[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4664-S4666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2328. Mr. KELLY (for himself and Mr. Romney) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. WILDFIRE MITIGATION, MANAGEMENT, AND RECOVERY.

       (a) State, Local, and Tribal Matching Funds Waiver and 
     Reduction Authority.--
       (1) In general.--The Secretary of Agriculture, the 
     Secretary of the Interior, or the Administrator of the 
     Federal Emergency Management Agency Administrator (referred 
     to in this section as the ``FEMA Administrator'') may reduce 
     or waive applicant matching or cost-sharing requirements 
     applicable to funds provided by the Secretary of Agriculture, 
     the Secretary of the Interior, or the FEMA Administrator, 
     respectively, to a State, Indian Tribe, county, municipality, 
     or other unit of local government for--
       (A) planning or implementing a wildfire mitigation or 
     management project to reduce the risk of wildfire;
       (B) preparing a needs assessment in preparation for post-
     wildfire cascading impacts before a wildfire occurs; or
       (C) planning or implementing post-wildfire recovery 
     projects on land in the State, county, municipality, or other 
     unit of local government or on land of the Indian Tribe.
       (2) Limitation.--The amount that the Secretary of 
     Agriculture, the Secretary of the Interior, or the FEMA 
     Administrator, as applicable, may reduce or waive under 
     paragraph (1) shall not exceed the amount that the applicable 
     State, Indian Tribe, county, municipality, or other unit of 
     local government expended on the activities described in that 
     paragraph.
       (3) Inclusions.--Amounts described in paragraph (2) may 
     include amounts used for activities described in paragraph 
     (1) that were collected by a State, Indian Tribe, county, 
     municipality, or other unit of local government from--
       (A) the sale of bonds;
       (B) sales taxes, property taxes, income taxes, or other tax 
     revenue sources;
       (C) the pooling of contributions from customers of a quasi-
     governmental utility; or
       (D) conservation finance agreements.
       (b) Wood Processing Inventory.--
       (1) Definition of secretary.--In this subsection, the term 
     ``Secretary'' means the Secretary of Agriculture, in 
     coordination with the Secretary of the Interior.
       (2) Inventory, studies, and report.--The Secretary shall--
       (A) conduct an inventory of wood processing facilities, 
     including sawmills and biomass utilization facilities, in 
     each region of the United States, as determined by the 
     Secretary;
       (B) conduct additional economic studies, workforce studies, 
     and biomass feasibility studies to better understand 
     solutions to the development and redevelopment of regional 
     wood products markets, as the Secretary determines to be 
     appropriate;
       (C) identify each region described in subparagraph (A) 
     that--
       (i) is at high risk of wildfire, as determined by the 
     Secretary; and
       (ii) does not have a wood processing facility or needs 
     additional wood processing infrastructure or capacity; and
       (D) submit a report describing the inventory, studies, and 
     regions described in subparagraphs (A), (B), and (C), 
     respectively, to the relevant committees of Congress, 
     including--
       (i) the Committee on Energy and Natural Resources of the 
     Senate;
       (ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (iii) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (iv) the Committee on Appropriations of the Senate;
       (v) the Committee on Natural Resources of the House of 
     Representatives;
       (vi) the Committee on Homeland Security of the House of 
     Representatives;
       (vii) the Committee on Science, Space, and Technology of 
     the House of Representatives; and
       (viii) the Committee on Appropriations of the House of 
     Representatives; and
       (E) made the report described in subparagraph (D) publicly 
     available on the website of the Department of Agriculture.
       (c) Land-for-wood Processing Program.--
       (1) In general.--The Secretary of Agriculture and the 
     Secretary of the Interior shall jointly establish a program 
     under which the Secretary of Agriculture and the Secretary of 
     the Interior shall authorize Federal land under the 
     jurisdiction of the Secretary of Agriculture or the Secretary 
     of the Interior for the purpose described in paragraph (2).
       (2) Use.--Land authorized under paragraph (1) shall be used 
     for 1 or more wood processing facilities, including sawmills 
     and biomass utilization facilities, in each region identified 
     under subsection (b)(2)(C) that is included in the report 
     submitted under subsection (b)(2)(D).
       (d) Small Business Support.--The Secretary of the Interior 
     shall enter into cost-share agreements with, and provide 
     technical assistance to, States, Indian Tribes, counties, and 
     municipalities to support small businesses, as determined by 
     the Secretary of the Interior, that utilize biomass that is a 
     byproduct of wildfire risk reduction and forest restoration 
     activities.
       (e) Renewable Fuel Standard Program.--
       (1) Renewable identification numbers required.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Administrator of the Environmental Protection Agency shall--
       (A) incorporate into, and establish pathways for credit 
     under, the Renewable Fuel Program under section 211(o) of the 
     Clean Air Act (42 U.S.C. 7545(o)) for sustainable aviation 
     fuel, renewable natural gas, hydrogen, biodiesel, and all 
     other biofuels with the potential to be commercially viable 
     in the 10-year period beginning on the date of enactment of 
     this Act that are made from biomass derived from wildfire 
     risk reduction and forest restoration activities on public 
     and private lands; and

[[Page S4665]]

       (B) provide renewable identification numbers for the 
     products described in subparagraph (A).
       (2) Forest biomass as renewable biomass.--Section 
     211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I)) 
     is amended--
       (A) by striking clauses (iv) and (v) and inserting the 
     following:
       ``(iv) Forest biomass, regardless of whether the biomass is 
     sourced from public or private land, which may include--

       ``(I) slash;
       ``(II) pre-commercial thinnings;
       ``(III) plantation materials and residues;
       ``(IV) biomass obtained from areas at risk of wildfire;
       ``(V) sawmill and forest products manufacturing residues; 
     and
       ``(VI) any other uncontaminated byproduct of forest 
     management and forest products manufacturing.''; and

       (B) by redesignating clauses (vi) and (vii) as clauses (v) 
     and (vi), respectively.
       (f) Program Alignment.--The Secretary of Agriculture shall 
     direct the Under Secretary for Rural Development and the 
     Chief of the Forest Service to coordinate with each other for 
     the purpose of supporting investments in sawmills and biomass 
     utilization facilities in areas that have the greatest need 
     for wildfire risk reduction.
       (g) Biomass Utilization.--The Secretary of Agriculture and 
     the Secretary of Energy shall cooperate to support--
       (1) research relating to biomass utilization methods; and
       (2) large-scale forest biomass utilization research, 
     including the development of, and support for, pilot projects 
     that promote the utilization and commercialization of biomass 
     as a byproduct of wildfire risk reduction and forest 
     restoration activities.
       (h) Grazing.--
       (1) In general.--The Secretary of Agriculture and the 
     Secretary of the Interior shall manage fine fuels and shrubs 
     on Federal land under the jurisdiction of the Secretary of 
     Agriculture or the Secretary of the Interior, respectively, 
     through the expanded use of flexible, targeted grazing that--
       (A) aligns with wildfire impact reduction objectives and 
     desired environmental conditions and landscape goals in the 
     ecological system in which the grazing is conducted; and
       (B) complies with other obligations, including requirements 
     applicable to congressionally designated wilderness areas.
       (2) Department of the interior nonrenewable grazing permits 
     and leases.--The Secretary of the Interior shall--
       (A) direct the use of nonrenewable grazing permits and 
     leases described in section 4130.6-2 of title 43, Code of 
     Federal Regulations (or successor regulations), to reduce 
     fine fuel loads and the risk of catastrophic wildfire where 
     and when such use is ecologically appropriate;
       (B) direct the use of cooperative agreements described in 
     section 29.2 of title 50, Code of Federal Regulations (or 
     successor regulations); and
       (C) identify and deploy technologies such as remote sensing 
     and virtual fencing to expedite, simplify, and encourage the 
     use of nonrenewable grazing permits and leases referred to in 
     subparagraph (A) to reduce fine fuel loads.
       (3) Forest service temporary grazing permits.--The 
     Secretary of Agriculture shall--
       (A) direct the issuance of temporary grazing permits under 
     part 222 of title 36, Code of Federal Regulations (or 
     successor regulations, to permittees under that part for the 
     purpose of grazing to reduce fine fuel loads and the risk of 
     catastrophic wildfire where and when such issuance is 
     ecologically appropriate; and
       (B) identify and deploy technologies such as remote sensing 
     and virtual fencing to expedite, simplify, and encourage the 
     use of temporary permits referred to in subparagraph (A) to 
     reduce fine fuel loads.
       (i) Workforce Needs Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Agriculture, the 
     Secretary of the Interior, and the Secretary of Homeland 
     Security shall jointly prepare and submit to Congress a 
     report describing--
       (A) needs in the Federal workforce relating to a more 
     comprehensive approach to wildfire management, including pre-
     fire mitigation and post-fire recovery in the built and 
     natural environments;
       (B) positions needed to more effectively partner with and 
     enable the utilization of State, Tribal, and local capacity; 
     and
       (C) challenges with contract and agreement mechanisms, 
     including recommendations to reduce staffing and cost burdens 
     relating to State, Tribal, and local use of contracts and 
     agreements.
       (2) Consultation.--In identifying the positions needed to 
     partner with States, Indian Tribes, and units of local 
     government under paragraph (1)(B), the Secretary of 
     Agriculture, the Secretary of the Interior, and the Secretary 
     of Homeland Security shall consult with--
       (A) representative organizations of those entities, such as 
     the National Governors Association, the National Association 
     of State Foresters, the National Association of Counties, the 
     National League of Cities, and the National Congress of 
     American Indians; and
       (B) representatives of community nongovernmental 
     organizations and other relevant partners, including local 
     utility providers, public safety personnel, fire service 
     representatives, and emergency managers, including State 
     hazard mitigation officers.
       (j) Incident Recovery.--
       (1) In general.--The Secretary of Agriculture, the 
     Secretary of the Interior, and the Secretary of Homeland 
     Security, acting through the FEMA Administrator, shall 
     jointly develop policies and guidance for post-fire incident 
     recovery, specifically relating to the transition between 
     wildfire response and the wildfire recovery period.
       (2) Inclusions.--The policies and guidance developed under 
     paragraph (1) shall--
       (A) identify areas for coordination between Federal 
     agencies;
       (B) support consistent implementation of incident response 
     and recovery policies across landscapes; and
       (C) provide a pathway with defined timeframes and areas of 
     Federal responsibility for the transition between wildfire 
     operations and locally led recovery efforts.
       (3) Updates and review.--Not later than 1 year after the 
     date of enactment of this Act, the FEMA Administrator shall--
       (A) update the Public Assistance Program and Policy Guide 
     of the Federal Emergency Management Agency to include 
     guidance on wildfire-specific recovery challenges, including 
     debris removal, emergency protective measures, and toxicity 
     of drinking water resources resulting from wildfire;
       (B) conduct a review of the criteria for evaluating the 
     cost-effectiveness of projects intended to mitigate the 
     impacts of wildfire under sections 203 and 404 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5133; 5170c), including--
       (i) the establishment of pre-calculated benefits criterion 
     for common defensible space mitigation projects for wildfire 
     mitigation;
       (ii) the use of nature-based infrastructure in wildfire 
     mitigation;
       (iii) considerations for vegetation management for wildfire 
     mitigation;
       (iv) reducing the negative effects of wildfire smoke on 
     public health; and
       (v) lessening the impact of wildfires on water 
     infrastructure; and
       (C) issue such guidance as is necessary to--
       (i) update criteria described in subparagraph (B), based on 
     the results of the review conducted under that subparagraph; 
     and
       (ii) prioritize projects under sections 203 and 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5133; 5170c) based on the criteria updated 
     under clause (i).
       (k) Emergency Watershed Protection Program Cross-boundary 
     Funding.--Section 403 of the Agricultural Credit Act of 1978 
     (16 U.S.C. 2203) is amended by adding at the end the 
     following:
       ``(c) Cross-boundary Funding.--The Secretary may undertake 
     emergency watershed protection measures under this section 
     across boundaries between Federal land (including land 
     managed by different Federal agencies), State land, and 
     private land for the purpose of protecting lives, property, 
     or resources at risk as a result of the applicable impairment 
     described in subsection (a).''.
       (l) Funding to Water Entities.--
       (1) Definition of covered agency.--In this subsection, the 
     term ``covered agency'' means--
       (A) the Environmental Protection Agency;
       (B) the Department of Housing and Urban Development;
       (C) the Department of Agriculture;
       (D) the Federal Emergency Management Agency; and
       (E) the Department of the Interior.
       (2) Requirement.--After a wildfire has occurred, as 
     determined by the head of the applicable covered agency, the 
     head of the covered agency shall expedite to less than 90 
     days after the wildfire occurred the provision of grants 
     under grant programs carried out by the covered agency, for 
     the purpose of maintaining drinking water delivery in the 
     area in which the wildfire occurred, for--
       (A) drinking water collection and delivery restoration and 
     repair;
       (B) drinking water plant restoration and repair;
       (C) the development of additional drinking water treatment 
     infrastructure; and
       (D) the development of access to alternative sources of 
     drinking water.
       (3) Indirect costs.--Notwithstanding any other provision of 
     law, a grant provided using the authority to expedite grants 
     under paragraph (2) may be used to restore and repair 
     drinking water collection systems, delivery systems, and 
     treatment plants damaged by direct flame contact or indirect 
     impacts of wildfire, such as damage to infrastructure from 
     increased sediment delivery resulting from a burned 
     watershed.
       (m) Joint Chiefs Landscape Restoration Partnership 
     Program.--Section 40808(d) of the Infrastructure Investment 
     and Jobs Act (16 U.S.C. 6592d(d)) is amended--
       (1) in paragraph (1)(F), by striking ``and'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) whether the proposal enhances drought and wildfire 
     resilience; and''.
       (n) National Science and Technology Council Wildfire 
     Subcommittee.--The President shall establish within the 
     Environmental Committee of the National Science and 
     Technology Council a Wildfire Subcommittee, which shall, in 
     coordination with non-Federal partners, prioritize, review, 
     and direct funding to--

[[Page S4666]]

       (1) reports on areas in which research is needed relating 
     to effective pre-fire mitigation and post-fire recovery;
       (2) the development of new fire models to better reflect 
     scientific advancements and altered fire behavior under 
     current and future climate conditions;
       (3) map and model the current and anticipated development 
     of communities and infrastructure and include the built 
     environment in fuel models;
       (4) study behavioral and social sciences to better 
     understand and guide public and individual decision-making; 
     and
       (5) study organizational science to support adaptation of 
     effective pre-fire mitigation and post-fire recovery 
     strategies by Federal, State, Tribal, and local agencies.
       (o) Local Wildfire Training.--The Secretary of Homeland 
     Security, acting through the United States Fire 
     Administrator, in consultation with the Secretary of 
     Agriculture and the Secretary of the Interior, shall develop, 
     coordinate, and deliver expanded wildfire response and 
     suppression training and prescribed fire training to local 
     fire entities in preparation for the increased likelihood 
     that local fire entities will engage in work relating to 
     wildfires.
       (p) Quantitative and Qualitative Review.--Every 5 years, 
     the Secretary of Agriculture, the Secretary of the Interior, 
     and the Secretary of Homeland Security, acting through the 
     FEMA Administrator and United States Fire Administrator, 
     shall jointly--
       (1) conduct a quantitative and qualitative review of the 
     comprehensive wildfire environment, including--
       (A) an analysis of wildfire mitigation work completed and 
     wildfire recovery efforts undertaken;
       (B) changes in the built and natural environments;
       (C) impacts to public health from wildfire;
       (D) an assessment of the level of integration of planning 
     and implementation across all temporal phases of wildfire;
       (E) an assessment of anticipated changes and challenges in 
     wildfire management in the upcoming decade; and
       (F) policy recommendations to address needed changes;
       (2) submit a report describing the findings of the review 
     under paragraph (1) to the relevant committees of Congress, 
     including the committees described in subsection (b)(2)(D); 
     and
       (3) make publicly available the report submitted under 
     paragraph (2).
       (q) Bureau of Land Management Land Transfers.--
       (1) In general.--The Secretary of the Interior may transfer 
     land administered by the Bureau of Land Management to an 
     Indian Tribe for the purpose described in paragraph (2).
       (2) Use.--Land transferred under paragraph (1) shall be 
     used for wildfire mitigation and restoration workforce 
     housing for the Indian Tribe.
       (r) Tribal Participation.--The Secretary of Agriculture, 
     acting through the Chief of the Forest Service, and the 
     Secretary of the Interior shall enter into contracts and 
     agreements with, and provide grants to, Indian Tribes to 
     promote participation of Indian Tribes in wildfire response, 
     mitigation, and management.
       (s) Panel to Study Tribal Inclusion.--
       (1) In general.--The Secretary of Agriculture and the 
     Secretary of the Interior shall jointly establish a panel to 
     study opportunities for the inclusion of Indian Tribes in 
     Federal wildfire response, mitigation, and co-stewardship.
       (2) Members.--The panel established under paragraph (1) 
     shall be composed of 9 members, each of whom shall represent 
     an Indian Tribe with forestry interests or at risk of 
     wildfire.
       (3) Duties.--Not later than 1 year after the date of 
     enactment of this Act, the panel established under paragraph 
     (1) shall--
       (A) conduct a study to identify opportunities described in 
     paragraph (1); and
       (B) make available on a publicly accessible website a 
     report describing the opportunities identified through the 
     study under subparagraph (A).
       (t) Wildfire Cascading Impacts.--
       (1) In general.--With respect to a wildfire that results in 
     the declaration of a major disaster pursuant to the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), the FEMA Administrator shall hold the 
     incident period open for 1 year, beginning on the date of 
     fire containment, for emergency assistance under section 403 
     of that Act (42 U.S.C. 5170b) required from flooding, mud 
     flow, or debris flow resulting from the wildfire.
       (2) Risk-based monitoring plans.--With respect to a 
     wildfire described in paragraph (1), an agency requesting 
     emergency assistance may submit to the FEMA Administrator a 
     risk-based monitoring plan, which shall include--
       (A) an assessment of the risk of debris flows, flooding or 
     other impact resulting from the wildfire;
       (B) a plan for monitoring the risk and alerting the public 
     to imminent threats to life and property; and
       (C) an estimate of the duration of the risk.
       (3) Extension.--
       (A) In general.--Upon submission of a risk-based monitoring 
     plan described in paragraph (2), the FEMA Administrator shall 
     extend the incident period, holding the incident period open 
     until the earlier of the end of--
       (i) the estimated duration of the risk; or
       (ii) 5 years after the date of fire containment.
       (B) Deemed granted.--If the FEMA Administrator takes no 
     action during the 90-day period after submission of a risk-
     based monitoring plan described in paragraph (2), an 
     extension of the relevant incident period under subparagraph 
     (A) shall be deemed granted.
       (u) Categorical Exclusion.--The Secretary of Homeland 
     Security, in coordination with the FEMA Administrator shall 
     amend the Department of Homeland Security Instruction Manual 
     on Implementation of the National Environmental Policy Act 
     (Instruction Manual 023-01-001-01, Revision 01) to include 
     post-fire revegetation, waterway protection, water resource 
     protection, and other post-fire community environmental needs 
     in the list of categorical exclusions.
       (v) Interagency Resource Ordering.--The Secretary of 
     Agriculture and the Secretary of the Interior shall direct 
     agencies of the Department of Agriculture and the Department 
     of the Interior, respectively, to utilize existing 
     interagency resource ordering systems for prescribed fire 
     assignments.
       (w) Programmatic Environmental Analyses.--The Secretary of 
     Agriculture and the Secretary of the Interior shall--
       (1) increase the use of programmatic environmental analyses 
     that are broad, include similar or connected projects, are 
     large in scale, or will be implemented over a longer period 
     of time, with appropriate Tribal consultation and 
     incorporation of Indigenous knowledge; and
       (2) use phased planning for projects on large landscapes.
       (x) Performance Metrics.--The Secretary of Agriculture, the 
     Secretary of the Interior, and the Secretary of Homeland 
     Security, acting through the FEMA Administrator, shall 
     jointly revise performance metrics applicable to land 
     management agencies and the United States Fire Administration 
     to include--
       (1) the number of protected assets and values, including 
     sacred sites and other cultural resources and values;
       (2) the degree to which long-term risks to landscapes are 
     reduced and landscapes are maintained in a more resilient 
     state;
       (3) watershed conditions, fuels reduction outcomes, 
     biodiversity, and ecosystem services benefits; and
       (4) social metrics, including collaboration, community 
     empowerment, and partnerships.
       (y) Uniform Datasets.--The Secretary of Agriculture, the 
     Secretary of the Interior, and the Secretary of Homeland 
     Security, acting through the United States Fire 
     Administrator, shall jointly develop and maintain uniform 
     wildfire hazard datasets.
                                 ______