[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2867 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2867

 To address the forest health crisis on the National Forest System and 
                 public lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2023

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

_______________________________________________________________________

                                 A BILL


 
 To address the forest health crisis on the National Forest System and 
                 public lands, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Promoting 
Effective Forest Management Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--ACCOMPLISHMENTS OVER RHETORIC

Sec. 101. Thinning targets.
Sec. 102. Annual reports.
Sec. 103. Transparency in fire mitigation reporting.
Sec. 104. Regional forest carbon accounting.
Sec. 105. Targets for wildlife habitat improvement.
                      TITLE II--FOREST MANAGEMENT

Sec. 201. Land and resource management plans.
Sec. 202. Management of old growth and mature forests.
Sec. 203. Assessment of processed-based restoration techniques.
Sec. 204. Intervenor status.
Sec. 205. Utilizing grazing for wildfire prevention.
                          TITLE III--WORKFORCE

Sec. 301. Logging workforce.
Sec. 302. Break-in-service consideration for firefighter retirements.
Sec. 303. Firefighter rental housing.
                 TITLE IV--CULTURAL CHANGE IN AGENCIES

Sec. 401. Mandatory use of existing authorities.
Sec. 402. Curtailing employee relocations.
Sec. 403. Repeal of FLAME reports.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National forest system.--
                    (A) In general.--The term ``National Forest 
                System'' has the meaning given the term in section 
                11(a) of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1609(a)).
                    (B) Exclusions.--The term ``National Forest 
                System'' does not include--
                            (i) any forest reserve not created from the 
                        public domain; or
                            (ii) any national grassland or land 
                        utilization project administered under title 
                        III of the Bankhead-Jones Farm Tenant Act (7 
                        U.S.C. 1010 et seq.).
            (2) Public lands.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``public lands'' has the meaning given 
                the term in section 103 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1702).
                    (B) Exclusion.--The term ``public lands'' does not 
                include land governed by the Act of August 28, 1937 (50 
                Stat. 874, chapter 876; 43 U.S.C. 2601 et seq.).
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, acting through 
                the Director of the Bureau of Land Management, with 
                respect to public lands.

                 TITLE I--ACCOMPLISHMENTS OVER RHETORIC

SEC. 101. THINNING TARGETS.

    (a) Baseline.--For the National Forest System and for public lands, 
the Secretary concerned shall determine--
            (1) for each of fiscal years 2017 through 2021, the number 
        of acres mechanically thinned, for acres commercially thinned 
        and for acres pre-commercially thinned; and
            (2) the average of the numbers described in paragraph (1) 
        over the period of fiscal years 2017 through 2021.
    (b) Annual Targets.--
            (1) In general.--The Secretary concerned shall establish 
        annual mechanical thinning targets for acres commercially 
        thinned and for acres pre-commercially thinned for fiscal year 
        2024, and annually thereafter, for the National Forest System 
        and for public lands.
            (2) Requirements.--
                    (A) Fiscal years 2024 and 2025.--For each of fiscal 
                years 2024 and 2025, the annual mechanical thinning 
                targets established under paragraph (1) shall be not 
                less than the number of acres described in subsection 
                (a)(2).
                    (B) Fiscal years 2026 and 2027.--For each of fiscal 
                years 2026 and 2027, the annual mechanical thinning 
                targets established under paragraph (1) shall be not 
                less than twice the number of acres described in 
                subsection (a)(2).
                    (C) Fiscal year 2028.--For fiscal year 2028 and 
                each fiscal year thereafter, the annual mechanical 
                thinning targets established under paragraph (1) shall 
                be not less than 4 times the number of acres described 
                in subsection (a)(2).
    (c) Regional Assignments.--Not later than 90 days after the date of 
enactment of this Act, and annually thereafter, the Secretary concerned 
shall assign annual acreage targets for mechanical thinning on National 
Forest System land and public lands, categorized by National Forest 
System region or by State, as appropriate.
    (d) Publication.--The Secretary concerned shall make publicly 
available the data described in subsections (a), (b), and (c), 
including by publishing that data on the website of the Forest Service 
and the website of the Bureau of Land Management.

SEC. 102. ANNUAL REPORTS.

    Not later than January 1, 2024, and annually thereafter, the 
Secretary concerned shall publish on the website of the Forest Service 
and the website of the Bureau of Land Management the following 
information with respect to the National Forest System or public lands 
during the preceding fiscal year:
            (1) The number of acres treated to meet the requirement 
        described in section 40803(b) of the Infrastructure Investment 
        and Jobs Act (16 U.S.C. 6592(b)).
            (2)(A) The number of acres mechanically thinned; and
            (B) whether the number of acres described in subparagraph 
        (A) met or exceeded the requirements described in section 
        101(b)(2).
            (3) Any limitations or challenges, including litigation or 
        permitting delays, that hindered the Secretary concerned from 
        meeting or exceeding the annual target established under 
        section 101(b)(1), if applicable.
            (4) The number of acres that have undergone a regeneration 
        harvest.
            (5) The number of acres described in paragraphs (2)(A) and 
        (4) that are in an area identified as having--
                    (A) the expectation that, without remediation, at 
                least 25 percent of standing live basal area greater 
                than 1 inch in diameter may die over a 15-year time 
                frame due to insects and diseases, as depicted on the 
                National Insect and Disease Composite Risk Map; or
                    (B) a very high or high wildfire hazard potential.
            (6) The number of acres described in paragraphs (2)(A) and 
        (4) that use either of the following streamlined authorities 
        for environmental review:
                    (A) A categorical exclusion.
                    (B) An emergency determination of the Secretary 
                concerned.
            (7) The number of acres described in paragraphs (2)(A) and 
        (4) that use partners to carry out the work through--
                    (A) a good neighbor agreement;
                    (B) a master stewardship agreement;
                    (C) a contract or agreement entered into under the 
                Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); 
                or
                    (D) a stewardship end-result contract.

SEC. 103. TRANSPARENCY IN FIRE MITIGATION REPORTING.

    (a) Exclusion From Annual Budget and Performance Reports.--
            (1) In general.--The Secretary concerned shall not include 
        in any appropriations request submitted to the President for 
        purposes of preparing the budget of the United States 
        Government under section 1105 of title 31, United States Code, 
        or any annual performance report submitted to Congress any 
        output measures for acres of land on which hazardous fuels 
        treatments were conducted if the land needs to be treated more 
        than once--
                    (A) to meet the requirement described in section 
                40803(b) of the Infrastructure Investment and Jobs Act 
                (16 U.S.C. 6592(b)); or
                    (B) to effectively mitigate wildfire risk.
            (2) Annual budget.--The President shall not include in the 
        budget of the United States Government submitted to Congress 
        under section 1105 of title 31, United States Code, any output 
        measures described in paragraph (1).
            (3) Inclusions.--Output measures described in paragraph (1) 
        include--
                    (A) acres of hazardous fuels reduction on National 
                Forest System land and adjacent areas to mitigate 
                wildfire risk; and
                    (B) annual acreage treated to reduce or maintain 
                fuel conditions on National Forest System land and non-
                Federal land.
    (b) Inclusion in Annual Budget and Performance Reports.--
            (1) In general.--The Secretary concerned shall include in 
        an appropriations request submitted to the President for 
        purposes of preparing the budget of the United States 
        Government under section 1105 of title 31, United States Code, 
        and an annual performance report submitted to Congress--
                    (A) the number of acres of land meeting the 
                requirement described in section 40803(b) of the 
                Infrastructure Investment and Jobs Act (16 U.S.C. 
                6592(b)); and
                    (B) the annual acreage of National Forest System 
                land where final treatment effectively mitigates 
                wildfire risk.
            (2) Annual budget.--The President shall include in the 
        budget of the United States Government submitted to Congress 
        under section 1105 of title 31, United States Code, the 
        information described in paragraph (1).

SEC. 104. REGIONAL FOREST CARBON ACCOUNTING.

    Not later than January 1, 2025, and every 3 years thereafter, the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall--
            (1) using data from the forest inventory and analysis 
        program, determine the net forest carbon balance on the land in 
        the National Forest System of each Forest Service region, 
        including whether the National Forest System land is--
                    (A) a carbon source; or
                    (B) a carbon sink; and
            (2) publish the information described in paragraph (1) on 
        the website of the Forest Service.

SEC. 105. TARGETS FOR WILDLIFE HABITAT IMPROVEMENT.

    (a) In General.--To improve wildlife habitat function on National 
Forest System land and public lands, not later than 18 months after the 
date of enactment of this Act, the Secretary concerned shall--
            (1) evaluate the extent to which the specific management 
        goals and objectives relating to wildlife habitat in existing 
        land management plans or resource management plans, as 
        applicable, have been met through implementation of the 
        applicable land management plan or resource management plan; 
        and
            (2) establish and implement a strategy, including 
        establishing annual targets, to meet the specific management 
        goals and objectives described in paragraph (1).
    (b) Reporting.--Beginning in fiscal year 2025, the Secretary 
concerned shall annually--
            (1) establish targets associated with the strategy 
        developed under subsection (a)(2); and
            (2) submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives a report on the implementation of the 
        strategy developed under subsection (a)(2).

                      TITLE II--FOREST MANAGEMENT

SEC. 201. LAND AND RESOURCE MANAGEMENT PLANS.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives an 
assessment of the time period that would be required for the Secretary 
of Agriculture, acting through the Chief of the Forest Service, to 
address the backlog of land and resource management plans that are 
noncompliant with section 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)), and 
to come into compliance with that section, if the land and resource 
management plans for the units of the National Forest System were 
developed and revised in a manner consistent with the shorter length 
and development timelines of the land management plans for the units of 
the National Park System.

SEC. 202. MANAGEMENT OF OLD GROWTH AND MATURE FORESTS.

    (a) Definition of Old Growth.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary concerned shall adhere to the definitions of ``old 
        growth forest'' contained in the regulations of the Secretary 
        concerned (as in effect on January 1, 2022).
            (2) Updates.--If the Secretary concerned determines that a 
        definition of ``old growth forest'' contained in a regulation 
        of the Secretary concerned needs to be revised, the Secretary 
        concerned--
                    (A) shall appoint a committee of scientists who are 
                not officers or employees of the Forest Service or the 
                Bureau of Land Management and have a background in 
                forestry and stand dynamics (referred to in this 
                paragraph as the ``committee of scientists'');
                    (B) shall direct the committee of scientists to 
                provide scientific and technical advice and counsel on 
                definitions of ``old growth forest'';
                    (C) shall review the recommendations of the 
                committee of scientists;
                    (D) shall publish the recommendations of the 
                committee of scientists for public comment; and
                    (E) may adopt the recommendations of the committee 
                of scientists and revise the definition in a manner 
                consistent with subchapter II of chapter 5, and chapter 
                7, of title 5, United States Code (commonly known as 
                the ``Administrative Procedure Act'').
    (b) Management of Mature Trees.--
            (1) Definition of mature forest.--
                    (A) In general.--Consistent with section 6(m)(1) of 
                the Forest and Rangeland Renewable Resources Planning 
                Act of 1974 (16 U.S.C. 1604(m)(1)), with respect to 
                National Forest System land and public lands, the 
                Secretary concerned shall define the term ``mature 
                forest'' as a forest that has reached the 
                merchantability standard described in subparagraph (B).
                    (B) Merchantability standard.--The merchantability 
                standard referred to in subparagraph (A) is when a 
                forest has generally reached the culmination of mean 
                annual increment of growth.
            (2) Management.--Except as provided in section 6(m) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604(m)), on National Forest System land and public 
        lands, the Secretary concerned shall only carry out 
        regeneration harvests in mature forests (as defined by the 
        Secretary concerned under paragraph (1)).
    (c) Savings Clause.--Any inventory of forests adopted through 
executive branch action shall not modify, amend, or otherwise change 
the duties of the Secretary concerned to manage unreserved forests in 
accordance with, as applicable--
            (1) the Act of June 4, 1897 (commonly known as the 
        ``Organic Administration Act'') (30 Stat. 34, chapter 2);
            (2) the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 
        528 et seq.);
            (3) the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1600 et seq.);
            (4) section 14 of the National Forest Management Act of 
        1976 (16 U.S.C. 472a); and
            (5) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).

SEC. 203. ASSESSMENT OF PROCESSED-BASED RESTORATION TECHNIQUES.

    (a) Wetland and Riparian Restoration Pilot Program.--
            (1) In general.--The Secretary of the Interior, acting 
        through the Director of the United States Geological Survey, 
        and the Secretary of Agriculture, acting through the Chief of 
        the Forest Service (referred to in this subsection as the 
        ``Secretaries''), shall jointly establish a pilot program to 
        conduct research on and evaluate wetland and riparian 
        restoration techniques.
            (2) Assessments.--In carrying out this subsection, the 
        Secretaries shall--
                    (A) assess the benefits, including to downstream 
                infrastructure, water storage, and resilience to 
                natural hazards, of process-based river and wetland 
                restoration techniques when carried out at larger 
                scales; and
                    (B) make available to the public the results of the 
                assessment described in subparagraph (A).
    (b) Experimental Forests Pilot Project.--The Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
carry out a pilot project on the experimental forests and ranges 
managed by the Forest Service to evaluate biologically driven 
restoration.

SEC. 204. INTERVENOR STATUS.

    (a) In General.--For purposes of a civil action relating to a 
qualified project described in subsection (b), a unit of local 
government shall be--
            (1) entitled to intervene, as of right, in any subsequent 
        civil action; and
            (2) considered to be a full participant in any settlement 
        negotiation relating to the qualified project if the unit of 
        local government intervenes.
    (b) Description of Qualified Project.--A qualified project referred 
to in subsection (a) is a project that--
            (1) is located on National Forest System land or public 
        lands;
            (2) has been approved by the Secretary concerned; and
            (3)(A) reduces the risk posed by wildfire, insect, or 
        disease; or
            (B) generates revenue from the harvesting of timber.

SEC. 205. UTILIZING GRAZING FOR WILDFIRE PREVENTION.

    The Secretary concerned, in coordination with holders of permits to 
graze livestock on Federal land, shall develop a strategy to increase 
opportunities to utilize livestock grazing as a wildfire mitigation 
strategy, including--
            (1) completion of reviews (as required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to 
        allow permitted grazing on vacant grazing allotments during 
        instances of drought, wildfire, or other natural disasters that 
        disrupt grazing on allotments already permitted;
            (2) use of targeted grazing;
            (3) increased use of temporary permits to promote targeted 
        fuels reduction and reduction of invasive annual grasses;
            (4) increased use of grazing as a fire recovery strategy, 
        where appropriate; and
            (5) use of all applicable authorities under law.

                          TITLE III--WORKFORCE

SEC. 301. LOGGING WORKFORCE.

    (a) Training.--
            (1) Interstate training programs.--The Secretary of 
        Agriculture, acting through the Chief of the Forest Service, 
        shall work with States to develop a universal, tiered program 
        to train persons to enter the logging workforce.
            (2) On-the-job training.--The Secretary concerned shall 
        examine potential ways to facilitate apprenticeship training to 
        increase knowledge and skills in an emerging logging workforce.
    (b) Modernizing Machinery.--Using funds made available under 
section 40804(b)(3) of the Infrastructure Investment and Jobs Act (16 
U.S.C. 6592a(b)(3)), the Secretary of Agriculture shall provide low-
interest loans or loan guarantees to persons, subject to such 
conditions as the Secretary of Agriculture determines to be necessary, 
for the acquisition of mechanized machinery for the purposes of 
decreasing injuries in the logging workforce.

SEC. 302. BREAK-IN-SERVICE CONSIDERATION FOR FIREFIGHTER RETIREMENTS.

    Notwithstanding sections 8336(c) and 8412(d) of title 5, United 
States Code, not later than May 1, 2024, the Secretary concerned, in 
coordination with the Secretary of Labor, shall promulgate regulations, 
as necessary, to ensure that a Federal wildland firefighter would not 
forfeit previously made contributions or eligibility for firefighter 
retirement when the wildland firefighter has a voluntary break in 
service of not more than 9 months.

SEC. 303. FIREFIGHTER RENTAL HOUSING.

    Notwithstanding OMB Circular No. A-45R, when the Secretary 
concerned requires a Federal wildland firefighter to occupy government 
housing, the Secretary concerned shall not deduct for government 
housing rent from the payroll of the wildland firefighter an amount 
that is greater than 40 percent of the pre-tax salary of the wildland 
firefighter.

                 TITLE IV--CULTURAL CHANGE IN AGENCIES

SEC. 401. MANDATORY USE OF EXISTING AUTHORITIES.

    Not later than 3 years after the date of enactment of this Act, 
with respect to each unit of public lands and each unit of the National 
Forest System that contains land described in section 102(5), the 
Secretary concerned shall use not fewer than 1 of the following 
streamlined authorities for environmental review:
            (1) Section 603(a) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591b(a)).
            (2) Section 605(a) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591d(a)).
            (3) Section 606(b) of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6591e(b)).
            (4) Section 40806(b) of the Infrastructure Investment and 
        Jobs Act (16 U.S.C. 6592b(b)).
            (5) Section 40807 of the Infrastructure Investment and Jobs 
        Act (16 U.S.C. 6592c).
            (6) Section 207 of the Wildfire Suppression Funding and 
        Forest Management Activities Act (16 U.S.C. 6591c note; Public 
        Law 115-141).

SEC. 402. CURTAILING EMPLOYEE RELOCATIONS.

    (a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
``Secretary''), shall curtail employee relocations to significantly 
increase the period of time that each line officer works at a duty 
station.
    (b) Line Officer Hiring Eligibility.--To the maximum extent 
practicable, the Secretary shall solicit applications for line officer 
positions in a manner that does not limit eligibility for the solicited 
position to only an applicant who is a current employee of the Forest 
Service.
    (c) Limits on Relocation Payments.--The Secretary shall not 
reimburse an employee or otherwise pay for expenses relating to a 
change in duty station in an amount that exceeds $100,000.
    (d) Employment Development.--The Secretary shall develop a program 
to provide incentives for employees to gain experience and skills 
without relocating (commonly referred to as ``growing in place'').

SEC. 403. REPEAL OF FLAME REPORTS.

    Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsection (i) as subsection (h).
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