16 U.S.C. § 6592a — Ecosystem restoration

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 Page 2629 TITLE 16—CONSERVATION § 6592a expenses associated with preparing and executing those contracts; and (ii) establishing a Working Capital Fund that may be accessed by the Secretary of the Interior or the Secretary of Agri- culture to fund requirements of contracts described in clause (i), including cancella- tion and termination costs, consistent with section 6591c(h) of this title, and peri- odic payments over the span of the con- tract period; and (B) of which— (i) $50,000,000 shall be made available to the Secretary of the Interior to enter into contracts described in subparagraph (A)(i); (ii) $150,000,000 shall be made available to the Secretary of Agriculture to enter into contracts described in subparagraph (A)(i); and (iii) $100,000,000 shall be made available until expended to the Secretary of the In- terior, notwithstanding any other provi- sion of this Act, to establish the Working Capital Fund described in subparagraph (A)(ii); (2) $200,000,000 shall be made available to provide to States and Indian Tribes for imple- menting restoration projects on Federal land pursuant to good neighbor agreements entered into under section 2113a of this title or agree- ments entered into under section 3115a(b) of title 25, of which— (A) $40,000,000 shall be made available to the Secretary of the Interior; and (B) $160,000,000 shall be made available to the Secretary of Agriculture; (3) $400,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to facilities that purchase and proc- ess byproducts from ecosystem restoration projects in accordance with subsection (d); (4) $400,000,000 shall be made available to the Secretary of the Interior to provide grants to States, territories of the United States, and Indian Tribes for implementing voluntary eco- system restoration projects on private or pub- lic land, in consultation with the Secretary of Agriculture, that— (A) prioritizes funding cross-boundary projects; and (B) requires matching funding from the State, territory of the United States, or In- dian Tribe to be eligible to receive the fund- ing; (5) $50,000,000 shall be made available to the Secretary of Agriculture to award grants to States and Indian Tribes to establish rental programs for portable skidder bridges, bridge mats, or other temporary water crossing structures, to minimize stream bed disturb- ance on non-Federal land and Federal land; (6) $200,000,000 shall be made available for invasive species detection, prevention, and eradication, including conducting research and providing resources to facilitate detection of invasive species at points of entry and awarding grants for eradication of invasive species on non-Federal land and on Federal land, 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; (7) $100,000,000 shall be made available to re- store, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, in accordance with subsection (e); (8) $200,000,000 shall be made available to re- store native vegetation and mitigate environ- mental hazards on mined land on Federal and non-Federal land, 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; (9) $200,000,000 shall be made available to es- tablish and implement a national revegetation effort on Federal and non-Federal land, includ- ing to implement the National Seed Strategy for Rehabilitation and Restoration, of which— (A) $70,000,000 shall be made available to the Secretary of the Interior; and (B) $130,000,000 shall be made available to the Secretary of Agriculture; and (10) $80,000,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to establish a collaborative-based, landscape-scale restora- tion program to restore water quality or fish passage on Federal land, including Indian for- est land or rangeland, in accordance with sub- section (f). (c) Ecological health restoration contracts (1) Submission of list of projects to congress Until the date on which all of the amounts made available to carry out subsection (b)(1)(A)(i) are expended, not later than 90 days before the end of each fiscal year, the Sec- retary of the Interior and the Secretary of Ag- riculture shall submit to the Committee on Energy and Natural Resources and the Com- mittee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives a list of projects to be funded under that subsection in the subsequent fiscal year, including— (A) a detailed description of each project; and (B) an estimate of the cost, including sala- ries and expenses, for the project. (2) Alternate allocation Appropriations Acts may provide for alter- nate allocation of amounts made available under subsection (b)(1), consistent with the al- locations under subparagraph (B) of that sub- section. (3) Lack of alternate allocations If Congress has not enacted legislation es- tablishing alternate allocations described in paragraph (2) by the date on which the Act making full-year appropriations for the De- partment of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (b)(1)(B) shall be allocated by the President. Page 2630 TITLE 16—CONSERVATION § 6592a 1 So in original. Probably should be preceded by ‘‘to’’. (d) Wood products infrastructure The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall— (1) develop a ranking system that cat- egorizes units of Federal land, including In- dian forest land or rangeland, with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation, as being— (A) very low priority for ecological res- toration involving vegetation removal; (B) low priority for ecological restoration involving vegetation removal; (C) medium priority for ecological restora- tion involving vegetation removal; (D) high priority for ecological restoration involving vegetation removal; or (E) very high priority for ecological res- toration involving vegetation removal; (2) determine, for a unit identified under paragraph (1) as being high or very high pri- ority for ecological restoration involving vege- tation removal, if— (A) a sawmill or other wood-processing fa- cility exists in close proximity to, or a for- est worker is seeking to conduct restoration treatment work on or in close proximity to, the unit; and (B) the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal; (3) in accordance with any conditions the Secretary of Agriculture determines to be nec- essary, using the amounts made available under subsection (b)(3), provide financial as- sistance, including a low-interest loan or a loan guarantee, to an entity seeking to estab- lish, reopen, retrofit, expand, or improve a sawmill or other wood-processing facility in close proximity to a unit of Federal land that has been identified under paragraph (1) as high or very high priority for ecological restora- tion, if the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit of Federal land, including Indian forest land or rangeland, as determined under para- graph (2)(B); and (4) to the extent practicable, when allo- cating funding to units of Federal land for eco- logical restoration projects involving vegeta- tion removal, give priority to a unit of Federal land that— (A) has been identified under paragraph (1) as being high or very high priority for eco- logical restoration involving vegetation re- moval; and (B) has a sawmill or other wood-processing facility— (i) that, as determined under paragraph (2)— (I) exists in close proximity to the unit; and (II) does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit; or (ii) that has received financial assistance under paragraph (3). (e) Recreation sites (1) Site restoration and improvements Of the amounts made available under sub- section (b)(7), $45,000,000 shall be made avail- able to the Secretary of the Interior and $35,000,000 shall be made available the 1 Sec- retary of Agriculture to restore, prepare, or adapt recreation sites on Federal land, includ- ing Indian forest land or rangeland, that have experienced or may likely experience visita- tion and use beyond the carrying capacity of the sites. (2) Public use recreation cabins (A) In general Of the amounts made available under sub- section (b)(7), $20,000,000 shall be made avail- able to the Secretary of Agriculture for— (i) the operation, repair, reconstruction, and construction of public use recreation cabins on National Forest System land; and (ii) to the extent necessary, the repair or reconstruction of historic buildings that are to be outleased under section 306121 of title 54. (B) Inclusion Of the amount described in subparagraph (A), $5,000,000 shall be made available to the Secretary of Agriculture for associated sala- ries and expenses in carrying out that sub- paragraph. (C) Agreements The Secretary of Agriculture may enter into a lease or cooperative agreement with a State, Indian Tribe, local government, or private entity— (i) to carry out the activities described in subparagraph (A); or (ii) to manage the renting of a cabin or building described in subparagraph (A) to the public. (3) Exclusion A project shall not be eligible for funding under this subsection if— (A) funding for the project would be used for deferred maintenance, as defined by Fed- eral Accounting Standards Advisory Board; and (B) the Secretary of the Interior or the Secretary of Agriculture has identified the project for funding from the National Parks and Public Land Legacy Restoration Fund established by section 200402(a) of title 54. (f) Collaborative-based, aquatic-focused, land- scape-scale restoration program Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the Secretary of Agriculture shall, in coordina- tion with the Secretary of the Interior and using the amounts made available under subsection (b)(10)— (1) solicit collaboratively developed pro- posals that— Page 2631 TITLE 16—CONSERVATION § 6592b (A) are for 5-year projects to restore fish passage or water quality on Federal land and non-Federal land to the extent allowed under section 1011a(a) of this title, including Indian forest land or rangeland; (B) contain proposed accomplishments and proposed non-Federal funding; and (C) request not more than $5,000,000 in funding made available under subsection (b)(10); (2) select project proposals for funding in a manner that— (A) gives priority to a project proposal that would result in the most miles of streams being restored for the lowest amount of Federal funding; and (B) discontinues funding for a project that fails to achieve the results included in a pro- posal submitted under paragraph (1) for more than 2 consecutive years; and (3) publish a list of— (A) all of the priority watersheds on Na- tional Forest System land; (B) the condition of each priority water- shed on November 15, 2021; and (C) the condition of each priority water- shed on the date that is 5 years after Novem- ber 15, 2021. (Pub. L. 117–58, div. D, title VIII, § 40804, Nov. 15, 2021, 135 Stat. 1105.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1)(B)(iii), is Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 429, known as the Infra- structure Investment and Jobs Act. For complete clas- sification of this Act to the Code, see Short Title of 2021 Amendment note set out under section 101 of Title 23, Highways, and Tables. CODIFICATION 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. § 6592b. Establishment of fuel breaks in forests and other wildland vegetation (a) Definition of Secretary concerned In this section, the term ‘‘Secretary con- cerned’’ means— (1) the Secretary of Agriculture, with re- spect to National Forest System land; and (2) the Secretary of the Interior, with re- spect to public lands (as defined in section 1702 of title 43) administered by the Bureau of Land Management. (b) Categorical exclusion established Forest management activities described in subsection (c) are a category of actions des- ignated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the categorical exclusion is documented through a supporting record and de- cision memorandum. (c) Forest management activities designated for categorical exclusion (1) In general The category of forest management activi- ties designated under subsection (b) for a cat- egorical exclusion are forest management ac- tivities described in paragraph (2) that are car- ried out by the Secretary concerned on public lands (as defined in section 1702 of title 43) ad- ministered by the Bureau of Land Manage- ment or National Forest System land the pri- mary purpose of which is to establish and maintain linear fuel breaks that are— (A) up to 1,000 feet in width contiguous with or incorporating existing linear fea- tures, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and (B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community. (2) Activities Subject to paragraph (3), the forest manage- ment activities that may be carried out pursu- ant to the categorical exclusion established under subsection (b) are— (A) mowing or masticating; (B) thinning by manual and mechanical cutting; (C) piling, yarding, and removal of slash or hazardous fuels; (D) selling of vegetation products, includ- ing timber, firewood, biomass, slash, and fenceposts; (E) targeted grazing; (F) application of— (i) pesticide; (ii) biopesticide; or (iii) herbicide; (G) seeding of native species; (H) controlled burns and broadcast burn- ing; and (I) burning of piles, including jackpot piles. (3) Excluded activities A forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted— (A) in a component of the National Wilder- ness Preservation System; (B) on Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation;