Overview

Title

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 like a big plan to help take care of forests so they don't catch fire easily. It wants to use new ideas and teamwork to make forests safer by cleaning them up and taking care of them better.

Summary AI

The "Fix Our Forests Act" (H.R. 8790) is proposed legislation aimed at improving the management of forested areas in the United States to make them less prone to wildfires. The bill seeks to streamline forest management activities across National Forest System lands, public lands, and Tribal lands and supports reducing wildfire risks through collaborative projects and improved regulatory frameworks. It establishes programs for community wildfire risk reduction, encourages innovation in fire-resistant building, and promotes the use of biochar for environmental benefits, while also enhancing data transparency and reporting on forest management activities. The bill includes measures to facilitate partnerships, improve legal frameworks around forest conservation efforts, and leverage new technologies to detect and prevent wildfires.

Published

2024-06-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-18
Package ID: BILLS-118hr8790ih

Bill Statistics

Size

Sections:
25
Words:
13,789
Pages:
73
Sentences:
199

Language

Nouns: 4,171
Verbs: 957
Adjectives: 788
Adverbs: 96
Numbers: 606
Entities: 623

Complexity

Average Token Length:
4.36
Average Sentence Length:
69.29
Token Entropy:
5.63
Readability (ARI):
37.05

AnalysisAI

The "Fix Our Forests Act" is a legislative proposal intended to enhance forest management activities across National Forest System lands, public lands under the Bureau of Land Management, and Tribal lands. Its primary objective is to mitigate wildfire risks by promoting resilience in overgrown, fire-prone forested regions. The bill introduces a series of measures fondly rooted in landscape-scale restoration, protection of communities near wildland-urban areas, litigation reform, and promoting partnerships for wildfire technology advancements.

General Summary of the Bill

The Act seeks to expedite processes under the National Environmental Policy Act of 1969 to address forest overgrowth. It does so by defining and managing "fireshed management areas" that focus on high-priority zones identified based on their wildfire risk. Key components include setting up a centralized "Fireshed Center" to coordinate data and strategy, a "Community Wildfire Risk Reduction Program" to support local initiatives, and new categorizations that exclude certain electric line rights-of-way from environmental assessments. A notable point is the bill's sunset clause, which stipulates its measures to end after seven years.

Significant Issues

One major issue within the bill is the exclusion of National Environmental Policy Act (NEPA) requirements when designating fireshed management areas. This exclusion might reduce environmental oversight and public participation, which are critical for transparent and accountable governance. Additionally, the section outlining the Fireshed Center involves multiple federal agencies, raising concerns about bureaucratic inefficiencies and overlapping responsibilities.

The bill's interpretation of wildfire risks appears broad and somewhat ambiguous, potentially leading to inconsistent implementation across different fireshed areas. The significant increase in hazardous fuels management project sizes from 3,000 to 10,000 acres also poses a risk of uncontrolled spending without rigorous cost oversight and justification.

Another concern is the limitation on judicial review and injunctive relief for fireshed projects. This could be seen as diminishing public recourse in holding authorities accountable for environmental impacts. Furthermore, overlapping definitions, particularly regarding the roles and responsibilities of various secretaries involved, might lead to confusion and misalignment in executing the bill's provisions.

Broad Impact on the Public

Broadly, the bill aims to enhance forest safety and ecological health, potentially reducing the frequency and severity of wildfires in targeted areas. This could lead to increased public safety, particularly for communities near high-risk zones, and a more sustainable management of natural resources. However, these gains come with the risk of diminished environmental oversight—compounded by the exclusion of NEPA requirements—which may lead the public to question the trade-offs between expedited project approvals and long-term ecological impacts.

Impact on Specific Stakeholders

The bill positively impacts stakeholders such as federal and state agencies that gain expanded authorities and streamlined processes to manage forest lands more effectively. Forest industries could also benefit from provisions like the extended contract durations and increased project scope, enhancing resource use and economic opportunities.

Conversely, environmental advocacy groups might view the bill's provisions skeptically due to perceived reductions in environmental safeguards and public stakeholder engagement. Local communities, while ultimately gaining from reduced fire risks, may initially be disadvantaged by diminished avenues for participation in project planning and litigation, reducing their ability to influence decisions that could affect their immediate environment.

Overall, while aimed at improving forest management and reducing wildfire risks, the "Fix Our Forests Act" presents a balanced blend of opportunities and challenges, requiring meticulous oversight to ensure that its benefits to public safety do not come at the cost of environmental integrity and public accountability.

Financial Assessment

The "Fix Our Forests Act" (H.R. 8790) introduces several financial considerations aimed at improving forest management activities in the United States. It identifies spending, adjustments to financial thresholds, and references to financial mechanisms within forest conservation initiatives. This commentary explores how money is referenced and allocated within the proposed legislation and connects these financial aspects to some key issues.

Financial References in the Bill

Threshold Adjustment

One of the notable financial references is in Section 114, which amends the National Forest Management Act of 1976 by increasing a financial threshold from $10,000 to $55,000. This increase ties to bidding processes for fireshed management projects, allowing for higher expenditures without requiring additional approvals. It also calls for adjusting this threshold annually based on the Consumer Price Index. This adjustment raises questions about the bill's fiscal responsibility, particularly as there is no detailed justification for such a significant increase from a relatively low threshold.

Funds for Biochar Facilities

Section 301 allows for funding partnerships to establish biochar facilities. Notably, this funding can't exceed 35% of the total capital cost of establishing a biochar facility. This cap intends to control spending and encourage collaboration from other funding sources. However, there are concerns relating to financial oversight and whether these funds will be managed transparently.

Financial Implications and Related Issues

Increased Project Sizes and Financial Oversight

The bill notably increases the size of allowable hazardous fuels management projects from 3,000 acres to 10,000 acres in Section 106. This expansion could have considerable financial implications, such as increased costs and resource allocation requirements. Without careful management, this could lead to unnecessary expenditures, echoing concerns about potential wasteful spending. Moreover, such an expansion might need more robust financial oversight to ensure that allocations align with the intended conservation goals.

Implications for Judicial Review Limitations

Although not a direct financial reference, Section 121 limits judicial review and injunctive relief, which indirectly relates to financial considerations. Restricting judicial intervention could accelerate project timelines and reduce potential legal costs associated with delays. Yet, it might also lead to proceedings that overlook financial irregularities during project implementation, especially if spending transparency is not prioritized.

Concerns About Budget Management and Technology Programs

There are potential issues concerning unrestricted financial management in Section 102 for the Fireshed Center and Section 303 for the Public-private wildfire technology deployment pilot program. The absence of explicit financial controls or budget management protocols in these sections might lead to uncontrolled spending. Efficient coordination and explicit budget prescriptions would help mitigate such concerns, ensuring funds are spent efficiently and accountably.

In summary, while the "Fix Our Forests Act" takes strides in restructuring and increasing financial thresholds for forest management projects, these changes must be matched with appropriate financial oversight and justification. Clear fiscal guidelines and accountability measures can ensure that the financial resources contribute effectively to reducing wildfire risks and enhancing forest resilience.

Issues

  • The exclusion of National Environmental Policy Act (NEPA) requirements for the designation of fireshed management areas under Section 101 may raise concerns about bypassing environmental review and public participation processes typically required for such actions.

  • The establishment of the Fireshed Center (Section 102) involves numerous federal agencies, which could lead to bureaucratic inefficiencies and potential overlap of efforts without a clear mechanism for efficient coordination.

  • The broad and potentially ambiguous criteria for determining 'wildfire exposure and corresponding risk to communities' used for designating fireshed management areas in Section 101 could lead to inconsistent assessments and implementation.

  • The section allowing the categorical exclusion for electric utility lines rights-of-way in Section 204 bypasses the need for an environmental impact assessment, potentially leading to environmental consequences that are not fully considered.

  • The limitation on judicial review and injunctive relief in Section 121 could be perceived as restricting access to judicial recourse, which might raise concerns among environmental advocacy groups regarding the balance of environmental protection and legal rights.

  • The definition overlaps and potential confusion among the terms 'Secretary', 'Secretaries', and 'Secretary concerned' in Section 2 could lead to ambiguity and misalignment of responsibilities across federal agencies involved.

  • The potential lack of financial oversight highlighted in Section 102 for the Fireshed Center and Section 303 for the Public-private wildfire technology deployment pilot program might raise concerns about uncontrolled spending and transparency in budget management.

  • The significant increase in allowable hazardous fuels management project size from '3,000 acres' to '10,000 acres' in Section 106 might lead to increased costs and resource allocations, potentially resulting in wasteful spending if not carefully managed.

  • The adjustment of the $10,000 threshold to $55,000 in Section 114 represents a significant change and lacks a detailed justification for the increase, raising questions about fiscal responsibility and intended outcomes.

  • The 'Community wildfire defense research program' under Section 202 does not specify which Secretaries are responsible for the program, causing potential ambiguity about accountability.

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" aims to manage and restore forest landscapes, primarily focusing on wildfire risk reduction and forest health. It includes measures for managing wildfire-prone areas, collaborative tools to address fires, litigation reform, protecting communities near wildland-urban interfaces, and promoting transparency and technological innovation in forest service practices.

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, such as "Director," "fireshed," "forest plan," and "public lands," to clarify roles and areas impacted by wildfire management and land use plans. It also specifies the meaning of "Governor," "hazardous fuels management activities," and other relevant terms to assist in understanding organizational responsibilities and the scope of activities related to managing forests and responding to wildfires.

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

Summary AI

The section establishes "fireshed management areas" for 5 years following the enactment of the act, focusing on areas identified as high-risk for wildfires. These areas will be updated and re-designated every 5 years based on criteria like wildfire risk to communities, watersheds, and forest conversion, without requiring compliance with the National Environmental Policy Act.

102. Fireshed center Read Opens in new tab

Summary AI

The bill mandates the establishment of a Fireshed Center, led by representatives from various federal agencies, to improve the understanding and management of wildland fires by sharing data, coordinating efforts, and providing access to information for public use. It allows the Center to collaborate with state, local, and tribal governments, as well as private and academic institutions, to enhance its operations and services.

103. Fireshed registry Read Opens in new tab

Summary AI

The section outlines the creation and maintenance of a publicly accessible Fireshed Registry by the Secretary, through the Director of the Fireshed Center. This registry will offer detailed information on wildfire exposure, past and planned hazardous fuel management activities, and fireshed management projects to aid communities in developing wildfire protection plans. The section also mandates the maintenance of a searchable database tracking federal environmental reviews and other data related to 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 outlines the process for conducting fireshed assessments, which involve evaluating wildfire risks and identifying management projects to reduce these risks. These assessments are done jointly by the Secretary and state governors or tribes, prioritize projects that protect communities and ecosystems, and must be updated regularly and made publicly available; they are not subject to environmental policy requirements.

106. Emergency fireshed management Read Opens in new tab

Summary AI

The text outlines actions the Secretary of the Interior can take to manage forest areas to prevent fires, including removing hazardous trees, creating firebreaks, and using treatments to control disease and invasive species. It also expands certain existing forest management projects to cover larger areas and references laws that allow these projects to be carried out more quickly.

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 text modifies the Agricultural Act of 2014 to include Indian tribes in the management and usage of funds from good neighbor agreements, which involve collaboration between states, tribes, or counties for forest restoration projects. It also extends the time period for using these funds and updates the circumstances under which the changes apply.

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. ---

121. Commonsense litigation reform Read Opens in new tab

Summary AI

Courts cannot stop fireshed management projects unless the plaintiff is likely to succeed on the merits or the project poses a substantial environmental risk without any other legal solutions available. If a project doesn't pose this risk, it can be remanded to the agency to fix errors within 180 days. Claims for judicial review must be filed within 120 days of public notice, and the claimant must have participated in the project's public comment process.

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 a program jointly established by various federal agencies to help reduce wildfire risks in communities, especially those near wildland areas. The initiative focuses on improving wildfire resilience, supporting fire-resistant building practices, fostering public-private partnerships for hazard management, and providing unified financial assistance, with a portal for applying for various related grants. The program will automatically end seven years after it starts.

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

Summary AI

The Community Wildfire Defense Research Program is a joint initiative by the Secretaries to enhance wildfire protection for buildings and communities through innovative designs and materials. The program will run for seven years, prioritize scalable solutions, and include a competition that awards prizes for designs that improve fire resistance.

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 bill amends the Federal Land Policy and Management Act to extend the range for identifying hazard trees near power lines from 10 to 150 feet and requires consultation with private landowners about such trees on their property. Additionally, it establishes that project plans submitted without changes are approved automatically after 120 days, while plans with modifications need a detailed review timeline if not approved in 120 days.

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

In this section, it is required that within two years of the act's enactment, a strategy called the "Seeds of Success strategy" should be developed and implemented by the Secretaries and the Secretary of Defense. This strategy aims to improve the domestic supply chain of seeds by facilitating interagency coordination, promoting re-seeding after wildfires, sharing information, building regional plant development programs, expanding seed storage, and improving permit approval processes for seed collection on public lands.

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

Summary AI

This section outlines a program for developing biochar, a carbonized biomass product, through demonstration projects and research grants. It involves partnerships with eligible entities to study biochar's potential in conservation and job creation, with a requirement that half of the feedstock comes from forest management activities.

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

Summary AI

The bill mandates the creation of annual reports by the Secretary of Agriculture or Interior to detail hazardous fuels reduction activities on Federal lands, specifying the number of acres treated, activities completed, costs, and effectiveness in reducing wildfire risks. It also introduces standardized data tracking methods, with no extra funding provided, while requiring a Government Accountability Office (GAO) study to evaluate the system's efficacy within two years.

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

Summary AI

The section establishes a Pilot Program to promote the deployment and testing of innovative wildfire technologies by coordinating Federal agencies with private and nonprofit entities. The program prioritizes emerging technologies, encourages applications from interested entities, and requires annual reports to Congress, with the program expiring in seven 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.