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S. 1462IntroducedSenate · nowHousePresidentLawIn committee
Sec. 106 · S. 1462

Emergency fireshed management

Title I — Landscape-scale restoration › Subtitle A — Addressing emergency wildfire risks in high-priority firesheds

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No wording changed between Introduced and Committee version.

How the text changed

Introduced · Sec. 106

(a) Fireshed management projects (1) In general The Secretary, acting through a responsible official, shall carry out fireshed management projects on land under the jurisdiction of the Secretary concerned in fireshed management areas in accordance with this section, the applicable forest plan, and the laws (including regulations) applicable to the Secretary concerned. (2) Applicability of other provisions (A) In general The following shall have the force and effect of law with respect to any fireshed management project carried out in a fireshed management area: (i) Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary. (ii) Section 46.150 of title 43, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary of the Interior. (iii) Section 402.05 of title 50, Code of Federal Regulations (as in effect on April 9, 2025). (iv) Section 800.12 of title 36, Code of Federal Regulations (as in effect on April 9, 2025), except that any reference contained in that regulation to an agency official shall be considered to be a reference to a responsible official. (B) Determination of emergency (i) In general A regulation referred to in subparagraph (A) shall not apply pursuant to that subparagraph with respect to a fireshed management project unless, before carrying out the fireshed management project, a responsible official— (I) determines, in accordance with the regulation, that an emergency or emergency circumstance exists; (II) completes any documentation or identification processes required under such regulation; and (III) provides public notice of the determination of emergency and each related fireshed management project activity by publishing such determination on a website maintained by the Secretary concerned. (ii) Requirement In carrying out a fireshed management project under a regulation referred to in subparagraph (A), a responsible official shall ensure that such fireshed management project is consistent with the applicable forest plan and the laws (including regulations) and policies applicable to the Secretary concerned. (C) Further clarification A regulation referred to in subparagraph (A) shall not apply to any fireshed management project unless such fireshed management project will achieve a land management goal described in section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)). (D) Utilization of existing streamlined authorities in fireshed management areas (i) In general Not later than 2 years after the date of enactment of this Act, with respect to each fireshed management area that contains Federal land, the Secretary concerned, acting through a responsible official, shall use not fewer than 1 of the following expedited authorities for environmental review to carry out fireshed management projects: (I) Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)). (II) Section 605(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(a)). (III) Section 606(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e(b)). (IV) Section 40806(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(b)). (ii) Compliance with NEPA In applying expedited authorities for environmental review to carry out fireshed management projects under clause (i), the Secretary concerned shall ensure— (I) such project is carried out in accordance with the statute establishing the categorical exclusion applied by the Secretary concerned; (II) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (III) such project is carried out in accordance with the applicable forest plan or resource management plan and the laws and policies applicable to the Secretary concerned. (iii) Additional emergency actions The Secretary may declare an emergency pursuant to section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) for any fireshed management project. (iv) Fiscal Responsibility Act requirements In carrying out this section, the Secretary concerned shall ensure compliance with the amendments made to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38). (v) Use of other authorities To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out fireshed management projects, including— (I) good neighbor agreements under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act); (II) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act); (III) self-determination contracts and self-governance compact agreements entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and (IV) agreements entered into under the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868). (b) Expansion (1) Healthy Forests Restoration Act amendments (A) Definitions Section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502) is amended— (i) in paragraph (2), by striking 450b and inserting 5304; and (ii) by adding at the end the following: (3) Local government The term local government means— (A) a county; (B) a municipality; and (C) a special district. (4) Special district The term special district means a political subdivision of a State that— (A) has significant budgetary autonomy or control; (B) was established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest or rangeland management; and (C) is distinct from any other unit of local government within the State.. (B) Administrative review Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended— (i) in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and (ii) in paragraph (2)(B), by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV. (C) Wildfire resilience projects Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is amended— (i) in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and (ii) in paragraph (4), by striking code of Federal regulations (or successor regulations) and inserting Code of Federal regulations (or a successor regulation). (D) Greater sage-grouse and mule deer habitat Section 606 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e) is amended— (i) in subsection (a)(1)(A)— (I) by striking clause (ii); (II) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively; and (III) in clause (iii) (as so redesignated), in the matter preceding subclause (I), by striking in a sagebrush steppe ecosystem; (ii) in subsection (c), by striking concurrently for both greater sage-grouse and and inserting for greater sage-grouse or; and (iii) in subsection (g)(1), by striking 4,500 acres and inserting 7,500 acres. (2) Infrastructure Investment and Jobs Act amendment Section 40806(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)) is amended by striking 3,000 acres and inserting 10,000 acres.

•S 1462 ISSEC. 106
Committee version · Sec. 106

(a) Fireshed management projects (1) In general The Secretary, acting through a responsible official, shall carry out fireshed management projects on land under the jurisdiction of the Secretary concerned in fireshed management areas in accordance with this section, the applicable forest plan, and the laws (including regulations) applicable to the Secretary concerned. (2) Applicability of other provisions (A) In general The following shall have the force and effect of law with respect to any fireshed management project carried out in a fireshed management area: (i) Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary. (ii) Section 46.150 of title 43, Code of Federal Regulations (as in effect on April 9, 2025), with respect to land under the jurisdiction of the Secretary of the Interior. (iii) Section 402.05 of title 50, Code of Federal Regulations (as in effect on April 9, 2025). (iv) Section 800.12 of title 36, Code of Federal Regulations (as in effect on April 9, 2025), except that any reference contained in that regulation to an agency official shall be considered to be a reference to a responsible official. (B) Determination of emergency (i) In general A regulation referred to in subparagraph (A) shall not apply pursuant to that subparagraph with respect to a fireshed management project unless, before carrying out the fireshed management project, a responsible official— (I) determines, in accordance with the regulation, that an emergency or emergency circumstance exists; (II) completes any documentation or identification processes required under such regulation; and (III) provides public notice of the determination of emergency and each related fireshed management project activity by publishing such determination on a website maintained by the Secretary concerned. (ii) Requirement In carrying out a fireshed management project under a regulation referred to in subparagraph (A), a responsible official shall ensure that such fireshed management project is consistent with the applicable forest plan and the laws (including regulations) and policies applicable to the Secretary concerned. (C) Further clarification A regulation referred to in subparagraph (A) shall not apply to any fireshed management project unless such fireshed management project will achieve a land management goal described in section 604(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)). (D) Utilization of existing streamlined authorities in fireshed management areas (i) In general Not later than 2 years after the date of enactment of this Act, with respect to each fireshed management area that contains Federal land, the Secretary concerned, acting through a responsible official, shall use not fewer than 1 of the following expedited authorities for environmental review to carry out fireshed management projects: (I) Section 603(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(a)). (II) Section 605(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(a)). (III) Section 606(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e(b)). (IV) Section 40806(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(b)). (ii) Compliance with NEPA In applying expedited authorities for environmental review to carry out fireshed management projects under clause (i), the Secretary concerned shall ensure— (I) such project is carried out in accordance with the statute establishing the categorical exclusion applied by the Secretary concerned; (II) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (III) such project is carried out in accordance with the applicable forest plan or resource management plan and the laws and policies applicable to the Secretary concerned. (iii) Additional emergency actions The Secretary may declare an emergency pursuant to section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c) for any fireshed management project. (iv) Fiscal Responsibility Act requirements In carrying out this section, the Secretary concerned shall ensure compliance with the amendments made to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38). (v) Use of other authorities To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out fireshed management projects, including— (I) good neighbor agreements under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act); (II) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act); (III) self-determination contracts and self-governance compact agreements entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and (IV) agreements entered into under the Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868). (b) Expansion (1) Healthy Forests Restoration Act amendments (A) Definitions Section 3 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502) is amended— (i) in paragraph (2), by striking 450b and inserting 5304; and (ii) by adding at the end the following: (3) Local government The term local government means— (A) a county; (B) a municipality; and (C) a special district. (4) Special district The term special district means a political subdivision of a State that— (A) has significant budgetary autonomy or control; (B) was established by, or pursuant to, the laws of the State for the purpose of performing a limited and specific governmental or proprietary function primarily relating to forest or rangeland management; and (C) is distinct from any other unit of local government within the State.. (B) Administrative review Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended— (i) in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and (ii) in paragraph (2)(B), by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV. (C) Wildfire resilience projects Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591d(c)) is amended— (i) in paragraph (1), by striking 3000 acres and inserting 10,000 acres; and (ii) in paragraph (4), by striking code of Federal regulations (or successor regulations) and inserting Code of Federal regulations (or a successor regulation). (D) Greater sage-grouse and mule deer habitat Section 606 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591e) is amended— (i) in subsection (a)(1)(A)— (I) by striking clause (ii); (II) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively; and (III) in clause (iii) (as so redesignated), in the matter preceding subclause (I), by striking in a sagebrush steppe ecosystem; (ii) in subsection (c), by striking concurrently for both greater sage-grouse and and inserting for greater sage-grouse or; and (iii) in subsection (g)(1), by striking 4,500 acres and inserting 7,500 acres. (2) Infrastructure Investment and Jobs Act amendment Section 40806(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(d)(1)) is amended by striking 3,000 acres and inserting 10,000 acres.

•S 1462 RSSEC. 106

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Sec. 106: Emergency fireshed management · Public Law Tracker