Overview

Title

An Act To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.

ELI5 AI

The "Fix Our Forests Act" is a plan to make forests safer from big fires by taking care of trees better and using teamwork with various groups, but some people worry it might not always be clear how the money is used and whether the environment is always protected.

Summary AI

H.R. 8790, titled the "Fix Our Forests Act," aims to address wildfire risks and improve forest management on national, public, and tribal lands. The bill proposes measures such as establishing fireshed management areas, promoting shared stewardship, and supporting forest restoration initiatives to make fire-prone forests more resilient. Additionally, it sets up partnerships and programs for wildfire defense, white oak restoration, and public-private collaborations under a water source protection program. The bill also calls for technological and scientific advancements to enhance wildfire preparation and recovery efforts.

Published

2024-11-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-11-12
Package ID: BILLS-118hr8790rfs

Bill Statistics

Size

Sections:
43
Words:
22,348
Pages:
114
Sentences:
340

Language

Nouns: 6,706
Verbs: 1,569
Adjectives: 1,318
Adverbs: 147
Numbers: 922
Entities: 959

Complexity

Average Token Length:
4.32
Average Sentence Length:
65.73
Token Entropy:
5.68
Readability (ARI):
35.09

AnalysisAI

The bill, titled the "Fix Our Forests Act," aims to address and manage concerns related to forest management, wildfire risks, and related environmental issues on various land types, including federal lands, lands under the Bureau of Land Management, and tribal lands. Comprising multiple titles, the bill emphasizes landscape-scale restoration, community protection in fire-prone areas, transparency and technology in forest management, and targeted conservation efforts such as white oak restoration. It also focuses on partnerships and reforms of existing programs to enhance forest health and mitigate wildfire risks.

Summary of Significant Issues

Several significant issues are evident in the bill. One notable concern is the "Commonsense litigation reform" (Section 121), which imposes limitations on judicial oversight. This could constrain courts' abilities to address inappropriate agency actions regarding fireshed management projects, raising accountability and environmental protection issues. Similarly, the expansion of fireshed management project size (Section 106) from 3,000 acres to 10,000 acres may diminish transparency and public participation by applying categorical exclusions, potentially leading to oversight concerns about environmental impacts.

The exclusion of National Environmental Policy Act (NEPA) requirements for some processes, including fireshed management area designations (Section 101) and fireshed assessments (Section 105), may restrict environmental reviews and public engagement, raising transparency issues. The bill also lacks specificity in funding and implementation timelines in several sections, such as those requiring public availability of reports (Section 302) and intra-agency strike teams (Section 113).

Impact on the Public and Stakeholders

The public may benefit from the bill's efforts to reduce wildfire risks and improve forest resilience, potentially leading to greater safety for communities near high-risk areas and preserving valuable natural resources. By emphasizing landscape-scale restoration and fostering public-private partnerships, the bill seeks to address long-term ecological health while involving diverse stakeholders. However, the effectiveness of these benefits hinges on the bill's implementation details and adherence to environmental standards.

Stakeholders, including federal and local agencies, tribal groups, and conservation organizations, may experience both positive and negative impacts. Agencies might find opportunities to collaborate more closely across jurisdictions, leveraging resources for efficient forest management. Yet, the lack of clear criteria and oversight measures may hinder effectiveness, lead to resource misallocation, or exacerbate administrative burdens. Environmental and public advocacy groups may express concern over reduced transparency and accountability in legislative reforms, potentially impacting trust in the management of public lands.

Conclusion

The Fix Our Forests Act represents a comprehensive legislative effort to address pressing wildland management and conservation issues. While it provides a framework for significant improvements in forest health and community safety, the success of the bill will depend on its detailed implementation, balancing stakeholder interests, and maintaining robust environmental and public oversight mechanisms. Addressing these issues is vital to ensuring fair and effective outcomes for all stakeholders involved.

Financial Assessment

The "Fix Our Forests Act," aims to enhance forest management and wildfire resilience on national, public, and tribal lands. It involves various financial allocations and references that are essential to understanding its implications and execution.

Financial Allocations and Adjustments

One noteworthy financial reference is found in Section 114, which amends the National Forest Management Act of 1976 by adjusting the cost threshold for locally led restoration projects. The threshold is increased from $10,000 to $55,000. Additionally, it states that, beginning January 1, 2025, this amount will be annually adjusted based on the Consumer Price Index. This adjustment aims to reflect inflation and ensure that adequate funding is available for effective forest management projects in light of rising costs over time.

Addressing Budgetary Concerns and Financial Constraints

Some sections of the bill raise concerns due to their financial implications. For example, Section 302 requires the submission of "Accurate hazardous fuels reduction reports" to Congress, yet does not specify additional funding to support this increased administrative workload. There is concern that this unfunded mandate could strain existing resources, which might affect transparency and accountability if the required data collection and reporting compromise other funding areas.

Additionally, Section 401 establishes the "Wildland Fire Management Casualty Assistance Program", which provides aid to the next-of-kin of firefighters. The lack of specified limits for travel expense reimbursements in the program poses the risk of excessive costs, potentially creating financial management challenges or necessitating the reallocation of funds within the program to cover unpredictable expenses.

Unique Financial Prioritization

The act allocates resources to specialized projects like the white oak restoration, noted in Section 503. The focus on white oak might appear narrowly defined and raises questions about whether these resources reflect the broader conservation priorities. Critics might argue that the financial emphasis on specific initiatives, such as white oak restoration, could divert funds from more pressing environmental conservation needs that affect a larger ecosystem or greater area of public interest.

Potential for Vague Financial Oversight

In Section 303, the "Public-private wildfire technology deployment and demonstration partnership" does not detail specific budgetary limits, contributing to concerns regarding unchecked government expenditure. Without clear financial caps, there could be misuse of funds or inefficient allocation, especially if partnerships do not yield proportionate benefits to costs incurred, thereby potentially straining public resources without adequate oversight.

Conclusion

Overall, while the "Fix Our Forests Act" aims to address critical environmental concerns, the accompanying financial allocations present various challenges. The act increases funding thresholds for particular projects and requires comprehensive reports, but in some instances lacks clarity or detailed budgetary constraints. If not addressed, these issues could lead to financial inefficiencies or place undue stress on existing budgets, affecting the act's overall effectiveness and its goal of improving forest resilience and management.

Issues

  • Section 121: The 'Commonsense litigation reform' introduces significant limitations on judicial oversight of fireshed management projects, which may raise concerns about legal accountability and environmental protection. Particularly, subsection (c) restricts the court's ability to issue orders, potentially limiting judicial checks on agency actions.

  • Section 106: The expansion of project size limits from 3,000 acres to 10,000 acres for fireshed management might lead to environmental concerns regarding proper oversight and ecological impacts, as it reduces transparency and public involvement through categorical exclusions.

  • Section 101: The exclusion of NEPA requirements for designating fireshed management areas potentially limits environmental review and public engagement, raising concerns about transparency and the potential environmental impact of such designations.

  • Section 302: The requirement for public availability of 'Accurate hazardous fuels reduction reports' prescribes additional administrative work without specific funding, which might lead to resource constraints, undermining transparency and accountability.

  • Section 401: The 'Wildland Fire Management Casualty Assistance Program' lacks specificity in travel reimbursement limits for next-of-kin, potentially leading to excessive costs and financial management issues.

  • Section 503: The focus on white oak in the 'Department of the Interior white oak review and restoration' section might appear narrow and unjustified, raising questions about resource allocation priorities amid broader conservation needs.

  • Section 113: Ambiguity in the role and responsibilities of intra-agency strike teams could result in overlapping duties with existing teams, leading to inefficiencies and potential wasteful spending.

  • Section 303: The 'Public-private wildfire technology deployment and demonstration partnership' does not specify budgetary constraints, which might lead to unchecked government spending and potential misuse of funds.

  • Section 105: The lack of a specific timeline or guidelines for conducting fireshed assessments under the exemption from NEPA requirements could delay initiatives, possibly resulting in environmental and safety risks.

  • Section 302: The section requires a report to Congress within two weeks of implementing standardized procedures, which may be impractical and lead to incomplete policy recommendations.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Fix Our Forests Act is a bill with several titles that focus on different aspects of forest management and wildfire risk reduction. It includes programs for landscape-scale restoration, protecting communities in high-risk areas, improving transparency and technology, providing casualty assistance to firefighters, enhancing white oak resilience, and expanding public-private partnerships for water source protection.

2. Definitions Read Opens in new tab

Summary AI

This section provides definitions for terms used in the bill, including roles such as the Director of the Fireshed Center and Secretaries of Departments, as well as concepts like firesheds, forest plans, and hazardous fuels management activities. It also clarifies the meaning of geographic areas like National Forest System lands and Indian forest land or rangeland, and identifies entities such as State, special district, and relevant Congressional Committees.

101. Designation of fireshed management areas Read Opens in new tab

Summary AI

The section establishes guidelines for identifying and managing "fireshed management areas" to reduce wildfire risks. These areas are selected based on wildfire exposure risks, and the selection process includes consultation with relevant authorities and uses mapping updates every five years. The selection is exempt from the National Environmental Policy Act requirements.

102. Fireshed center Read Opens in new tab

Summary AI

The Fireshed Center, established by the Secretary of the Interior and the Secretary of the Forest Service, will consist of representatives from various federal agencies to assess and manage fire and smoke risks. Its purposes include improving data tools, promoting coordination among different levels of government and organizations, and streamlining processes related to wildland fire management and recovery.

103. Fireshed registry Read Opens in new tab

Summary AI

The section requires the Secretary, through the Director of the Fireshed Center, to maintain a publicly accessible Fireshed Registry that includes detailed geospatial data on wildfire risks and management activities for individual firesheds. It also mandates the availability of this data for local communities to aid in developing community wildfire protection plans, as well as the maintenance of a database to track federal environmental reviews and the effectiveness of fireshed management projects.

104. Shared stewardship Read Opens in new tab

Summary AI

The section outlines that the Secretary must, within 90 days of receiving a request, make a shared stewardship agreement with a state's Governor or an Indian Tribe to work together on reducing wildfire risks and assessing areas prone to fires. It also mentions that these agreements can be updated to include more areas or to address new wildfire dangers if the Governor or Tribe asks for it.

105. Fireshed assessments Read Opens in new tab

Summary AI

The section details the process and requirements for conducting fireshed assessments, where the Secretary and state Governors or Indian Tribes evaluate wildfire risks within designated areas and plan projects to manage these risks, prioritizing community safety and environmental protection. Additionally, it allows for local government participation, uses advanced technology and data for assessments, and excludes National Environmental Policy Act (NEPA) processes.

106. Emergency fireshed management Read Opens in new tab

Summary AI

The section outlines the initiation and management of fireshed projects by designated officials to reduce wildfire risks through activities like hazardous fuel management, tree removal, and vegetation control. It also expands existing rules and areas for fire management, including new definitions and increased maximum areas for treatment projects under various acts such as the Healthy Forests Restoration Act and the Infrastructure Investment and Jobs Act.

107. Sunset Read Opens in new tab

Summary AI

The authority granted by this section of the law will end 7 years after the law is first put into action.

111. Modification of the treatment of certain revenue and payments under good neighbor agreements Read Opens in new tab

Summary AI

The proposed changes to Section 8206 of the Agricultural Act of 2014 expand the definition of entities eligible to manage funds from good neighbor agreements to include "special districts" and extend the deadline for using these funds from 2024 to 2029. Additionally, the amendments allow these entities to use the funds for various restoration and road management activities and apply to projects started both before and after the enactment of the new bill.

112. Fixing stewardship end result contracting Read Opens in new tab

Summary AI

The text amends the Healthy Forests Restoration Act to ensure forest management contracts can last up to 20 years and introduces provisions that require 10% of the contract value to be paid to contractors if long-term contracts are canceled. A long-term contract is defined as one lasting more than 5 years.

113. Intra-agency strike teams Read Opens in new tab

Summary AI

The section establishes intra-agency strike teams to help with reviewing various environmental and historic regulations, preparing sites for fireshed management projects, and carrying out these projects. These teams can be made up of federal employees, private contractors, and volunteers, and the authority for these teams will end seven years after the law is enacted.

114. Locally-led restoration Read Opens in new tab

Summary AI

The amendment to the National Forest Management Act of 1976 increases the threshold amount from $10,000 to $55,000 and further adjusts this amount annually for changes in the Consumer Price Index starting in 2025. Additionally, it mandates the Secretary to seek bids for fireshed management projects 30 days after the law is enacted.

Money References

  • (a) Threshold adjustment.—Section 14(d) of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) is amended by— (1) striking “$10,000” and inserting “$55,000”; and (2) by adding at the end the following: “Beginning on January 1, 2025, and annually thereafter, the amount in the first sentence of this subsection shall be adjusted by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”. (b) Fireshed management projects.—Beginning on the date that is 30 days after the date of enactment of this Act, the Secretary shall solicit bids under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) for fireshed management projects under section 106. ---

115. Joint Chiefs landscape restoration partnership program Read Opens in new tab

Summary AI

The Joint Chiefs landscape restoration partnership program in the Infrastructure Investment and Jobs Act has been revised to include additional goals such as recovery from wildfires and enhancement of natural resources. It also updates certain priorities and reporting timelines, extending requirements through 2028 for some provisions.

116. Collaborative forest landscape restoration program Read Opens in new tab

Summary AI

The section updates the Collaborative Forest Landscape Restoration Program under the Omnibus Public Land Management Act of 2009 by making amendments that include the use of innovative strategies, addressing monitoring questions, supporting collaborative processes, and expanding geographical and ecological considerations for forest management. It also extends the program's authorization through 2029.

117. Utilizing grazing for wildfire risk reduction Read Opens in new tab

Summary AI

The Secretary of Agriculture, through the Forest Service, is tasked with creating a plan to use livestock grazing to help reduce wildfire risks. This includes allowing grazing on more land during emergencies, targeting specific areas for grazing, using temporary permits to manage plant growth, using grazing to help land recover after fires, and applying all relevant legal powers.

118. Program to support priority reforestation and restoration projects of Department of the Interior Read Opens in new tab

Summary AI

The Program to Support Priority Reforestation and Restoration Projects of the Department of the Interior is a plan that requires the Secretary of the Interior, along with other federal agency leaders, to identify and support important reforestation and restoration projects on lands affected by unexpected events like wildfires. This involves creating cooperative agreements, consulting with tribes and local governments, and submitting yearly reports to Congress, and it will expire seven years after the law is enacted.

121. Commonsense litigation reform Read Opens in new tab

Summary AI

A bill section outlines rules for courts regarding agency actions related to fireshed management projects. It restricts court interventions unless there is a significant environmental risk and limits judicial reviews to certain conditions, while also setting time frames for filing claims and defining relevant terms like "agency document" and "covered agency action."

122. Consultation on forest plans Read Opens in new tab

Summary AI

The proposed changes to the Forest and Rangeland Renewable Resources Planning Act and the Federal Land Policy and Management Act state that no additional consultations are needed when new species are listed or critical habitats are designated, or when new information highlights effects on such species or habitats, as long as these occur after a land or forest management plan has been approved, amended, or revised. This means that ongoing plans do not have to be reviewed each time new species or critical habitats are recognized unless they impact the plan in ways not previously considered.

201. Community wildfire risk reduction program Read Opens in new tab

Summary AI

The Community Wildfire Risk Reduction Program is established by the Secretaries to help reduce wildfire risks and damage in communities, especially those in wildland-urban areas. The program will involve multiple federal agencies, support research and community partnerships for fire resistance, and provide simplified, unified grant application processes, with a planned termination after seven years.

202. Community wildfire defense research program Read Opens in new tab

Summary AI

The Community Wildfire Defense Research Program, established under this bill, is an initiative led by the Secretaries to enhance the fire-resistance of buildings and communities through innovative designs and materials. It includes a competition to encourage new ideas, promotes collaboration with the Department of Energy, and will terminate seven years after the law is enacted.

203. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way Read Opens in new tab

Summary AI

The section amends the Federal Land Policy and Management Act by expanding the distance within which hazard trees must be managed near power lines to 150 feet, requiring consultation with private landowners about tree removal, and establishing a timeline for the plan review process, including automatic approval procedures and detailed correspondence for plans needing modifications.

204. Categorical exclusion for electric utility lines rights-of-way Read Opens in new tab

Summary AI

The section establishes a categorical exclusion for certain forest management activities related to electric utility line rights-of-way, exempting them from environmental assessments unless they occur in protected wilderness areas or places where vegetation removal is prohibited by Congress. It also specifies that permanent roads cannot be built, though existing roads can be maintained, and temporary roads must be removed within three years.

205. Seeds of success Read Opens in new tab

Summary AI

The "Seeds of Success strategy" is a plan, to be developed within two years, aimed at boosting the domestic supply of seeds by enhancing interagency coordination, promoting the use of native plants after wildfires, creating partnerships for plant restoration, expanding seed storage, and improving permit processes. This strategy requires collaboration between the Secretaries and the Secretary of Defense, and they must report progress to the relevant Congressional Committees.

301. Biochar innovations and opportunities for conservation, health, and advancements in research Read Opens in new tab

Summary AI

This section of the bill outlines a program for developing and commercializing biochar, a type of carbonized biomass. It sets rules for demonstration projects, provides funding for research, and aims to promote the use of biochar for environmental benefits and job creation, particularly in rural areas. The program will involve partnerships and grants, with activities taking place across various regions and focusing on innovations in biochar applications.

302. Accurate hazardous fuels reduction reports Read Opens in new tab

Summary AI

The section mandates that starting the fiscal year after the act is enacted, the Secretary concerned must report to Congress on hazardous fuels reduction activities on federal lands. The report should detail the acres treated, wildfire risk levels, effectiveness of activities, and other specifics, while ensuring accuracy through standardized data collection procedures. Additionally, a GAO study will review the implementation of these reporting requirements, and no extra funds are authorized for these activities.

303. Public-private wildfire technology deployment and demonstration partnership Read Opens in new tab

Summary AI

In this section of the bill, a pilot program is established for testing and demonstrating new technologies to prevent, detect, communicate, and mitigate wildfires. The program involves collaboration between federal agencies and various covered entities, such as private companies and educational institutions, with a focus on emerging technologies like artificial intelligence and augmented reality, and will last for 7 years.

304. GAO study on Forest Service policies Read Opens in new tab

Summary AI

The section mandates that the Comptroller General of the United States has 3 years from the enactment of the Act to conduct a study on the Forest Service. This study will evaluate the Forest Service's wildland firefighting effectiveness, budget transparency, and the idea of creating a new federal agency for handling wildland fires. A report of the study's findings must then be submitted to Congress.

305. Forest Service Western headquarters study Read Opens in new tab

Summary AI

The Chief of the Forest Service is required to conduct a study within 5 years to evaluate locations for a new Western headquarters, considering options in at least three states west of the Mississippi River. The study will examine the benefits of this new headquarters, such as better customer service, improved employee recruitment and retention, and operational efficiency. A report on the findings must then be submitted to Congress.

306. Keeping forest plans current and monitored Read Opens in new tab

Summary AI

The section outlines duties for the Secretary to ensure forest plans are up-to-date and shared publicly, emphasizing compliance with legal requirements, prioritizing revisions for outdated plans, and establishing a central website for forest plans and reports. Additionally, if the Secretary fails to act quickly and honestly on these tasks due to insufficient funding, these directives become invalid for the affected plans, and a court can expedite plan completion.

307. Container Aerial Firefighting System (CAFFS) Read Opens in new tab

Summary AI

The section requires the Secretary of Agriculture and the Secretary of the Interior to evaluate and report on the use of container aerial firefighting systems for combating wildfires, with input from national aviation committees. The findings must be submitted to specific congressional committees within a specified timeframe.

308. Study on pine beetle infestation Read Opens in new tab

Summary AI

The section mandates the Secretary of Agriculture, via the Forest Service Chief, to conduct a study on the pine beetle infestation in the northeastern U.S. within one year of the Act's enactment and to present a report on the findings to relevant Congressional Committees.

401. Wildland Fire Management Casualty Assistance Program Read Opens in new tab

Summary AI

The Wildland Fire Management Casualty Assistance Program aims to support the families of firefighters and wildland fire support personnel who are injured or killed in the line of duty. The program includes notification and financial assistance for travel expenses, management procedures for effective case handling, and collaboration with various government agencies to ensure survivors receive necessary benefits and support.

501. White Oak Restoration Initiative Coalition Read Opens in new tab

Summary AI

The White Oak Restoration Initiative Coalition is established as a voluntary group involving various governmental and non-governmental entities to enhance the health and growth of white oak trees in the U.S. It aims to improve collaboration, make policy recommendations, and support research and outreach efforts for white oak restoration, with administrative support and potential funding provided by the Secretaries of the Interior and Agriculture.

502. Forest Service pilot program Read Opens in new tab

Summary AI

The section describes a program where the Secretary of Agriculture will start five pilot projects in national forests to restore white oak trees. At least three of these projects must take place in forests that are reserved from the public domain, and the program will end seven years after the law is enacted.

503. Department of the Interior white oak review and restoration Read Opens in new tab

Summary AI

The Secretary of the Interior is tasked with checking land managed by the Department of the Interior, like wildlife refuges, to see if white oak trees are there and if it's possible to restore them. After reporting the findings to Congress, they will start five projects to help white oak trees grow again, with the option to work with other groups on these projects. This work, including all related authority, will end seven years after the law is enacted.

504. White oak regeneration and upland oak habitat Read Opens in new tab

Summary AI

The "White Oak and Upland Oak Habitat Regeneration Program" is established by the Secretary of Agriculture to improve and regenerate white oak forests across the United States through scientific and collaborative efforts with various agencies and organizations. The program includes initiatives like grants and technical assistance for restoration activities and is set to operate for 7 years from the enactment of the Act.

505. Tree nursery shortages Read Opens in new tab

Summary AI

The section requires the Secretary of Agriculture to create a plan within one year to increase the capacity of tree nurseries across the country to address seedling shortages. The plan should be scientifically based and focus on solving regional seedling shortages, supporting reforestation efforts, enhancing seedling diversity, and overcoming obstacles to nursery expansion.

506. White oak research Read Opens in new tab

Summary AI

The section authorizes the Secretary of Agriculture to collaborate with Tribes or institutions, including specific land grant colleges, to research various aspects of white oak trees, such as genetic diversity and reforestation techniques. This authority will expire 7 years after the bill's enactment, and allows for consultation with various entities to enhance the research.

507. USDA formal initiative Read Opens in new tab

Summary AI

The Secretary of Agriculture, through the Natural Resources Conservation Service and the Forest Service, will start a program focused on white oak trees to help re-establish forests, improve current ones, assist private landowners, enhance nursery stock, and adapt seedlings. This initiative will last for 7 years after the law is enacted.

508. Authorities Read Opens in new tab

Summary AI

The section describes how the Secretaries of the Interior and Agriculture can use their powers under this law, along with other laws, to complete projects. These projects could include partnerships called "good neighbor agreements" and "stewardship contracting projects" under specific Acts.

601. Water source protection program Read Opens in new tab

Summary AI

The amendment to Section 303 of the Healthy Forests Restoration Act of 2003 introduces a definition for "adjacent land" and emphasizes partnership with local entities for watershed protection projects. It outlines requirements and priorities for these projects, which include improving water supply and quality and enhancing forest health, while highlighting conditions for involving non-federal land. The amendment seeks cooperation with non-federal partners and leverages existing watershed plans to minimize redundancy.

602. Watershed condition framework technical corrections Read Opens in new tab

Summary AI

The amendment to Section 304(a) of the Healthy Forests Restoration Act of 2003 removes the words "protection and" from paragraphs (3) and (5), altering how the legislation addresses certain aspects of watershed condition management.