[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
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(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--
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(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.
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