,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gigh ,,in ,,the ,,house ,,of ,,representatives ,august #g1 #bjbj,mr4 ,panetta 7for himself1 ,mr4 ,la,malfa1 ,mr4 ,costa1 ,mr4 ,harder of ,california1 ,mr4 ,garamendi1 ,mr4 ,cox of ,california1 ,mr4 ,carbajal1 and ,mr4 ,gianforte7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture1 ,transportation and ,infrastructure1 ,education and ,labor1 ,energy and ,commerce1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to increase wildfire preparedness and response throughout the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,wildfire and ,public ,safety ,act of #bjbj4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,findings4,sec4 #d4 ,definitions4,,title ,i--,wildfire ,mitigation ,projects,sec4 #aja4 ,forest landscape projects4,sec4 #ajb4 ,wildfire detection equipment4,sec4 #ajc4 ,establishment of fuel breaks in forests and other wildland vegetation4,sec4 #ajd4 ,emergency actions4,sec4 #aje4 ,new information in land management plans4,sec4 #ajf4 ,hazard mitigation using disaster assistance4,,title ,,ii--,biomass,sec4 #bja4 ,biomass energy infrastructure program4,,title ,,iii--,timber exports,sec4 #cja4 ,exemption to prohibition on export of unprocessed timber of dead and dying trees in the ,state of ,california4,,title ,,iv--,other matters,sec4 #dja4 ,innovative forest workforce development program4,sec4 #djb4 ,western prescribed fire center4,sec4 #djc4 ,retrofits for fire-resilient communities4,sec4 #djd4 ,critical infrastructure and microgrid program4 #c4 ,findings ,congress finds that-- 7#a7 in #bjag and #bjah1 the ,state of ,california1 the ,state of ,montana1 and other ,western ,states experienced some of the deadliest and most destructive wildfires in the last #ajj years1 devastating ,federal1 ,state1 and private land1 destroying tens of thousands of homes1 killing dozens of people1 and burning large areas of land in the wildland-urban interface 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7#b7 fire suppression practices over several decades1 inadequate levels of forest management1 and climate change have increased the risk of wildfires1 and1 according to the ,fourth ,national ,climate ,assessment by the ,united ,states ,global ,change ,research ,program1 the cumulative number of acres burned in the period from #aihd to #bjae was twice the number of acres that would have burned in the absence of climate change2 7#c7 increased development in the wildland-urban interface near overgrown forest landscapes has increased the number of people living in areas that are at risk of wildfire2 7#d7 despite legislation enacted over the last #bj years to facilitate hazardous fuels reduction1 certain statutory1 regulatory1 and administrative requirements1 including studies1 publication periods1 season-specific surveys1 and objection processes1 and litigation can significantly impede rapid implementation of hazardous fuels reduction projects necessary to protect lives and property2 7#e7 increasing the pace and scale of science-based1 publicly developed forest management activities that reduce hazardous fuels1 including through mechanical thinning and controlled burning1 can reduce the size and scope of wildfires1 as well as protect watersheds1 improve fish and wildlife habitat1 expand recreational opportunities1 protect air quality1 and increase the sequestration of carbon on ,national ,forest ,system and ,bureau of ,land ,management land2 7#f7 in #bjai1 #aa1hjj1jjj acres of ,national ,forest ,system land in the ,state of ,california and #f1cjj1jjj acres of ,national ,forest ,system land in the ,state of ,montana were at high or very high wildfire hazard potential1 of which #c1ajj1jjj acres and #a1fjj1jjj acres1 respectively1 were within proximity to populated areas2 and 7#g7 the ,governor of the ,state of ,california has proclaimed a ,state of ,emergency due to a vast tree die-off throughout the ,state that has increased the risk of wildfires and has created extremely dangerous fire conditions4 #d4 ,definitions ,in this ,act3 7#a7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 and 7,b7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,federal land described in paragraph 7#a77;,a72 and 7,b7 the ,secretary of the ,interior1 with respect to ,federal land described in paragraph 7#a77;,b74 ,i ,wildfire ,mitigation ,projects #aja4 ,forest landscape projects 7a7 ,definitions ,in this section3 7#a7 ,collaborative process ,the term collaborative process means a collaborative process described in section #djjc7;b77#b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7;b77#b774 7#b7 ,forest landscape ,the term forest landscape means an area that-- 7,a7 primarily or entirely contains land that has a high or very high wildfire hazard potential2 7,b7 due to a fuel management activity in the area1 would have a reduced risk1 as determined by the ,secretary concerned-- 7i7 of wildfire endangering a nearby at-risk community 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7ii7 of wildfire damaging a municipal watershed or infrastructure that serves an at-risk community described in clause 7i72 or 7iii7 of the transmission of a high intensity wildfire from the applicable wildland-urban interface or forest landscape to a nearby community2 and 7,c7 to the extent practicable1 is conducive to the development and implementation of projects relating to wildfire resilience and forest health that are carried out through a collaborative process4 7#c7 ,forest landscape project ,the term forest landscape project means a project carried out in a forest landscape under subsection 7b77#a7-- 7,a7 in which #a or more management activities are carried out2 and 7,b7 that takes place on not more than #ge1jjj acres of ,federal land or non-,federal land adjacent to ,federal land on which the project is carried out4 7#d7 ,management activity ,the term management activity means-- 7,a7 the installation of fuel breaks 7including shaded fuel breaks7 not more than #a_/b-mile wide across a forest landscape in a strategic system that maximizes the reduction of wildfire risk to communities or watersheds2 7,b7 mechanical thinning 7including restoration thinning7 of a forest landscape to clear-- 7i7 surface fuels1 such as slash2 7ii7 ladder fuels1 such as small and medium diameter trees and shrubs2 or 7iii7 both of the fuels described in clauses 7i7 and 7ii72 and 7,c7 controlled burns4 7#e7 ,state ,the term ,state means a ,state the entirety of which is located west of the #ajjth meridian4 7#f7 ,wildlife habitat ,the term wildlife habitat means an ecological community on which a species of wild animal1 bird1 plant1 fish1 amphibian1 or invertebrate depends for the conservation and protection of the species4 7b7 ,establishment 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 in accordance with paragraph 7#b71 the ,secretary of ,agriculture1 in consultation with the ,secretary of the ,interior1 shall select #c forest landscapes on which to conduct forest landscape projects-- 7,a7 to reduce the risk of wildfire in the forest landscape2 7,b7 to restore ecological health to the forest landscape2 or 7,c7 to adapt the forest landscape to the increased risk of wildfire due to climate change4 7#b7 ,process 7,a7 ,proposals ,the ,governor of a ,state may submit to the ,secretary of ,agriculture a proposal for a forest landscape project to be carried out in that ,state4 7,b7 ,selection ,the ,secretary of ,agriculture1 in consultation with the ,secretary of the ,interior1 shall select forest landscape projects to be conducted from among proposals submitted under subparagraph 7,a7 based on-- 7i7 the strength of the proposal and the strategy for the conduct of the forest landscape project2 7ii7 the strength of the ecological case of the proposal and the proposed ecological restoration strategies of the forest landscape project2 7iii7 the strength of the collaborative process through which the proposal was developed and the forest landscape project will be carried out and the likelihood of successful collaboration throughout implementation of the forest landscape project2 7iv7 whether the proposed forest landscape project is likely to achieve reductions in long-term wildfire management costs2 7v7 whether the proposed forest landscape project would reduce the relative costs of carrying out ecological restoration treatments2 7vi7 whether the proposed forest landscape project would provide energy as a result of the use of woody biomass and small-diameter trees2 and 7vii7 whether an appropriate level of non-,federal investment would be leveraged in carrying out the proposed forest landscape project4 7,c7 ,consultation ,in selecting proposals under subparagraph 7,b71 the ,secretary of ,agriculture1 in consultation with the ,secretary of the ,interior1 shall consult with the ,governors of the ,states that submitted proposals under subparagraph 7,a74 7#c7 ,applicability ,the selection of a forest landscape under this subsection shall not be subject to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable law4 7c7 ,management activities ,in carrying out a management activity under a forest landscape project1 the ,secretary concerned-- 7#a7 shall maximize the retention of old-growth stands and large trees1 as appropriate for the forest type1 to the extent that the trees promote stands that are resilient to wildfire and increased average temperature2 7#b7 shall consider the best available scientific information to maintain or restore the ecological integrity of the forest landscape2 and 7#c7 shall not establish a permanent road4 7d7 ,environmental analysis 7#a7 ,application to certain environmental assessments and environmental impact statements ,this subsection shall apply in any case in which the ,secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a forest landscape project-- 7,a7 that-- 7i7 is developed through a collaborative process2 or 7ii7 is covered by a community wildfire protection plan2 7,b7 the primary purpose of which is-- 7i7 reducing hazardous fuel loads2 7ii7 installing fuel and fire breaks2 7iii7 restoring forest health and resilience2 7iv7 protecting a municipal water supply or a critical communication site2 7v7 improving wildlife habitat to meet management and conservation goals1 including ,state population goals2 or 7vi7 a combination of #b or more of the purposes described in clauses 7i7 through 7v72 and 7,c7 that does not include any action that is inconsistent with the applicable land and resource management plan4 7#b7 ,consideration of alternatives ,in an environmental assessment or environmental impact statement described in paragraph 7#a71 the ,secretary concerned shall study1 develop1 and describe only the following alternatives3 7,a7 ,the forest landscape project1 as proposed under paragraph 7#a74 7,b7 ,a forest management activity or combination of forest management activities proposed by the relevant agency4 7,c7 ,the alternative of no action4 7#c7 ,elements of no-action alternative ,in the case of the alternative of no action1 the ,secretary concerned shall evaluate the effect of no action only on-- 7,a7 forest health2 7,b7 wildlife habitat2 7,c7 wildfire potential2 7,d7 insect and disease potential2 7,e7 economic and social factors2 and 7,f7 water quality and quantity4 7#d7 ,exclusions ,this subsection does not apply to-- 7,a7 any component of the ,national ,wilderness ,preservation ,system2 7,b7 any congressionally designated wilderness study area2 7,c7 any component of the ,national ,wild and ,scenic ,rivers ,system2 7,d7 any research natural area2 7,e7 any ,national ,forest ,system land or public land on which the removal of vegetation is prohibited by an ,act of ,congress or the ,president2 7,f7 any land in an inventoried roadless area2 or 7,g7 any designated critical habitat for a federally listed threatened or endangered species1 unless1 after a consultation under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf71 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 determines that the forest management activity is not likely to destroy or adversely modify the critical habitat4 7#e7 ,road building 7,a7 ,permanent roads ,a forest landscape project carried out under this section shall not include the construction of any new1 permanent road4 7,b7 ,existing roads ,the ,secretary concerned may carry out necessary maintenance of1 repairs to1 or reconstruction of an existing permanent road under a forest landscape project carried out under this section4 7,c7 ,temporary roads ,the ,secretary concerned shall decommission any temporary road constructed under a forest landscape project carried out under this section by not later than #c years after the date on which the ,secretary concerned determines the road is no longer needed4 7#f7 ,judicial review in ,united ,states district courts 7,a7 ,venue ,notwithstanding section #acia of title #bh1 ,united ,states ,code1 or other applicable law1 a forest landscape project for which an environmental assessment or an environmental impact statement is prepared under paragraph 7#b77;,a7 shall be subject to judicial review only in-- 7i7 the ,united ,states district court for a district in which the ,federal land to be treated under the forest landscape project is located2 or 7ii7 the ,united ,states district court for the ,district of ,columbia4 7,b7 ,expeditious completion of judicial review ,in the judicial review of an action challenging a forest landscape project described in subparagraph 7,a71 ,congress encourages a court of competent jurisdiction to expedite1 to the maximum extent practicable1 the proceedings in the action with the goal of rendering a final determination on jurisdiction1 and1 if jurisdiction exists1 a final determination on the merits1 as soon as practicable after the date on which a complaint or appeal is filed to initiate the action4 7,c7 ,injunctions 7i7 ,in general ,subject to clause 7ii71 the length of any preliminary injunctive relief or stay pending appeal covering a forest landscape project described in subparagraph 7,a7 shall not exceed #fj days4 7ii7 ,renewal 7,i7 ,in general ,a court of competent jurisdiction may issue #a or more renewals of any preliminary injunction1 or stay pending appeal1 granted under clause 7i74 7,,ii7 ,updates ,in each renewal of an injunction in an action1 the parties to the action shall present the court with updated information on the status of the forest landscape project4 7iii7 ,requirement for injunction ,a court shall not enjoin an agency action under a forest landscape project described in subparagraph 7,a7 if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits4 7iv7 ,balancing of short- and long-term effects ,as part of weighing the equities while considering any request for an injunction that applies to an agency action under a forest landscape project described in subparagraph 7,a71 the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of-- 7,i7 the short- and long-term effects of undertaking the agency action2 against 7,,ii7 the short- and long-term effects of not undertaking the agency action4 7e7 ,use of other authorities ,each ,secretary concerned shall seek to use existing statutory and administrative authorities1 including a good neighbor agreement entered into under section #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a71 to carry out each forest landscape project4 7f7 ,reports ,not later than the last day of each fiscal year1 each ,secretary concerned shall submit a report describing the impacts on wildfire risk and the environment of forest landscape projects carried out under this section to-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7#c7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 and 7#d7 the ,committee on ,agriculture of the ,house of ,representatives4 7g7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year4 7#b7 ,non-,federal funding ,each ,secretary concerned shall seek additional funding to carry out this section from private and ,state sources4 #ajb4 ,wildfire detection equipment 7a7 ,in general ,title ,,vi of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia et seq47 is amended by adding at the end the following3 #fjg4 ,wildfire detection equipment ,to the extent practicable1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall-- 7#a7 expedite the placement of wildfire detection equipment1 such as sensors1 cameras1 and other relevant equipment1 in areas at risk of wildfire2 7#b7 expand the use of satellite data to assist wildfire response2 and 7#c7 expedite any permitting required by the ,secretary of ,agriculture or the ,secretary of the ,interior for the installation1 maintenance1 or removal of wildfire detection equipment4 4 7b7 ,technical amendment ,the table of contents for the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feja note2 ,public ,law #ajh-adh7 is amended by adding at the end of the items relating to title ,,vi the following3 ,sec4 #fjg4 ,wildfire detection equipment4 4 #ajc4 ,establishment of fuel breaks in forests and other wildland vegetation 7a7 ,definitions ,in this section3 7#a7 ,habitat of significant value ,the term habitat of significant value means a wildlife habitat 7as defined in section #aja7;a77-- 7,a7 of national1 statewide1 or regional ecological importance2 7,b7 that is identified as a candidate for protection1 fully protected1 sensitive1 or as a habitat for a species of special status by a ,state or ,federal agency2 or 7,c7 that is essential to the movement of resident or migratory wildlife4 7#b7 ,riparian area ,the term riparian area means an area-- 7,a7 that is transitional between terrestrial and aquatic ecosystems2 7,b7 that is distinguished by gradients in biophysical conditions1 ecological processes1 and biota2 7,c7 through which surface and subsurface hydrology connect bodies of water with adjacent uplands2 7,d7 that is adjacent to perennial1 intermittent1 and ephemeral streams1 lakes1 or estuarine or marine shorelines2 and 7,e7 that includes the portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems4 7#c7 ,secretary ,the term ,secretary has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7b7 ,categorical exclusion established ,forest management activities described in subsection 7c7 are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7c7 ,forest management activities designated for categorical exclusion 7#a7 ,in general ,the category of forest management activities designated under subsection 7b7 for a categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary on ,federal land 7as defined in section #c of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #fejb77 the primary purpose of which is to establish and maintain linear fuel breaks that are-- 7,a7 up to #a1jjj feet in width adjacent to1 and incorporating1 existing linear features1 such as roads1 trails1 transmission lines1 and pipelines of any length on ,federal land2 and 7,b7 intended to reduce the risk of wildfire on the ,federal land or an adjacent at-risk community4 7#b7 ,activities ,subject to paragraph 7#c71 the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection 7b7 are-- 7,a7 mowing or masticating2 7,b7 thinning by manual and mechanical cutting2 7,c7 piling1 yarding1 and removal of slash2 7,d7 selling of vegetation products1 including timber1 firewood1 biomass1 slash1 and fenceposts2 7,e7 targeted grazing2 7,f7 application of-- 7i7 pesticide2 7ii7 biopesticide2 or 7iii7 herbicide2 7,g7 seeding of native species2 7,h7 controlled burns and broadcast burning2 and 7,i7 burning of piles1 including jackpot piles4 7#c7 ,excluded activities ,a forest management activity described in paragraph 7#b7 may not be carried out pursuant to the categorical exclusion established under subsection 7b7 if the activity is conducted-- 7,a7 in a wilderness area or wilderness study area2 7,b7 for the construction of a permanent road or permanent trail2 7,c7 on ,national ,forest ,system land or land managed by the ,bureau of ,land ,management on which the removal of vegetation is prohibited or restricted by ,congress or the ,president2 or 7,d7 in an area in which the activity would-- 7i7 be inconsistent with the applicable land and resource management plan2 7ii7 have a substantial adverse impact on-- 7,i7 wetlands1 as defined in the ,united ,states ,fish and ,wildlife ,service ,manual1 part #ffj ,,fw #b 7,june #ba1 #aiic72 7,,ii7 a riparian area2 or 7,,iii7 a habitat of significant value2 or 7iii7 harm-- 7,i7 any species protected by the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7,,ii7 the habitat of a species described in subclause 7,i74 7#d7 ,extraordinary circumstances ,the ,secretary shall apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use a categorical exclusion under subsection 7b74 7d7 ,acreage and location limitations ,treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection 7b7-- 7#a7 may not contain treatment units in excess of #c1jjj acres2 and 7#b7 shall be located primarily in an area described in section #fje7;c77#b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;d7c77#b774 #ajd4 ,emergency actions 7a7 ,definitions ,in this section3 7#a7 ,emergency action ,the term emergency action means an action carried out pursuant to an emergency situation determination to mitigate the harm to life1 property1 or important natural or cultural resources on ,national ,forest ,system land or adjacent land4 7#b7 ,emergency situation ,the term emergency situation means a situation on ,national ,forest ,system land for which immediate implementation of a decision is necessary to achieve #a or more of the following results3 7,a7 ,relief from hazards threatening human health and safety4 7,b7 ,mitigation of threats to natural resources on ,national ,forest ,system land or adjacent land4 7#c7 ,emergency situation determination ,the term emergency situation determination means a determination made by the ,secretary under subsection 7b77#a77;,a74 7#d7 ,land and resource management plan ,the term land and resource management plan means a plan developed under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#e7 ,national ,forest ,system land ,the term ,national ,forest ,system land means land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,authorized emergency actions ,to respond to emergency situations 7#a7 ,determination 7,a7 ,in general ,the ,secretary may make a determination that an emergency situation exists with respect to ,national ,forest ,system land4 7,b7 ,review ,an emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part #bah of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7,c7 ,applicability ,an emergency situation determination shall not be subject to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable law4 7#b7 ,authorized emergency actions ,after making an emergency situation determination with respect to ,national ,forest ,system land1 the ,secretary may carry out emergency actions on that ,national ,forest ,system land1 including through-- 7,a7 the salvage of dead or dying trees2 7,b7 the harvest of trees damaged by wind or ice2 7,c7 the commercial and noncommercial sanitation harvest of trees to control insects or disease1 including trees already infested with insects or disease2 7,d7 the reforestation or replanting of fire-impacted areas through planting1 control of competing vegetation1 or other activities that enhance natural regeneration and restore forest species2 7,e7 the removal of hazardous trees in close proximity to roads and trails2 7,f7 the reconstruction of existing utility lines2 and 7,g7 the replacement of underground cables4 7#c7 ,relation to land and resource management plans ,to the maximum extent practicable1 an emergency action carried out under paragraph 7#b7 shall be conducted consistent with the land and resource management plan4 7#d7 ,acreage limitations ,a treatment area covered by an emergency situation determination on which an emergency action is carried out pursuant to paragraph 7#b7 shall consist of not more than #aj1jjj acres of ,national ,forest ,system land4 7c7 ,environmental analysis 7#a7 ,environmental assessment or environmental impact statement ,if the ,secretary determines that an emergency action requires an environmental assessment or an environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b771 the ,secretary shall study1 develop1 and describe-- 7,a7 the proposed agency action2 and 7,b7 the alternative of no action4 7#b7 ,public notice ,the ,secretary shall provide notice of each emergency action that the ,secretary determines requires an environmental assessment or environmental impact statement under paragraph 7#a71 in accordance with applicable regulations and administrative guidelines4 7#c7 ,public comment ,the ,secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph 7#a74 7#d7 ,savings clause ,nothing in this subsection prohibits the ,secretary from making an emergency situation determination1 including a determination that an emergency exists pursuant to section #bbj4d7;b7 of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 that makes it necessary to take an emergency action before preparing an environmental assessment or environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,administrative review of emergency actions ,an emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae7 and section #dbh of the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjab 7#af ,u4,s4,c4 #feae note2 ,public ,law #aab-gd74 7e7 ,judicial review of emergency actions ,section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf7 shall apply to an emergency action carried out under this section4 #aje4 ,new information in land management plans 7a7 ,reinitiation of consultation2 actions on ,federal land 7#a7 ,in general ,the ,secretary concerned shall not be required to reinitiate consultation under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b77 on a ,federal action described in subsection 7b7 for new information affecting the listing of a species as threatened or endangered or the designation of critical habitat under that ,act 7#af ,u4,s4,c4 #aeca et seq47 unless the new information was-- 7,a7 influential scientific information 7as defined in the guidance document prepared by the ,office of ,management and ,budget entitled ,final ,information ,quality ,bulletin for ,peer ,review and dated ,december #af1 #bjjd72 7,b7 peer reviewed2 and 7,c7 printed in a publication that is publicly accessible4 7#b7 ,actions on ,federal land ,while any consultation initiated under paragraph 7#a7 is pending1 the ,secretary concerned may take an action on ,federal land to implement a land management plan1 a resource management plan1 or a regulation relating to ,federal land that is the subject of the new information1 if the ,secretary concerned complies with section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 regarding that action4 7b7 ,federal actions described ,a ,federal action referred to in subsection 7a7 is any of the following3 7#a7 ,an action on ,federal land4 7#b7 ,a land management plan or resource management plan4 7c7 ,irreversible or irretrievable commitments ,an action described in subsection 7a77#b7 shall not be considered an irreversible or irretrievable commitment of resources to implement a land management plan1 a resource management plan1 or a regulation relating to ,federal land4 7d7 ,effect of section ,nothing in this section affects any applicable requirement of the ,secretary concerned to consult with the head of any other ,federal department or agency-- 7#a7 regarding any project carried out1 or proposed to be carried out1 to implement a land management plan or resource management plan pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 including any requirement to consult regarding the consideration of cumulative impacts of completed1 ongoing1 and planned projects2 or 7#b7 with respect to-- 7,a7 an amendment or revision to a land management plan2 or 7,b7 a regulation relating to ,federal land4 #ajf4 ,hazard mitigation using disaster assistance ,section #djd7;f77#ab7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7f77#ab77 is amended-- 7#a7 by inserting and wildfire after windstorm2 7#b7 by striking including replacing and inserting the following3 including-- 7,a7 replacing 2 7#c7 in subparagraph 7,a7 7as so designated7-- 7,a7 by inserting 1 wildfire1 after extreme wind2 and 7,b7 by adding and after the semicolon at the end2 and 7#d7 by adding at the end the following3 7,b7 the installation of fire-resistant wires and infrastructure and the undergrounding of wires2 4 ,,ii ,biomass #bja4 ,biomass energy infrastructure program 7a7 ,definitions ,in this section3 7#a7 ,area of economic need ,the term area of economic need has the meaning given the term qualified opportunity zone in section #adjj,z-#a7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,biomass ,the term biomass means slash1 thinnings1 or invasive species from ,national ,forest ,system land and public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb77 that-- 7,a7 are byproducts of preventive treatments that are removed-- 7i7 to reduce hazardous fuels2 7ii7 to reduce or contain disease or insect infestation2 or 7iii7 to restore ecosystem health2 7,b7 are byproducts of wildfire fuel treatments2 7,c7 would not otherwise be used for higher-value products2 and 7,d7 are harvested-- 7i7 in accordance with applicable law and land management plans2 7ii7 in accordance with the requirements for-- 7,i7 old-growth maintenance1 restoration1 and management direction under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7e7 of section #ajb of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feab72 and 7,,ii7 large tree retention under subsection 7f7 of that section2 and 7iii7 in a manner that retains a minimum quantity of coarse woody debris for habitat1 nutrient recycling1 and soil conservation4 7#c7 ,biomass conversion facility ,the term biomass conversion facility means a facility that converts or proposes to convert biomass1 including through gasification1 into-- 7,a7 heat2 7,b7 power2 7,c7 biobased products2 7,d7 advanced biofuels2 or 7,e7 any combination of the outputs described in subparagraphs 7,a7 through 7,d74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a business2 7,b7 a limited liability company2 7,c7 a cooperative or an entity with a business arrangement similar to a cooperative1 as determined by the ,secretary2 7,d7 a nonprofit organization2 and 7,e7 a public entity4 7#e7 ,high hazard zone ,the term high hazard zone means an area identified as being at high risk of wildfire-- 7,a7 through the use of a fire hazard mapping tool2 and 7,b7 by-- 7i7 the ,secretary2 and 7ii7 the ,governor of the ,state in which the area is located4 7#f7 ,program ,the term program means the program established under subsection 7b74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide grants1 direct loans1 and loan guarantees to eligible entities-- 7#a7 to establish a biomass conversion facility2 7#b7 to expand the infrastructure of a biomass conversion facility2 7#c7 to make infrastructure or technological changes to a biomass conversion facility2 or 7#d7 to remove1 harvest1 and transport dead or dying trees and small diameter low-value trees4 7c7 ,grant amount 7#a7 ,in general ,the amount of a grant awarded under the program shall be based on-- 7,a7 in the case of a grant for an activity described in paragraphs 7#a7 through 7#c7 of subsection 7b71 the number of kilowatt hours of energy generated by the biomass conversion facility2 and 7,b7 in the case of a grant for an activity described in paragraph 7#d7 of that subsection1 the contribution of the activity to reducing the risk of wildfire in high hazard zones4 7#b7 ,maximum payment ,an eligible entity shall not receive more than #gej1jjj in grant funds under the program in a single calendar year4 7d7 ,priorities ,in awarding a grant1 direct loan1 or loan guarantee under the program1 the ,secretary shall give priority to an eligible entity that-- 7#a7 seeks to remove dead or dying trees and small diameter low-value trees2 7#b7 seeks to locate a biomass conversion facility in-- 7,a7 an area of economic need2 or 7,b7 an area in which there has been a decline in forest occupation1 as determined by the ,secretary2 or 7#c7 is a small business1 as determined by the ,administrator of the ,small ,business ,administration4 7e7 ,grant matching requirement ,each eligible entity that receives a grant under the program shall provide an amount equal to #ej percent of the amount of the grant to carry out the activities supported by the grant4 7f7 ,funding ,there is authorized to be appropriated to the ,secretary #ajj1jjj1jjj to award grants under the program1 to remain available until expended4 ,,iii ,timber exports #cja4 ,exemption to prohibition on export of unprocessed timber of dead and dying trees in the ,state of ,california ,section #dhi of the ,forest ,resources ,conservation and ,shortage ,relief ,act of #aiij 7#af ,u4,s4,c4 #fbj;a7 is amended-- 7#a7 in subsection 7a71 by inserting before the period at the end the following3 or such timber is exempted under subsection 7c742 7#b7 in subsection 7b77#a7-- 7,a7 by striking to specific and inserting the following3 to-- 7,a7 specific 2 7,b7 in subparagraph 7,a7 7as so designated71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,b7 unprocessed timber originating from ,national ,forest ,system land in the ,state of ,california that-- 7i7 is included in a hazardous fuels reduction treatment2 and 7ii7 for which there is no current domestic market4 2 and 7#c7 by adding at the end the following3 7c7 ,exemption for unprocessed surplus timber of dead and dying trees in the ,state of ,california 7#a7 ,definitions ,in this subsection3 7,a7 ,dead ,the term dead1 with respect to a tree1 means that the tree is designated by a registered professional forester or a designee of the ,secretary concerned as dead4 7,b7 ,dying ,the term dying1 with respect to a tree1 means that-- 7i7 7,i7 #ej percent or greater of the foliage-bearing crown of the tree is dead or fading in color 7other than through normal autumn coloration changes7 from a normal green to a yellow1 sorrel1 or brown2 7,,ii7 successful bark beetle attacks are exhibited on the tree1 with indications of dead cambium and brood development distributed around the circumference of the bole of the tree2 or 7,,iii7 #ej percent or greater of the circumference of the lower bole of the tree is girdled by wildlife2 or 7ii7 the tree is designated by a registered professional forester or a designee of the ,secretary concerned as likely to die within #a year4 7,c7 ,state ,the term ,state means the ,state of ,california4 7#b7 ,application of prohibition ,subject to paragraph 7#c71 the prohibition under subsection 7a7 shall not apply to unprocessed surplus timber originating from a dead or dying tree on ,federal land in the ,state4 7#c7 ,determination of surplus species 7,a7 ,in general ,not later than #fj days after the date of enactment of the ,emergency ,wildfire and ,public ,safety ,act of #bjbj1 and each year thereafter1 the ,secretary concerned shall issue a list establishing which species and sizes of trees are considered to be surplus for purposes of paragraph 7#b74 7,b7 ,implementation ,except with respect to the first list issued under subparagraph 7,a71 the ,secretary concerned shall implement and administer this paragraph in accordance with-- 7i7 the rulemaking and notice and comment provisions of section #eec of title #e1 ,united ,states ,code2 and 7ii7 chapter #ce of title #dd1 ,united ,states ,code 7commonly known as the ,paperwork ,reduction ,act74 7#d7 ,preference for domestic timber processing ,notwithstanding the exemption described in paragraph 7#b71 the ,secretary concerned1 to the maximum extent practicable1 shall give preference for domestic processing of timber covered by the exemption4 7#e7 ,inapplicability of substitution limitations ,section #dij shall not apply to unprocessed surplus timber exempted under paragraph 7#b74 7#f7 ,reporting requirement ,not later than ,march #a1 #bjbc1 the ,secretaries concerned shall submit to ,congress a report evaluating the impacts of the exemption described in paragraph 7#b7 on forest health1 domestic timber supply1 local processing capacity1 reduction in risk from wildfire1 public safety1 and the total quantity of timber exported4 7#g7 ,termination of effectiveness ,this subsection shall cease to be effective on the date that is #e years after the date of enactment of the ,emergency ,wildfire and ,public ,safety ,act of #bjbj4 4 ,,iv ,other matters #dja4 ,innovative forest workforce development program 7a7 ,definitions ,in this section3 7#a7 ,career in the forest sector ,the term career in the forest sector means a career in forestry1 including-- 7,a7 in timber operations2 7,b7 as a registered professional forester2 7,c7 in vegetation treatment1 including as a member of a hand crew1 a machine operator1 and in conducting prescribed fires2 7,d7 in ecological restoration1 including restoration of watersheds2 7,e7 in wildland fire fighting2 and 7,f7 in community fire resilience1 including workforce development projects4 7#b7 ,forest sector ,the term forest sector includes the areas of forestry described in subparagraphs 7,a7 through 7,f7 of paragraph 7#a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,grants authorized ,the ,secretary shall establish a competitive grant program-- 7#a7 to assist in the development and utilization of innovative activities relating to workforce development in the forest sector and opportunities for careers in the forest sector2 and 7#b7 to expand public awareness about the forest sector and connect individuals to careers in the forest sector4 7c7 ,selection of grant recipients ,in awarding grants under subsection 7b71 the ,secretary shall1 to the extent practicable1 select nonprofit professional or service organizations1 labor organizations1 ,state agencies1 community colleges1 institutions of higher education1 or other training and educational institutions-- 7#a7 that have qualifications and experience-- 7,a7 in the development of training programs and curricula relevant to the workforce needs of the forest sector2 7,b7 working in cooperation with the forest sector2 or 7,c7 developing public education materials appropriate for communicating with groups of various ages and educational backgrounds2 and 7#b7 that will address the human resources and workforce needs of the forest sector4 7d7 ,use of funds ,grants awarded under subsection 7b7 may be used for activities such as-- 7#a7 targeted internship1 apprenticeship1 pre-apprenticeship1 and post-secondary bridge programs for skilled forest sector trades that provide-- 7,a7 on-the-job training2 7,b7 skills development2 7,c7 test preparation for skilled trade apprenticeships2 7,d7 advance training in the forest sector relating to jobs as forest restorationists1 members of hand crews1 wildland fire fighters1 machine operators1 licensed timber operators1 registered professional foresters1 ecologists1 biologists1 or workers in construction in support of resilient infrastructure1 including residential buildings2 or 7,e7 other support services to facilitate post-secondary success2 7#b7 education programs designed for elementary1 secondary1 and higher education students that-- 7,a7 inform people about the role of forestry1 vegetation management1 and ecological restoration in the communities of those people2 7,b7 increase the awareness of opportunities for careers in the forest sector and exposure of students to those careers through various work-based learning opportunities inside and outside the classroom2 and 7,c7 connect students to pathways to careers in the forest sector2 7#c7 the development of a model curriculum and related vocational programs to be adopted by community colleges1 which1 to the extent practicable and feasible1 shall-- 7,a7 provide professional training in implementing prescribed fire projects1 including the knowledge and skills necessary to plan and implement broad-scale surface and ladder fuel treatments within the wildland-urban interface1 wildlands1 and urbanized areas1 as appropriate2 7,b7 include a focus on the ecological concerns1 economics1 and practices necessary to improve community safety and forest resilience2 and 7,c7 train students in-- 7i7 the retrofitting of houses1 including the use of fire-resistant materials and the maintenance of defensible space2 7ii7 urban forestry2 and 7iii7 policies or guidance relating to the management of vegetation near utility infrastructure and relevant portions of electric utility wildfire mitigation plans2 7#d7 regional industry and workforce development collaborations1 including the coordination of candidate development1 particularly in areas of high unemployment2 7#e7 integrated learning laboratories in secondary educational institutions that provide students with-- 7,a7 hands-on1 contextualized learning opportunities2 7,b7 dual enrollment credit for post-secondary education and training programs2 and 7,c7 direct connection to industry or government employers2 and 7#f7 leadership development1 occupational training1 mentoring1 or cross-training programs that ensure that workers are prepared for high-level supervisory or management-level positions4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section such sums as are necessary4 #djb4 ,western prescribed fire center 7a7 ,in general ,the ,secretary of ,agriculture and the ,secretary of the ,interior 7referred to in this section as the ,secretaries7 shall establish a center to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk 7referred to in this section as the center74 7b7 ,location 7#a7 ,in general ,the center shall be located in any ,state the entirety of which is located west of the #ajjth meridian4 7#b7 ,consultation ,the ,secretaries shall consult with the ,joint ,fire ,science ,program to solicit and evaluate proposals for the location of the center4 7#c7 ,selection ,not later than #a year after the date of enactment of this ,act1 based on the consultation under paragraph 7#b71 the ,secretaries shall select a location for the center4 #djc4 ,retrofits for fire-resilient communities 7a7 ,definition of weatherization materials ,section #dab7i7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77 is amended-- 7#a7 in subparagraph 7,i71 by striking and at the end2 7#b7 by redesignating subparagraph 7,j7 as subparagraph 7,k72 and 7#c7 by inserting after subparagraph 7,i7 the following3 7,j7 materials that are resistant to high heat and fire2 and 4 7b7 ,weatherization program 7#a7 ,in general ,section #dac7;b77#e7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77#e77 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 owners of such dwelling units shall use fire- and drought-resistant building materials and incorporate wildfire and drought prevention and mitigation planning1 as directed by the ,state4 4 7#b7 ,limitations ,section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,a7 through 7,e7 as clauses 7i7 through 7v71 respectively1 and indenting appropriately2 7ii7 in the matter preceding clause 7i7 7as so redesignated71 in the second sentence1 by striking ,labor and all that follows through to-- and inserting the following3 7,b7 ,labor and weatherization materials ,labor1 weatherization materials1 and related matter described in subparagraph 7,a7 includes-- 2 7iii7 by striking 7c77#a7 ,except and inserting the following3 7c7 ,financial assistance 7#a7 ,average cost 7,a7 ,in general ,except 2 7iv7 in subparagraph 7,a7 7as so designated7-- 7,i7 by striking exceed an average of #f1ejj and inserting the following3 exceed-- 7i7 an average of #ac1jjj 7adjusted annually for inflation7 2 7,,ii7 in clause 7i7 7as so designated71 by striking the period at the end and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7ii7 another average amount that is greater than the amount described in clause 7i71 if the ,secretary determines it necessary to waive or adjust the average amount established under that clause4 2 and 7v7 in subparagraph 7,b7 7as so designated7-- 7,i7 in clause 7iv7 7as so redesignated71 by striking 1 and and inserting 2 and2 and 7,,ii7 in clause 7v7 7as so redesignated71 by adding a period at the end2 and 7,b7 in paragraph 7#d71 by striking #c1jjj and inserting #f1jjj 7adjusted annually for inflation74 #djd4 ,critical infrastructure and microgrid program 7a7 ,definitions ,in this section3 7#a7 ,critical facility 7,a7 ,in general ,the term critical facility means a facility that provides services or may be used-- 7i7 to save lives2 7ii7 to protect property1 public health1 and public safety2 or 7iii7 to lessen or avert the threat of a catastrophe4 7,b7 ,inclusions ,the term critical facility includes-- 7i7 a hospital2 7ii7 an outpatient clinic2 7iii7 a nursing home2 7iv7 a police station2 7v7 an emergency operation center2 7vi7 a jail or prison2 7vii7 a fire station2 7viii7 a facility in the communications sector1 as determined by the ,secretary2 7ix7 a facility in the chemical sector1 as determined by the ,secretary2 7x7 a school or other large building that may serve as a temporary gathering space2 7xi7 a utility station1 such as a water and wastewater station2 and 7xii7 any facility described in subparagraph 7,a7 that is owned or operated by1 or provides services to1 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,critical infrastructure and microgrid program ,the ,secretary shall use the funds made available under subsection 7d7-- 7#a7 to improve the energy resilience and power needs of critical facilities through the use of microgrids1 renewable energy1 energy efficiency1 and on-site storage2 and 7#b7 to improve the energy efficiency of critical facilities by decreasing the size and cost of generators4 7c7 ,use of funds ,in carrying out subsection 7b71 the ,secretary shall ensure that the funds made available under subsection 7d7 shall be used for1 with respect to critical facilities-- 7#a7 provision of on-site back-up power with renewable and low-carbon liquid fuels2 and 7#b7 installation1 at the transmission and distribution level1 of interoperable technologies1 advanced power flow control1 dynamic line rating1 topology optimization1 and communications systems4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #ajj1jjj1jjj to carry out this section1 to remain available until expended4