulation), in determining whether to use a categorical 
        exclusion under subsection (b).
    (d) Acreage and Location Limitations.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (b)--
            (1) may not contain treatment units in excess of 3,000 
        acres; and
            (2) shall be located primarily in an area described in 
        section 605(c)(2) of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6591d(c)(2)).

SEC. 104. EMERGENCY ACTIONS.

    (a) Definitions.--In this section:
            (1) Emergency action.--The term ``emergency action'' means 
        an action carried out pursuant to an emergency situation 
        determination to mitigate the harm to life, property, or 
        important natural or cultural resources on National Forest 
        System land or adjacent land.
            (2) Emergency situation.--The term ``emergency situation'' 
        means a situation on National Forest System land for which 
        immediate implementation of a decision is necessary to achieve 
        1 or more of the following results:
                    (A) Relief from hazards threatening human health 
                and safety.
                    (B) Mitigation of threats to natural resources on 
                National Forest System land or adjacent land.
            (3) Emergency situation determination.--The term 
        ``emergency situation determination'' means a determination 
        made by the Secretary under subsection (b)(1)(A).
            (4) Land and resource management plan.--The term ``land and 
        resource management plan'' means a plan developed under section 
        6 of the Forest and Rangeland Renewable Resources Planning Act 
        of 1974 (16 U.S.C. 1604).
            (5) National forest system land.--The term ``National 
        Forest System land'' means land of the National Forest System 
        (as defined in section 11(a) of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Authorized Emergency Actions To Respond to Emergency 
Situations.--
            (1) Determination.--
                    (A) In general.--The Secretary may make a 
                determination that an emergency situation exists with 
                respect to National Forest System land.
                    (B) Review.--An emergency situation determination 
                shall not be subject to objection under the 
                predecisional administrative review processes under 
                part 218 of title 36, Code of Federal Regulations (or 
                successor regulations).
                    (C) Applicability.--An emergency situation 
                determination shall not be subject to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) or any other applicable law.
            (2) Authorized emergency actions.--After making an 
        emergency situation determination with respect to National 
        Forest System land, the Secretary may carry out emergency 
        actions on that National Forest System land, including 
        through--
                    (A) the salvage of dead or dying trees;
                    (B) the harvest of trees damaged by wind or ice;
                    (C) the commercial and noncommercial sanitation 
                harvest of trees to control insects or disease, 
                including trees already infested with insects or 
                disease;
                    (D) the reforestation or replanting of fire-
                impacted areas through planting, control of competing 
                vegetation, or other activities that enhance natural 
                regeneration and restore forest species;
                    (E) the removal of hazardous trees in close 
                proximity to roads and trails;
                    (F) the reconstruction of existing utility lines; 
                and
                    (G) the replacement of underground cables.
            (3) Relation to land and resource management plans.--To the 
        maximum extent practicable, an emergency action carried out 
        under paragraph (2) shall be conducted consistent with the land 
        and resource management plan.
            (4) Acreage limitations.--A treatment area covered by an 
        emergency situation determination on which an emergency action 
        is carried out pursuant to paragraph (2) shall consist of not 
        more than 10,000 acres of National Forest System land.
    (c) Environmental Analysis.--
            (1) Environmental assessment or environmental impact 
        statement.--If the Secretary determines that an emergency 
        action requires an environmental assessment or an environmental 
        impact statement pursuant to section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the 
        Secretary shall study, develop, and describe--
                    (A) the proposed agency action; and
                    (B) the alternative of no action.
            (2) Public notice.--The Secretary shall provide notice of 
        each emergency action that the Secretary determines requires an 
        environmental assessment or environmental impact statement 
        under paragraph (1), in accordance with applicable regulations 
        and administrative guidelines.
            (3) Public comment.--The Secretary shall provide an 
        opportunity for public comment during the preparation of any 
        environmental assessment or environmental impact statement 
        under paragraph (1).
            (4) Savings clause.--Nothing in this subsection prohibits 
        the Secretary from making an emergency situation determination, 
        including a determination that an emergency exists pursuant to 
        section 220.4(b) of title 36, Code of Federal Regulations (or 
        successor regulations), that makes it necessary to take an 
        emergency action before preparing an environmental assessment 
        or environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Administrative Review of Emergency Actions.--An emergency 
action carried out under this section shall not be subject to objection 
under the predecisional administrative review processes established 
under section 105 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6515) and section 428 of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 
6515 note; Public Law 112-74).
    (e) Judicial Review of Emergency Actions.--Section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply to 
an emergency action carried out under this section.

SEC. 105. NEW INFORMATION IN LAND MANAGEMENT PLANS.

    (a) Reinitiation of Consultation; Actions on Federal Land.--
            (1) In general.--The Secretary concerned shall not be 
        required to reinitiate consultation under section 7(a)(2) of 
        the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) on a 
        Federal action described in subsection (b) for new information 
        affecting the listing of a species as threatened or endangered 
        or the designation of critical habitat under that Act (16 
        U.S.C. 1531 et seq.) unless the new information was--
                    (A) influential scientific information (as defined 
                in the guidance document prepared by the Office of 
                Management and Budget entitled ``Final Information 
                Quality Bulletin for Peer Review'' and dated December 
                16, 2004);
                    (B) peer reviewed; and
                    (C) printed in a publication that is publicly 
                accessible.
            (2) Actions on federal land.--While any consultation 
        initiated under paragraph (1) is pending, the Secretary 
        concerned may take an action on Federal land to implement a 
        land management plan, a resource management plan, or a 
        regulation relating to Federal land that is the subject of the 
        new information, if the Secretary concerned complies with 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) regarding that action.
    (b) Federal Actions Described.--A Federal action referred to in 
subsection (a) is any of the following:
            (1) An action on Federal land.
            (2) A land management plan or resource management plan.
    (c) Irreversible or Irretrievable Commitments.--An action described 
in subsection (a)(2) shall not be considered an irreversible or 
irretrievable commitment of resources to implement a land management 
plan, a resource management plan, or a regulation relating to Federal 
land.
    (d) Effect of Section.--Nothing in this section affects any 
applicable requirement of the Secretary concerned to consult with the 
head of any other Federal department or agency--
            (1) regarding any project carried out, or proposed to be 
        carried out, to implement a land management plan or resource 
        management plan pursuant to the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), including any requirement to consult 
        regarding the consideration of cumulative impacts of completed, 
        ongoing, and planned projects; or
            (2) with respect to--
                    (A) an amendment or revision to a land management 
                plan; or
                    (B) a regulation relating to Federal land.

SEC. 106. HAZARD MITIGATION USING DISASTER ASSISTANCE.

    Section 404(f)(12) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
            (1) by inserting ``and wildfire'' after ``windstorm'';
            (2) by striking ``including replacing'' and inserting the 
        following: ``including--
                    ``(A) replacing'';
            (3) in subparagraph (A) (as so designated)--
                    (A) by inserting ``, wildfire,'' after ``extreme 
                wind''; and
                    (B) by adding ``and'' after the semicolon at the 
                end; and
            (4) by adding at the end the following:
                    ``(B) the installation of fire-resistant wires and 
                infrastructure and the undergrounding of wires;''.

                           TITLE II--BIOMASS

SEC. 201. BIOMASS ENERGY INFRASTRUCTURE PROGRAM.

    (a) Definitions.--In this section:
            (1) Area of economic need.--The term ``area of economic 
        need'' has the meaning given the term ``qualified opportunity 
        zone'' in section 1400Z-1(a) of the Internal Revenue Code of 
        1986.
            (2) Biomass.--The term ``biomass'' means slash, thinnings, 
        or invasive species from National Forest System land and public 
        lands (as defined in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702)) that--
                    (A) are byproducts of preventive treatments that 
                are removed--
                            (i) to reduce hazardous fuels;
                            (ii) to reduce or contain disease or insect 
                        infestation; or
                            (iii) to restore ecosystem health;
                    (B) are byproducts of wildfire fuel treatments;
                    (C) would not otherwise be used for higher-value 
                products; and
                    (D) are harvested--
                            (i) in accordance with applicable law and 
                        land management plans;
                            (ii) in accordance with the requirements 
                        for--
                                    (I) old-growth maintenance, 
                                restoration, and management direction 
                                under paragraphs (2), (3), and (4) of 
                                subsection (e) of section 102 of the 
                                Healthy Forests Restoration Act of 2003 
                                (16 U.S.C. 6512); and
                                    (II) large tree retention under 
                                subsection (f) of that section; and
                            (iii) in a manner that retains a minimum 
                        quantity of coarse woody debris for habitat, 
                        nutrient recycling, and soil conservation.
            (3) Biomass conversion facility.--The term ``biomass 
        conversion facility'' means a facility that converts or 
        proposes to convert biomass, including through gasification, 
        into--
                    (A) heat;
                    (B) power;
                    (C) biobased products;
                    (D) advanced biofuels; or
                    (E) any combination of the outputs described in 
                subparagraphs (A) through (D).
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a business;
                    (B) a limited liability company;
                    (C) a cooperative or an entity with a business 
                arrangement similar to a cooperative, as determined by 
                the Secretary;
                    (D) a nonprofit organization; and
                    (E) a public entity.
            (5) High hazard zone.--The term ``high hazard zone'' means 
        an area identified as being at high risk of wildfire--
                    (A) through the use of a fire hazard mapping tool; 
                and
                    (B) by--
                            (i) the Secretary; and
                            (ii) the Governor of the State in which the 
                        area is located.
            (6) Program.--The term ``program'' means the program 
        established under subsection (b).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Program.--Not later than 180 days after the date of enactment 
of this Act, the Secretary shall establish a program to provide grants, 
direct loans, and loan guarantees to eligible entities--
            (1) to establish a biomass conversion facility;
            (2) to expand the infrastructure of a biomass conversion 
        facility;
            (3) to make infrastructure or technological changes to a 
        biomass conversion facility; or
            (4) to remove, harvest, and transport dead or dying trees 
        and small diameter low-value trees.
    (c) Grant Amount.--
            (1) In general.--The amount of a grant awarded under the 
        program shall be based on--
                    (A) in the case of a grant for an activity 
                described in paragraphs (1) through (3) of subsection 
                (b), the number of kilowatt hours of energy generated 
                by the biomass conversion facility; and
                    (B) in the case of a grant for an activity 
                described in paragraph (4) of that subsection, the 
                contribution of the activity to reducing the risk of 
                wildfire in high hazard zones.
            (2) Maximum payment.--An eligible entity shall not receive 
        more than $750,000 in grant funds under the program in a single 
        calendar year.
    (d) Priorities.--In awarding a grant, direct loan, or loan 
guarantee under the program, the Secretary shall give priority to an 
eligible entity that--
            (1) seeks to remove dead or dying trees and small diameter 
        low-value trees;
            (2) seeks to locate a biomass conversion facility in--
                    (A) an area of economic need; or
                    (B) an area in which there has been a decline in 
                forest occupation, as determined by the Secretary; or
            (3) is a small business, as determined by the Administrator 
        of the Small Business Administration.
    (e) Grant Matching Requirement.--Each eligible entity that receives 
a grant under the program shall provide an amount equal to 50 percent 
of the amount of the grant to carry out the activities supported by the 
grant.
    (f) Funding.--There is authorized to be appropriated to the 
Secretary $100,000,000 to award grants under the program, to remain 
available until expended.

                       TITLE III--TIMBER EXPORTS

SEC. 301. EXEMPTION TO PROHIBITION ON EXPORT OF UNPROCESSED TIMBER OF 
              DEAD AND DYING TREES IN THE STATE OF CALIFORNIA.

    Section 489 of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (16 U.S.C. 620a) is amended--
            (1) in subsection (a), by inserting before the period at 
        the end the following: ``or such timber is exempted under 
        subsection (c).'';
            (2) in subsection (b)(1)--
                    (A) by striking ``to specific'' and inserting the 
                following: ``to--
                    ``(A) specific'';
                    (B) in subparagraph (A) (as so designated), by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
                    ``(B) unprocessed timber originating from National 
                Forest System land in the State of California that--
                            ``(i) is included in a hazardous fuels 
                        reduction treatment; and
                            ``(ii) for which there is no current 
                        domestic market.''; and
            (3) by adding at the end the following:
    ``(c) Exemption for Unprocessed Surplus Timber of Dead and Dying 
Trees in the State of California.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Dead.--The term `dead', with respect to a 
                tree, means that the tree is designated by a registered 
                professional forester or a designee of the Secretary 
                concerned as dead.
                    ``(B) Dying.--The term `dying', with respect to a 
                tree, means that--
                            ``(i)(I) 50 percent or greater of the 
                        foliage-bearing crown of the tree is dead or 
                        fading in color (other than through normal 
                        autumn coloration changes) from a normal green 
                        to a yellow, sorrel, or brown;
                            ``(II) successful bark beetle attacks are 
                        exhibited on the tree, with indications of dead 
                        cambium and brood development distributed 
                        around the circumference of the bole of the 
                        tree; or
                            ``(III) 50 percent or greater of the 
                        circumference of the lower bole of the tree is 
                        girdled by wildlife; or
                            ``(ii) the tree is designated by a 
                        registered professional forester or a designee 
                        of the Secretary concerned as likely to die 
                        within 1 year.
                    ``(C) State.--The term `State' means the State of 
                California.
            ``(2) Application of prohibition.--Subject to paragraph 
        (3), the prohibition under subsection (a) shall not apply to 
        unprocessed surplus timber originating from a dead or dying 
        tree on Federal land in the State.
            ``(3) Determination of surplus species.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of the Emergency Wildfire and Public 
                Safety Act of 2020, and each year thereafter, the 
                Secretary concerned shall issue a list establishing 
                which species and sizes of trees are considered to be 
                `surplus' for purposes of paragraph (2).
                    ``(B) Implementation.--Except with respect to the 
                first list issued under subparagraph (A), the Secretary 
                concerned shall implement and administer this paragraph 
                in accordance with--
                            ``(i) the rulemaking and notice and comment 
                        provisions of section 553 of title 5, United 
                        States Code; and
                            ``(ii) chapter 35 of title 44, United 
                        States Code (commonly known as the `Paperwork 
                        Reduction Act').
            ``(4) Preference for domestic timber processing.--
        Notwithstanding the exemption described in paragraph (2), the 
        Secretary concerned, to the maximum extent practicable, shall 
        give preference for domestic processing of timber covered by 
        the exemption.
            ``(5) Inapplicability of substitution limitations.--Section 
        490 shall not apply to unprocessed surplus timber exempted 
        under paragraph (2).
            ``(6) Reporting requirement.--Not later than March 1, 2023, 
        the Secretaries concerned shall submit to Congress a report 
        evaluating the impacts of the exemption described in paragraph 
        (2) on forest health, domestic timber supply, local processing 
        capacity, reduction in risk from wildfire, public safety, and 
        the total quantity of timber exported.
            ``(7) Termination of effectiveness.--This subsection shall 
        cease to be effective on the date that is 5 years after the 
        date of enactment of the Emergency Wildfire and Public Safety 
        Act of 2020.''.

                        TITLE IV--OTHER MATTERS

SEC. 401. INNOVATIVE FOREST WORKFORCE DEVELOPMENT PROGRAM.

    (a) Definitions.--In this section:
            (1) Career in the forest sector.--The term ``career in the 
        forest sector'' means a career in forestry, including--
                    (A) in timber operations;
                    (B) as a registered professional forester;
                    (C) in vegetation treatment, including as a member 
                of a hand crew, a machine operator, and in conducting 
                prescribed fires;
                    (D) in ecological restoration, including 
                restoration of watersheds;
                    (E) in wildland fire fighting; and
                    (F) in community fire resilience, including 
                workforce development projects.
            (2) Forest sector.--The term ``forest sector'' includes the 
        areas of forestry described in subparagraphs (A) through (F) of 
        paragraph (1).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Grants Authorized.--The Secretary shall establish a competitive 
grant program--
            (1) to assist in the development and utilization of 
        innovative activities relating to workforce development in the 
        forest sector and opportunities for careers in the forest 
        sector; and
            (2) to expand public awareness about the forest sector and 
        connect individuals to careers in the forest sector.
    (c) Selection of Grant Recipients.--In awarding grants under 
subsection (b), the Secretary shall, to the extent practicable, select 
nonprofit professional or service organizations, labor organizations, 
State agencies, community colleges, institutions of higher education, 
or other training and educational institutions--
            (1) that have qualifications and experience--
                    (A) in the development of training programs and 
                curricula relevant to the workforce needs of the forest 
                sector;
                    (B) working in cooperation with the forest sector; 
                or
                    (C) developing public education materials 
                appropriate for communicating with groups of various 
                ages and educational backgrounds; and
            (2) that will address the human resources and workforce 
        needs of the forest sector.
    (d) Use of Funds.--Grants awarded under subsection (b) may be used 
for activities such as--
            (1) targeted internship, apprenticeship, pre-
        apprenticeship, and post-secondary bridge programs for skilled 
        forest sector trades that provide--
                    (A) on-the-job training;
                    (B) skills development;
                    (C) test preparation for skilled trade 
                apprenticeships;
                    (D) advance training in the forest sector relating 
                to jobs as forest restorationists, members of hand 
                crews, wildland fire fighters, machine operators, 
                licensed timber operators, registered professional 
                foresters, ecologists, biologists, or workers in 
                construction in support of resilient infrastructure, 
                including residential buildings; or
                    (E) other support services to facilitate post-
                secondary success;
            (2) education programs designed for elementary, secondary, 
        and higher education students that--
                    (A) inform people about the role of forestry, 
                vegetation management, and ecological restoration in 
                the communities of those people;
                    (B) increase the awareness of opportunities for 
                careers in the forest sector and exposure of students 
                to those careers through various work-based learning 
                opportunities inside and outside the classroom; and
                    (C) connect students to pathways to careers in the 
                forest sector;
            (3) the development of a model curriculum and related 
        vocational programs to be adopted by community colleges, which, 
        to the extent practicable and feasible, shall--
                    (A) provide professional training in implementing 
                prescribed fire projects, including the knowledge and 
                skills necessary to plan and implement broad-scale 
                surface and ladder fuel treatments within the wildland-
                urban interface, wildlands, and urbanized areas, as 
                appropriate;
                    (B) include a focus on the ecological concerns, 
                economics, and practices necessary to improve community 
                safety and forest resilience; and
                    (C) train students in--
                            (i) the retrofitting of houses, including 
                        the use of fire-resistant materials and the 
                        maintenance of defensible space;
                            (ii) urban forestry; and
                            (iii) policies or guidance relating to the 
                        management of vegetation near utility 
                        infrastructure and relevant portions of 
                        electric utility wildfire mitigation plans;
            (4) regional industry and workforce development 
        collaborations, including the coordination of candidate 
        development, particularly in areas of high unemployment;
            (5) integrated learning laboratories in secondary 
        educational institutions that provide students with--
                    (A) hands-on, contextualized learning 
                opportunities;
                    (B) dual enrollment credit for post-secondary 
                education and training programs; and
                    (C) direct connection to industry or government 
                employers; and
            (6) leadership development, occupational training, 
        mentoring, or cross-training programs that ensure that workers 
        are prepared for high-level supervisory or management-level 
        positions.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section such sums as 
are necessary.

SEC. 402. WESTERN PRESCRIBED FIRE CENTER.

    (a) In General.--The Secretary of Agriculture and the Secretary of 
the Interior (referred to in this section as the ``Secretaries'') shall 
establish a center to train individuals in prescribed fire methods and 
other methods relevant to the mitigation of wildfire risk (referred to 
in this section as the ``center'').
    (b) Location.--
            (1) In general.--The center shall be located in any State 
        the entirety of which is located west of the 100th meridian.
            (2) Consultation.--The Secretaries shall consult with the 
        Joint Fire Science Program to solicit and evaluate proposals 
        for the location of the center.
            (3) Selection.--Not later than 1 year after the date of 
        enactment of this Act, based on the consultation under 
        paragraph (2), the Secretaries shall select a location for the 
        center.

SEC. 403. RETROFITS FOR FIRE-RESILIENT COMMUNITIES.

    (a) Definition of Weatherization Materials.--Section 412(9) of the 
Energy Conservation and Production Act (42 U.S.C. 6862(9)) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) by redesignating subparagraph (J) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) materials that are resistant to high heat and 
                fire; and''.
    (b) Weatherization Program.--
            (1) In general.--Section 413(b)(5) of the Energy 
        Conservation and Production Act (42 U.S.C. 6863(b)(5)) is 
        amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) owners of such dwelling units shall use fire- 
                and drought-resistant building materials and 
                incorporate wildfire and drought prevention and 
                mitigation planning, as directed by the State.''.
            (2) Limitations.--Section 415(c) of the Energy Conservation 
        and Production Act (42 U.S.C. 6865(c)) is amended--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (A) 
                        through (E) as clauses (i) through (v), 
                        respectively, and indenting appropriately;
                            (ii) in the matter preceding clause (i) (as 
                        so redesignated), in the second sentence, by 
                        striking ``Labor'' and all that follows through 
                        ``to--'' and inserting the following:
                    ``(B) Labor and weatherization materials.--Labor, 
                weatherization materials, and related matter described 
                in subparagraph (A) includes--'';
                            (iii) by striking ``(c)(1) Except'' and 
                        inserting the following:
    ``(c) Financial Assistance.--
            ``(1) Average cost.--
                    ``(A) In general.--Except'';
                            (iv) in subparagraph (A) (as so 
                        designated)--
                                    (I) by striking ``exceed an average 
                                of $6,500'' and inserting the 
                                following: ``exceed--
                            ``(i) an average of $13,000 (adjusted 
                        annually for inflation)'';
                                    (II) in clause (i) (as so 
                                designated), by striking the period at 
                                the end and inserting ``; or''; and
                                    (III) by adding at the end the 
                                following:
                            ``(ii) another average amount that is 
                        greater than the amount described in clause 
                        (i), if the Secretary determines it necessary 
                        to waive or adjust the average amount 
                        established under that clause.''; and
                            (v) in subparagraph (B) (as so 
                        designated)--
                                    (I) in clause (iv) (as so 
                                redesignated), by striking ``, and'' 
                                and inserting ``; and''; and
                                    (II) in clause (v) (as so 
                                redesignated), by adding a period at 
                                the end; and
                    (B) in paragraph (4), by striking ``$3,000'' and 
                inserting ``$6,000 (adjusted annually for inflation)''.

SEC. 404. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.

    (a) Definitions.--In this section:
            (1) Critical facility.--
                    (A) In general.--The term ``critical facility'' 
                means a facility that provides services or may be 
                used--
                            (i) to save lives;
                            (ii) to protect property, public health, 
                        and public safety; or
                            (iii) to lessen or avert the threat of a 
                        catastrophe.
                    (B) Inclusions.--The term ``critical facility'' 
                includes--
                            (i) a hospital;
                            (ii) an outpatient clinic;
                            (iii) a nursing home;
                            (iv) a police station;
                            (v) an emergency operation center;
                            (vi) a jail or prison;
                            (vii) a fire station;
                            (viii) a facility in the communications 
                        sector, as determined by the Secretary;
                            (ix) a facility in the chemical sector, as 
                        determined by the Secretary;
                            (x) a school or other large building that 
                        may serve as a temporary gathering space;
                            (xi) a utility station, such as a water and 
                        wastewater station; and
                            (xii) any facility described in 
                        subparagraph (A) that is owned or operated by, 
                        or provides services to, an Indian tribe (as 
                        defined in section 4 of the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 5304)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Critical Infrastructure and Microgrid Program.--The Secretary 
shall use the funds made available under subsection (d)--
            (1) to improve the energy resilience and power needs of 
        critical facilities through the use of microgrids, renewable 
        energy, energy efficiency, and on-site storage; and
            (2) to improve the energy efficiency of critical facilities 
        by decreasing the size and cost of generators.
    (c) Use of Funds.--In carrying out subsection (b), the Secretary 
shall ensure that the funds made available under subsection (d) shall 
be used for, with respect to critical facilities--
            (1) provision of on-site back-up power with renewable and 
        low-carbon liquid fuels; and
            (2) installation, at the transmission and distribution 
        level, of interoperable technologies, advanced power flow 
        control, dynamic line rating, topology optimization, and 
        communications systems.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $100,000,000 to carry out this section, 
to remain available until expended.
                                 <all>