CHAPTER 84 - HEALTHY FOREST RESTORATION
Title 16 > CHAPTER 84
Sections (39)
§ 6501 Purposes
The purposes of this chapter are— to reduce wildfire risk to communities, municipal water supplies, and other at-risk Federal land through a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects; to authorize grant programs to improve the commercial value of forest biomass (that otherwise contributes to the risk of catastrophic fire or insect or disease infestation) for producing electric energy, useful heat, transportation fuel, and petroleum-based product substitutes, and for other commercial purposes; to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape; to promote systematic gathering of information to address the impact of insect and disease infestations and other damaging agents on forest and rangeland health; to improve the capacity to detect insect and disease infestations at an early stage, particularly with respect to hardwood forests; and to protect, restore, and enhance forest ecosystem components— to promote the recovery of threatened and endangered species; to improve biological diversity; and to enhance productivity and carbon sequestration. ( Pub. L. 108–148, § 2 , Dec. 3, 2003 , 117 Stat. 1888 .)
§ 6502 Definitions
In this chapter: The term “Federal land” means— land of the National Forest System (as defined in section 1609(a) of this title ) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and public lands (as defined in section 1702 of title 43 ), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. The term “Indian tribe” has the meaning given the term in section 5304 of title 25 . ( Pub. L. 108–148, § 3 , Dec. 3, 2003 , 117 Stat. 1888 .)
§ 6511 Definitions
In this subchapter: The term “at-risk community” means an area— that is comprised of— an interface community as defined in the notice entitled “Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire” issued by the Secretary of Agriculture and the Secretary of the Interior in accordance with title IV of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 114 Stat. 1009 ) (66 Fed. Reg. 753, January 4, 2001 ); or a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) within or adjacent to Federal land; in which conditions are conducive to a large-scale wildland fire disturbance event; and for which a significant threat to human life or property exists as a result of a wildland fire disturbance event. The term “authorized hazardous fuel reduction project” means the measures and methods described in the definition of “appropriate tools” contained in the glossary of the Implementation Plan, on Federal land described in section 6512(a) of this title and conducted under sections 6513 and 6514 of this title. The term “authorized hazardous fuel reduction project” includes, using the measures and methods described in subparagraph (A), the installation of— a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a “fuel break”); and a natural or constructed barrier used to stop or check a fire or to provide a control line from which to work to stop or check a fire (commonly known as a “firebreak”). The term “community wildfire protection plan” means a plan for an at-risk community that— is developed within the context of the collaborative agreements and the guidance established by the Wildland Fire Leadership Council and agreed to by the applicable local government, local fire department, and State agency responsible for forest management, in consultation with interested parties and the Federal land management agencies managing land in the vicinity of the at-risk community; identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment on Federal and non-Federal land that will protect 1 or more at-risk communities and essential infrastructure; and recommends measures to reduce structural ignitability throughout the at-risk community. The term “condition class 2”, with respect to an area of Federal land, means the condition class description developed by the Forest Service Rocky Mountain Research Station in the general technical report entitled “Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management” (RMRS–87), dated April 2000 (including any subsequent revision to the report), under which— fire regimes on the land have been moderately altered from historical ranges; there exists a moderate risk of losing key ecosystem components from fire; fire frequencies have increased or decreased from historical frequencies by 1 or more return intervals, resulting in moderate changes to— the size, frequency, intensity, or severity of fires; or landscape patterns; and vegetation attributes have been moderately altered from the historical range of the attributes. The term “condition class 3”, with respect to an area of Federal land, means the condition class description developed by the Rocky Mountain Research Station in the general technical report referred to in paragraph (4) (including any subsequent revision to the report), under which— fire regimes on land have been significantly altered from historical ranges; there exists a high risk of losing key ecosystem components from fire; fire frequencies have departed from historical frequencies by multiple return intervals, resulting in dramatic changes to— the size, frequency, intensity, or severity of fires; or landscape patterns; and vegetation attributes have been significantly altered from the historical range of the attributes. The term “day” means— a calendar day; or if a deadline imposed by this subchapter would expire on a nonbusiness day, the end of the next business day. The term “decision document” means— a decision notice (as that term is used in the Forest Service Handbook); a decision record (as that term is used in the Bureau of Land Management Handbook); and a record of decision (as that term is used in applicable regulations of the Council on Environmental Quality). The term “fire regime I” means an area— in which historically there have been low-severity fires with a frequency of 0 through 35 years; and that is located primarily in low elevation forests of pine, oak, or pinyon juniper. The term “fire regime II” means an area— in which historically there are stand replacement severity fires with a frequency of 0 through 35 years; and that is located primarily in low- to mid-elevation rangeland, grassland, or shrubland. The term “fire regime III” means an area— in which historically there are mixed severity fires with a frequency of 35 through 100 years; and that is located primarily in forests of mixed conifer, dry Douglas fir, or wet Ponderosa pine. The term “Implementation Plan” means the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, dated May 2002, developed pursuant to the conference report to accompany the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106–64) 1 (and subsequent revisions). The term “municipal water supply system” means the reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, and other surface facilities and systems constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water. The term “resource management plan” means— a land and resource management plan prepared for 1 or more units of land of the National Forest System described in section 6502(1)(A) of this title under section 1604 of this title ; or a land use plan prepared for 1 or more units of the public land described in section 6502(1)(B) of this title under section 1712 of title 43 . The term “Secretary” means— the Secretary of Agriculture, with respect to land of the National Forest System described in section 6502(1)(A) of this title ; and the Secretary of the Interior, with respect to public lands described in section 6502(1)(B) of this title . The term “threatened and endangered species habitat” means Federal land identified in— a determination that a species is an endangered species or a threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); a designation of critical habitat of the species under that Act; or a recovery plan prepared for the species under that Act. The term “wildland-urban interface” means— an area within or adjacent to an at-risk community that is identified in recommendations to the Secretary in a community wildfire protection plan; or in the case of any area for which a community wildfire protection plan is not in effect— an area extending ½-mile from the boundary of an at-risk community; an area within 1½ miles of the boundary of an at-risk community, including any land that— has a sustained steep slope that creates the potential for wildfire behavior endangering the at-risk community; has a geographic feature that aids in creating an effective fire break, such as a road or ridge top; or is in condition class 3, as documented by the Secretary in the project-specific environmental analysis; and an area that is adjacent to an evacuation route for an at-risk community that the Secretary determines, in cooperation with the at-risk community, requires hazardous fuel reduction to provide safer evacuation from the at-risk community. ( Pub. L. 108–148, title I, § 101 , Dec. 3, 2003 , 117 Stat. 1889 ; Pub. L. 115–141, div. O, title II, § 203 , Mar. 23, 2018 , 132 Stat. 1064 .)
§ 6512 Authorized hazardous fuel reduction projects
(a) Authorized projects As soon as practicable after December 3, 2003 , the Secretary shall implement authorized hazardous fuel reduction projects, consistent with the Implementation Plan, on— Federal land in wildland-urban interface areas; condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event; condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event; Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the presence of such an epidemic on immediately adjacent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if— natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species in a species recovery plan prepared under section 1533 of this title , or a notice published in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat; the authorized hazardous fuel reduction project will provide enhanced protection from catastrophic wildfire for the endangered species, threatened species, or habitat of the endangered species or threatened species; and the Secretary complies with any applicable guidelines specified in any management or recovery plan described in subparagraph (A).
(b) Relation to agency plans An authorized hazardous fuel reduction project shall be conducted consistent with the resource management plan and other relevant administrative policies or decisions applicable to the Federal land covered by the project.
(c) Acreage limitation Not more than a total of 20,000,000 acres of Federal land may be treated under authorized hazardous fuel reduction projects.
(d) Exclusion of certain Federal land The Secretary may not conduct an authorized hazardous fuel reduction project that would occur on— a component of the National Wilderness Preservation System; Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or a Wilderness Study Area.
(e) Old growth stands In this subsection and subsection (f): The term “applicable period” means— the 2-year period beginning on December 3, 2003 ; or in the case of a resource management plan that the Secretary is in the process of revising as of December 3, 2003 , the 3-year period beginning on December 3, 2003 . The term “covered project” means an authorized hazardous fuel reduction project carried out on land described in paragraph (1), (2), (3), or (5) of subsection (a). The term “management direction” means definitions, designations, standards, guidelines, goals, or objectives established for an old growth stand under a resource management plan developed in accordance with applicable law, including section 1604(g)(3)(B) of this title . The term “old growth stand” has the meaning given the term under management direction used pursuant to paragraphs (3) and (4), based on the structure and composition characteristic of the forest type, and in accordance with applicable law, including section 1604(g)(3)(B) of this title . In carrying out a covered project, the Secretary shall fully maintain, or contribute toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health, and retaining the large trees contributing to old growth structure. If the management direction for an old growth stand was established on or after December 15, 1993 , the Secretary shall meet the requirements of paragraph (2) in carrying out a covered project by implementing the management direction. Any amendment or revision to management direction for which final administrative approval is granted after December 3, 2003 , shall be consistent with paragraph (2) for the purpose of carrying out covered projects. If the management direction for an old growth stand was established before December 15, 1993 , the Secretary shall meet the requirements of paragraph (2) in carrying out a covered project during the applicable period by implementing the management direction. Subject to subparagraph (C), during the applicable period for management direction referred to in subparagraph (A), the Secretary shall— review the management direction for affected covered projects, taking into account any relevant scientific information made available since the adoption of the management direction; and amend the management direction for affected covered projects to be consistent with paragraph (2), if necessary to reflect relevant scientific information the Secretary did not consider in formulating the management direction. If the Secretary does not complete the review of the management direction in accordance with subparagraph (B) before the end of the applicable period, the Secretary shall not carry out any portion of affected covered projects in stands that are identified as old growth stands (based on substantial supporting evidence) by any person during scoping, within the period— beginning at the close of the applicable period for the management direction governing the affected covered projects; and ending on the earlier of— the date the Secretary completes the action required by subparagraph (B) for the management direction applicable to the affected covered projects; or the date on which the acreage limitation specified in subsection (c) (as that limitation may be adjusted by a subsequent Act of Congress) is reached. Nothing in this subsection requires the Secretary to revise or otherwise amend a resource management plan to make the project requirements of paragraph (2) apply to an activity other than a covered project.
(f) Large tree retention Except in old growth stands where the management direction is consistent with subsection (e)(2), the Secretary shall carry out a covered project in a manner that— focuses largely on small diameter trees, thinning, strategic fuel breaks, and prescribed fire to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and maximizes the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands. Nothing in this subsection prevents achievement of the purposes described in section 6501(1) of this title .
(g) Monitoring and assessing forest and rangeland health For each Forest Service administrative region and each Bureau of Land Management State Office, the Secretary shall— monitor the results of a representative sample of the projects authorized under this subchapter for each management unit; and not later than 5 years after December 3, 2003 , and each 5 years thereafter, issue a report that includes— an evaluation of the progress towards project goals; and recommendations for modifications to the projects and management treatments. An authorized hazardous fuel reduction project approved following the issuance of a monitoring report shall, to the maximum extent practicable, be consistent with any applicable recommendations in the report. The results of a monitoring report shall be made available for use (if appropriate) in an authorized hazardous fuels reduction project conducted in a similar vegetation type on land under the jurisdiction of the Secretary. Monitoring and assessment shall include a description of the changes in condition class, using the Fire Regime Condition Class Guidebook or successor guidance, specifically comparing end results to— pretreatment conditions; historical fire regimes; and any applicable watershed or landscape goals or objectives in the resource management plan or other relevant direction. In an area where significant interest is expressed in multiparty monitoring, the Secretary shall establish a multiparty monitoring, evaluation, and accountability process in order to assess the positive or negative ecological and social effects of authorized hazardous fuel reduction projects and projects conducted pursuant to section 6554 of this title . The Secretary shall include diverse stakeholders (including interested citizens and Indian tribes) in the process required under subparagraph (A). Funds to carry out this paragraph may be derived from operations funds for projects described in subparagraph (A). The Secretary may collect monitoring data by entering into cooperative agreements or contracts with, or providing grants to, small or micro-businesses, cooperatives, nonprofit organizations, Youth Conservation Corps work crews, or related State, local, and other non-Federal conservation corps. For each administrative unit, the Secretary shall track acres burned, by the degree of severity, by large wildfires (as defined by the Secretary). The Secretary shall, to the maximum extent practicable, develop a process for monitoring the need for maintenance of treated areas, over time, in order to preserve the forest health benefits achieved.
§ 6513 Prioritization
(a) In general In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk communities or watersheds or that implement community wildfire protection plans.
(b) Collaboration The Secretary shall consider recommendations under subsection (a) that are made by at-risk communities that have developed community wildfire protection plans. Chapter 10 of title 5 shall not apply to the planning process and recommendations concerning community wildfire protection plans.
(c) Administration Federal agency involvement in developing a community wildfire protection plan, or a recommendation made in a community wildfire protection plan, shall not be considered a Federal agency action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). In implementing authorized hazardous fuel reduction projects on Federal land, the Secretary shall, in accordance with section 6514 of this title , comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
(d) Funding allocation Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildland-urban interface. The funding allocation in subparagraph (A) shall apply at the national level. The Secretary may allocate the proportion of funds differently than is required under subparagraph (A) within individual management units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title . In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on December 3, 2003 , the Secretary shall use existing definitions of the term “wildland-urban interface” rather than the definition of that term provided under section 6511 of this title . In providing financial assistance under any provision of law for hazardous fuel reduction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have developed community wildfire protection plans. In allocating funding under this paragraph, the Secretary should, to the maximum extent practicable, give priority to communities that have adopted a community wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on private property.
(e) Cross-boundary hazardous fuel reduction projects In this subsection: The term “hazardous fuel reduction project” means a hazardous fuel reduction project described in paragraph (2). The term “non-Federal land” includes— State land; county land; Tribal land; private land; and other non-Federal land. The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2101a(a) of this title , as mutually agreed to by the State forester and the Regional Forester. To conduct and fund treatments for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under— section 2113a of this title ; and section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 16 U.S.C. 1011 note; Public Law 106–291 ). In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in consultation with the Secretary— shall consult with any applicable owners of the non-Federal land; and shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land. There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023.
§ 6514 Environmental analysis
(a) Authorized hazardous fuel reduction projects Except as otherwise provided in this subchapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with— the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq.]; and other applicable laws.
(b) Environmental assessment or environmental impact statement The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for each authorized hazardous fuel reduction project.
(c) Consideration of alternatives Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe— the proposed agency action; the alternative of no action; and an additional action alternative, if the additional alternative— is proposed during scoping or the collaborative process under subsection (f); and meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality. If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall— select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and provide a written record describing the reasons for the selection.
(d) Alternative analysis process for projects in wildland-urban interface For an authorized hazardous fuel reduction project that is proposed to be conducted in the wildland-urban interface, the Secretary is not required to study, develop, or describe more than the proposed agency action and 1 action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be conducted in the wildland-urban interface is located no further than 1½ miles from the boundary of an at-risk community, the Secretary is not required to study, develop, or describe any alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a community wildfire protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ).
(e) Public notice and meeting The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines. During the preparation stage of each authorized hazardous fuel reduction project, the Secretary shall— conduct a public meeting at an appropriate location proximate to the administrative unit of the Federal land on which the authorized hazardous fuel reduction project will be conducted; and provide advance notice of the location, date, and time of the meeting.
(f) Public collaboration In order to encourage meaningful public participation during preparation of authorized hazardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the Implementation Plan.
(g) Environmental analysis and public comment In accordance with section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement for an authorized hazardous fuel reduction project.
(h) Decision document The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.
§ 6515 Special administrative review process
(a) Interim final regulations Not later than 30 days after December 3, 2003 , the Secretary of Agriculture shall promulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land. The predecisional administrative review process required under paragraph (1) shall occur during the period— beginning after the completion of the environmental assessment or environmental impact statement; and ending not later than the date of the issuance of the final decision approving the project. To be eligible to participate in the administrative review process for an authorized hazardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action. The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations.
(b) Final regulations The Secretary shall promulgate final regulations to establish the process described in subsection (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment.
(c) Administrative review A person may bring a civil action challenging an authorized hazardous fuel reduction project in a Federal district court only if the person has challenged the authorized hazardous fuel reduction project by exhausting— the administrative review process established by the Secretary of Agriculture under this section; or the administrative hearings and appeals procedures established by the Department of the Interior. An issue may be considered in the judicial review of an action under section 6516 of this title only if the issue was raised in an administrative review process described in paragraph (1). An exception to the requirement of exhausting the administrative review process before seeking judicial review shall be available if a Federal court finds that the futility or inadequacy exception applies to a specific plaintiff or claim. If an agency fails or is unable to make information timely available during the administrative review process, a court should evaluate whether the administrative review process was inadequate for claims or issues to which the information is material.
§ 6516 Judicial review in United States district courts
(a) Venue Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located.
(b) Expeditious completion of judicial review In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
(c) Injunctions Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days. A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1). In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project. As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of— the short- and long-term effects of undertaking the agency action; against the short- and long-term effects of not undertaking the agency action.
§ 6517 Effect of subchapter
(a) Other authority Nothing in this subchapter affects, or otherwise biases, the use by the Secretary of other statutory or administrative authority (including categorical exclusions adopted to implement the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel reduction project on Federal land (including Federal land identified in section 6512(d) of this title ) that is not conducted using the process authorized by section 6514 of this title .
(b) National Forest System For projects and activities of the National Forest System other than authorized hazardous fuel reduction projects, nothing in this subchapter affects, or otherwise biases, the notice, comment, and appeal procedures for projects and activities of the National Forest System contained in part 215 of title 36, Code of Federal Regulations, or the consideration or disposition of any legal action brought with respect to the procedures.
§ 6518 Authorization of appropriations
There is authorized to be appropriated $660,000,000 for each of fiscal years 2019 through 2023 to carry out— activities authorized by this subchapter; and other hazardous fuel reduction activities of the Secretary, including making grants to States, local governments, Indian tribes, and other eligible recipients for activities authorized by law. ( Pub. L. 108–148, title I, § 108 , Dec. 3, 2003 , 117 Stat. 1901 ; Pub. L. 115–334, title VIII, § 8402 , Dec. 20, 2018 , 132 Stat. 4841 .)
§ 6531 Repealed. Pub. L. 115–334, title VIII, § 8403(a), Dec. 20, 2018, 132 Stat. 4841
§ 6541 Omitted
§ 6542 Water Source Protection Program
(a) Definitions In this section: The term “end water user” means a non-Federal entity, including— a State; a political subdivision of a State; an Indian tribe; a utility; a municipal water system; an irrigation district; a nonprofit organization; and a corporation. The term “forest management activity” means a project carried out by the Secretary on National Forest System land. The term “forest plan” means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 1604 of this title . The term “non-Federal partner” means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1). The term “Program” means the Water Source Protection Program established under subsection (b). The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service. The term “water source management plan” means the water source management plan developed under subsection (d)(1).
(b) Establishment The Secretary shall establish and maintain a program, to be known as the “Water Source Protection Program”, to carry out watershed protection and restoration projects on National Forest System land.
(c) Water source investment partnerships In carrying out the Program, the Secretary may enter into water source investment partnership agreements with end water users to protect and restore the condition of National Forest watersheds that provide water to the end water users. A partnership agreement described in paragraph (1) may take the form of— a memorandum of understanding; a cost-share or collection agreement; a long-term funding matching commitment; or another appropriate instrument, as determined by the Secretary.
(d) Water source management plan In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and applicable State, local, and Tribal governments, may develop a water source management plan that describes the proposed implementation of watershed protection and restoration projects under the Program. A water source management plan shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out. The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)— for each watershed protection and restoration project included in the water source management plan; or as part of the development of, or after the finalization of, the water source management plan.
(e) Forest management activities To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with paragraph (2), the Secretary shall carry out forest management activities as part of watershed protection and restoration projects carried out on National Forest System land, with the primary purpose of— protecting a municipal water supply system; restoring forest health from insect infestations and disease; or any combination of the purposes described in subparagraphs (A) and (B). The Secretary shall carry out forest management activities under paragraph (1) in accordance with— this chapter; the applicable water source management plan; the applicable forest plan; and other applicable laws.
(f) Endangered Species Act of 1973 In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, to comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.).
(g) Funds and services In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source management plan. The Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is at least equal to the amount of Federal funds. The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation. Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1). There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023. The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).
§ 6543 Watershed Condition Framework
(a) In general The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the “Secretary”), may establish and maintain a Watershed Condition Framework for National Forest System land— to evaluate and classify the condition of watersheds, taking into consideration— water quality and quantity; aquatic habitat and biota; riparian and wetland vegetation; the presence of roads and trails; soil type and condition; groundwater-dependent ecosystems; relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and other significant factors, as determined by the Secretary; to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on— wildfire behavior; flood risk; fish and wildlife; drinking water supplies; irrigation water supplies; forest-dependent communities; and other significant impacts, as determined by the Secretary; to develop a watershed protection and restoration action plan for each priority watershed that— takes into account existing restoration activities being implemented in the watershed; and includes, at a minimum— the major stressors responsible for the impaired condition of the watershed; a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions; a proposed implementation schedule; potential partners and funding sources; and a monitoring and evaluation program; to prioritize protection and restoration activities for each watershed restoration action plan; to implement each watershed protection and restoration action plan; and to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
(b) Coordination In carrying out subsection (a), the Secretary shall— coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and provide for an active and ongoing public engagement process.
(c) Emergency designation Notwithstanding paragraph (2) of subsection (a), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in that subsection if a Forest Supervisor determines that— a wildfire has significantly diminished the condition of the watershed; and the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.
§ 6551 Findings and purpose
(a) Findings Congress finds that— high levels of tree mortality resulting from insect infestation (including the interaction between insects and diseases) may result in— increased fire risk; loss of old trees and old growth; loss of threatened and endangered species; loss of species diversity; degraded watershed conditions; increased potential for damage from other agents of disturbance, including exotic, invasive species; and decreased timber values; forest-damaging insects destroy hundreds of thousands of acres of trees each year; in the West, more than 21,000,000 acres are at high risk of forest-damaging insect infestation, and in the South, more than 57,000,000 acres are at risk across all land ownerships; and severe drought conditions in many areas of the South and West will increase the risk of forest-damaging insect infestations; the hemlock woolly adelgid is— destroying streamside forests throughout the mid-Atlantic and Appalachian regions; threatening water quality and sensitive aquatic species; and posing a potential threat to valuable commercial timber land in northern New England; the emerald ash borer is a nonnative, invasive pest that has quickly become a major threat to hardwood forests because an emerald ash borer infestation is almost always fatal to affected trees; and the emerald ash borer pest threatens to destroy more than 692,000,000 ash trees in forests in Michigan and Ohio alone, and between 5 and 10 percent of urban street trees in the Upper Midwest; epidemic populations of Southern pine beetles are ravaging forests in Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; and in 2001, Florida and Kentucky experienced 146 percent and 111 percent increases, respectively, in Southern pine beetle populations; those epidemic outbreaks of Southern pine beetles have forced private landowners to harvest dead and dying trees, in rural areas and increasingly urbanized settings; according to the Forest Service, recent outbreaks of the red oak borer in Arkansas and Missouri have been unprecedented, with more than 1,000,000 acres infested at population levels never seen before; much of the damage from the red oak borer has taken place in national forests, and the Federal response has been inadequate to protect forest ecosystems and other ecological and economic resources; previous silvicultural assessments, while useful and informative, have been limited in scale and scope of application; and there have not been sufficient resources available to adequately test a full array of individual and combined applied silvicultural assessments; only through the full funding, development, and assessment of potential applied silvicultural assessments over specific time frames across an array of environmental and climatic conditions can the most innovative and cost effective management applications be determined that will help reduce the susceptibility of forest ecosystems to attack by forest pests; often, there are significant interactions between insects and diseases; many diseases (such as white pine blister rust, beech bark disease, and many other diseases) can weaken trees and forest stands and predispose trees and forest stands to insect attack; and certain diseases are spread using insects as vectors (including Dutch elm disease and pine pitch canker); and funding and implementation of an initiative to combat forest pest infestations and associated diseases should not come at the expense of supporting other programs and initiatives of the Secretary.
(b) Purposes The purposes of this subchapter are— to require the Secretary to develop an accelerated basic and applied assessment program to combat infestations by forest-damaging insects and associated diseases; to enlist the assistance of colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions), State agencies, and private landowners to carry out the program; and to carry out applied silvicultural assessments.
§ 6552 Definitions
In this subchapter: The term “applied silvicultural assessment” means any vegetative or other treatment carried out for information gathering and research purposes. The term “applied silvicultural assessment” includes timber harvesting, thinning, prescribed burning, pruning, and any combination of those activities. The term “1890 Institution” means a college or university that is eligible to receive funds under the Act of August 30, 1890 ( 7 U.S.C. 321 et seq.). The term “1890 Institution” includes Tuskegee University. The term “forest-damaging insect” means— a Southern pine beetle; a mountain pine beetle; a spruce bark beetle; a gypsy moth; a hemlock woolly adelgid; an emerald ash borer; a red oak borer; a white oak borer; and such other insects as may be identified by the Secretary. The term “Secretary” means— the Secretary of Agriculture, acting through the Forest Service, with respect to National Forest System land; and the Secretary of the Interior, acting through appropriate offices of the United States Geological Survey, with respect to federally owned land administered by the Secretary of the Interior. ( Pub. L. 108–148, title IV, § 402 , Dec. 3, 2003 , 117 Stat. 1908 .)
§ 6553 Accelerated information gathering regarding forest-damaging insects
(a) Information gathering The Secretary, acting through the Forest Service and United States Geological Survey, as appropriate, shall establish an accelerated program— to plan, conduct, and promote comprehensive and systematic information gathering on forest-damaging insects and associated diseases, including an evaluation of— infestation prevention and suppression methods; effects of infestations and associated disease interactions on forest ecosystems; restoration of forest ecosystem efforts; utilization options regarding infested trees; and models to predict the occurrence, distribution, and impact of outbreaks of forest-damaging insects and associated diseases; to assist land managers in the development of treatments and strategies to improve forest health and reduce the susceptibility of forest ecosystems to severe infestations of forest-damaging insects and associated diseases on Federal land and State and private land; and to disseminate the results of the information gathering, treatments, and strategies.
(b) Cooperation and assistance The Secretary shall— establish and carry out the program in cooperation with— scientists from colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions); Federal, State, and local agencies; and private and industrial landowners; and designate such colleges and universities to assist in carrying out the program.
§ 6554 Applied silvicultural assessments
(a) Assessment efforts For information gathering and research purposes, the Secretary may conduct applied silvicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects.
(b) Limitations Subsection (a) does not apply to— a component of the National Wilderness Preservation System; any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; a congressionally-designated wilderness study area; or an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan. Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas. Before being carried out, each applied silvicultural assessment under this subchapter shall be peer reviewed by scientific experts selected by the Secretary, which shall include non-Federal experts. The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A).
(c) Public notice and comment The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section. The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section.
(d) Categorical exclusion Applied silvicultural assessment and research treatments carried out under this section on not more than 1,000 acres for an assessment or treatment may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). Applied silvicultural assessments and research treatments categorically excluded under paragraph (1)— shall not be carried out in an area that is adjacent to another area that is categorically excluded under paragraph (1) that is being treated with similar methods; and shall be subject to the extraordinary circumstances procedures established by the Secretary pursuant to section 1508.4 of title 40, Code of Federal Regulations. The total number of acres categorically excluded under paragraph (1) shall not exceed 250,000 acres. In accordance with paragraph (1), the Secretary shall not be required to make any findings as to whether an applied silvicultural assessment project, either individually or cumulatively, has a significant effect on the environment.
§ 6555 Relation to other laws
The authority provided to each Secretary under this subchapter is supplemental to, and not in lieu of, any authority provided to the Secretaries under any other law. ( Pub. L. 108–148, title IV, § 405 , Dec. 3, 2003 , 117 Stat. 1911 .)
§ 6556 Termination of effectiveness
The authority provided by this subchapter terminates effective October 1, 2023 . ( Pub. L. 108–148, title IV, § 406 , Dec. 3, 2003 , 117 Stat. 1911 ; Pub. L. 115–334, title VIII, § 8406(a) , Dec. 20, 2018 , 132 Stat. 4845 .)
§ 6571 Establishment of healthy forests reserve program
(a) Establishment The Secretary of Agriculture shall establish the healthy forests reserve program for the purpose of restoring and enhancing forest ecosystems— to promote the recovery of threatened and endangered species; to improve biodiversity; to conserve forest land that provides habitat for species described in section 6572(b) of this title ; and to enhance carbon sequestration.
(b) Coordination The Secretary of Agriculture shall carry out the healthy forests reserve program in coordination with the Secretary of the Interior and the Secretary of Commerce.
§ 6572 Eligibility and enrollment of lands in program
(a) In general The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.
(b) Eligibility To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably— increase the likelihood of recovery of a species that is listed as endangered or threatened under section 1533 of this title ; or improve the well-being of a species that— is— not listed as endangered or threatened under such section; and a candidate for such listing, a State-listed species, or a special concern species; or is deemed a species of greatest conservation need by a State wildlife action plan.
(c) Other considerations In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will— improve biological diversity; conserve forest land that provides habitat for species described in subsection (b); and increase carbon sequestration.
(d) Enrollment by willing owners The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.
(e) Methods of enrollment Land may be enrolled in the healthy forests reserve program in accordance with— a 10-year cost-share agreement; a 30-year easement; or a permanent easement; or in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law. In this paragraph, the term “acreage owned by Indian tribes” includes— land that is held in trust by the United States for Indian tribes or individual Indians; land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance; land that is subject to rights of use, occupancy, and benefit of certain Indian tribes; land that is held in fee title by an Indian tribe; or land that is owned by a native corporation formed under section 5124 of title 25 or section 1607 of title 43 ; or a combination of 1 or more types of land described in clauses (i) through (v). In the case of acreage owned by an Indian tribe, the Secretary may enroll acreage into the healthy forests reserve program through the use of— a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement); a 10-year cost-share agreement; a permanent easement; or any combination of the options described in clauses (i) through (iii).
(f) Enrollment priority The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest conservation benefit to— primarily, species listed as endangered or threatened under section 1533 of this title ; and secondarily, species that— are not listed as endangered or threatened under section 1533 of this title ; but are candidates for such listing, State-listed species, or special concern species; or are deemed a species of greatest conservation need under a State wildlife action plan. The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended.
(g) Easement modification or termination The Secretary may modify or terminate an easement or other interest in land administered by the Secretary under this title if— the owner of the land agrees to the modification or termination; and the Secretary determines that the modification or termination— will address a compelling public need for which there is no practicable alternative; and is in the public interest. As consideration for termination of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory arrangement, as the Secretary determines to be appropriate. In the case of a modification of an easement or other interest in land under this subsection— as a condition of the modification, the owner of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate, to incur the costs of modification; and the Secretary shall ensure that— the modification will not adversely affect the forest ecosystem functions and values for which the easement or other interest in land was acquired; any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no additional cost to the Federal Government; and the modification will result in equal or greater environmental and economic values to the United States.
§ 6573 Restoration plans
(a) In general Land enrolled in the healthy forests reserve program shall be subject to a restoration plan, to be developed jointly by the landowner and the Secretary of Agriculture, in coordination with the Secretary of the Interior.
(b) Practices The restoration plan shall require such restoration practices and measures as are necessary to restore and enhance habitat for species described in section 6572(b) of this title , including the following: Land management practices. Vegetative treatments. Structural practices and measures. Practices to increase carbon sequestration. Practices to improve biological diversity. Other practices and measures.
§ 6574 Financial assistance
(a) Permanent easements In the case of land enrolled in the healthy forests reserve program using a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) 1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)— the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the easement.
(b) Thirty-year easement In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)— 75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.
(c) Ten-year agreement In the case of land enrolled in the healthy forests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)— fifty percent of the actual costs of the approved conservation practices; or fifty percent of the average cost of approved practices.
(d) Acceptance of contributions The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.
§ 6575 Technical assistance
(a) In general The Secretary of Agriculture shall provide landowners with technical assistance to assist the owners in complying with the terms of plans (as included in agreements or easements) under the healthy forests reserve program.
(b) Technical service providers The Secretary of Agriculture may request the services of, and enter into cooperative agreements with, individuals or entities certified as technical service providers under section 3842 of this title , to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program.
§ 6576 Protections and measures
(a) Protections In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Agriculture shall make available to the landowner safe harbor or similar assurances and protection under— section 1536(b)(4) of this title ; or section 1539(a)(1) of this title .
(b) Measures If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title , the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title .
§ 6577 Involvement by other agencies and organizations
In carrying out this subchapter, the Secretary of Agriculture may consult with— nonindustrial private forest landowners; other Federal agencies; State fish and wildlife agencies; State forestry agencies; State environmental quality agencies; other State conservation agencies; and nonprofit conservation organizations. ( Pub. L. 108–148, title V, § 507 , Dec. 3, 2003 , 117 Stat. 1914 .)
§ 6578 Funding
(a) Fiscal years 2009 through 2013 11 So in original. Heading and text do not correspond. Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 1 to carry out this subchapter.
(b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $12,000,000 for each of fiscal years 2014 through 2023.
(c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 6574 of this title .
(d) Duration of availability The funds made available under subsection (a) shall remain available until expended.
§ 6591 Forest stands inventory and monitoring program to improve detection of and response to environmental threats
(a) In general The Secretary of Agriculture shall carry out a comprehensive program to inventory, monitor, characterize, assess, and identify forest stands (with emphasis on hardwood forest stands) and potential forest stands— in units of the National Forest System (other than those units created from the public domain); and on private forest land, with the consent of the owner of the land.
(b) Issues to be addressed In carrying out the program, the Secretary shall address issues including— early detection, identification, and assessment of environmental threats (including insect, disease, invasive species, fire, and weather-related risks and other episodic events); loss or degradation of forests; degradation of the quality forest stands caused by inadequate forest regeneration practices; quantification of carbon uptake rates; and management practices that focus on preventing further forest degradation.
(c) Early warning system In carrying out the program, the Secretary shall develop a comprehensive early warning system for potential catastrophic environmental threats to forests to increase the likelihood that forest managers will be able to— isolate and treat a threat before the threat gets out of control; and prevent epidemics, such as the American chestnut blight in the first half of the twentieth century, that could be environmentally and economically devastating to forests.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2004 through 2008.
§ 6591a Designation of treatment areas
(a) Definition of declining forest health In this section, the term “declining forest health” means a forest that is experiencing— substantially increased tree mortality due to insect or disease infestation; or dieback due to infestation or defoliation by insects or disease.
(b) Designation of treatment areas Not later than 60 days after February 7, 2014 , the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic. After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats.
(c) Requirements To be designated a landscape-scale area under subsection (b), the area shall be— experiencing declining forest health, based on annual forest health surveys conducted by the Secretary; at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.
(d) Treatment of areas The Secretary may carry out priority projects on Federal land in the areas designated under subsection (b)— to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or to reduce hazardous fuels. Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2023 , may be carried out in accordance with subsections (b), (c), and (d) of section 6512 of this title , and sections 6514, 6515, and 6516 of this title. Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2). In accordance with the schedule described in subparagraph (B), the Secretary shall issue 2 reports on actions taken to carry out this subsection, including— an evaluation of the progress towards project goals; and recommendations for modifications to the projects and management treatments. The Secretary shall— not earlier than September 30, 2018 , issue the initial report under subparagraph (A); and not earlier than September 30, 2024 , issue the second report under that subparagraph.
(e) Tree retention The Secretary shall carry out projects under subsection (d) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease.
§ 6591b Administrative review
(a) In general Except as provided in subsection (d), a project described in subsection (b) that is conducted in accordance with section 6591a(d) of this title may be— considered an action categorically excluded from the requirements of Public Law 91–190 ( 42 U.S.C. 4321 et seq.); and exempt from the special administrative review process under section 6515 of this title .
(b) Collaborative restoration project A project referred to in subsection (a) is a project to carry out forest restoration treatments that— maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease; considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and is developed and implemented through a collaborative process that— includes multiple interested persons representing diverse interests; and is transparent and nonexclusive; or meets the requirements for a resource advisory committee under subsections (c) through (f) of section 7125 of this title . A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title .
(c) Limitations A project under this section may not exceed 3000 acres. A project under this section shall be limited to areas— in the wildland-urban interface; or Condition Classes 2 or 3 in Fire Regime Groups I, II, or III, outside the wildland-urban interface. A project under this section shall not include the establishment of permanent roads. The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.
(d) Exclusions This section does not apply to— a component of the National Wilderness Preservation System; any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; a congressionally designated wilderness study area; or an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.
(e) Forest management plans All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 1604 of this title for the unit of the National Forest System containing the projects and activities.
(f) Public notice and scoping The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section.
(g) Accountability The Secretary shall prepare an annual report on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section. Not later than 1 year after February 7, 2014 , and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to— the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Agriculture of the House of Representatives; the Committee on Natural Resources of the House of Representatives; and the Government Accountability Office.
§ 6591c Stewardship end result contracting projects
(a) Definitions In this section: The term “Chief” means the Chief of the Forest Service. The term “Director” means the Director of the Bureau of Land Management.
(b) Projects The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs.
(c) Land management goals The land management goals of a project under subsection (b) may include any of the following: Road and trail maintenance or obliteration to restore or maintain water quality. Soil productivity, habitat for wildlife and fisheries, or other resource values. Setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat. Removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives. Watershed restoration and maintenance. Restoration and maintenance of wildlife and fish. Control of noxious and exotic weeds and reestablishing native plant species.
(d) Agreements or contracts A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41 . The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). The value of timber or other forest products used as an offset under subparagraph (A)— shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and may— be determined using a unit of measure appropriate to the contracts; and may include valuing products on a per-acre basis. Notwithstanding subsections (d) and (g) of section 472a of this title , the Chief may enter into an agreement or contract under subsection (b). Notwithstanding the Materials Act of 1947 ( 30 U.S.C. 602(a) ), 1 the Director may enter into an agreement or contract under subsection (b). Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). Not later than 90 days after February 7, 2014 , the Chief shall issue for use in all contracts and agreements under this section fire liability provisions that are in substantially the same form as the fire liability provisions contained in— integrated resource timber contracts, as described in the Forest Service contract numbered 2400–13, part H, section H.4; and timber sale contracts conducted pursuant to section 472a of this title .
(e) Receipts The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. Monies from an agreement or contract under subsection (b)— may be retained by the Chief and the Director; and shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. The Act of June 9, 1930 (commonly known as the “Knutson-Vanderberg 2 Act”) ( 16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b).
(f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— section 490 of this title ; and section 498 of this title .
(g) Performance and payment guarantees The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may— use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or if there are no outstanding liabilities described in subparagraph (A), apply the excess to other authorized stewardship projects.
(h) Cancellation ceilings Notwithstanding section 3903(b)(1) of title 41 , the Chief and the Director may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under subsection (b). Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to that cancellation ceiling, the Chief or the Director, as applicable, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— a description of the cancellation ceiling amounts proposed for each program year in the agreement or contract; the reasons why the cancellation ceiling amounts described under subparagraph (A) were selected; a description of the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. Not later than 14 days after the date on which written notice is provided under paragraph (2), the Chief or the Director, as appropriate, shall transmit a copy of the notice to the Director of the Office of Management and Budget.
(i) Monitoring and evaluation The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. Other than the Chief and Director, participants in the process described in paragraph (1) may include— any cooperating governmental agencies, including tribal governments; and any other interested groups or individuals.
(j) Reporting Not later than 1 year after February 7, 2014 , and annually thereafter, the Chief and the Director shall submit to the congressional committees described in subsection (h)(2) a report on— the status of development, execution, and administration of agreements or contracts under subsection (b); the specific accomplishments that have resulted; and the role of local communities in the development of agreements or contract plans.
§ 6591d Wildfire resilience projects
(a) In general Hazardous fuels reduction projects, as defined in section 6511(2) of this title may be— carried out in accordance with subsections (b), (c), and (d) of section 6512 of this title and sections 6514 and 6515 of this title; considered an action categorically excluded from the requirements of Public Law 91–190 ( 42 U.S.C. 4321 et seq.); and exempt from the special administrative review process under section 6515 of this title .
(b) Collaborative restoration project A project referred to in subsection (a) is a project to carry out forest restoration treatments that— maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease, and reduce the risk or extent of, or increase the resilience to, wildfires; considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and is developed and implemented through a collaborative process that— includes multiple interested persons representing diverse interests; and is transparent and nonexclusive; or meets the requirements for a resource advisory committee under subsections (c) through (f) of section 7125 of this title . A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title .
(c) Limitations A project under this section may not exceed 3000 acres. A project under this section shall be— Prioritized within the wildland-urban interface; If located outside the wildland-urban interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and Limited to areas designated under section 6591a(b) of this title as of March 23, 2018 . A project under this section shall not include the establishment of permanent roads. The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed. The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, code of Federal regulations 1 (or successor regulations), when using the categorical exclusion under this section.
(d) Exclusions This section does not apply to— a component of the National Wilderness Preservation System; any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; a congressionally designated wilderness study area; or an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.
(e) Forest management plans All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 1604 of this title for the unit of the National Forest System containing the projects and activities.
(f) Public notice and scoping The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section.
(g) Accountability The Secretary shall prepare an annual report on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section. Not later than 1 year after March 23, 2018 , and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to— the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Agriculture of the House of Representatives; the Committee on Natural Resources of the House of Representatives; and the Government Accountability Office.
§ 6591e Categorical exclusion for greater sage-grouse and mule deer habitat
(a) Definitions In this section: The term “covered vegetation management activity” means any activity described in subparagraph (B) that— is carried out on National Forest System land administered by the Forest Service; or is carried out on public land administered by the Bureau of Land Management; with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015 ; conforms to an applicable forest plan or land use plan; protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in— Circular 1416 of the United States Geological Survey entitled “Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat—Part 1. Concepts for Understanding and Applying Restoration” (2015); or the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies; will not permanently impair— the natural state of the treated area; outstanding opportunities for solitude; outstanding opportunities for primitive, unconfined recreation; economic opportunities consistent with multiple-use management; or the identified values of a unit of the National Landscape Conservation System; restores native vegetation following a natural disturbance; prevents the expansion into greater sage-grouse or mule deer habitat of— juniper, pinyon pine, or other associated conifers; or nonnative or invasive vegetation; reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or provides emergency stabilization of soil resources after a natural disturbance; and provides for the conduct of restoration treatments that— maximize the retention of old-growth and large trees, as appropriate for the forest type; consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; are developed and implemented through a collaborative process that— includes multiple interested persons representing diverse interests; and is transparent and nonexclusive; or meets the requirements for a resource advisory committee under subsections (c) through (f) of section 7125 of this title ; and may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title . An activity referred to in subparagraph (A) is— manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation; mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding; removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation; collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method; seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization; targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans; targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds; temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met; in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary concerned to achieve restoration treatment objectives; installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads to accomplish the activities described in this subparagraph. The term “covered vegetation management activity” does not include— any activity conducted in a wilderness area or wilderness study area; any activity for the construction of a permanent road or permanent trail; any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; any activity conducted in an area in which activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or any activity conducted in an inventoried roadless area. The term “Secretary concerned” means— the Secretary of Agriculture, with respect to National Forest System land; and the Secretary of the Interior, with respect to public land. The term “temporary road” means a road that is— authorized— by a contract, permit, lease, other written authorization; or pursuant to an emergency operation; not intended to be part of the permanent transportation system of a Federal department or agency; not necessary for long-term resource management; designed in accordance with standards appropriate for the intended use of the road, taking into consideration— safety; the cost of transportation; and impacts to land and resources; and managed to minimize— erosion; and the introduction or spread of invasive species.
(b) Categorical exclusion Not later than 1 year after December 20, 2018 , the Secretary concerned shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer. In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall— comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); with respect to National Forest System land, apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and consider— the relative efficacy of landscape-scale habitat projects; the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and the need for habitat restoration activities after wildfire or other natural disturbances.
(c) Implementation of covered vegetative management activities within the range of greater sage-grouse and mule deer If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management activity in an area within the range of both greater sage-grouse and mule deer, the covered vegetative management activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer.
(d) Long-term monitoring and maintenance Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary concerned shall develop a long-term monitoring and maintenance plan, covering at least the 20-year period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity.
(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— used for— fuel wood; or other products; or piled or burned, or both.
(f) Treatment for temporary roads 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)— shall be used by the Secretary concerned for the covered vegetation management activity for not more than 2 years; and shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date on which— the temporary road is no longer needed; and the project is completed. A treatment under paragraph (1) shall include reestablishing native vegetative cover— as soon as practicable; but not later than 10 years after the date of completion of the applicable covered vegetation management activity.
(g) Limitations A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres. 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 .
§ 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 fiscal 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 Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, by not later than September 30, 2027 , conduct restoration treatments and improve the Fire Regime Condition Class of 10,000,000 acres that are located in— the wildland-urban interface; or a public drinking water source area.
(c) Activities Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026— 10,000,000 shall be made available to the Secretary of the Interior; and 600,000,000 shall be made available for the salaries and expenses of Federal wildland firefighters in accordance with subsection (d), of which— 480,000,000 shall be made available to the Secretary of Agriculture; 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; 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 November 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; 50,000,000 shall be made available to the Secretary of the Interior; and 20,000,000 shall be made available to the Secretary of Agriculture to enter into an agreement with a Southwest Ecological Restoration Institute established under the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6701 et seq.)— to compile and display existing data, including geographic data, for hazardous fuel reduction or wildfire prevention treatments undertaken by the Secretary of the Interior or the Secretary of Agriculture, including treatments undertaken with funding provided under this title; 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; to facilitate coordination and use of existing and future interagency fuel treatment data, including geographic data, for the purposes of— assessing and planning cross-boundary fuel treatments; and monitoring the effects of treatments on wildfire outcomes and ecosystem restoration services, using the data compiled under subparagraphs (A) and (B); to publish a report every 5 years showing the extent to which treatments described in subparagraph (A) and previous wildfires affect the boundaries of wildfires, categorized by— Federal land management agency; region of the United States; and treatment type; and to carry out other related activities of a Southwest Ecological Restoration Institute, as authorized by the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6701 et seq.); 10,000,000 shall be made available to the Secretary of the Interior; and 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 Restoration Program established under section 7303 of this title in accordance with subsection (e); 100,000,000 shall be made available to the Secretary of the Interior; and 500,000,000 shall be made available to the Secretary of Agriculture, in cooperation with States, to award community wildfire defense grants to at-risk communities in accordance with subsection (f); 250,000,000 shall be made available to the Secretary of the Interior; and 500,000,000 shall be made available for developing or improving potential control locations, 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— 250,000,000 shall be made available to the Secretary of Agriculture; 100,000,000 shall be made available to the Secretary of the Interior; and 200,000,000 shall be made available for post-fire restoration activities that are implemented not later than 3 years after the date that a wildland fire is contained, of which— 100,000,000 shall be made available to the Secretary of Agriculture; 10,000,000 shall be available to the Secretary of the Interior and the Secretary of Agriculture 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 Subject to the availability of appropriations, not later than 180 days after November 15, 2021 , the Secretary of the Interior and the Secretary of Agriculture shall, using the amounts made available under subsection (c)(2), coordinate with the Director of the Office of Personnel Management to develop a distinct “wildland firefighter” occupational series. Any individual employed as a wildland firefighter on the date on which the occupational series established under paragraph (1) takes effect may elect— to remain in the occupational series in which the individual is employed; or to be included in the “wildland firefighter” occupational series established under that paragraph. Using the amounts made available under subsection (c)(2), beginning October 1, 2021 , the Secretary of the Interior and the Secretary of Agriculture shall— seek to convert not fewer than 1,000 seasonal wildland firefighters to wildland firefighters that— are full-time, permanent, year-round Federal employees; and reduce hazardous fuels on Federal land not fewer than 800 hours per year; and increase the base salary of a Federal wildland firefighter by the lesser of an amount that is commensurate with an increase of $20,000 per year or an amount equal to 50 percent of the base salary, if the Secretary concerned, in coordination with the Director of the Office of Personnel Management, makes a written determination that the position of the Federal wildland firefighter is located within a specified geographic area in which it is difficult to recruit or retain a Federal wildland firefighter. Using the amounts made available under subsection (c)(2), not later than October 1, 2022 , the Secretary of the Interior and the Secretary of Agriculture shall— develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards; and establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize and address 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)— 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”); provide up to 5 years of additional funding of any proposal originally selected for funding under the Program prior to September 30, 2018 — that has been approved for an extension of funding by the Secretary of Agriculture prior to November 15, 2021 ; or that has been recommended for an extension of funding by the advisory panel established under section 7303(e) of this title prior to November 15, 2021 , that the Secretary of Agriculture subsequently approves; and select project proposals for funding under the Program in a manner that— gives priority to a project proposal that will treat acres that— have been identified as having very high wildfire hazard potential; and are located in— the wildland-urban interface; or a public drinking water source area; takes into consideration— the cost per acre of Federal land or Indian forest land or rangeland acres described in subparagraph (A) to be treated; and the number of acres described in subparagraph (A) to be treated; gives priority to a project proposal that is proposed by a collaborative that has successfully accomplished treatments consistent with a written plan that included a proposed schedule of completing those treatments, which is not limited to an earlier proposal funded under the Program; and 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 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 (c)(12), establish a program, which shall be separate from the program established under section 5133 of title 42 , under which the Secretary of Agriculture, in cooperation with the States, shall award grants to at-risk communities, including Indian Tribes— to develop or revise a community wildfire protection plan; and to carry out projects described in a community wildfire protection plan that is not more than 10 years old. In awarding grants under the program described in paragraph (1), the Secretary of Agriculture shall give priority to an at-risk community that is— in an area identified by the Secretary of Agriculture as having high or very high wildfire hazard potential; a low-income community; or a community impacted by a severe disaster. A grant— awarded under paragraph (1)(A) shall be for not more than 10,000,000. Except as provided in clause (ii), the non-Federal cost (including the administrative cost) of carrying out a project using funds from a grant awarded under the program described in paragraph (1) shall be— not less than 10 percent for a grant awarded under paragraph (1)(A); and not less than 25 percent for a grant awarded under paragraph (1)(B). The Secretary of Agriculture may waive the cost-sharing requirement under clause (i) for a project that serves an underserved community. 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— is located in the continental United States; and has not adopted an ordinance or regulation that requires the construction of new roofs on buildings to adhere to standards that are similar to, or more stringent than— the roof construction standards established by the National Fire Protection Association; or 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— 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 ; that reduce the likelihood of experiencing uncharacteristically severe effects from a potential wildfire by focusing on areas strategically important for reducing the risks associated with wildfires; that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; that do not include the establishment of permanent roads; for which funding would be committed to decommission all temporary roads constructed to carry out the project; and that fully maintain or contribute toward the restoration of the structure and composition 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 watershed 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 Secretary of Agriculture, acting through the Chief of the Forest Service, shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using funds made available under this section improved the Fire Regime Condition Class of the land described in subsection (b).
(i) Wildfire prevention study Not later than 180 days after November 15, 2021 , the Secretary of Agriculture shall initiate a study of the construction and maintenance of a system of strategically placed fuelbreaks to control wildfires in western States. The study under paragraph (1) shall review— a full suite of manual, chemical, and mechanical treatments; and the effectiveness of the system described in that paragraph in reducing wildfire risk and protecting communities. Not later than 90 days after the date of completion of the study under paragraph (1), the Secretary of Agriculture shall determine whether to initiate the preparation of a programmatic environmental impact statement implementing the system described in that paragraph in appropriate locations.
(j) Monitoring, maintenance, and treatment plan and strategy Not later than 120 days after November 15, 2021 , the Secretary of Agriculture and the Secretary of the Interior shall establish a 5-year monitoring, maintenance, and treatment plan that— 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 restoration treatments and improving the Fire Regime Condition Class of 10,000,000 acres of Federal land or Tribal Forest land or rangeland that is identified as having very high wildfire hazard potential, not including annual treatments otherwise scheduled; establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires; includes an innovative plan and process— to leverage public-private partnerships and resources, shared stewardship agreements, good neighbor agreements, and similar contracting authorities; 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 ; to streamline subsequent projects based on existing statutory or regulatory authorities; and to develop interagency teams to increase coordination and efficiency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 ) [ 42 U.S.C. 4321 et seq.]; and establishes a process for coordinating prioritization and treatment with State and local entities and affected stakeholders. Not later than 5 years after November 15, 2021 , the Secretary of Agriculture and the Secretary of the Interior, in coordination with State and local governments, shall publish a long-term, outcome-based monitoring, maintenance, and treatment strategy— to maintain forest health improvements and wildfire risk reduction accomplished under this section; to continue treatment at levels necessary 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 to proactively conduct treatment at a level necessary to minimize the risk of wildfire 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 subsection (c) shall be considered an authorized hazardous fuel reduction project pursuant to section 6512 of this title .
§ 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 fiscal years 2022 through 2026.
(b) Activities Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026— 50,000,000 shall be made available to the Secretary of the Interior to enter into contracts described in subparagraph (A)(i); 100,000,000 shall be made available until expended to the Secretary of the Interior, notwithstanding any other provision of this Act, to establish the Working Capital Fund described in subparagraph (A)(ii); 40,000,000 shall be made available to the Secretary of the Interior; and 400,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to facilities that purchase and process byproducts from ecosystem restoration projects in accordance with subsection (d); 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 disturbance on non-Federal land and Federal land; 100,000,000 shall be made available to the Secretary of the Interior; and 100,000,000 shall be made available to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, in accordance with subsection (e); 100,000,000 shall be made available to the Secretary of the Interior; and 200,000,000 shall be made available to establish and implement a national revegetation effort on Federal and non-Federal land, including to implement the National Seed Strategy for Rehabilitation and Restoration, of which— 130,000,000 shall be made available to the Secretary of Agriculture; and $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 restoration program to restore water quality or fish passage on Federal land, including Indian forest land or rangeland, in accordance with subsection (f).
(c) Ecological health restoration contracts 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 Secretary of the Interior and the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources and the Committee 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 detailed description of each project; and an estimate of the cost, including salaries and expenses, for the project. Appropriations Acts may provide for alternate allocation of amounts made available under subsection (b)(1), consistent with the allocations under subparagraph (B) of that subsection. If Congress has not enacted legislation establishing alternate allocations described in paragraph (2) by the date on which the Act making full-year appropriations for the Department 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.
(d) Wood products infrastructure The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall— develop a ranking system that categorizes units of Federal land, including Indian forest land or rangeland, with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation, as being— very low priority for ecological restoration involving vegetation removal; low priority for ecological restoration involving vegetation removal; medium priority for ecological restoration involving vegetation removal; high priority for ecological restoration involving vegetation removal; or very high priority for ecological restoration involving vegetation removal; determine, for a unit identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal, if— a sawmill or other wood-processing facility exists in close proximity to, or a forest worker is seeking to conduct restoration treatment work on or in close proximity to, the unit; and 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; in accordance with any conditions the Secretary of Agriculture determines to be necessary, using the amounts made available under subsection (b)(3), provide financial assistance, including a low-interest loan or a loan guarantee, to an entity seeking to establish, 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 restoration, 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 paragraph (2)(B); and to the extent practicable, when allocating funding to units of Federal land for ecological restoration projects involving vegetation removal, give priority to a unit of Federal land that— has been identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal; and has a sawmill or other wood-processing facility— that, as determined under paragraph (2)— exists in close proximity to the unit; and does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit; or that has received financial assistance under paragraph (3).
(e) Recreation sites Of the amounts made available under subsection (b)(7), 35,000,000 shall be made available the 1 Secretary of Agriculture to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, that have experienced or may likely experience visitation and use beyond the carrying capacity of the sites. Of the amounts made available under subsection (b)(7), 5,000,000 shall be made available to the Secretary of Agriculture for associated salaries and expenses in carrying out that subparagraph. The Secretary of Agriculture may enter into a lease or cooperative agreement with a State, Indian Tribe, local government, or private entity— to carry out the activities described in subparagraph (A); or to manage the renting of a cabin or building described in subparagraph (A) to the public. A project shall not be eligible for funding under this subsection if— funding for the project would be used for deferred maintenance, as defined by Federal Accounting Standards Advisory Board; and 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, landscape-scale restoration program Subject to the availability of appropriations, not later than 180 days after November 15, 2021 , the Secretary of Agriculture shall, in coordination with the Secretary of the Interior and using the amounts made available under subsection (b)(10)— solicit collaboratively developed proposals that— 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; contain proposed accomplishments and proposed non-Federal funding; and request not more than $5,000,000 in funding made available under subsection (b)(10); select project proposals for funding in a manner that— 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 discontinues funding for a project that fails to achieve the results included in a proposal submitted under paragraph (1) for more than 2 consecutive years; and publish a list of— all of the priority watersheds on National Forest System land; the condition of each priority watershed on November 15, 2021 ; and the condition of each priority watershed on the date that is 5 years after November 15, 2021 .
§ 6592b Establishment of fuel breaks in forests and other wildland vegetation
(a) Definition of Secretary concerned In this section, the term “Secretary concerned” means— the Secretary of Agriculture, with respect to National Forest System land; and the Secretary of the Interior, with respect 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 designated 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 decision memorandum.
(c) Forest management activities designated for categorical exclusion The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 1702 of title 43 ) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are— up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community. Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (b) are— mowing or masticating; thinning by manual and mechanical cutting; piling, yarding, and removal of slash or hazardous fuels; selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts; targeted grazing; application of— pesticide; biopesticide; or herbicide; seeding of native species; controlled burns and broadcast burning; and burning of piles, including jackpot piles. 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— in a component of the National Wilderness Preservation System; 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; in a wilderness study area; or in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan. The Secretary concerned shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b).
(d) Acreage and location limitations Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)— may not contain treatment units in excess of 3,000 acres; shall be located primarily in— the wildland-urban interface or a public drinking water source area; if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or an insect or disease area designated by the Secretary concerned as of November 15, 2021 ; and shall consider the best available scientific information.
(e) Roads A project under this section shall not include the establishment of permanent roads. The Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. The Secretary concerned shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.
(f) Public collaboration To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project— collaboration among State and local governments and Indian Tribes; and participation of interested persons.
§ 6592c Emergency actions
(a) Definitions In this section: The term “authorized emergency action” means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land. The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results: Relief from hazards threatening human health and safety. Mitigation of threats to natural resources on National Forest System land or adjacent land. The term “emergency situation determination” means a determination made by the Secretary under subsection (b)(1)(A). The term “land and resource management plan” means a plan developed under section 1604 of this title . The term “National Forest System land” means land of the National Forest System (as defined in section 1609(a) of this title ). The term “Secretary” means the Secretary of Agriculture.
(b) Authorized emergency actions to respond to emergency situations The Secretary may make a determination that an emergency situation exists with respect to National Forest System land. An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations). An emergency situation determination shall be based on an examination of the relevant information. After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on National Forest System land or adjacent land, including through— the salvage of dead or dying trees; the harvest of trees damaged by wind or ice; the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species; the removal of hazardous trees in close proximity to roads and trails; the removal of hazardous fuels; the restoration of water sources or infrastructure; the reconstruction of existing utility lines; and the replacement of underground cables. Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource management plan.
(c) Environmental analysis If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 4332(2) of title 42 , the Secretary shall study, develop, and describe— the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent practicable; and the alternative of no action. The Secretary shall provide notice of each authorized emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines. The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1). Nothing in this subsection prohibits the Secretary from— making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or taking an emergency action under section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations).
(d) Administrative review of authorized emergency actions An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 6515 of this title and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 ( 16 U.S.C. 6515 note; Public Law 112–74 ).
(e) Judicial review of emergency actions A court shall not enjoin an authorized emergency action under this section if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.
(f) Notification and guidance The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section.
§ 6592d Joint Chiefs Landscape Restoration Partnership program
(a) Definitions In this section: The term “Chiefs” means the Chief of the Forest Service and the Chief of the Natural Resources Conservation Service. The term “eligible activity” means an activity— to reduce the risk of wildfire; to protect water quality and supply; or to improve wildlife habitat for at-risk species. The term “Program” means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1). The term “Secretary” means the Secretary of Agriculture. The term “wildland-urban interface” has the meaning given the term in section 6511 of this title .
(b) Establishment The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land. The Secretary shall administer the Program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest landscape to improve the health and resilience of the forest landscape by— assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conservation Service under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title ( 16 U.S.C. 3831 et seq.); and conducting eligible activities on National Forest System land or assisting landowners in implementing eligible activities on State, Tribal, or private land using the applicable programs and authorities administered by the Chief of the Forest Service.
(c) Selection of eligible activities The appropriate Regional Forester and State Conservationist shall jointly submit to the Chiefs on an annual basis proposals for eligible activities under the Program.
(d) Evaluation criteria In evaluating and selecting proposals submitted under subsection (c), the Chiefs shall consider— criteria including whether the proposal— reduces wildfire risk in a municipal watershed or the wildland-urban interface; was developed through a collaborative process with participation from diverse stakeholders; increases forest workforce capacity or forest business infrastructure and development; leverages existing authorities and non-Federal funding; provides measurable outcomes; or supports established State and regional priorities; and such other criteria relating to the merits of the proposals as the Chiefs determine to be appropriate.
(e) Outreach The Secretary shall provide— public notice on the websites of the Forest Service and the Natural Resources Conservation Service describing— the solicitation of proposals under subsection (c); and the criteria for selecting proposals in accordance with subsection (d); and information relating to the Program and activities funded under the Program to States, Indian Tribes, units of local government, and private landowners.
(f) Exclusions An eligible activity may not be carried out under the Program— in a wilderness area or designated wilderness study area; in an inventoried roadless area; on any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; or in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan.
(g) Accountability Not later than 1 year after November 15, 2021 , the Secretary shall submit to Congress a report providing recommendations to Congress relating to the Program, including a review of— funding mechanisms for the Program; staff capacity to carry out the Program; privacy laws applicable to the Program; data collection under the Program; monitoring and outcomes under the Program; and such other matters as the Secretary considers to be appropriate. For each of fiscal years 2022 and 2023, the Chiefs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects.
(h) Funding There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023. In addition to the funds described in paragraph (1), the Secretary may obligate available funds from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to November 15, 2021 , to carry out the Program. Funds made available under paragraph (1) shall remain available until expended. Of the funds made available under paragraph (1)— not less than 40 percent shall be allocated to carry out eligible activities through the Natural Resources Conservation Service; not less than 40 percent shall be allocated to carry out eligible activities through the Forest Service; and the remaining funds shall be allocated by the Chiefs to the Natural Resources Conservation Service or the Forest Service— to carry out eligible activities; or for other purposes, such as technical assistance, project development, or local capacity building.