,,ii #aahth ,,congress #b;d ,session ,s4 #dfbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bj1 #bjbd,mr4 ,kelly 7for himself and ,mr4 ,romney7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to improve wildfire mitigation1 management1 and recovery1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,mitigation and ,building ,effective ,resilience ,act or the ,,ember ,act4 #b4 ,wildfire mitigation1 management1 and recovery 7a7 ,state1 local1 and tribal matching funds waiver and reduction authority 7#a7 ,in general ,the ,secretary of ,agriculture1 the ,secretary of the ,interior1 or the ,administrator of the ,federal ,emergency ,management ,agency ,administrator 7referred to in this ,act as the ,,fema ,administrator7 may reduce or waive applicant matching or cost-sharing requirements applicable to funds provided by the ,secretary of ,agriculture1 the ,secretary of the ,interior1 or the ,,fema ,administrator1 respectively1 to a ,state1 ,indian ,tribe1 county1 municipality1 or other unit of local government for-- 7,a7 planning or implementing a wildfire mitigation or management project to reduce the risk of wildfire2 7,b7 preparing a needs assessment in preparation for post-wildfire cascading impacts before a wildfire occurs2 or 7,c7 planning or implementing post-wildfire recovery projects on land in the ,state1 county1 municipality1 or other unit of local government or on land of the ,indian ,tribe4 7#b7 ,limitation ,the amount that the ,secretary of ,agriculture1 the ,secretary of the ,interior1 or the ,,fema ,administrator1 as applicable1 may reduce or waive under paragraph 7#a7 shall not exceed the amount that the applicable ,state1 ,indian ,tribe1 county1 municipality1 or other unit of local government expended on the activities described in that paragraph4 7#c7 ,inclusions ,amounts described in paragraph 7#b7 may include amounts used for activities described in paragraph 7#a7 that were collected by a ,state1 ,indian ,tribe1 county1 municipality1 or other unit of local government from-- 7,a7 the sale of bonds2 7,b7 sales taxes1 property taxes1 income taxes1 or other tax revenue sources2 7,c7 the pooling of contributions from customers of a quasi-governmental utility2 or 7,d7 conservation finance agreements4 7b7 ,wood processing inventory 7#a7 ,definition of ,secretary ,in this subsection1 the term ,secretary means the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior4 7#b7 ,inventory1 studies1 and report ,the ,secretary shall-- 7,a7 conduct an inventory of wood processing facilities1 including sawmills and biomass utilization facilities1 in each region of the ,united ,states1 as determined by the ,secretary2 7,b7 conduct additional economic studies1 workforce studies1 and biomass feasibility studies to better understand solutions to the development and redevelopment of regional wood products markets1 as the ,secretary determines to be appropriate2 7,c7 identify each region described in subparagraph 7,a7 that-- 7i7 is at high risk of wildfire1 as determined by the ,secretary2 and 7ii7 does not have a wood processing facility or needs additional wood processing infrastructure or capacity2 and 7,d7 submit a report describing the inventory1 studies1 and regions described in subparagraphs 7,a71 7,b71 and 7,c71 respectively1 to the relevant committees of ,congress1 including-- 7i7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7iii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7iv7 the ,committee on ,appropriations of the ,senate2 7v7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7vi7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7vii7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7viii7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,e7 made the report described in subparagraph 7,d7 publicly available on the website of the ,department of ,agriculture4 7c7 ,land-for-,wood processing program 7#a7 ,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 7#b74 7#b7 ,use ,land authorized under paragraph 7#a7 shall be used for #a or more wood processing facilities1 including sawmills and biomass utilization facilities1 in each region identified under subsection 7b77#b77;,c7 that is included in the report submitted under subsection 7b77#b77;,d74 7d7 ,small business support ,the ,secretary of the ,interior shall enter into cost-share agreements with1 and provide technical assistance to1 ,states1 ,indian ,tribes1 counties1 and municipalities to support small businesses1 as determined by the ,secretary of the ,interior1 that utilize biomass that is a byproduct of wildfire risk reduction and forest restoration activities4 7e7 ,renewable fuel standard program 7#a7 ,renewable identification numbers required ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall-- 7,a7 incorporate into1 and establish pathways for credit under1 the ,renewable ,fuel ,program under section #baa7o7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77 for sustainable aviation fuel1 renewable natural gas1 hydrogen1 biodiesel1 and all other biofuels with the potential to be commercially viable in the #aj-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 lands2 and 7,b7 provide renewable identification numbers for the products described in subparagraph 7,a74 7#b7 ,forest biomass as renewable biomass ,section #baa7o77#a77;,i7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a77;,i77 is amended-- 7,a7 by striking clauses 7iv7 and 7v7 and inserting the following3 7iv7 ,forest biomass1 regardless of whether the biomass is sourced from public or private land1 which may include-- 7,i7 slash2 7,,ii7 pre-commercial thinnings2 7,,iii7 plantation materials and residues2 7,,iv7 biomass obtained from areas at risk of wildfire2 7,v7 sawmill and forest products manufacturing residues2 and 7,,vi7 any other uncontaminated byproduct of forest management and forest products manufacturing4 2 and 7,b7 by redesignating clauses 7vi7 and 7vii7 as clauses 7v7 and 7vi71 respectively4 7f7 ,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 reduction4 7g7 ,biomass utilization ,the ,secretary of ,agriculture and the ,secretary of ,energy shall cooperate to support-- 7#a7 research relating to biomass utilization methods2 and 7#b7 large-scale forest biomass utilization research1 including the development of1 and support for1 pilot projects that promote the utilization and commercialization of biomass as a byproduct of wildfire risk reduction and forest restoration activities4 7h7 ,grazing 7#a7 ,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 ,interior1 respectively1 through the expanded use of flexible1 targeted grazing that-- 7,a7 aligns with wildfire impact reduction objectives and desired environmental conditions and landscape goals in the ecological system in which the grazing is conducted2 and 7,b7 complies with other obligations1 including requirements applicable to congressionally designated wilderness areas4 7#b7 ,department of the ,interior nonrenewable grazing permits and leases ,the ,secretary of the ,interior shall-- 7,a7 direct the use of nonrenewable grazing permits and leases described in section #dacj4f-b of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 to reduce fine fuel loads and the risk of catastrophic wildfire where and when such use is ecologically appropriate2 7,b7 direct the use of cooperative agreements described in section #bi4b of title #ej1 ,code of ,federal ,regulations 7or successor regulations72 and 7,c7 identify and deploy technologies such as remote sensing and virtual fencing to expedite1 simplify1 and encourage the use of nonrenewable grazing permits and leases referred to in subparagraph 7,a7 to reduce fine fuel loads4 7#c7 ,forest ,service temporary grazing permits ,the ,secretary of ,agriculture shall-- 7,a7 direct the issuance of temporary grazing permits under part #bbb of title #cf1 ,code of ,federal ,regulations 7or successor regulations1 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 appropriate2 and 7,b7 identify and deploy technologies such as remote sensing and virtual fencing to expedite1 simplify1 and encourage the use of temporary permits referred to in subparagraph 7,a7 to reduce fine fuel loads4 7i7 ,workforce needs report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security shall jointly prepare and submit to ,congress a report describing-- 7,a7 needs in the ,federal workforce relating to a more comprehensive approach to wildfire management1 including pre-fire mitigation and post-fire recovery in the built and natural environments2 7,b7 positions needed to more effectively partner with and enable the utilization of ,state1 ,tribal1 and local capacity2 and 7,c7 challenges with contract and agreement mechanisms1 including recommendations to reduce staffing and cost burdens relating to ,state1 ,tribal1 and local use of contracts and agreements4 7#b7 ,consultation ,in identifying the positions needed to partner with ,states1 ,indian ,tribes1 and units of local government under paragraph 7#a77;,b71 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security shall consult with-- 7,a7 representative organizations of those entities1 such as the ,national ,governors ,association1 the ,national ,association of ,state ,foresters1 the ,national ,association of ,counties1 the ,national ,league of ,cities1 and the ,national ,congress of ,american ,indians2 and 7,b7 representatives of community nongovernmental organizations and other relevant partners1 including local utility providers1 public safety personnel1 fire service representatives1 and emergency managers1 including ,state hazard mitigation officers4 7j7 ,incident recovery 7#a7 ,in general ,the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security1 acting through the ,,fema ,administrator1 shall jointly develop policies and guidance for post-fire incident recovery1 specifically relating to the transition between wildfire response and the wildfire recovery period4 7#b7 ,inclusions ,the policies and guidance developed under paragraph 7#a7 shall-- 7,a7 identify areas for coordination between ,federal agencies2 7,b7 support consistent implementation of incident response and recovery policies across landscapes2 and 7,c7 provide a pathway with defined timeframes and areas of ,federal responsibility for the transition between wildfire operations and locally led recovery efforts4 7#c7 ,updates and review ,not later than #a year after the date of enactment of this ,act1 the ,,fema ,administrator shall-- 7,a7 update the ,public ,assistance ,program and ,policy ,guide of the ,federal ,emergency ,management ,agency to include guidance on wildfire-specific recovery challenges1 including debris removal1 emergency protective measures1 and toxicity of drinking water resources resulting from wildfire2 7,b7 conduct a review of the criteria for evaluating the cost-effectiveness of projects intended to mitigate the impacts of wildfire under sections #bjc and #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc2 #eagj;c71 including-- 7i7 the establishment of pre-calculated benefits criterion for common defensible space mitigation projects for wildfire mitigation2 7ii7 the use of nature-based infrastructure in wildfire mitigation2 7iii7 considerations for vegetation management for wildfire mitigation2 7iv7 reducing the negative effects of wildfire smoke on public health2 and 7v7 lessening the impact of wildfires on water infrastructure2 and 7,c7 issue such guidance as is necessary to-- 7i7 update criteria described in subparagraph 7,b71 based on the results of the review conducted under that subparagraph2 and 7ii7 prioritize projects under sections #bjc and #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc2 #eagj;c7 based on the criteria updated under clause 7i74 7k7 ,emergency watershed protection program cross-,boundary funding ,section #djc of the ,agricultural ,credit ,act of #aigh 7#af ,u4,s4,c4 #bbjc7 is amended by adding at the end the following3 7c7 ,cross-,boundary funding ,the ,secretary may undertake emergency watershed protection measures under this section across boundaries between ,federal land 7including land managed by different ,federal agencies71 ,state land1 and private land for the purpose of protecting lives1 property1 or resources at risk as a result of the applicable impairment described in subsection 7a74 4 7l7 ,funding to water entities 7#a7 ,definition of covered agency ,in this subsection1 the term covered agency means-- 7,a7 the ,environmental ,protection ,agency2 7,b7 the ,department of ,housing and ,urban ,development2 7,c7 the ,department of ,agriculture2 7,d7 the ,federal ,emergency ,management ,agency2 and 7,e7 the ,department of the ,interior4 7#b7 ,requirement ,after a wildfire has occurred1 as determined by the head of the applicable covered agency1 the head of the covered agency shall expedite to less than #ij days after the wildfire occurred the provision of grants under grant programs carried out by the covered agency1 for the purpose of maintaining drinking water delivery in the area in which the wildfire occurred1 for-- 7,a7 drinking water collection and delivery restoration and repair2 7,b7 drinking water plant restoration and repair2 7,c7 the development of additional drinking water treatment infrastructure2 and 7,d7 the development of access to alternative sources of drinking water4 7#c7 ,indirect costs ,notwithstanding any other provision of law1 a grant provided using the authority to expedite grants under paragraph 7#b7 may be used to restore and repair drinking water collection systems1 delivery systems1 and treatment plants damaged by direct flame contact or indirect impacts of wildfire1 such as damage to infrastructure from increased sediment delivery resulting from a burned watershed4 7m7 ,joint ,chiefs ,landscape ,restoration ,partnership ,program ,section #djhjh7;d7 of the ,infrastructure ,investment and ,jobs ,act 7#af ,u4,s4,c4 #feib;d7d77 is amended-- 7#a7 in paragraph 7#a77;,f71 by striking and at the end2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 whether the proposal enhances drought and wildfire resilience2 and 4 7n7 ,national ,science and ,technology ,council ,wildfire ,subcommittee ,the ,president shall establish within the ,environmental ,committee of the ,national ,science and ,technology ,council a ,wildfire ,subcommittee1 which shall1 in coordination with non-,federal partners1 prioritize1 review1 and direct funding to-- 7#a7 reports on areas in which research is needed relating to effective pre-fire mitigation and post-fire recovery2 7#b7 the development of new fire models to better reflect scientific advancements and altered fire behavior under current and future climate conditions2 7#c7 map and model the current and anticipated development of communities and infrastructure and include the built environment in fuel models2 7#d7 study behavioral and social sciences to better understand and guide public and individual decision-making2 and 7#e7 study organizational science to support adaptation of effective pre-fire mitigation and post-fire recovery strategies by ,federal1 ,state1 ,tribal1 and local agencies4 7o7 ,local wildfire training ,the ,secretary of ,homeland ,security1 acting through the ,united ,states ,fire ,administrator1 in consultation with the ,secretary of ,agriculture and the ,secretary of the ,interior1 shall develop1 coordinate1 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 wildfires4 7p7 ,quantitative and qualitative review ,every #e years1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security1 acting through the ,,fema ,administrator and ,united ,states ,fire ,administrator1 shall jointly-- 7#a7 conduct a quantitative and qualitative review of the comprehensive wildfire environment1 including-- 7,a7 an analysis of wildfire mitigation work completed and wildfire recovery efforts undertaken2 7,b7 changes in the built and natural environments2 7,c7 impacts to public health from wildfire2 7,d7 an assessment of the level of integration of planning and implementation across all temporal phases of wildfire2 7,e7 an assessment of anticipated changes and challenges in wildfire management in the upcoming decade2 and 7,f7 policy recommendations to address needed changes2 7#b7 submit a report describing the findings of the review under paragraph 7#a7 to the relevant committees of ,congress1 including the committees described in subsection 7b77#b77;,d72 and 7#c7 make publicly available the report submitted under paragraph 7#b74 7q7 ,bureau of ,land ,management land transfers 7#a7 ,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 7#b74 7#b7 ,use ,land transferred under paragraph 7#a7 shall be used for wildfire mitigation and restoration workforce housing for the ,indian ,tribe4 7r7 ,tribal participation ,the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 and the ,secretary of the ,interior shall enter into contracts and agreements with1 and provide grants to1 ,indian ,tribes to promote participation of ,indian ,tribes in wildfire response1 mitigation1 and management4 7s7 ,panel ,to study ,tribal inclusion 7#a7 ,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 response1 mitigation1 and co-stewardship4 7#b7 ,members ,the panel established under paragraph 7#a7 shall be composed of #i members1 each of whom shall represent an ,indian ,tribe with forestry interests or at risk of wildfire4 7#c7 ,duties ,not later than #a year after the date of enactment of this ,act1 the panel established under paragraph 7#a7 shall-- 7,a7 conduct a study to identify opportunities described in paragraph 7#a72 and 7,b7 make available on a publicly accessible website a report describing the opportunities identified through the study under subparagraph 7,a74 7t7 ,wildfire cascading impacts 7#a7 ,in general ,with respect to a wildfire that results in the declaration of a major disaster pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,,fema ,administrator shall hold the incident period open for #a year1 beginning on the date of fire containment1 for emergency assistance under section #djc of that ,act 7#db ,u4,s4,c4 #eagj;b7 required from flooding1 mud flow1 or debris flow resulting from the wildfire4 7#b7 ,risk-based monitoring plans ,with respect to a wildfire described in paragraph 7#a71 an agency requesting emergency assistance may submit to the ,,fema ,administrator a risk-based monitoring plan1 which shall include-- 7,a7 an assessment of the risk of debris flows1 flooding or other impact resulting from the wildfire2 7,b7 a plan for monitoring the risk and alerting the public to imminent threats to life and property2 and 7,c7 an estimate of the duration of the risk4 7#c7 ,extension 7,a7 ,in general ,upon submission of a risk-based monitoring plan described in paragraph 7#b71 the ,,fema ,administrator shall extend the incident period1 holding the incident period open until the earlier of the end of-- 7i7 the estimated duration of the risk2 or 7ii7 #e years after the date of fire containment4 7,b7 ,deemed granted ,if the ,,fema ,administrator takes no action during the #ij-;day period after submission of a risk-based monitoring plan described in paragraph 7#b71 an extension of the relevant incident period under subparagraph 7,a7 shall be deemed granted4 7u7 ,categorical exclusion ,the ,secretary of ,homeland ,security1 in coordination with the ,,fema ,administrator shall amend the ,department of ,homeland ,security ,instruction ,manual on ,implementation of the ,national ,environmental ,policy ,act 7,instruction ,manual #jbc-ja-jja-ja1 ,revision #ja7 to include post-fire revegetation1 waterway protection1 water resource protection1 and other post-fire community environmental needs in the list of categorical exclusions4 7v7 ,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 ,interior1 respectively1 to utilize existing interagency resource ordering systems for prescribed fire assignments4 7w7 ,programmatic environmental analyses ,the ,secretary of ,agriculture and the ,secretary of the ,interior shall-- 7#a7 increase the use of programmatic environmental analyses that are broad1 include similar or connected projects1 are large in scale1 or will be implemented over a longer period of time1 with appropriate ,tribal consultation and incorporation of ,indigenous knowledge2 and 7#b7 use phased planning for projects on large landscapes4 7x7 ,performance metrics ,the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security1 acting through the ,,fema ,administrator1 shall jointly revise performance metrics applicable to land management agencies and the ,united ,states ,fire ,administration to include-- 7#a7 the number of protected assets and values1 including sacred sites and other cultural resources and values2 7#b7 the degree to which long-term risks to landscapes are reduced and landscapes are maintained in a more resilient state2 7#c7 watershed conditions1 fuels reduction outcomes1 biodiversity1 and ecosystem services benefits2 and 7#d7 social metrics1 including collaboration1 community empowerment1 and partnerships4 7y7 ,uniform datasets ,the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,homeland ,security1 acting through the ,united ,states ,fire ,administrator1 shall jointly develop and maintain uniform wildfire hazard datasets4