II 117TH CONGRESS 1ST SESSION S. 1855 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. IN THE SENATE OF THE UNITED STATES MAY 26, 2021 Mrs. FEINSTEIN (for herself, Mr. PADILLA, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Ag- riculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to select and imple- ment landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Wildfire Emergency Act of 2021’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1855 IS TITLE I—LANDSCAPE-SCALE FOREST RESTORATION Sec. 101. Definitions. Sec. 102. Purpose. Sec. 103. Selection and implementation of landscape-scale forest restoration projects. Sec. 104. Conservation finance agreements. Sec. 105. Administration. Sec. 106. Report evaluating implementation. Sec. 107. Funding. TITLE II—INCREASING COMMUNITY RESILIENCE TO WILDFIRE Sec. 201. Critical infrastructure and microgrid program. Sec. 202. Retrofits for fire-resilient communities. Sec. 203. Hazard mitigation using disaster assistance. Sec. 204. Wildfire detection 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. TITLE I—LANDSCAPE-SCALE 1 FOREST RESTORATION 2 SEC. 101. DEFINITIONS. 3 In this title: 4 (1) CONSERVATION FINANCE AGREEMENT.— 5 The term ‘‘conservation finance agreement’’ means a 6 mutual benefit agreement (excluding a procurement 7 contract, grant, or cooperative agreement described 8 in chapter 63 of title 31, United States Code)— 9 (A) the term of which is more than 1, but 10 not more than 20, years; 11 (B) that may provide that performance 12 under the agreement during the second and 13 subsequent years of the agreement is contingent 14 on the appropriation of funds; and 15 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1855 IS (C) if the agreement does so provide, that 1 may provide for a cancellation payment to be 2 made to the partner if those appropriations are 3 not made. 4 (2) ECOLOGICAL CONDITIONS.—The term ‘‘eco- 5 logical conditions’’ has the meaning given the term 6 in section 219.19 of title 36, Code of Federal Regu- 7 lations (as in effect on the date of enactment of this 8 Act). 9 (3) ECOLOGICAL INTEGRITY.—The term ‘‘eco- 10 logical integrity’’ has the meaning given the term in 11 section 219.19 of title 36, Code of Federal Regula- 12 tions (as in effect on the date of enactment of this 13 Act). 14 (4) LANDSCAPE ASSESSMENT.—The term 15 ‘‘landscape assessment’’ means an assessment of a 16 landscape that— 17 (A) meets the requirements described in 18 section 103(c)(1)(C); 19 (B) does not constitute a decision docu- 20 ment or final agency action requiring a separate 21 analysis under the National Environmental Pol- 22 icy Act of 1969 (42 U.S.C. 4321 et seq.); and 23 (C) may be presented— 24 (i) in a separate analysis; 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1855 IS (ii) within 1 or more broader analyses, 1 including analyses under the National En- 2 vironmental Policy Act of 1969 (42 U.S.C. 3 4321 et seq.); or 4 (iii) through a combination of the 5 analyses described in clauses (i) and (ii). 6 (5) RESTORE.—The term ‘‘restore’’ has the 7 meaning given the term in section 219.19 of title 36, 8 Code of Federal Regulations (as in effect on the 9 date of enactment of this Act). 10 (6) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Agriculture. 12 (7) WILDLAND-URBAN INTERFACE.—The term 13 ‘‘wildland-urban interface’’ has the meaning given 14 the term in section 101 of the Healthy Forests Res- 15 toration Act of 2003 (16 U.S.C. 6511). 16 SEC. 102. PURPOSE. 17 The purpose of this title is to increase the pace and 18 scale of forest restoration and reduction in the risk of 19 uncharacteristic wildfire through— 20 (1) authorizing a pilot program with conserva- 21 tion finance agreement authority to leverage other 22 Federal and non-Federal investment (excluding 23 funds appropriated to the Forest Service) in land- 24 scape-scale forest restoration and related natural 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1855 IS and built infrastructure, equipment, and job train- 1 ing; 2 (2) project planning and analysis practices that 3 effectively scale up to the landscape level of 100,000 4 acres or more; 5 (3) requiring ecological standards and collabo- 6 ration for landscape-scale projects; and 7 (4) coordination with Federal, State, local, and 8 Tribal agencies to expand personnel options to sup- 9 port the pilot program described in paragraph (1) by 10 taking advantage of interorganizational support. 11 SEC. 103. SELECTION AND IMPLEMENTATION OF LAND- 12 SCAPE-SCALE FOREST RESTORATION 13 PROJECTS. 14 (a) IN GENERAL.—The Secretary shall select, in ac- 15 cordance with this section, landscape-scale forest restora- 16 tion projects— 17 (1) to implement on National Forest System 18 land; and 19 (2) if applicable, to implement on land adjoin- 20 ing National Forest System land, in coordination 21 with other Federal and non-Federal entities. 22 (b) INITIAL PHASE.—During the 5-year period begin- 23 ning on the date of enactment of this Act, subject to the 24 availability of appropriations pursuant to section 107(a), 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1855 IS the Secretary shall select not more than 20 landscape- 1 scale forest restoration projects under subsection (a). 2 (c) ELIGIBILITY REQUIREMENTS.— 3 (1) IN GENERAL.—Subject to paragraph (2), to 4 be eligible for selection and implementation under 5 subsection (a), a landscape-scale forest restoration 6 project shall satisfy the following requirements: 7 (A) The purposes and needs for the project 8 shall be— 9 (i) to restore the ecological integrity 10 and ecological resilience of terrestrial and 11 aquatic areas that have departed from ref- 12 erence conditions within the forest land- 13 scape; 14 (ii) to restore appropriate natural fire 15 regimes, including by reducing fuel loads 16 and modifying forest structure in areas 17 that have departed from reference condi- 18 tions, taking into account the current and 19 projected impacts of climate change; and 20 (iii) to conduct wildfire risk reduction 21 activities within the wildland-urban inter- 22 face to the extent that the project includes 23 lands within the wildland-urban interface. 24 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1855 IS (B) The project shall be developed and 1 supported by a collaborative group that— 2 (i) includes multiple interested per- 3 sons representing diverse interests; 4 (ii) is transparent and inclusive; and 5 (iii) has sufficient expertise, capacity, 6 and scientific support to effectively plan, 7 implement, and monitor landscape-level, 8 ecologically based forest restoration activi- 9 ties. 10 (C) The project shall be based on a land- 11 scape assessment that shall— 12 (i) cover a landscape of— 13 (I) except as provided in sub- 14 clauses (II) and (III), not less than 15 100,000 acres; 16 (II) in such limited cases as the 17 Secretary determines to be appro- 18 priate, not less than 80,000 acres if— 19 (aa) the assessment is com- 20 pleted or substantially completed 21 as of the date of enactment of 22 this Act; and 23 (bb) in the determination of 24 the Secretary, assessing a larger 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1855 IS area is not necessary to restore 1 the integrity, resilience, and fire 2 regimes of the landscape; or 3 (III) not less than 50,000 acres 4 in the case of a project that is carried 5 out east of the 100th meridian; 6 (ii) evaluate ecological integrity and 7 determine reference conditions for the 8 landscape; 9 (iii) identify terrestrial and aquatic 10 areas within the landscape that have de- 11 parted from reference conditions; 12 (iv) identify criteria to determine ap- 13 propriate restoration treatments within de- 14 graded areas of the landscape to achieve 15 reference conditions, including manage- 16 ment prescriptions, mitigation measures, 17 and constraints to be applied when car- 18 rying out actions in those areas; 19 (v) be based on the best available sci- 20 entific information and data, including, 21 where applicable, high-resolution imagery, 22 LiDAR, and similar technologies and infor- 23 mation, and involve direct engagement by 24 scientists; and 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1855 IS (vi) identify priority restoration strat- 1 egies for terrestrial and aquatic areas, in- 2 cluding prescribed fire and wildfires man- 3 aged for multiple resource benefits, which 4 shall focus on— 5 (I) areas that are the most de- 6 parted from reference conditions; and 7 (II) areas that would benefit the 8 most from reducing the risk of 9 uncharacteristic wildfire, especially 10 with respect to nearby communities, 11 taking into account other completed, 12 ongoing, and planned fuels-reduction 13 projects. 14 (D) Restoration treatments under the 15 project— 16 (i) shall emphasize the reintroduction 17 of characteristic fire, based on forest ecol- 18 ogy and reference conditions, through the 19 use of prescribed fire, wildfire managed for 20 resource benefits, or both; 21 (ii) that involve any proposed mechan- 22 ical treatments shall be designed to pro- 23 mote— 24 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1855 IS (I) the restoration of reference 1 conditions in areas that lack ecological 2 integrity, especially the reduction of 3 surface and ladder fuels; and 4 (II) the establishment of condi- 5 tions that will facilitate prescribed fire 6 or managed wildfire; 7 (iii) shall— 8 (I) fully maintain or contribute 9 to the restoration of reference old for- 10 est conditions, taking into account the 11 current and projected impacts of cli- 12 mate change; and 13 (II) protect or increase the num- 14 ber and distribution of large old trees, 15 consistent with reference conditions, 16 excepting any de minimis losses of 17 large old trees from prescribed fire or 18 hazardous tree removal; and 19 (iv) that involve prescribed fire shall 20 provide advance notification, in accordance 21 with notification procedures developed by 22 the Secretary, to the owner or operator of 23 critical infrastructure, such as a power line 24 right-of-way, of any prescribed fire treat- 25 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1855 IS ments within close proximity to the infra- 1 structure. 2 (E) The project shall be consistent with all 3 applicable environmental laws, including— 4 (i) the National Environmental Policy 5 Act of 1969 (42 U.S.C. 4321 et seq.); 6 (ii) the Endangered Species Act of 7 1973 (16 U.S.C. 1531 et seq.); and 8 (iii) the Forest and Rangeland Renew- 9 able Resources Planning Act of 1974 (16 10 U.S.C. 1600 et seq.). 11 (F) The project shall be consistent with 12 the Roadless Area Conservation Rule estab- 13 lished under part 294 of title 36, Code of Fed- 14 eral Regulations (or successor regulations), and 15 the final rule and record of decision of the For- 16 est Service entitled ‘‘Special Areas; Roadless 17 Area Conservation’’ (66 Fed. Reg. 3244 (Janu- 18 ary 12, 2001)) (or a successor rule). 19 (G) The project shall require multiparty 20 monitoring, including opportunities for public 21 engagement, and an adaptive management ap- 22 proach that— 23 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1855 IS (i) conditions the future implementa- 1 tion of the project on the satisfactory com- 2 pletion of— 3 (I) priority restoration actions; 4 and 5 (II) required monitoring; 6 (ii) validates conditions projected to 7 occur in the environmental analysis for the 8 project; and 9 (iii) requires modifications to the 10 project if monitoring reveals impacts be- 11 yond the anticipated impacts of the 12 project. 13 (H)(i) No new permanent road may be 14 built as part of the project. 15 (ii) Any new temporary roads needed to 16 implement the project shall be decommissioned 17 not later than 3 years after completion of the 18 project. 19 (I) The project shall use an efficient ap- 20 proach to landscape-scale analysis and decision- 21 making that is consistent with the National En- 22 vironmental Policy Act of 1969 (42 U.S.C. 23 4321 et seq.), which may include— 24 VerDate Sep 11 2014 04:19 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1855.IS S1855 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1855 IS (i) the preparation of a single environ- 1 mental impact statement or environmental 2 assessment, as applicable, for the entire 3 project, incorporating the landscape assess- 4 ment described in subparagraph (C); 5 (ii) the use of, as applicable— 6 (I) multiple records of decision to 7 implement a single environmental im- 8 pact statement; or 9 (II) multiple decision notices to 10 implement a single environmental as- 11 sessment; 12 (iii) the preparation of a pro- 13 grammatic environme [Text truncated for display. 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