[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1719 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1719
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
May 18, 2023
Mr. Risch (for himself, Mr. Crapo, Mr. Daines, and Mr. Barrasso)
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 1780
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.''.
<all>