S. 1462 — Fix Our Forests Act

This section designates initial fireshed management areas for the 5-year period beginning on the date of enactment, including (1) each landscape-scale high-risk fireshed identified in the Forest Service's Wildfire Crisis Strategy (January 2022) and (2) the top 20 percent of the 7,688 firesheds assessed in the Forest Service Rocky Mountain Research Station's 2019 report, as determined by the Secretary of Agriculture in consultation with the Secretary of the Interior based on wildfire exposure risks to communities and infrastructure, municipal and Tribal watersheds, and vegetation type conversion. Within 30 days of enactment, the Secretaries shall designate additional such areas in Alaska, Hawaii, and U.S. territories using the same criteria. Every 5 years beginning 5 years after enactment, the Secretaries shall update a Fireshed Registry map (including those states and territories), designate as management areas the top 20 percent at risk per the criteria, and publicly post the map; areas may span federal and nonfederal lands (including Indian forest land or rangeland), must not overlap, and may be expanded to combine firesheds at a governor's request. The Secretary concerned may conduct fireshed management projects in these areas, and designations are exempt from the National Environmental Policy Act.

This section establishes the Wildfire Intelligence Center as a joint office of the Departments of Agriculture and the Interior not later than one year after enactment of this Act. The Center serves as the development and operational hub for comprehensive wildfire assessment, prediction, and decision support services—including real-time scientific analysis, modeling of fire behavior and risks, data mapping, air quality forecasting, and tools for pre-fire mitigation, active response, and post-fire recovery—to inform federal, state, Tribal, local, and private entities. (1) It facilitates collaboration and information sharing across government, academia, and the private sector; (2) requires the Center's Board to select a permanent U.S. headquarters location within one year of enactment; and (3) directs functions such as consolidating data for public health protection from smoke, developing interoperable IT infrastructure and data standards, and providing real-time interfaces for firefighters using federal and commercial observations.

This section establishes a publicly accessible “Fireshed Registry” website, to be maintained by the Secretaries of Agriculture and the Interior acting through the Executive Director, that provides interactive geospatial data on individual firesheds relating to (1) wildland fire exposure delineated by ownership (including rights-of-way); (2) hazardous fuels management activities in the preceding 10 years; (3) wildfire exposure risks to communities (including life, critical infrastructure, and structures), municipal watersheds (including Tribal supplies), and vegetation type conversion; (4) percentage of a fireshed burned in the preceding 10 years (including high-severity acres, to the extent practicable); (5) spatial patterns of wildfire exposure (including plausible extreme events); and (6) planned hazardous fuels management and fireshed projects. The section further requires the Executive Director to make registry data available to communities developing or updating community wildfire protection plans; publish fireshed assessments conducted under section 105; and maintain a searchable database tracking (1) federal environmental reviews, permits, and authorizations for fireshed management projects (including permitting timetables, agency compliance, modifications with explanations, and public meetings/hearings/comments in English and the predominant language of affected communities); (2) projected project costs; and (3) for completed projects, estimated effectiveness in reducing wildfire exposure and increasing wildlife habitat resilience (including for threatened or endangered species). The section directs incorporation of existing assessments and data, to the extent practicable, and exempts registry establishment and maintenance from NEPA requirements.

This section directs the Secretary concerned to seek to use, modify, or enter into shared stewardship agreements with the governor of each state and Indian tribe containing a designated fireshed management area (under section 101(a)) to jointly reduce wildfire exposure—based on specified criteria—across jurisdictional boundaries and conduct fireshed assessments (under section 105). It authorizes the Secretary concerned, at a governor's request, to adjust applicable fireshed boundaries and update such agreements to address new wildfire threats. It further authorizes the Secretaries of Agriculture and the Interior to enter cooperative agreements with units of local government, special districts, water users, nongovernmental organizations, institutions of higher education, and other entities to carry out these activities.

This section directs the Secretary concerned, in cooperation with applicable Governors, to conduct a fireshed assessment for each designated fireshed management area in applicable States or Tribal lands not later than 120 days after enactment of the Act. Each assessment must (1) identify wildfire exposure risks and at-risk communities using best available science; (2) identify beneficial fireshed management projects emphasizing reductions in risks to communities, watersheds (including Tribal supplies), vegetation conversion, wildlife habitats (including Endangered Species Act-listed species), and Tribal resources; and (3) include strategies and timelines for threat reduction (protecting wildland-urban interface communities, improving firefighting effectiveness and firefighter safety, and reducing habitat risks), project implementation, long-term benchmarks for high-risk areas, forest plan compliance, and retention of resilient late-successional forests. Assessments must incorporate existing plans (e.g., forest plans, community wildfire protection plans); involve coordination with State, Tribal, and local governments and 45 days of public participation (including website postings and at least one meeting); be regularly updated using best available science (incorporating traditional ecological knowledge, State data, Fireshed Registry, etc.) potentially via memoranda of understanding for advanced technologies; and be publicly available, including on the Fireshed Registry. Fireshed assessments are not subject to the National Environmental Policy Act of 1969.

This section directs the Secretaries of Agriculture and the Interior, acting through responsible officials, to carry out fireshed management projects on federal lands in fireshed management areas consistent with applicable forest or resource management plans, using emergency categorical exclusions under specified regulations—36 CFR 220.4(b) (Forest Service), 43 CFR 46.150 (BLM), 50 CFR 402.05 (FWS), and 36 CFR 800.12 (historic properties)—but only upon determining an emergency exists (with required documentation and website public notice) and the project achieves Healthy Forests Restoration Act land management goals (e.g., wildfire risk reduction to protect life, property, and resources). The section further requires the Secretaries, not later than two years after enactment, to apply at least one expedited authority for such projects—Healthy Forests Restoration Act sections 603(a), 605(a), or 606(b) or Infrastructure Investment and Jobs Act section 40806(b)—ensures compliance with the National Environmental Policy Act of 1969 (as amended by the Fiscal Responsibility Act of 2023), authorizes emergency declarations under Infrastructure Investment and Jobs Act section 40807, and directs maximum practicable use in combination with other authorities (e.g., good neighbor agreements under 16 U.S.C. 2113a, stewardship contracting under Healthy Forests Restoration Act section 604, and tribal self-determination contracts). This section amends the definition section of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502) by (1) revising paragraph (2) to replace the cross-reference "450b" with "5304"; and (2) adding paragraphs (3) and (4) to define "local government" (i.e., a county, municipality, or special district) and "special district" (i.e., a state political subdivision with budgetary autonomy for limited forest or rangeland management functions).

This section modifies the good neighbor authority by expanding eligibility to include Indian tribes and special districts—defined as state political subdivisions with significant budgetary autonomy established primarily for forest or rangeland management—as parties that may enter good neighbor agreements, carry out authorized restoration services (i.e., insect and disease treatments, hazardous fuels reduction, and other forest, rangeland, and watershed health improvements) on eligible federal lands (excluding wilderness areas and certain protected lands), and receive payments from project revenues. (As background, the authority enables the Secretaries of Agriculture and the Interior to partner with nonfederal entities for restoration work on National Forest System lands, BLM public lands, national parks, and wildlife refuges, with revenues generally shared between the Treasury and project partners.) It further revises revenue and payment treatments by (1) including Indian tribes and special districts in distribution requirements, (2) extending a specified revenue clause through 2030 (from 2028), (3) directing any remaining funds after initial distributions to additional authorized restoration services and program administration by those parties, and (4) striking paragraph (b)(4); makes a technical correction in prior law to reference the "Agricultural Act of 2014"; and applies the amendments to qualifying projects initiated after enactment of the Agriculture Improvement Act of 2018.

This section amends stewardship contracting authority for the Forest Service and Bureau of Land Management (16 U.S.C. 6591c)—which allows contracts with private entities under which the value of removed timber or forest products offsets the cost of services for land management goals (e.g., road and trail maintenance, prescribed fire, vegetation removal to reduce fire hazards, watershed and wildlife restoration, weed control)—as follows: (1) authorizes projects to include retaining and expanding existing forest products infrastructure; (2) increases the maximum contract term to 20 years (from 10 years); and (3) for long-term contracts (i.e., longer than five years and entered into after enactment), requires the agency to pay the contractor 10% of the contract amount upon agency cancellation or termination.

This section establishes intra-agency strike teams of up to 10 members to assist the Secretary concerned (i.e., Secretary of Agriculture or Interior) with (1) environmental reviews and consultations under NEPA, NHPA, and ESA to accelerate interagency processes; (2) site preparation for fireshed management projects (i.e., landscape-scale treatments to mitigate wildfire risks on federal lands); (3) implementation of such projects; or (4) any combination thereof. Team members may include employees from the Secretary's department, other federal agencies (with head consent), or private contractors/volunteers from nonprofits, states, tribes, localities, academics, or other organizations, but must include at least one employee from the agency with jurisdiction over the relevant federal land. The Secretary determines document sufficiency and retains responsibility for authorizing decisions. This authority terminates 7 years after enactment.

This section amends the Joint Chiefs Landscape Restoration Partnership program—under which the Secretary of Agriculture coordinates Forest Service and Natural Resources Conservation Service authorities to conduct or assist eligible landscape-scale activities (i.e., wildfire risk reduction, water quality protection, at-risk species habitat improvement) across National Forest System lands and state, tribal, or private lands—as follows: (1) expands eligible activities to also include wildfire recovery and enhancement of soil, water, and related natural resources; (2) revises project evaluation criteria to include reduction of post-wildfire impacts in municipal watersheds or wildland-urban interfaces and to prioritize increased forest workforce capacity as identified in a state forest action plan or similar priority plan (e.g., state wildlife or water plan); (3) requires the Chiefs to submit reports on funded projects, including status and outcomes, for FY2022 and FY2023 and not less frequently than once every two fiscal years thereafter to specified committees in the Senate (Agriculture, Nutrition, and Forestry; Energy and Natural Resources; Appropriations) and House (Agriculture; Natural Resources; Appropriations); and (4) extends program authorization through 2031 (from 2023).

This section revises the Collaborative Forest Landscape Restoration Program (CFLRP)—which supports collaborative restoration of priority National Forest System landscapes to improve conditions, reduce wildfire risks, and sustain local economies—as follows: (1) requires project proposals to include a federal staffing plan to support collaborative processes; (2) directs the Forest Service, in selecting projects, to prioritize proposals using good neighbor agreements (i.e., authorities for federal-nonfederal restoration partnerships under 16 U.S.C. 2113a), reducing cross-boundary wildfire risks or increasing restoration (including in the wildland-urban interface), and enhancing watershed health; (3) limits funding to four proposals per National Forest System region per fiscal year; (4) expands eligible activities to include conflict resolution or collaborative governance; (5) increases the maximum annual funding per project to $8 million (from $4 million); and (6) extends the program through 2031 (from 2023).

This section directs the Secretary concerned (i.e., Secretaries of Agriculture and Interior), in coordination with holders of federal grazing permits and in consultation with stakeholders, to develop a strategy not later than 18 months after enactment to utilize livestock grazing as a wildfire risk reduction tool on federal land, consistent with applicable laws. The strategy must include (1) NEPA reviews to allow grazing on vacant allotments during drought, wildfire, or other disasters; (2) targeted grazing to reduce hazardous fuels; (3) increased use of temporary permits for fuels and invasive grass reduction; (4) expanded grazing to eradicate invasive annual grasses and support post-fire restoration; (5) integrated advanced technologies for livestock placement; (6) greater use of grazing authorities, including permit variances; (7) conflict avoidance with other land uses and consistency with land management plans; and (8) other appropriate measures. This section states that it does not affect existing livestock grazing programs or their statutory authorities.

This section revises the Water Source Protection Program (i.e., collaborative projects between the Forest Service and water users to protect and restore National Forest System watersheds that supply municipal or agricultural water) as follows: (1) In subsection (a), adds a definition of "adjacent land" (i.e., non-Federal land in the same watershed as the relevant National Forest System land) and expands the definition of "end water user" to include acequia associations, entities managing stormwater or wastewater, land-grant mercedes, and private entities with water delivery authority; (2) In subsection (b), authorizes projects on adjacent land (in addition to National Forest System land); establishes project requirements to protect watershed health, water supply and quality, water infrastructure, and forest health; sets selection priorities addressing risks from drought, wildfire, flooding, and climate change; favoring nature-based solutions, capable partners, and greater non-Federal contributions; and conditions adjacent-land projects on landowner support without altering ownership or management; (3) In subsection (c), authorizes agreements to protect National Forest System watersheds and adjacent land; permits good neighbor agreements (under 16 U.S.C. 2113a) for State, county, or tribal projects on National Forest System land; and requires cooperation with non-Federal partners on assessments, planning, design, and implementation; and (4) In subsection (d), requires water source management plans to restore ecological integrity using best available science and consistent with applicable forest plans, and allows use of existing watershed plans to reduce redundancy.

This section modifies the purposes of the Watershed Condition Framework for National Forest System lands—under which the Forest Service evaluates and classifies watershed conditions (considering factors such as water quality, fire risk, and aquatic habitat) and identifies up to five priority watersheds per national forest for protection and restoration—by (1) requiring action plans for priority watersheds to account for existing protection and restoration activities being implemented (previously, restoration activities only), and (2) adding a new purpose to ensure that Forest Service management activities and authorizations do not result in long-term degradation of watershed health or lower the classification of any watershed.

This section revises the Tribal Forest Protection management demonstration project (25 U.S.C. 3115b) to authorize the Secretaries of Agriculture and the Interior to enter contracts with Indian Tribes (i.e., those on the Secretary of the Interior's list of federally recognized tribes) or Tribal organizations (as defined in the Indian Self-Determination and Education Assistance Act) for activities and projects under the Tribal Forest Protection Act of 2004 (i.e., cooperative forest protection efforts such as hazardous fuels reduction on National Forest System lands adjacent to Tribal lands), eliminating the prior limitation to demonstration projects for programs of that Act. It retains requirements for such contracts—including Forest Service performance of certain Indian Self-Determination and Education Assistance Act functions on National Forest System land, agency decisions under the National Environmental Policy Act and the Tribal Forest Protection Act of 2004, and use of specified contract authority—and adds a new subsection (d) directing the Secretaries to publish, within 180 days of enactment on their respective agency websites and update as necessary, a list of eligible activities and projects.

This section establishes definitions and limitations on judicial review of covered agency actions for fireshed management projects, including their establishment, application of categorical exclusions, preparation of agency documents (i.e., records of decision, decision memoranda, environmental documents, or programmatic environmental documents), and related actions. It adopts NEPA definitions of "categorical exclusion," "environmental document," and "programmatic environmental document" (42 U.S.C. 4336e). For preliminary injunctions against such actions, courts must find the injunction serves the public interest (considering the project's wildfire risk-reduction purpose, likelihood of success, and effects of proceeding versus delay), the balance of equities favors the plaintiff, likely success on the merits, and likely irreparable injury to the plaintiff; public interest receives significant weight. For permanent injunctions or orders limiting actions, courts must find public interest (same considerations), equities favoring the plaintiff, irreparable injury, and no adequate legal remedy. On remand to an agency, courts must order corrections within 180 days and order vacatur only if deficiencies are serious and disruptive effects (including increased wildfire risk or ecosystem threats) do not outweigh the need for vacatur; agencies may continue non-vacated actions and issue corrective documents. The section preserves courts' authority under APA §706(2) (5 U.S.C. §706(2)). Claims are barred unless filed within 150 days of Federal Register notice of agency intent (or shorter time if specified) for noticed documents or categorical exclusions, or within the time of other publication or notice.

This section prohibits reinitiation of consultation under ESA section 7(a)(2) (16 U.S.C. 1536(a)(2)) or 50 C.F.R. 402.16 (or successor regulation) on (1) Forest Service land management plans approved, amended, or revised under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)(2)) when a new species is listed or critical habitat is designated under the Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531 et seq.) or new information reveals previously unconsidered effects on listed species or critical habitat; and (2) Bureau of Land Management land use plans (i.e., resource management plans) approved, amended, or revised under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) under the same circumstances. (Thus, these programmatic plans for approximately 193 million acres of national forests and 245 million acres of public lands are exempt from additional ESA consultation triggered by new listings or information.)

This section defines “prescribed fire” as a deliberately ignited fire to burn wildland fuels under specified environmental conditions to meet planned resource management objectives and confined to a predetermined area (excluding fires primarily for pile burning). It authorizes the Secretary concerned (i.e., Secretary of Agriculture for National Forest System lands or Secretary of the Interior for public lands) to carry out eligible activities for hazardous fuels management on federal land or non-federal land if benefiting federal resources, including (1) procurement contracts or cooperative agreements for prescribed fires; (2) grants to states, tribal governments, local governments, prescribed fire councils, prescribed burn associations, or nonprofits for prescribed fire implementation (including environmental reviews, site preparation, and pre-ignition cultural/environmental surveys); (3) public outreach to tribes, beneficiaries, and adjacent landowners; (4) prescribed fire implementation on benefiting non-federal land (with required reviews, preparation, and surveys); (5) training in prescribed fire and basic smoke management for federal employees and cooperators; (6) post-fire monitoring for hazard trees, reignitions, and invasive species; and (7) technical or financial assistance for such training. It requires the Secretaries concerned to coordinate with each other, state/local agencies, tribes, and nongovernmental organizations to establish prioritization criteria that give priority to projects that are (1) implemented across large contiguous or cross-boundary areas; (2) located in wildland-urban interfaces identified in statewide forest action plans, fireshed assessments, or community wildfire protection plans, or important to tribal trust resources or treaty rights; (3) on land at high or very high wildfire suppression risk; (4) designated critical habitat needing prescribed fire for ecological restoration; or (5) supportive of operational delineations or strategic response zones. It directs the Secretary concerned, in coordination with state, local, and tribal governments, to develop a prescribed fire operational strategy for each National Forest System or Department of the Interior region that describes the regional fire deficit (i.e., accumulated fuels from insufficient burning) and related staffing and funding needs.

This section directs the Secretaries of Agriculture and the Interior, in coordination with the Fire Executive Council, to task the National Wildfire Coordinating Group with adjusting training requirements for certifications to serve in supervisory roles for prescribed fires (i.e., controlled burns to mitigate wildfire risk) and other necessary positions—(1) to reduce the time required to obtain such certifications and (2) to require significant experience gained exclusively during prescribed fires. The section further requires the Secretaries to establish, to the extent practicable, a collaborative process to include non-Federal fire practitioners in prescribed fire and wildfire resource ordering and reimbursement processes and authorizes the Secretaries to develop related partnership agreements with state, federal, tribal, university, and nongovernmental entities, including structures to incorporate non-Federal and nontraditional partners in federal prescribed fire work and to deem National Wildfire Coordinating Group-standard prescribed fire practitioners eligible for statewide participating agreements.

This section directs the Secretaries, in coordination with the Attorney General, to develop a voluntary training course for federal employees involved in activities on federal land directly related to prescribed fires executed as federal actions. The course must describe (1) liability protections available to such employees acting within the scope of their employment, (2) limits on those protections, and (3) reimbursement available to qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (i.e., the federal wildland firefighter liability insurance reimbursement program).

This section directs the Secretaries of Agriculture and the Interior to ensure agency policies, training, and programs facilitate safe prescribed fire use on federal lands while addressing public health and safety risks from wildfire and prescribed fire smoke. It requires the Executive Director of the Wildland Fire Leadership Council, in coordination with the Environmental Protection Agency (EPA) and federal, state, and tribal land management and air quality agencies, to (1) provide guidance, data, imagery, and modeling to support Clean Air Act exceptional event demonstrations (i.e., regulatory exemptions for pollution exceedances caused by fires); (2) develop related archives and tools; (3) offer technical assistance and best practices for approving prescribed burns under smoke management programs; (4) promote and educate on basic smoke management practices; and (5) streamline demonstrations linking prescribed fire smoke to air quality standard exceedances. The section further directs the Secretaries, with EPA and the Centers for Disease Control and Prevention, to conduct research on wildfire smoke prediction models, public tools, mitigation strategies, protective messaging, and emission tracking systems. This section requires the Secretaries, for National Forest System units and Bureau of Land Management districts with existing prescribed fire programs, to (1) identify existing landscape-scale prescribed fire plans within one year of enactment; (2) within two years of enactment, assess needed revisions and establish revision schedules; and (3) as appropriate, develop new such plans, all in compliance with the National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, and other laws while considering site-specific environmental effects and collaborating with academia, agency research offices, nongovernmental organizations, and cultural fire practitioners. The Secretaries must submit annual progress reports to Congress beginning one year after enactment.

This section authorizes the Secretaries of Agriculture and the Interior to enter into cooperative agreements or contracts of up to 10 years with eligible entities (i.e., states, Indian tribes, units of local government, fire districts, nongovernmental organizations, and private entities) to plan, coordinate, or conduct prescribed fires on federal lands or prescribed fire training events, with authority for such entities to subcontract and a requirement for prior written federal approval on a project-by-project basis under existing agency authorities. (Thus, the provision enables nonfederal partners to perform prescribed burns—controlled fires to reduce wildfire fuels—directly on federal lands.) This section amends the Tribal Forest Protection Act of 2004 to establish a demonstration project authorizing the Secretary of Agriculture to contract with Indian tribes for prescribed burns on federal lands using approved multiyear burn plans that delegate planning and implementation authority to tribes (subject to National Wildfire Coordinating Group standards) and allow regional federal, state, or tribal personnel to meet staffing requirements. This section amends the Cooperative Funds and Deposits Act (16 U.S.C. 565a et seq.) (1) to expressly authorize deposits of nonfederal funds for prescribed fires and prescribed fire training events and (2) to allow use of such deposits for activities under the new tribal demonstration project and cooperative agreements.

This section directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to (1) use all available resources to ensure prescribed burns conducted by the Forest Service are extinguished; and (2) update Forest Service prescribed burn policies to reflect the findings and recommendations of the agency's September 2022 National Prescribed Fire Program Review report.

This section establishes an interagency Community Wildfire Risk Reduction Program, to be created jointly by the Secretaries of the Interior and Agriculture not later than 30 days after enactment, with at least one representative from each of 10 specified agencies (i.e., Office of Wildland Fire, National Park Service, Bureau of Land Management, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, Forest Service, Federal Emergency Management Agency, U.S. Fire Administration, National Institute of Standards and Technology, and National Oceanic and Atmospheric Administration). The program's purpose is to support coordination in reducing wildland fire risks and damages in wildland-urban interface communities (including Tribal communities) by (1) advancing research on fire resilience and risk reduction; (2) developing and promoting fire-resistant building methods, codes, and standards; (3) aiding adoption of such measures by Tribes and local governments; (4) addressing fire effects on communities; (5) fostering public-private hazardous fuels management; (6) providing streamlined technical and financial assistance via a new portal and uniform grant application for specified programs—including community wildfire defense grants (16 U.S.C. 6592(f)), emergency management performance grants (6 U.S.C. 762), Assistance to Firefighters Grants (15 U.S.C. 2229), fire prevention and safety grants (15 U.S.C. 2229a), and certain Stafford Act hazard mitigation grants (42 U.S.C. 5133, 5135, 5170c, 5172, 5187)—to encourage private property risk reduction and build community capacity; (7) promoting ignition-resistant construction and retrofitting; (8) coordinating agency budgets; (9) integrating risk measures into existing programs; and (10) developing early detection systems. The agencies must meet annually, coordinate with others, gather stakeholder feedback, invite State and Tribal participation, submit a joint report to Congress within two years detailing obligated funding, activities, feedback, and program evaluation, with the program sunsetting seven years after enactment.

This section expands the Joint Fire Science Program—a joint Department of Agriculture and Department of the Interior research program on wildland fires—to establish the Community Wildfire Defense Research Program for testing and advancing innovative designs to improve wildfire resistance of structures and communities. The program prioritizes evaluations of (1) affordable building materials, including mass timber; (2) home hardening, including defensible space incentives; (3) subdivision design and land-use planning; (4) landscape architecture; and (5) other wildfire-resistant designs. It further directs the Secretaries to conduct a prize competition for scalable designs of ignition-resistant structures or fire-adapted communities, subject to prior appropriations; requires collaboration with the Department of Energy's Building Technologies Office to avoid duplication; and sunsets the program seven years after enactment.

This section directs the Secretaries, acting through the United States Fire Administration, to submit to relevant congressional committees an assessment of the Community Wildfire Risk Reduction Program not later than two years after enactment and biennially thereafter. The assessment must (1) evaluate the program's management, coordination, implementation, and effectiveness; (2) suggest improvements to coordination and engagement with states, Indian Tribes, units of local government, and at-risk communities; (3) assess trends in science and engineering for wildfire risk reduction in the built environment, land use planning, and vegetation management; (4) recommend ways to improve financial and technical assistance; (5) identify opportunities to modify federal assistance requirements; and (6) provide policy and program recommendations.

This section revises the Community Wildfire Defense Grant Program, which awards competitive grants to at-risk communities (i.e., those with structures in areas with high wildfire hazard potential) for wildfire risk reduction projects. Specifically, the section (1) expands eligible projects under the program to include landscape and hazardous fuels reduction treatments, retrofitting or maintaining structures for fire resistance, creating defensible space around structures, hardening infrastructure such as evacuation routes, projects in community wildfire protection plans not more than 10 years old, and deploying wildfire technologies deemed successful under section 303 of the Fix Our Forests Act (i.e., previously striking a narrower list); (2) adds as a grant priority projects located in a fireshed management area (as defined in section 2 of the Fix Our Forests Act, i.e., an area where fire spread analysis identifies priority landscapes for treatment); and (3) strikes "continental" from a grant priority criterion (thus broadening it beyond the continental United States) and limits administrative expenses to no more than 7% of obligated funds for the Secretary of Agriculture or an at-risk community.

This section revises the definition of at-risk community to mean an area composed of (1) an interface community as previously defined, (2) a group of homes and other structures with basic infrastructure and services (such as utilities and transportation routes) at risk from wildfire as recognized in a fireshed, State, Tribal, local, regional, territorial, or national wildfire risk assessment, or (3) such a group located inside or within 5 miles of a Wildfire Crisis Strategy landscape as determined by the Secretary of Agriculture (from prior law's interface communities or groups with basic infrastructure within or adjacent to federal lands where conditions are conducive to large-scale wildland fires posing significant threats to human life or property). (Thus, the revision expands eligibility for priority hazardous fuel reduction projects on federal lands under the Healthy Forests Restoration Act of 2003.)

This section revises vegetation management provisions for electric transmission and distribution rights-of-way on public lands and National Forest System lands (43 U.S.C. 1772) as follows: (1) in the definition of "hazard tree," expands from trees likely to come within 10 feet of an electric power line to 150 feet if failed (i.e., broadening authority to remove or manage trees outside rights-of-way posing risks to facilities); (2) requires the Secretary concerned, in developing guidance, to consult with private landowners on hazard trees identified for removal from their land; (3) streamlines plan review and approval by providing for automatic approval of unmodified plans 120 days after submission and, for modified plans not approved within 120 days, requiring the Secretary concerned to issue a letter with a detailed timeline for completion by 165 days, identified deficiencies, and other relevant information; and (4) makes technical corrections to the section heading and subsection (c)(4)(A)(ii). This section also directs the Secretaries of the Interior and Agriculture to submit to congressional committees, not later than 180 days after enactment, a report on vegetation management plan reviews, including compliance with the 120-day approval period, reasons for delays, and timelines for modified plans.

This section inserts new subsection (j) in Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772), redesignating existing subsections (j) and (k) as subsections (k) and (l), respectively. New subsection (j) authorizes the Secretary of the Interior (for Bureau of Land Management public lands) or the Secretary of Agriculture (for National Forest System lands), in any special use permit or easement for an electric transmission or distribution facility, to permit the owner or operator to cut and remove trees or other vegetation in the vicinity of the facility without a separate timber sale, if consistent with (1) the applicable vegetation management plan, (2) the applicable land and resource management or land use plan, and (3) other applicable environmental laws. Such a permit or easement must require the owner or operator to remit to the Secretary concerned any proceeds from selling removed material, less transportation costs incurred; however, it does not require any sale of the material. (Thus, the provision streamlines vegetation management to enhance electric grid reliability and reduce wildfire risks on federal lands abutting utility rights-of-way.)

This section defines (1) a **high-priority hazard tree** as a standing tree on National Forest System lands that presents a visible hazard to people or federal property due to deterioration, damage, or lean; is highly likely to fail and cause injury or damage, as determined by the Secretary of Agriculture; and is located within 300 feet of a National Forest System road (maintenance level 3, 4, or 5), along a National Forest System trail, or in a developed recreation site; and (2) **high-priority hazard tree activity** as forest management to mitigate such risks (e.g., pruning, felling, disposal), excluding activities in wilderness or wilderness study areas, for permanent roads or trails, in congressionally or presidentially restricted vegetation-removal areas, inconsistent with applicable land and resource management plans, or in inventoried roadless areas. This section directs the Secretary to develop, not later than one year after enactment, a categorical exclusion (as defined in 42 U.S.C. 4336e(i.e., a category of proposed agency actions that normally do not significantly affect the quality of the human environment)) for such activities, to be administered in compliance with NEPA and applying extraordinary circumstances procedures (36 C.F.R. § 220.6 or successor regulations), with individual projects limited to 6,000 acres.

This section establishes the “Seeds of Success strategy” to enhance the domestic supply chain of seeds. Not later than one year after enactment, the Secretaries of the Interior and Agriculture shall jointly develop and implement the strategy, which requires plans for (1) facilitating interagency coordination on native plant materials development and restoration; (2) promoting post-wildfire re-seeding of native or fire-resistant vegetation, particularly in the wildland-urban interface; (3) creating, consolidating, and sharing information on such vegetation with Indian Tribes and state and local governments; (4) building regional programs and partnerships to develop and restore U.S. native plants, prioritizing Bureau of Land Management (BLM) regions without existing programs; (5) expanding workforce and infrastructure capacity to collect, process, and store seeds for revegetation and reforestation on priority lands; (6) expanding the BLM warehouse system, including cold storage capacity; (7) shortening BLM permit approval timelines for seed collection on public lands; and (8) coordinating seed collection with other federal agencies, states, Indian Tribes, and private entities. The Secretaries must submit the strategy to relevant congressional committees, and the BLM director must coordinate its implementation with other federal agencies, including the Department of Defense, for seed collection on their lands.

This section amends reporting requirements under sec. 70303 of the Infrastructure Investment and Jobs Act (16 U.S.C. 1601 note) to require submission of reforestation reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in addition to previously specified committees. The section also directs the Secretary of the Interior to establish, not later than one year after enactment, a reforestation program on priority lands—defined as historically forested lands under the Secretary's jurisdiction that require reforestation to meet land use plan objectives following an unplanned event (e.g., wildfire or disease) and are unlikely to regenerate naturally. In implementing the program, the Secretary may enter cooperative agreements or contracts (including under the Indian Self-Determination and Education Assistance Act); must annually identify priority lands, develop a project list (potentially including seed and seedling support), and estimate costs; consults with states, localities, Tribes, covered institutions of higher education (i.e., 1862, 1890, 1994 Institutions, and McIntire-Stennis eligible schools), adjacent federal land managers, and other stakeholders; submits annual reports for seven years to specified congressional committees describing lands, projects, progress, agreements, and funding needs to complete all reforestation within 10 years of each report; and coordinates with the Secretaries of Agriculture and Defense to avoid duplication with related programs.

This section defines key terms for reforestation support programs, including "eligible recipient" (i.e., State forestry agencies, Indian Tribes, and experienced private nurseries producing high-quality native trees and plants) and "State" (i.e., the 50 states, District of Columbia, Puerto Rico, and U.S. territories). It directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to partner with Federal and State agencies, Indian Tribes, institutions of higher education, and private nurseries to provide training, technical assistance, research, and information-sharing for nursery and tree establishment programs supporting natural regeneration, reforestation, agroforestry, and afforestation; to offer similar assistance internationally; to collaborate with other Federal agencies and international organizations; to coordinate Department of Agriculture efforts on reforestation supply chain challenges; and to expand supply chains through science, research, seed collection, and nursery infrastructure. This section further requires the Secretary to establish or expand a grant program not later than two years after enactment to fund eligible recipients for projects developing or expanding nursery and seed orchard capacity and infrastructure (e.g., seed collection/storage, seedling production/distribution, genetic resource management), establishing or acquiring equipment for such facilities, implementing quality controls, promoting workforce development, and related activities.

This section requires the Secretaries of Agriculture and the Interior to establish, not later than one year after enactment, standard operating procedures (SOPs) for payment timelines under fire suppression cost-share agreements authorized by the Reciprocal Fire Protection Act (42 U.S.C. 1856a)—which permits federal agencies to enter reciprocal mutual aid agreements with local fire organizations for fire protection on federal property and elsewhere, including reimbursement of costs—and to review and modify all existing such agreements for compliance. The SOPs must (1) require each cost-share agreement to align with applicable cooperative fire protection agreements for the relevant entity; and (2) mandate reimbursement by the federal paying entity to a local fire department or state wildland firefighter agency upon submission of an invoice consistent with cost settlement procedures. It is the sense of Congress that the Secretaries make such repayments as soon as practicable, but not later than one year, after the applicable fire suppression.

This section defines biochar (i.e., carbonized biomass produced by reductive thermal processing for nonfuel use) and related terms, including eligible entities (e.g., state, Tribal, or local governments; land-grant institutions; National Laboratories) and feedstock (i.e., excess plant-based biomass). This section directs the Secretaries of Agriculture (acting through the Forest Service chief), the Interior (acting through the Bureau of Land Management director), and Energy (acting through the Office of Science director)—not later than two years after enactment and subject to appropriations—to establish a program partnering with eligible entities on demonstration projects for biochar development and commercialization, including at least one project in each Forest Service region and each Bureau of Land Management region. In selecting projects, the Secretaries must prioritize those improving forest health and resiliency; creating jobs, especially in rural areas; demonstrating innovative uses, market viability, or restorative benefits of biochar; or located in high-wildfire-risk areas with ample feedstocks or demand. Funds may support testing feedstocks; developing production units; demonstrating biochar from forest residues and forest restoration; building facilities; research; market opportunities; or related activities, with at least 50% of feedstocks from National Forest System or public land thinning and management (including mill residues). This section further requires the Secretaries to conduct regionally specific research, economic analyses, and lifecycle assessments on demonstration biochar, including its effects on forest health and resiliency; carbon capture and sequestration; agricultural productivity, input costs, and water retention; grazing land health; and environmental remediation.

This section requires, beginning with the first fiscal year after enactment and annually thereafter, the Secretaries of Agriculture and the Interior to include in materials supporting the President's budget submission under 31 U.S.C. 1105 a report on acres of federal land (i.e., land under their jurisdiction) on which hazardous fuels reduction activities (i.e., vegetation management such as mechanical treatments, grazing, and prescribed burning to reduce wildfire risk, excluding contracting) were completed in the prior fiscal year. The report must use the Secretaries' pre-enactment methodology and a new methodology that records each treated acre once (regardless of multiple activities), and includes details on wildland-urban interface location, pre- and post-activity wildfire risk levels (high, moderate, or low), activity types (in wildfires managed for resource benefits or planned projects), per-acre costs, region or system unit, and effectiveness in reducing wildfire risk; the Secretaries must make each report publicly available online. This section further directs the Secretaries to implement standardized data-tracking procedures within 90 days of enactment (including regular accuracy reviews, verification methods, effectiveness analysis, and wildland-urban interface delineation) and submit a report describing those procedures and related recommendations to Congress within 14 days thereafter; requires the Government Accountability Office to study implementation and limitations within two years and report to Congress; and specifies that no additional funds are authorized.

This section establishes a public-private deployment and demonstration pilot program for new and innovative wildfire prevention, detection, communication, and mitigation technologies, to be carried out by the Secretary of Agriculture and the Secretary of the Interior (Secretaries), in coordination with heads of covered agencies (i.e., federal land management agencies as defined in the Federal Lands Recreation Enhancement Act, Department of Defense, Bureau of Indian Affairs, National Oceanic and Atmospheric Administration, Federal Emergency Management Agency, National Aeronautics and Space Administration, United States Fire Administration, certain state/local fire departments, and other federal wildfire response agencies). The Secretaries must establish the pilot program not later than one year after the date of enactment of this Act. In carrying out the pilot program, the Secretaries shall (1) incorporate it into the National Wildfire Coordinating Group; (2) identify and advance key technology priority areas (e.g., hazardous fuels reduction, dispatch communications, remote sensing, safety equipment, operational dashboards, interoperable data); and (3) connect selected covered entities (i.e., private entities, nonprofits, institutions of higher education) with covered agencies for real-time testing during wildfire activities and training. Covered entities must apply with proposals addressing identified priority areas, with priority given to participants in the National Oceanic and Atmospheric Administration Fire Weather Testbed or those proposing emerging technologies (e.g., artificial intelligence, quantum sensing, satellite detection, augmented reality, 5G networks). The Secretaries must conduct outreach by publicizing priority areas and inviting applications. Not later than one year after enactment, and annually thereafter, the Secretaries must submit reports to specified congressional committees describing participating entities and technologies, acquisition costs, outreach efforts, technology assessments and recommendations, and coordination with National Oceanic and Atmospheric Administration activities. The pilot program terminates seven years after enactment.

This section directs the Comptroller General of the United States to conduct a study, not later than three years after the date of enactment, evaluating (1) the effectiveness of Forest Service wildland firefighting operations, (2) transparency and accountability measures in the Forest Service budget and accounting process, and (3) the suitability and feasibility of establishing a new federal agency responsible for responding to and suppressing wildfires on federal land; and to submit a report on the results to Congress.

This section directs the Secretary of Agriculture, to the maximum extent practicable and subject to appropriations, to (1) ensure each National Forest System (NFS) land management plan complies with applicable monitoring requirements of the National Forest Management Act (NFMA) (16 U.S.C. 1604(f)(5)(A)), prioritizing revisions for noncompliant plans; (2) deem plans not out of compliance solely for exceeding 15 years without revision; (3) submit to congressional committees, within 120 days of enactment, a notice of the most recent revision, amendment, or modification date for each plan; (4) publish a new complete version of any court-ordered amended, revised, or modified plan within 60 days thereafter, subject to appropriations; and (5) maintain a public website linking to court-ordered plans and the latest monitoring reports for each NFS unit. (As background, NFMA requires NFS plans to monitor conditions and be revised at least every 15 years.) It further voids these requirements for any plan if the Secretary fails to act expeditiously and in good faith on legally or judicially required updates using available funds, allowing a court to order accelerated completion; requires an implementation report to Congress within one year of enactment; and sunsets on September 30, 2031.

This section directs the Secretary and the Secretary of the Interior, in consultation with the National Interagency Aviation Committee and the Interagency Airtanker Board, to jointly (1) evaluate the container aerial firefighting system (i.e., a modular system for rapid aerial delivery of fire retardant using shipping containers) for use in mitigating and suppressing wildfires within 90 days of enactment and (2) submit a report on the evaluation to the relevant congressional committees within 120 days of enactment.

This section directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to conduct a study on the causes and effects of, and solutions for, pine beetle infestation in the Northeastern United States and, not later than one year after enactment, submit a report on the results to the relevant congressional committees.

This section establishes the White Oak Restoration Initiative Coalition as a voluntary collaborative group of federal, state, tribal, local governments, and private and nongovernmental organizations to coordinate white oak tree restoration activities in the United States and to make policy and program recommendations on addressing policy impediments, enhancing regeneration and resiliency, improving coordination among landowners, filling research gaps, conducting outreach to landowners, and increasing white oak availability in nurseries. It directs the Secretary of Agriculture and the Secretary of the Interior to provide the coalition with administrative, staffing, technical, and educational support. It authorizes the Secretary of Agriculture to transfer funds to the coalition from the account for nonfederal contributions to conservation technical assistance established under section 1241(f) of the Food Security Act of 1985 (16 U.S.C. 3841(f)), subject to the availability of appropriations.

This section directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to establish and carry out five pilot projects in National Forest System units to restore white oak trees through restoration and natural regeneration practices consistent with applicable forest management plans, with at least three projects in units reserved or withdrawn from the public domain. The Secretary may enter into cooperative agreements for implementation, and the authority terminates seven years after enactment.

This section directs the Secretary of the Interior to assess lands under department jurisdiction—including national wildlife refuges and abandoned mine lands—for the presence of white oak trees and restoration potential, using information from sources such as the White Oak Initiative and Forest Service, and to submit a report to Congress and post it publicly within 90 days of enactment. After report submission, the section requires the Secretary to establish and carry out five pilot projects on such lands to restore and naturally regenerate white oak trees, with authority to enter into cooperative agreements; the authority sunsets seven years after enactment.

This section establishes a nonregulatory White Oak and Upland Oak Habitat Regeneration Program, to be administered by the Secretary of Agriculture acting through the Chief of the Forest Service not later than 180 days after enactment. The program coordinates restoration and conservation activities among federal, state, local, Tribal, and private entities to regenerate white oak and upland oak forests and wildlife habitats; improve growth of white oak species on federal, state, Tribal, and private lands; enhance resilience to climate change; engage the public; and build scientific capacity (among other purposes listed). In implementing the program, the Secretary must consult specified federal agencies and state governors; prioritize activities using best available science; collaborate with the White Oak Restoration Initiative Coalition; adopt a restoration strategy emphasizing cost-effective, measurable outcomes with no net increase in federal full-time equivalent employees; and establish voluntary grant and technical assistance programs. The Secretary must offer a cooperative agreement to the National Fish and Wildlife Foundation (NFWF) to administer the grants, making annual advance payments to NFWF subject to prior appropriations, with funds subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) excluding its section 10(a) (16 U.S.C. 3709(a)) on standard appropriations. (Thus, program funding bypasses NFWF's routine authorization of $15 million to Interior, $5 million each to Agriculture and Commerce through FY2030.) The program's authority terminates 7 years after enactment.

This section directs the Secretary of Agriculture, acting through the Forest Service Chief, to develop and implement, not later than one year after enactment, a national strategy to increase capacity at federal, state, tribal, and private tree nurseries to address nationwide tree seedling shortages. The strategy must be based on best available science and data; coordinated with the Forest Service's national reforestation strategy and each regional National Forest implementation plan; and identify and address (1) regional shortages of bareroot and container tree seedlings, (2) regional reforestation opportunities and required seedling supply, (3) opportunities to enhance seedling diversity and seed inventories, and (4) barriers to expanding, enhancing, or creating nursery infrastructure.

This section authorizes the Secretary of Agriculture to enter into memoranda of understanding with an Indian Tribe or eligible institution—defined as an institution of higher education, including an 1862 Institution, 1890 Institution, or 1994 Institution (i.e., land-grant colleges and universities eligible for specified USDA funding)—to collaboratively conduct research on white oak trees. Such research covers (1) stress-resistant or tolerant genes, (2) trees exhibiting vigor for survival and growth, (3) genetically diverse seed banks, (4) sustainable seedlings and genetic resources, (5) climate-aligned seed sourcing, (6) natural and artificial reforestation, (7) retaining and increasing trees in forests, (8) reforesting abandoned mine lands, and (9) economic and social aspects of management across ownerships. Eligible entities may consult with states, nonprofits, and other scientific organizations, and the authority terminates seven years after enactment.

This section directs the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service (NRCS) and in coordination with the Chief of the Forest Service, to establish a formal initiative on white oak trees that—(1) reestablishes white oak forests where appropriate; (2) improves management of existing white oak forests to foster natural regeneration; (3) provides technical assistance to private landowners to reestablish, manage, and regenerate white oak trees; (4) improves and expands white oak nursery stock; and (5) adapts and improves white oak seedlings. The authority under this section terminates 7 years after enactment.

This section directs the Secretary of Agriculture and the Secretary of the Interior, to the maximum extent practicable, to use the authorities provided under this title in combination with other authorities—including good neighbor agreements under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a, as amended by this Act) and stewardship contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c, as amended by this Act)—to carry out projects. (Good neighbor agreements authorize the Secretaries to contract with states or counties to perform forest, rangeland, and watershed restoration services on federal lands and adjacent non-federal lands using state or county personnel or contractors.)