108 HR 3439 IH: Emergency Wildfire Act of 2023
U.S. House of Representatives
2023-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3439
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Panetta (for himself, Mr. Thompson of California, Mr. Costa, Ms. Lee of California, Mr. Garamendi, Mr. DeSaulnier, Mr. Carbajal, and Ms. Salinas) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, Energy and Commerce, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Emergency Wildfire Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Landscape-scale Forest Restoration
Sec. 101. Definitions.
Sec. 102. Purpose.
Sec. 103. Conservation finance agreements.
Sec. 104. Report evaluating implementation.
Title II—Increasing Community Resilience to Wildfire
Sec. 201. Critical infrastructure and microgrid program.
Sec. 202. Retrofits for fire-resilient communities.
Sec. 203. Wildfire detection, monitoring, and analysis equipment.
Title III—Research, Training, and Capacity Building
Sec. 301. Western prescribed fire centers.
Sec. 302. Innovative forest workforce development program.
Sec. 303. National community capacity and land stewardship grant program.
I

Landscape-scale Forest Restoration
101.

Definitions
In this title:
(1)

Conservation finance agreement
The term “conservation finance agreement” means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code) for a conservation finance project—
(A)
the term of which is not less than 2, and not more than 20, years;
(B)
that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds or receipt of collections; and
(C)
that may provide for a cancellation payment to be made to the conservation finance project developer if those appropriations are not made or collections are not received.
(2)

Conservation finance project
The term “conservation finance project” means a project—
(A)
conducted on National Forest System land and may include land adjoining National Forest System land;
(B)
that would—
(i)
protect, restore, or improve National Forest System land; and
(ii)
use a conservation finance model that employs a debt financing approach that uses loaned capital from a conservation finance project investor to cover up-front project costs, with the loaned capital repaid over time by conservation finance project beneficiaries; and
(C)
the purpose of which is to conduct ecological restoration treatments that, at the time of selection for a conservation finance agreement under the pilot program established under section 103(a)—
(i)
are conducted under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303);
(ii)
(I)
were previously conducted under the Program described in clause (i);
(II)
are no longer eligible for funding under that Program due to a time limitation under subsection (b)(1)(B) or (d)(4)(B) of that section; and
(III)
are otherwise eligible for funding under that Program;
(iii)
are conducted by a water source investment partnership established under section 303(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6542(c)); or
(iv)
are conducted under the Joint Chiefs Landscape Restoration Partnership Program established under section 40808 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592d).
(3)

Conservation finance project beneficiary
The term “conservation finance project beneficiary” means a nonprofit, for-profit, or Federal, State, local, or Tribal governmental entity or individual that—
(A)
benefits from conservation finance project outcomes; and
(B)
(i)
provides capital directly to fund a conservation finance project; or
(ii)
repays to a conservation finance project investor up-front loaned capital for a conservation finance project at a rate of return agreed to by the entity or individual and the conservation finance project investor.
(4)

Conservation finance project developer
The term “conservation finance project developer” means a nonprofit or for-profit intermediary that assists in developing, financing, funding, or implementing a conservation finance project.
(5)

Conservation finance project investor
The term “conservation finance project investor” means a nonprofit, for-profit, or State, local, or Tribal governmental entity or individual that provides up-front loaned capital for a conservation finance project.
(6)

Ecological integrity
The term “ecological integrity” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(7)

Low-income community
The term “low-income community” has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986.
(8)

Restoration
The term “restoration” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(9)

Secretary
The term “Secretary” means the Secretary of Agriculture.
(10)

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).
102.

Purpose
The purpose of this title is to increase the pace and scale of forest restoration and land management projects across the National Forest System by—
(1)
authorizing a pilot program with conservation finance agreement authority to leverage other Federal and non-Federal investment (in addition to funds appropriated to the Forest Service) in landscape-scale, multistakeholder land management activities and related natural and built infrastructure and associated local employment opportunities;
(2)
encouraging project planning and analysis that effectively scale up to the landscape level of 100,000 acres or more;
(3)
supporting projects that emphasize—
(A)
the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire managed for resource benefits, or both;
(B)
restoring terrestrial and aquatic areas that lack ecological integrity; or
(C)
reducing the risk of uncharacteristic wildfire and improving forest resiliency;
(4)
requiring ecological standards and collaboration for landscape-scale projects; and
(5)
coordinating with Federal, State, local, and Tribal entities to support the pilot program described in paragraph (1) by taking full advantage of existing interagency agreements and authorities.
103.

Conservation finance agreements
(a)

Pilot program authority
The Secretary shall establish a pilot program under which the Secretary may enter into a conservation finance agreement with a public or private person, including a for-profit or nonprofit organization, to carry out a conservation finance project if the Secretary finds each of the following:
(1)
There is a reasonable expectation that, throughout the contemplated agreement period, the Secretary will request funding for the agreement at the level required to avoid agreement cancellation.
(2)
The environmental analysis for the project demonstrates that there is a supply sufficient to support a conservation finance agreement of—
(A)
small-diameter material; or
(B)
other hazardous fuels, the removal of which would reduce the risk of uncharacteristic wildfire.
(3)
The use of the conservation finance agreement will assist in achieving the purpose described in section 102.
(4)
The project involves a conservation finance project developer.
(b)

Limited delegation
The Secretary may not delegate the pilot program authority under subsection (a) to a Federal official that serves under the Chief of the Forest Service.
(c)

Limitations
The pilot program authority under subsection (a)—
(1)
may not be used to enter into more than 20 conservation finance agreements;
(2)
may be used for the obligation under conservation finance agreements of—
(A)
during the 10-year period beginning on the date of enactment of this Act, not more than $250,000,000 in the aggregate; and
(B)
not more than $50,000,000 for any 1 conservation finance agreement; and
(3)
may not be used to reimburse for interest paid to any other entity providing funds for the applicable conservation finance project.
(d)

Priority
In entering into conservation finance agreements under subsection (a), the Secretary shall give priority to projects described in that subsection that are based on restoration strategies addressing larger landscapes, particularly landscapes of 100,000 acres or more.
(e)

Cancellation, termination, or modification for insufficient funding
(1)

In general
(A)

Insufficient funding
If funds are not made available for the continuation of a conservation finance agreement made under this section into a subsequent fiscal year, the agreement shall be canceled, terminated, or modified.
(B)

Payment of costs
If the Secretary determines that it is necessary to cancel or terminate a conservation finance agreement pursuant to subparagraph (A), and the conservation finance agreement includes a cancellation or termination provision as described in paragraph (2)(A), the Secretary may pay the costs of that cancellation or termination using any of the following amounts:
(i)
Appropriations originally available for the performance of the applicable conservation finance agreement.
(ii)
Appropriations currently available for the type of services concerned under the applicable conservation finance agreement, and not otherwise obligated.
(iii)
Funds appropriated for payment of the costs of cancellation or termination.
(2)

Provisions in agreements
(A)

In general
The Secretary may include cancellation or termination provisions in conservation finance agreements under this section to the extent that those provisions are necessary and in the best interests of the United States.
(B)

Considerations
The cancellation or termination provisions described in subparagraph (A) may include consideration of the recurring and nonrecurring costs of the conservation finance project developer under the applicable conservation finance agreement.
(3)

Cancellation and termination costs
(A)

In general
The Secretary may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs related to the Federal share of the costs under a conservation finance agreement under paragraph (1)(B) and implement the agreement pursuant to this section.
(B)

Advance notice to congress of cancellation or termination costs in excess of $25,000,000
Not later than 30 days before entering into a conservation finance agreement under this section that includes cancellation or termination costs in excess of $25,000,000, but does not include proposed funding for the costs of cancelling or terminating the agreement up to the maximum cancellation or termination costs in the agreement, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes—
(i)
a description of the cancellation or termination cost amounts proposed for each program year in the agreement;
(ii)
the reasons why the cancellation or termination cost amounts described under clause (i) were selected;
(iii)
a description of the extent to which the costs of agreement cancellation or termination are not included in the budget for the agreement; and
(iv)
an assessment of the financial risk of not including budgeting for the costs of agreement cancellation or termination.
(C)

Transmittal of notice to omb
Not later than 14 days after the date on which written notice is provided under subparagraph (B), the Secretary shall transmit a copy of the notice to the Director of the Office of Management and Budget.
(D)

Determination of cancellation or termination costs specific to a conservation finance agreement
The Secretary may enter into a conservation finance agreement pursuant to this section that includes conservation finance project developer services in return for payments by the Secretary in future years that are contingent on the appropriation of funds, subject to the requirement that the Secretary shall pay the conservation finance project developer the Federal share of the cancellation or termination costs under the agreement pursuant to paragraph (1)(B) up to the limitation on cancellation or termination costs applicable to the agreement if funding for the completion of the agreement is not appropriated.
(f)

Non-Federal cost share
(1)

In general
The non-Federal share of the costs of implementing a conservation finance agreement carried out using amounts made available under this title shall be not less than 40 percent of the costs of implementing the conservation finance agreement, of which, subject to paragraph (2)—
(A)
up to 50 percent may be reimbursed by the Forest Service, subject to the availability of appropriations and subsections (c)(3) and (e); and
(B)
not less than 50 percent shall be covered by non-Federal funding, which may include in-kind contributions.
(2)

Cost share for low-income communities
In the case of a conservation finance project that the Secretary determines would primarily benefit 1 or more low-income communities and for which the non-Federal entities involved cannot meet the cost share requirement under paragraph (1)—
(A)
subparagraph (A) of that paragraph shall be applied by substituting “75 percent” for “50 percent”; and
(B)
subparagraph (B) of that paragraph shall be applied by substituting “25 percent” for “50 percent”.
(3)

Savings provision
Nothing in this subsection limits additional non-Federal financing or funding for a conservation finance project above the 40 percent minimum non-Federal cost share described in paragraph (1).
(g)

Stewardship end result contracting project authorities
A conservation finance agreement developed under this section may incorporate the authorities provided to the Secretary and the Chief of the Forest Service to enter into stewardship contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).
104.

Report evaluating implementation
Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this title, including—
(1)
a list of conservation finance agreements entered into under this title and the accomplishments under the projects carried out under those agreements; and
(2)
an evaluation of the pilot authority for conservation finance agreements described in section 103, including whether that authority has—
(A)
increased the availability of non-Federal funding sources to assist in landscape-scale forest restoration projects;
(B)
promoted private or other non-Federal investment in—
(i)
new or existing infrastructure and related equipment that can make use of the byproducts of forest restoration;
(ii)
the use of prescribed fire at a greater scale;
(iii)
related economic development and workforce training and development;
(iv)
land management activities enhancing natural infrastructure with benefits for downstream water users; or
(v)
mitigating the risk of uncharacteristic wildfire; and
(C)
any barriers limiting the broader use or implementation of the pilot project authority to additional projects, including risks that may discourage further participation and investment by outside parties.
II

Increasing Community Resilience to Wildfire
201.

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 station, wastewater station, community water system, or irrigation works;
(xii)
a 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));
(xiii)
a Federal facility, including a military base or installation; and
(xiv)
any other facility described in subparagraph (A), as determined by the Secretary.
(2)

Secretary
The term “Secretary” means the Secretary of Energy.
(b)

Critical infrastructure and microgrid program
(1)

In general
The Secretary shall establish a program—
(A)
to improve the energy resilience and power needs of critical facilities through the development and use of microgrids, renewable energy, energy efficiency, reduced electricity demand, and on-site storage;
(B)
to improve the energy efficiency of critical facilities by decreasing the size and cost of generators;
(C)
to provide technical assistance and facilitate the distribution and sharing of information to develop more resilient electricity systems (including bulk systems and localized systems); and
(D)
to promulgate consumer-facing information and resources to inform the public on best practices and resources related to increasing resilience of electricity systems and reducing the impacts of extreme weather events on electricity systems.
(2)

Requirements
In carrying out the program established under paragraph (1), the Secretary shall ensure, with respect to critical facilities—
(A)
provision of on-site back-up power with renewable resources, low-carbon liquid fuels, and on-site energy storage technologies; and
(B)
installation, at the transmission and distribution level, of interoperable technologies, advanced power flow control, dynamic line rating, topology optimization, and communications systems.
(3)

Interested party input
In establishing the program under paragraph (1), the Secretary shall seek the input of State energy regulators, electric utilities (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)), regional transmission organizations and independent system operators, electric utility customers and ratepayer organizations, local governments, community choice aggregators or regional energy collaboratives, and other interested parties.
(c)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to the Secretary $100,000,000 to carry out this section, to remain available until expended.
(2)

Administrative costs
Of the amount used to carry out this section, not more than 10 percent shall be used for salaries and expenses, administrative management, and oversight of the program established under subsection (b)(1).
202.

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)(6) of the Energy Conservation and Production Act (42 U.S.C. 6863(b)(6)) 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, including mass timber, 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)”.
203.

Wildfire detection, monitoring, and analysis 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:
“607.

Wildfire detection, monitoring, and analysis 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 and remote sensing data and mobile technologies to assist wildfire response, management, and firefighter safety through improved situational awareness;
(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;
(4)
review permitting described in paragraph (3) and procurement requirements for wildfire detection equipment within the context of modern and innovative technology;
(5)
pursuant to the OPEN Government Data Act (title II of Public Law 115–435; 132 Stat. 5534), the amendments made by that Act, and any guidance issued by the Director of the Office of Management and Budget under that Act or those amendments, support the disclosure to the public of nonconfidential data assets the disclosure of which does not pose security risks to the public so that wildland fire data is discoverable, understandable, and actionable; and
(6)
utilize new and existing technologies to analyze performance measurements and suppression effectiveness of wildland fire incidents.”.
(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, monitoring, and analysis equipment.”.
III

Research, Training, and Capacity Building
301.

Western prescribed fire centers
(a)

In general
The Secretary of Agriculture and the Secretary of the Interior (referred to in this section as the “Secretaries”) shall establish 1 or more centers to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk (referred to in this section as a “center”).
(b)

Host institutions
The 1 or more centers shall be—
(1)
located at 1 or more institutions of higher education; or
(2)
developed in collaboration with 1 or more institutions of higher education.
(c)

Goals
The 1 or more centers shall advance the following goals:
(1)
Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk.
(2)
Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire, in consultation with stakeholders who—
(A)
need that science;
(B)
will benefit from the outcomes of that science; and
(C)
will coordinate with 1 or more other centers in developing and advancing that science.
(3)
Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas:
(A)
Increasing disaster resilience.
(B)
Mitigation and management methods.
(C)
Air quality.
(D)
Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research.
(4)
Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related agencies.
(5)
Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk.
(6)
Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research.
(7)
Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services.
(8)
Developing open digital infrastructure to make research data, science, and models open for all sectors to use.
(9)
Understanding the effectiveness of historical and current wildfire management and suppression strategies, including on wildfires that start in wilderness areas, wilderness study areas, or inventoried roadless areas.
(d)

Location
(1)

In general
The 1 or more centers 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 1 or more centers.
(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 1 or more centers.
302.

Innovative forest workforce development program
(a)

Definitions
In this section:
(1)

Career in forestry and fire management
The term “career in forestry and fire management” means a career in a field relating to forests and the restoration to the natural fire regimes of forests, 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 as part of a fire restoration workforce that is capable of conducting large landscape restorative and maintenance 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)

Forestry and fire management
The term “forestry and fire management” includes the areas of fields relating to forests 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 forestry and fire management and opportunities for careers in forestry and fire management; and
(2)
to expand public awareness about forestry and fire management and connect individuals to careers in forestry and fire management.
(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 forestry and fire management;
(B)
working in cooperation with forestry and fire management; 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 forestry and fire management.
(d)

Use of funds
Grants awarded under subsection (b) may be used for activities such as—
(1)
targeted internships, apprenticeships, pre-apprenticeships, and post-secondary bridge programs for skilled forestry and fire management trades that provide—
(A)
on-the-job training;
(B)
skills development;
(C)
test preparation for skilled trade apprenticeships;
(D)
advance training in forestry and fire management 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 forestry and fire management 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 forestry and fire management;
(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.
303.

National community capacity and land stewardship grant program
(a)

Definitions
In this section:
(1)

Community capacity
The term “community capacity” means the ability of an eligible entity to carry out or assist in a land stewardship activity.
(2)

Disadvantaged community
The term “disadvantaged community” means—
(A)
a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986); and
(B)
a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color.
(3)

Eligible entity
The term “eligible entity” means any the following entities that is located in or represents a disadvantaged community:
(A)
An organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
(B)
A collaborative group fiscally sponsored by an organization described in subparagraph (A).
(C)
A unit of local government.
(D)
An Indian Tribe.
(E)
A special district government, as defined by the Director of the Bureau of the Census.
(4)

Ecological integrity
The term “ecological integrity” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(5)

Indian tribe
The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(6)

Land stewardship activity
The term “land stewardship activity” means any of the following activities, as applied to a qualifying project:
(A)
Planning.
(B)
Collaboration and building community support.
(C)
Implementation on land other than National Forest System land.
(D)
Monitoring, including multiparty monitoring, and adaptive management.
(7)

Qualifying project
The term “qualifying project” means any of the following activities that takes place at least in substantial part on National Forest System land or national grasslands:
(A)
Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat.
(B)
Tribal management for aligned cultural and ecological values.
(C)
Enhancing community wildfire resilience in the wildland-urban interface.
(D)
Increasing equitable access to environmental education and volunteerism opportunities.
(8)

Restoration
The term “restoration” has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(9)

Secretary
The term “Secretary” means the Secretary of Agriculture, acting through—
(A)
the regional offices of the State and Private Forestry Deputy Area of the Forest Service; and
(B)
as appropriate, regional offices of other Deputy Areas of the Forest Service.
(b)

Purpose
The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on—
(1)
National Forest System land;
(2)
national grasslands; and
(3)
adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2).
(c)

Administration
(1)

In general
The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d).
(2)

Federal cost-share
(A)

In general
The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1).
(B)

Matching eligibility
A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding.
(3)

Duration
The Secretary may issue a grant under paragraph (1) for a period of 1 or more years.
(4)

Maximum grant amount
The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year.
(5)

Applicable laws
The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws.
(d)

Criteria for awarding grants
(1)

In general
Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria:
(A)
The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term.
(B)
The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities.
(C)
The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity.
(D)
The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands.
(E)
The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities.
(F)
The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes.
(2)

Set-aside for indian tribes
The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes.
(e)

Annual reviews
(1)

In general
The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to each regional office of the State and Private Forestry Deputy Area of the Forest Service on the extent to which the implementation of this section by the regional office is fulfilling the purpose described in subsection (b).
(2)

Inclusions
The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including—
(A)
not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and
(B)
not fewer than 2 members representing not fewer than 2 Indian Tribes.
(3)

Exemption
The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
(f)

Report evaluating program implementation
(1)

In general
Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including—
(A)
a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and
(B)
an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b).
(2)

Consultation; contracting
In preparing the report under paragraph (1), the Secretary—
(A)
shall consult with the advisory panel established under subsection (e)(1); and
(B)
may contract with a third party to complete an evaluation of the implementation of this section to inform the report.
(g)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2024 through 2028.
(2)

Distribution
The Secretary shall distribute amounts made available under paragraph (1) to the regional offices of the State and Private Forestry Deputy Area and, as appropriate, regional offices of other Deputy Areas, of the Forest Service to administer the grants under this section.
(3)

Administrative costs
Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight.