[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2436 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2436

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

   Mr. Risch (for himself, Mr. Barrasso, Mr. Daines, and Mr. Crapo) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. EMERGENCY FIRESHED MANAGEMENT.

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

``SEC. 607. EMERGENCY FIRESHED MANAGEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Collaborative process.--The term `collaborative 
        process' means a process relating to the management of National 
        Forest System land or public land by which a project or forest 
        management activity is developed and implemented by the 
        Secretary through collaboration with interested persons, as 
        described in section 603(b)(1)(C).
            ``(2) Fireshed.--The term `fireshed' means a landscape-
        scale area that faces a similar wildfire threat where a 
        response strategy could influence the wildfire outcome.
            ``(3) Forest plan.--The term `forest plan' means--
                    ``(A) a land use plan prepared by the Secretary of 
                the Interior, acting through the Director of the Bureau 
                of Land Management, for public land under section 202 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1712); or
                    ``(B) a land and resource management plan prepared 
                by the Secretary of Agriculture, acting through the 
                Chief of the Forest Service, for a unit of the National 
                Forest System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            ``(4) Hazardous fuels management.--The term `hazardous 
        fuels management' means any vegetation management activity that 
        reduces the risk of wildfire, including mechanical treatments 
        and livestock grazing.
            ``(5) National forest system.--The term `National Forest 
        System' means national forest lands reserved or withdrawn from 
        the public domain of the United States described in section 
        11(a) of the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1609(a)).
            ``(6) Public land.--
                    ``(A) In general.--The term `public land' has the 
                meaning given the term `public lands' in section 103 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702).
                    ``(B) Inclusions.--The term `public land' includes 
                Coos Bay Wagon Road Grant land and Oregon and 
                California Railroad Grant land.
            ``(7) Resource advisory committee.--The term `resource 
        advisory committee' has the meaning given the term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            ``(8) Secretary.--The term `Secretary' means--
                    ``(A) the Secretary of the Interior, with respect 
                to public land; and
                    ``(B) the Secretary of Agriculture, with respect to 
                National Forest System land.
            ``(9) Section 101 terms.--The terms `at-risk community', 
        `community wildfire protection plan', and `wildland-urban 
        interface' have the meanings given those terms in section 101.
    ``(b) Establishment of Fireshed Management Areas.--
            ``(1) In general.--
                    ``(A) Joint agreements.--Not later than 90 days 
                after receiving a request from a Governor of a State, 
                the Secretary shall enter into an agreement with that 
                Governor to jointly--
                            ``(i) designate 1 or more fireshed 
                        management areas within that State; and
                            ``(ii) conduct fireshed management projects 
                        in accordance with subsection (d) in those 
                        fireshed management areas.
                    ``(B) Additional fireshed management areas.--With 
                respect to an agreement with a Governor of a State 
                under subparagraph (A), the Secretary, if requested by 
                that Governor, may--
                            ``(i) designate additional fireshed 
                        management areas under that agreement; and
                            ``(ii) update that agreement to address new 
                        wildfire threats.
                    ``(C) Shared stewardship.--A previously signed 
                stewardship agreement between a Governor of a State and 
                the Secretary (or an update or successor agreement to 
                such a stewardship agreement) may be treated as an 
                agreement under subparagraph (A) if that Governor 
                approves that treatment.
            ``(2) Designation of fireshed management areas.--
                    ``(A) In general.--A fireshed management area 
                designated under an agreement under paragraph (1)--
                            ``(i) shall be--
                                    ``(I) a landscape-scale area; and
                                    ``(II) identified on the date of 
                                that designation as a fireshed ranked 
                                in the top 10 percent of wildfire 
                                exposure, as determined by the most 
                                recently published models of fireshed 
                                risk exposure published by the 
                                Secretary of Agriculture, acting 
                                through the Chief of the Forest 
                                Service;
                            ``(ii) may not overlap with any other 
                        fireshed management area; and
                            ``(iii) may contain Federal and non-Federal 
                        land.
                    ``(B) Applicability of nepa.--The designation of a 
                fireshed management area under an agreement under 
                paragraph (1) shall not be subject to the requirements 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    ``(c) Stewardship and Fireshed Assessments.--
            ``(1) In general.--Not later than 90 days after entering 
        into an agreement with a Governor of a State under subsection 
        (b)(1), the Secretary and that Governor shall, with respect to 
        the fireshed management areas designated under that agreement, 
        jointly conduct a stewardship and fireshed assessment that--
                    ``(A) identifies--
                            ``(i) using the best available data, 
                        wildfire exposure risks within each of those 
                        fireshed management areas, including scenario 
                        planning and wildfire hazard mapping and 
                        models; and
                            ``(ii) each at-risk community within each 
                        fireshed management area;
                    ``(B) identifies potential fireshed management 
                projects to be carried out in those fireshed management 
                areas, giving priority--
                            ``(i) primarily, to projects with the 
                        purpose of reducing threats to public health 
                        and safety from catastrophic wildfire; and
                            ``(ii) secondarily, to projects with the 
                        purpose of--
                                    ``(I) protecting critical 
                                infrastructure;
                                    ``(II) protecting wildlife 
                                habitats;
                                    ``(III) protecting watersheds or 
                                improving water yield; or
                                    ``(IV) any combination of purposes 
                                described in subclauses (I) through 
                                (III);
                    ``(C) includes--
                            ``(i) a strategy for reducing the threat of 
                        wildfire to at-risk communities in the 
                        wildland-urban interface;
                            ``(ii) recommended fireshed management 
                        project size limitations based on the best 
                        available data;
                            ``(iii) a timeline for the implementation 
                        of fireshed management projects; and
                            ``(iv) long-term benchmark goals for the 
                        completion of fireshed management projects in 
                        the highest wildfire exposure areas; and
                    ``(D) shall be regularly updated based on the best 
                available data, as determined by the Secretary.
            ``(2) Information improvement.--
                    ``(A) Memoranda of understanding.--In carrying out 
                a stewardship and fireshed assessment under this 
                subsection, the Secretary may enter into memoranda of 
                understanding with other Federal agencies or 
                departments, States, private entities, or research or 
                educational institutions to improve, with respect to 
                that assessment, the use and integration of--
                            ``(i) advanced remote sensing and 
                        geospatial technologies;
                            ``(ii) statistical modeling and analysis; 
                        or
                            ``(iii) any other technology the Secretary 
                        determines will benefit the quality of 
                        information of that assessment.
                    ``(B) State information.--To the maximum extent 
                practicable, the Secretary shall incorporate data from 
                State forest action plans, State wildfire risk 
                assessments, and other State sources in conducting an 
                assessment under paragraph (1).
    ``(d) Fireshed Management Projects.--
            ``(1) In general.--The Secretary shall carry out fireshed 
        management projects in fireshed management areas designated 
        under an agreement under subsection (b)(1) in accordance with 
        the timeline and project size limitations included in the 
        stewardship and fireshed assessment relating to those areas 
        under subsection (c)(1)(C).
            ``(2) Requirements.--A fireshed management project shall--
                    ``(A) be carried out--
                            ``(i) in accordance with paragraph (3);
                            ``(ii) in accordance with the applicable 
                        forest plan; and
                            ``(iii) in a manner that maximizes the 
                        retention of old-growth and large trees, to the 
                        extent that the trees promote stands that are 
                        resilient to wildfire; and
                    ``(B) be--
                            ``(i) developed through a collaborative 
                        process;
                            ``(ii) proposed by a resource advisory 
                        committee;
                            ``(iii) covered by a community wildfire 
                        protection plan; or
                            ``(iv) proposed by a resource advisory 
                        council described in subpart 1784 of part 1700 
                        of title 43, Code of Federal Regulations (or 
                        successor regulations).
            ``(3) Authorized activities.--A fireshed management project 
        shall have the primary purpose of--
                    ``(A) creating fuel breaks and fire breaks;
                    ``(B) conducting hazardous fuels management;
                    ``(C) conducting prescribed burns;
                    ``(D) removing dead trees or dying trees; or
                    ``(E) carrying out any combination of the 
                activities described in subparagraphs (A) through (D).
            ``(4) Categorical exclusion for fireshed management 
        projects.--Fireshed management projects under this subsection 
        shall be--
                    ``(A) considered an action categorically excluded 
                from the preparation of an environmental assessment or 
                an environmental impact statement under section 102 of 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4332); and
                    ``(B) exempt from the special administrative review 
                process under section 105.
            ``(5) Exclusions.--A fireshed management project may not be 
        carried out on land--
                    ``(A) that is included in the National Wilderness 
                Preservation System;
                    ``(B) that is located within a national or State-
                specific inventoried roadless area established by the 
                Secretary of Agriculture through regulation, unless--
                            ``(i) the forest management activity to be 
                        carried out under that authority is consistent 
                        with the forest plan applicable to the area; or
                            ``(ii) the activity is allowed under the 
                        applicable roadless area conservation rule 
                        governing that land, including--
                                    ``(I) the Idaho roadless area 
                                conservation rule under subpart C of 
                                part 294 of title 36, Code of Federal 
                                Regulations;
                                    ``(II) the Colorado roadless area 
                                conservation rule under subpart D of 
                                part 294 of title 36, Code of Federal 
                                Regulations; or
                                    ``(III) any other roadless area 
                                conservation rule developed after the 
                                date of enactment of this section by 
                                the Secretary with respect to a 
                                specific State; or
                    ``(C) on which timber harvesting for any purpose is 
                prohibited by Federal statute.
            ``(6) Effect relating to certain roadless area conservation 
        rules.--Nothing in this section affects the roadless area 
        conservation rules described in subclauses (I) and (II) of 
        paragraph (5)(B)(ii).
            ``(7) Use of other authorities.--To the maximum extent 
        practicable, the Secretary shall use existing statutory and 
        administrative authorities, including a good neighbor agreement 
        entered into under section 8206 of the Agricultural Act of 2014 
        (16 U.S.C. 2113a), to carry out each fireshed management 
        project.
    ``(e) Judicial Review.--Section 106 shall apply to a fireshed 
management project conducted under this section in the same manner as 
that section applies to an authorized hazardous fuel reduction project 
conducted under title I, except that no restraining order, preliminary 
injunction, or injunction pending appeal shall be issued by any court 
of the United States with respect to any decision to prepare or conduct 
a fireshed management project under this section in the wildland-urban 
interface.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of this section, and annually thereafter, the Secretary shall submit to 
Congress a report evaluating the progress and implementation of 
fireshed management projects under this section.''.
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