16 U.S.C. § 6592 — Wildfire risk reduction

Page 2624 TITLE 16—CONSERVATION § 6592 (e) Disposal of vegetative material Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may be— (1) used for— (A) fuel wood; or (B) other products; or (2) piled or burned, or both. (f) Treatment for temporary roads (1) In general Notwithstanding subsection (a)(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical exclusion under subsection (b)— (A) shall be used by the Secretary con- cerned for the covered vegetation manage- ment activity for not more than 2 years; and (B) shall be decommissioned by the Sec- retary concerned not later than 3 years after the earlier of the date on which— (i) the temporary road is no longer need- ed; and (ii) the project is completed. (2) Requirement A treatment under paragraph (1) shall in- clude reestablishing native vegetative cover— (A) as soon as practicable; but (B) not later than 10 years after the date of completion of the applicable covered vegeta- tion management activity. (g) Limitations (1) Project size A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres. (2) Location A covered vegetation management activity carried out on National Forest System land that is covered by the categorical exclusion under subsection (b) shall be limited to areas designated under section 6591a(b) of this title, as of December 20, 2018. (Pub. L. 108–148, title VI, § 606, as added Pub. L. 115–334, title VIII, § 8611, Dec. 20, 2018, 132 Stat. 4848.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(2)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 6592. Wildfire risk reduction (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (c), $3,369,200,000 for the period of fis- cal years 2022 through 2026. (b) Treatment Of the Federal land or Indian forest land or rangeland that has been identified as having a very high wildfire hazard potential, the Sec- retary of the Interior and the Secretary of Agri- culture, acting through the Chief of the Forest Service, shall, by not later than September 30, 2027, conduct restoration treatments and im- prove the Fire Regime Condition Class of 10,000,000 acres that are located in— (1) the wildland-urban interface; or (2) a public drinking water source area. (c) Activities Of the amounts made available under sub- section (a) for the period of fiscal years 2022 through 2026— (1) $20,000,000 shall be made available for en- tering into an agreement with the Adminis- trator of the National Oceanic and Atmos- pheric Administration to establish and oper- ate a program that makes use of the Geo- stationary Operational Environmental Sat- ellite Program to rapidly detect and report wildfire starts in all areas in which the Sec- retary of the Interior or the Secretary of Agri- culture has financial responsibility for wildland fire protection and prevention, of which— (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; (2) $600,000,000 shall be made available for the salaries and expenses of Federal wildland firefighters in accordance with subsection (d), of which— (A) $120,000,000 shall be made available to the Secretary of the Interior; and (B) $480,000,000 shall be made available to the Secretary of Agriculture; (3) $10,000,000 shall be made available to the Secretary of the Interior to acquire tech- nology and infrastructure for each Type I and Type II incident management team to main- tain interoperability with respect to the radio frequencies used by any responding agency; (4) $30,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to States, Indian Tribes, and units of local government to establish and operate Reverse-911 telecommunication systems; (5) $50,000,000 shall be made available to the Secretary of the Interior to establish and im- plement a pilot program to provide to local governments financial assistance for the ac- quisition of slip-on tanker units to establish fleets of vehicles that can be quickly con- verted to be operated as fire engines; (6) $1,200,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to develop and publish, not later than 180 days after Novem- ber 15, 2021, and every 5 years thereafter, a map depicting at-risk communities (as defined in section 6511 of this title), including Tribal at-risk communities; (7) $100,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture— Page 2625 TITLE 16—CONSERVATION § 6592 (A) for— (i) preplanning fire response workshops that develop— (I) potential operational delineations; and (II) select potential control locations; and (ii) workforce training for staff, non-Fed- eral firefighters, and Native village fire crews for— (I) wildland firefighting; and (II) increasing the pace and scale of vegetation treatments, including train- ing on how to prepare and implement large landscape treatments; and (B) of which— (i) $50,000,000 shall be made available to the Secretary of the Interior; and (ii) $50,000,000 shall be made available to the Secretary of Agriculture; (8) $20,000,000 shall be made available to the Secretary of Agriculture to enter into an agreement with a Southwest Ecological Res- toration Institute established under the Southwest Forest Health and Wildfire Preven- tion Act of 2004 (16 U.S.C. 6701 et seq.)— (A) to compile and display existing data, including geographic data, for hazardous fuel reduction or wildfire prevention treat- ments undertaken by the Secretary of the Interior or the Secretary of Agriculture, in- cluding treatments undertaken with funding provided under this title; (B) to compile and display existing data, including geographic data, for large wildfires, as defined by the National Wildfire Coordinating Group, that occur in the United States; (C) to facilitate coordination and use of ex- isting and future interagency fuel treatment data, including geographic data, for the pur- poses of— (i) assessing and planning cross-bound- ary fuel treatments; and (ii) monitoring the effects of treatments on wildfire outcomes and ecosystem res- toration services, using the data compiled under subparagraphs (A) and (B); (D) to publish a report every 5 years show- ing the extent to which treatments de- scribed in subparagraph (A) and previous wildfires affect the boundaries of wildfires, categorized by— (i) Federal land management agency; (ii) region of the United States; and (iii) treatment type; and (E) to carry out other related activities of a Southwest Ecological Restoration Insti- tute, as authorized by the Southwest Forest Health and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.); (9) $20,000,000 shall be available for activities conducted under the Joint Fire Science Pro- gram, of which— (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; (10) $100,000,000 shall be made available to the Secretary of Agriculture for collaboration and collaboration-based activities, including facilitation, certification of collaboratives, and planning and implementing projects under the Collaborative Forest Landscape Restora- tion Program established under section 7303 of this title in accordance with subsection (e); (11) $500,000,000 shall be made available to the Secretary of the Interior and the Sec- retary of Agriculture— (A) for— (i) conducting mechanical thinning and timber harvesting in an ecologically ap- propriate manner that maximizes the re- tention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; or (ii) precommercial thinning in young growth stands for wildlife habitat benefits to provide subsistence resources; and (B) of which— (i) $100,000,000 shall be made available to the Secretary of the Interior; and (ii) $400,000,000 shall be made available to the Secretary of Agriculture; (12) $500,000,000 shall be made available to the Secretary of Agriculture, in cooperation with States, to award community wildfire de- fense grants to at-risk communities in accord- ance with subsection (f); (13) $500,000,000 shall be made available for planning and conducting prescribed fires and related activities, of which— (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (14) $500,000,000 shall be made available for developing or improving potential control lo- cations, in accordance with paragraph (7)(A)(i)(II), including installing fuelbreaks (including fuelbreaks studied under subsection (i)), with a focus on shaded fuelbreaks when ecologically appropriate, of which— (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (15) $200,000,000 shall be made available for contracting or employing crews of laborers to modify and remove flammable vegetation on Federal land and for using materials from treatments, to the extent practicable, to produce biochar and other innovative wood products, including through the use of existing locally based organizations that engage young adults, Native youth, and veterans in service projects, such as youth and conservation corps, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (16) $200,000,000 shall be made available for post-fire restoration activities that are imple- mented not later than 3 years after the date that a wildland fire is contained, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and Page 2626 TITLE 16—CONSERVATION § 6592 (B) $100,000,000 shall be made available to the Secretary of Agriculture; (17) $8,000,000 shall be made available to the Secretary of Agriculture— (A) to provide feedstock to firewood banks; and (B) to provide financial assistance for the operation of firewood banks; and (18) $10,000,000 shall be available to the Sec- retary of the Interior and the Secretary of Ag- riculture for the procurement and placement of wildfire detection and real-time monitoring equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire or post-burned areas. (d) Wildland firefighters (1) In general Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the Secretary of the Interior and the Sec- retary of Agriculture shall, using the amounts made available under subsection (c)(2), coordi- nate with the Director of the Office of Per- sonnel Management to develop a distinct ‘‘wildland firefighter’’ occupational series. (2) Omitted (3) Current employees Any individual employed as a wildland fire- fighter on the date on which the occupational series established under paragraph (1) takes ef- fect may elect— (A) to remain in the occupational series in which the individual is employed; or (B) to be included in the ‘‘wildland fire- fighter’’ occupational series established under that paragraph. (4) Permanent employees; increase in salary Using the amounts made available under subsection (c)(2), beginning October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture shall— (A) seek to convert not fewer than 1,000 seasonal wildland firefighters to wildland firefighters that— (i) are full-time, permanent, year-round Federal employees; and (ii) reduce hazardous fuels on Federal land not fewer than 800 hours per year; and (B) increase the base salary of a Federal wildland firefighter by the lesser of an amount that is commensurate with an in- crease of $20,000 per year or an amount equal to 50 percent of the base salary, if the Sec- retary concerned, in coordination with the Director of the Office of Personnel Manage- ment, makes a written determination that the position of the Federal wildland fire- fighter is located within a specified geo- graphic area in which it is difficult to re- cruit or retain a Federal wildland fire- fighter. (5) National wildfire coordinating group Using the amounts made available under subsection (c)(2), not later than October 1, 2022, the Secretary of the Interior and the Sec- retary of Agriculture shall— (A) develop and adhere to recommenda- tions for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards; and (B) establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize and ad- dress mental health needs, including post- traumatic stress disorder care. (e) Collaborative forest landscape restoration program Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the Secretary of Agriculture shall, using the amounts made available under subsection (c)(10)— (1) solicit new project proposals under the Collaborative Forest Landscape Restoration Program established under section 7303 of this title (referred to in this subsection as the ‘‘Program’’); (2) provide up to 5 years of additional fund- ing of any proposal originally selected for funding under the Program prior to September 30, 2018— (A) that has been approved for an exten- sion of funding by the Secretary of Agri- culture prior to November 15, 2021; or (B) that has been recommended for an ex- tension of funding by the advisory panel es- tablished under section 7303(e) of this title prior to November 15, 2021, that the Sec- retary of Agriculture subsequently approves; and (3) select project proposals for funding under the Program in a manner that— (A) gives priority to a project proposal that will treat acres that— (i) have been identified as having very high wildfire hazard potential; and (ii) are located in— (I) the wildland-urban interface; or (II) a public drinking water source area; (B) takes into consideration— (i) the cost per acre of Federal land or Indian forest land or rangeland acres de- scribed in subparagraph (A) to be treated; and (ii) the number of acres described in sub- paragraph (A) to be treated; (C) gives priority to a project proposal that is proposed by a collaborative that has successfully accomplished treatments con- sistent with a written plan that included a proposed schedule of completing those treat- ments, which is not limited to an earlier proposal funded under the Program; and (D) discontinues funding for a project that fails to achieve the results included in a project proposal submitted under paragraph (1) for more than 2 consecutive years. (f) Community wildfire defense grant program (1) Establishment Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the Secretary of Agriculture shall, using amounts made available under subsection Page 2627 TITLE 16—CONSERVATION § 6592 (c)(12), establish a program, which shall be separate from the program established under section 5133 of title 42, under which the Sec- retary of Agriculture, in cooperation with the States, shall award grants to at-risk commu- nities, including Indian Tribes— (A) to develop or revise a community wild- fire protection plan; and (B) to carry out projects described in a community wildfire protection plan that is not more than 10 years old. (2) Priority In awarding grants under the program de- scribed in paragraph (1), the Secretary of Agri- culture shall give priority to an at-risk com- munity that is— (A) in an area identified by the Secretary of Agriculture as having high or very high wildfire hazard potential; (B) a low-income community; or (C) a community impacted by a severe dis- aster. (3) Community wildfire defense grants (A) Grant amounts A grant— (i) awarded under paragraph (1)(A) shall be for not more than $250,000; and (ii) awarded under paragraph (1)(B) shall be for not more than $10,000,000. (B) Cost sharing requirement (i) In general Except as provided in clause (ii), the non-Federal cost (including the adminis- trative cost) of carrying out a project using funds from a grant awarded under the program described in paragraph (1) shall be— (I) not less than 10 percent for a grant awarded under paragraph (1)(A); and (II) not less than 25 percent for a grant awarded under paragraph (1)(B). (ii) Waiver The Secretary of Agriculture may waive the cost-sharing requirement under clause (i) for a project that serves an underserved community. (C) Eligibility The Secretary of Agriculture shall not award a grant under paragraph (1) to an at- risk community that is located in a county or community that— (i) is located in the continental United States; and (ii) has not adopted an ordinance or reg- ulation that requires the construction of new roofs on buildings to adhere to stand- ards that are similar to, or more stringent than— (I) the roof construction standards es- tablished by the National Fire Protec- tion Association; or (II) an applicable model building code established by the International Code Council. (g) Priorities In carrying out projects using amounts made available under this section, the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service, as applicable, shall prioritize funding for projects— (1) for which any applicable processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been completed on November 15, 2021; (2) that reduce the likelihood of experiencing uncharacteristically severe effects from a po- tential wildfire by focusing on areas strategi- cally important for reducing the risks associ- ated with wildfires; (3) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; (4) that do not include the establishment of permanent roads; (5) for which funding would be committed to decommission all temporary roads constructed to carry out the project; and (6) that fully maintain or contribute toward the restoration of the structure and composi- tion of old growth stands consistent with the characteristics of that forest type, taking into account the contribution of the old growth stand to landscape fire adaption and water- shed health, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection and old growth enhancement objectives, as determined by the Secretary concerned. (h) Reports The Secretary of the Interior and the Sec- retary of Agriculture, acting through the Chief of the Forest Service, shall complete and submit to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives an annual report describing the number of acres of land on which projects carried out using funds made available under this section im- proved the Fire Regime Condition Class of the land described in subsection (b). (i) Wildfire prevention study (1) In general Not later than 180 days after November 15, 2021, the Secretary of Agriculture shall ini- tiate a study of the construction and mainte- nance of a system of strategically placed fuelbreaks to control wildfires in western States. (2) Review The study under paragraph (1) shall review— (A) a full suite of manual, chemical, and mechanical treatments; and (B) the effectiveness of the system de- scribed in that paragraph in reducing wild- fire risk and protecting communities. (3) Determination Not later than 90 days after the date of com- pletion of the study under paragraph (1), the Secretary of Agriculture shall determine whether to initiate the preparation of a pro- grammatic environmental impact statement implementing the system described in that paragraph in appropriate locations. Page 2628 TITLE 16—CONSERVATION § 6592a (j) Monitoring, maintenance, and treatment plan and strategy (1) In general Not later than 120 days after November 15, 2021, the Secretary of Agriculture and the Sec- retary of the Interior shall establish a 5-year monitoring, maintenance, and treatment plan that— (A) describes activities under subsection (c) that the Secretary of Agriculture and the Secretary of the Interior will take to reduce the risk of wildfire by conducting restora- tion treatments and improving the Fire Re- gime Condition Class of 10,000,000 acres of Federal land or Tribal Forest land or range- land that is identified as having very high wildfire hazard potential, not including an- nual treatments otherwise scheduled; (B) establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires; (C) includes an innovative plan and proc- ess— (i) to leverage public-private partner- ships and resources, shared stewardship agreements, good neighbor agreements, and similar contracting authorities; (ii) to prioritize projects for which any applicable processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been completed as of November 15, 2021; (iii) to streamline subsequent projects based on existing statutory or regulatory authorities; and (iv) to develop interagency teams to in- crease coordination and efficiency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) [42 U.S.C. 4321 et seq.]; and (D) establishes a process for coordinating prioritization and treatment with State and local entities and affected stakeholders. (2) Strategy Not later than 5 years after November 15, 2021, the Secretary of Agriculture and the Sec- retary of the Interior, in coordination with State and local governments, shall publish a long-term, outcome-based monitoring, mainte- nance, and treatment strategy— (A) to maintain forest health improve- ments and wildfire risk reduction accom- plished under this section; (B) to continue treatment at levels nec- essary to address the 20,000,000 acres needing priority treatment over the 10-year period beginning on the date of publication of the strategy; and (C) to proactively conduct treatment at a level necessary to minimize the risk of wild- fire to surrounding at-risk communities. (k) Authorized hazardous fuels projects A project carried out using funding authorized under paragraphs (11)(A)(i), (13), or (14) of sub- section (c) shall be considered an authorized hazardous fuel reduction project pursuant to section 6512 of this title. (Pub. L. 117–58, div. D, title VIII, § 40803, Nov. 15, 2021, 135 Stat. 1097.) Editorial Notes REFERENCES IN TEXT The Southwest Forest Health and Wildfire Preven- tion Act of 2004, referred to in subsec. (c)(8), is Pub. L. 108–317, Oct. 5, 2004, 118 Stat. 1204, which is classified generally to chapter 86 (§ 6701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6701 of this title and Tables. This title, referred to in subsec. (c)(8)(A), means title VIII of division D of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1094, which enacted this section and sections 538a and 6592a to 6592d of this title and amended section 5545 of Title 5, Government Organization and Employees. For complete classification of title VIII to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsecs. (g)(1) and (j)(1)(C)(ii), (iv), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section is comprised of section 40803 of Pub. L. 117–58. Subsec. (d)(2) of section 40803 of Pub. L. 117–58 amended section 5545(d)(1) of Title 5, Government Organization and Employees. Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. § 6592a. Ecosystem restoration (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (b), $2,130,000,000 for the period of fis- cal years 2022 through 2026. (b) Activities Of the amounts made available under sub- section (a) for the period of fiscal years 2022 through 2026— (1) $300,000,000 shall be made available, in ac- cordance with subsection (c), to the Secretary of the Interior and the Secretary of Agri- culture— (A) for— (i) entering into contracts, including stewardship contracts or agreements, the purpose of each of which shall be to restore ecological health on not fewer than 10,000 acres of Federal land, including Indian for- est land or rangeland, and for salaries and