S. 140

115 S140 IS: Wildfire Prevention Act of 2025
 U.S. Senate
 2025-01-16
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 140  IN THE SENATE OF THE UNITED STATES   January 16, 2025   Mr. Barrasso  (for himself,  Mr. Daines ,  Ms. Lummis ,  Mr. Sheehy , and  Mr. Risch ) introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To address the forest health crisis on the National Forest System and public lands, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   Wildfire Prevention Act of 2025  .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Accomplishments over rhetoric
Sec. 101. Accelerating treatments on Federal land.
Sec. 102. Annual reports.
Sec. 103. Transparency in hazardous fuels reduction activity reporting.
Sec. 104. Regional forest carbon accounting.
Sec. 105. Wildland fire performance metrics.
TITLE II—Forest management
Sec. 201. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way.
Sec. 202. Timber sales on National Forest System land.
Sec. 203. Categorical exclusion for high-priority hazard trees.
Sec. 204. Intervenor status.
Sec. 205. Utilizing grazing for wildfire risk reduction.
TITLE III—Cultural change in agencies
Sec. 301. Mandatory use of existing authorities.
Sec. 302. Public-private wildfire technology deployment and testbed partnership.
Sec. 303. Repeal of FLAME reports.
2.
Definitions
In this Act:
(1)
Federal land
The term  Federal land  means—
(A)
land of the National Forest System; and
(B)
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
(2)
Hazardous fuels reduction activity
(A)
In general
The term  hazardous fuels reduction activity  means any vegetation management activity to reduce the risk of wildfire, including mechanical treatments and prescribed burning.
(B)
Exclusion
The term  hazardous fuels reduction activity  does not include the awarding of a contract to conduct any activity described in subparagraph (A).
(3)
National Forest System
(A)
In general
The term  National Forest System  has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ).
(B)
Exclusion
The term  National Forest System  does not include any forest reserve not created from the public domain.
(4)
Secretary concerned
The term  Secretary concerned  means—
(A)
the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to Federal land described in paragraph (1)(A); and
(B)
the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to Federal land described in paragraph (1)(B).
(5)
Wildland-urban interface
The term  wildland-urban interface  has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ).
I
Accomplishments over rhetoric
101.
Accelerating treatments on Federal land
(a)
Baseline treatments for fuels reduction and forest health
For Federal land, the Secretary concerned shall determine—
(1)
for each of fiscal years 2019 through 2023—
(A)
the number of acres mechanically thinned, for acres commercially thinned and for acres pre-commercially thinned; and
(B)
the number of acres treated by prescribed fire; and
(2)
the average of the numbers described in subparagraphs (A) and (B) of paragraph (1) over the period of fiscal years 2019 through 2023.
(b)
Annual goals
(1)
In general
For Federal land for fiscal year 2025 and each fiscal year thereafter, the Secretary concerned shall establish annual—
(A)
mechanical thinning goals for acres commercially thinned and for acres pre-commercially thinned; and
(B)
prescribed fire goals.
(2)
Requirements
(A)
Fiscal years 2025 and 2026
For each of fiscal years 2025 and 2026, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than the number of acres described in subsection (a)(2).
(B)
Fiscal years 2027 and 2028
For each of fiscal years 2027 and 2028, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 20 percent more than the number of acres described in subsection (a)(2).
(C)
Fiscal year 2029 and subsequent fiscal years
For fiscal year 2029 and each fiscal year thereafter, the goals established under subparagraphs (A) and (B) of paragraph (1) shall be not less than 40 percent more than the number of acres described in subsection (a)(2).
(c)
Regional allotments
Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall assign annual acreage allotments for mechanical thinning and prescribed fire on Federal land, categorized by National Forest System region or by State, as appropriate.
(d)
Publication
The Secretary concerned shall make publicly available the data described in subsections (a), (b), and (c), including by publishing that data on the website of the Forest Service and the website of the Bureau of Land Management.
(e)
Savings provision
Nothing in this section shall be construed to supersede or conflict with any other provision of law, including—
(1)
section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ); and
(2)
the Wilderness Act ( 16 U.S.C. 1131 et seq. ).
(f)
Applicability of NEPA
The establishment of annual goals under subsection (b)(1) and the assignment of regional allotments under subsection (c) shall not be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
102.
Annual reports
Not later than September 30, 2025, and annually thereafter, the Secretary concerned shall publish on a public website of the Forest Service and a public website of the Bureau of Land Management the following information with respect to the Federal land during the preceding fiscal year:
(1)
The number of acres treated pursuant to section 40803(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(b) ).
(2)
(A)
The number of acres mechanically thinned;
(B)
the number of acres treated by prescribed fire; and
(C)
whether the number of acres described in subparagraphs (A) and (B) met or exceeded the acres described in section 101(b)(2).
(3)
Any limitations or challenges, including litigation or delays in the preparation of environmental documentation, that hindered the Secretary concerned from meeting or exceeding the annual goals established under section 101(b)(1), if applicable.
(4)
The number of acres that have undergone a regeneration harvest.
(5)
The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that are in an area identified as having—
(A)
the expectation that, without remediation, at least 25 percent of standing live basal area greater than 1 inch in diameter may die over a 15-year time frame due to insects and diseases, as depicted on the National Insect and Disease Composite Risk Map; or
(B)
a very high or high wildfire hazard potential.
(6)
The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) that use either of the following streamlined authorities for environmental review:
(A)
A categorical exclusion.
(B)
An emergency action authority of the Secretary concerned.
(7)
The number of acres described in subparagraphs (A) and (B) of paragraph (2) and paragraph (4) with respect to which partners are used to carry out the work through—
(A)
a good neighbor agreement under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a );
(B)
a master stewardship agreement;
(C)
a contract or agreement entered into under the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ); or
(D)
a stewardship end-result contract.
103.
Transparency in hazardous fuels reduction activity reporting
(a)
Inclusion of hazardous fuels reduction report in materials submitted in support of the President’s budget
(1)
In general
The Secretary concerned shall include in the materials submitted in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report describing—
(A)
for each of fiscal years 2025 through 2030, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using—
(i)
the methodology of the Secretary concerned in effect on the day before the date of enactment of this Act; and
(ii)
the methodology described in paragraph (2); and
(B)
for fiscal year 2031 and each fiscal year thereafter, the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each of the preceding 6 fiscal years, as assessed by the Secretary concerned using the methodology described in paragraph (2).
(2)
Requirements
For purposes of the reports required under paragraph (1), the Secretary concerned shall—
(A)
in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during each fiscal year covered by the report—
(i)
record acres of Federal land on which hazardous fuels reduction activities were completed during each such fiscal year; and
(ii)
record each acre described in clause (i) once in the report with respect to a fiscal year, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such fiscal year; and
(B)
with respect to the acres of Federal land recorded in the report, include information on—
(i)
which such acres are located in the wildland-urban interface;
(ii)
the level of wildfire risk (high, moderate, or low) on the first and last day of each fiscal year covered by the report;
(iii)
the types of hazardous fuels reduction activities completed for such acres, delineating between whether such activities were conducted—
(I)
in a wildfire managed for resource benefits; or
(II)
through a planned project;
(iv)
the cost per acre of hazardous fuels reduction activities carried out during each fiscal year covered by the report;
(v)
the region or System unit in which the acres are located; and
(vi)
the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire.
(3)
Transparency
The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the website of the Department of Agriculture and the Department of the Interior, as applicable.
(b)
Accurate data collection
(1)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data relating to hazardous fuels reduction activities carried out by the Secretary concerned.
(2)
Elements
The standardized procedures required under paragraph (1) shall include—
(A)
regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities;
(B)
verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned;
(C)
an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and
(D)
for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface.
(3)
Report
Not later than 14 days after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—
(A)
such standardized procedures; and
(B)
program and policy recommendations to Congress to address any limitations in tracking data relating to hazardous fuels reduction activities under this subsection.
104.
Regional forest carbon accounting
Not later than September 30, 2025, and every 3 years thereafter, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
(1)
using data from the forest inventory and analysis program, determine the net forest carbon balance on the land in the National Forest System of each Forest Service region, including whether the National Forest System land is—
(A)
a carbon source; or
(B)
a carbon sink; and
(2)
publish the information described in paragraph (1) on the website of the Forest Service.
105.
Wildland fire performance metrics
(a)
In general
Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall submit to the committees of Congress described in subsection (c) a report on existing key performance indicators and potential outcome-based performance measures to reduce wildfire risk on Federal land.
(b)
Inclusions
The report submitted under subsection (a) shall identify solutions to track the implementation and effectiveness of hazardous fuels reduction activities and forest restoration treatments, including strategies—
(1)
to track whether land management activities are reducing wildfire hazards and ways to quantify and track acres in maintenance status;
(2)
to track place-based and locally led outcomes;
(3)
to standardize national-level monitoring measures;
(4)
to quantify catastrophic wildfire risk reduction;
(5)
to identify modeling and data challenges that are preventing the transition to annual wildfire risk mapping updates; and
(6)
to integrate advanced technologies or a combination of technologies and analyses that will benefit the quality of information reported.
(c)
Committees of Congress described
The committees of Congress referred to in subsection (a) are—
(1)
the Committee on Energy and Natural Resources of the Senate;
(2)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(3)
the Committee on Natural Resources of the House of Representatives; and
(4)
the Committee on Agriculture of the House of Representatives.
II
Forest management
201.
Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way
(a)
Hazard trees within 50 feet of electric power line
Section 512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772(a)(1)(B)(ii) ) is amended by striking  10  and inserting  50 .
(b)
Permits and agreements with owners and operators of electric transmission or distribution facilities
Section 512 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772 ) is amended—
(1)
in the section heading, by striking
managment   and inserting
management  ;
(2)
by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
(3)
by inserting after subsection (i) the following:
(j)
Permits and agreements with owners and operators of electric transmission or distribution facilities
(1)
In general
In any special use permit or easement on National Forest System or Bureau of Land Management land provided to the owner or operator of an electric transmission or distribution facility, the Secretary concerned may provide permission to cut and remove trees or other vegetation from within the vicinity of the electric transmission or distribution facility without requiring a separate timber sale, if that cutting and removal is consistent with—
(A)
the applicable plan;
(B)
the applicable land and resource management plan or land use plan; and
(C)
other applicable environmental laws (including regulations).
(2)
Use of proceeds
A special use permit or easement that includes permission for cutting and removal described in paragraph (1) shall include a requirement that, if the owner or operator of the electric transmission or distribution facility sells any portion of the material removed under the permit or easement, the owner or operator shall provide to the Secretary concerned any proceeds received from the sale, less any transportation costs incurred in the sale.
(3)
Effect
Nothing in paragraph (2) shall require the sale of any material removed under a permit or easement that includes permission for cutting and removal described in paragraph (1).
 .
202.
Timber sales on National Forest System land
Section 14(d) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(d) ) is amended, in the first sentence, by striking  $10,000  and inserting  $55,000 .
203.
Categorical exclusion for high-priority hazard trees
(a)
Definitions
In this section:
(1)
High-priority hazard tree
The term  high-priority hazard tree  means a standing tree that—
(A)
presents a visible hazard to people or Federal property due to conditions such as deterioration of or damage to the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary;
(B)
is determined by the Secretary to be highly likely to fail and, if it failed, would be highly likely to cause injury to people or damage to Federal property; and
(C)
is—
(i)
within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5;
(ii)
along a National Forest System trail; or
(iii)
in a developed recreation site on National Forest System land that is operated and maintained by the Secretary.
(2)
High-priority hazard tree activity
(A)
In general
The term  high-priority hazard tree activity  means a forest management activity that mitigates the risks associated with high-priority hazard trees, which may include pruning, felling, and disposal of those high-priority hazard trees.
(B)
Exclusions
The term  high-priority hazard tree activity  does not include—
(i)
any activity conducted in a wilderness area or wilderness study area;
(ii)
any activity for the construction of a permanent road or permanent trail;
(iii)
any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
(iv)
any activity conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or
(v)
any activity conducted in an inventoried roadless area.
(3)
Secretary
The term  Secretary  means the Secretary of Agriculture.
(b)
Categorical exclusion
(1)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e )) for high-priority hazard tree activities.
(2)
Administration
In developing and administering the categorical exclusion under paragraph (1), the Secretary shall—
(A)
comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
(B)
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.
(3)
Project size limitation
A project carried out using the categorical exclusion developed under paragraph (1) may not exceed 3,000 acres.
204.
Intervenor status
(a)
In general
For purposes of a civil action relating to a qualified project described in subsection (b), a unit of local government or an Indian Tribe shall be—
(1)
entitled to intervene, as of right, in any subsequent civil action; and
(2)
considered to be a full participant in any settlement negotiation relating to the qualified project if the unit of local government or Indian Tribe, as applicable, intervenes.
(b)
Description of qualified project
A qualified project referred to in subsection (a) is a project that—
(1)
is located on Federal land adjacent, or with sufficient minimum contacts, as determined by the Secretary concerned, to the land under the jurisdiction of the unit of local government or Indian Tribe, as applicable;
(2)
has been approved by the Secretary concerned; and
(3)
(A)
reduces the risk posed by wildfire, insect, or disease; or
(B)
generates revenue from the harvesting of timber.
205.
Utilizing grazing for wildfire risk reduction
(a)
In general
Not later than 18 months after the date of enactment of this Act, the Secretary concerned shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a strategy to analyze and identify opportunities to use livestock grazing as a wildfire risk reduction tool on Federal land, consistent with the laws applicable to the Secretary concerned.
(b)
Inclusions
The strategy developed under subsection (a) shall include an analysis of—
(1)
opportunities—
(A)
to increase the use of any authorities applicable to livestock grazing, including modifications to grazing permits or leases to allow variances;
(B)
to use targeted grazing to reduce hazardous fuels;
(C)
to integrate advanced technologies to dynamically adjust livestock placement;
(D)
to increase the use of livestock grazing to eradicate invasive annual grasses and as a post-fire restoration and recovery strategy, as appropriate; and
(E)
to facilitate and expedite the temporary use of vacant allotments during extreme weather events or natural disasters; and
(2)
any other opportunities determined to be appropriate by the Secretary concerned.
(c)
Effect on existing grazing programs
Nothing in this section affects—
(1)
any livestock grazing program carried out by the Secretary concerned as of the date of enactment of this Act; or
(2)
any statutory authority for any program described in paragraph (1).
III
Cultural change in agencies
301.
Mandatory use of existing authorities
Not later than 3 years after the date of enactment of this Act, with respect to each unit of Federal land that contains land described in section 102(5), the Secretary concerned shall use not fewer than 1 of the following streamlined authorities for environmental review:
(1)
Section 603(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(a) ).
(2)
Section 605(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(a) ).
(3)
Section 606(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591e(b) ).
(4)
Section 40806(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(b) ).
(5)
Section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c ).
(6)
Section 207 of the Wildfire Suppression Funding and Forest Management Activities Act ( 16 U.S.C. 6591c  note;  Public Law 115–141 ).
302.
Public-private wildfire technology deployment and testbed partnership
(a)
Definitions
In this section:
(1)
Appropriate committees
The term  appropriate committees  means—
(A)
the Committees on Agriculture, Nutrition, and Forestry, Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate; and
(B)
the Committees on Agriculture, Natural Resources, and Science, Space, and Technology of the House of Representatives.
(2)
Covered agency
The term  covered agency  means—
(A)
each Federal land management agency (as defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ));
(B)
the Department of Defense;
(C)
the National Oceanic and Atmospheric Administration;
(D)
the United States Fire Administration;
(E)
the Federal Emergency Management Agency;
(F)
the National Aeronautics and Space Administration;
(G)
the Bureau of Indian Affairs; and
(H)
any other Federal agency involved in wildfire response.
(3)
Covered entity
The term  covered entity  means—
(A)
a private entity;
(B)
a nonprofit organization; and
(C)
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )).
(4)
Pilot Program
The term  Pilot Program  means the deployment and testbed pilot program established under subsection (b).
(5)
Secretaries
The term  Secretaries  means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.
(b)
Establishment
Not later than 60 days after the date of enactment of this Act, the Secretaries, in coordination with the heads of the covered agencies, shall establish a deployment and testbed pilot program for new and innovative wildfire prevention, detection, communication, and mitigation technologies.
(c)
Functions
In carrying out the Pilot Program, the Secretaries shall—
(1)
incorporate the Pilot Program into an existing interagency coordinating group on wildfires;
(2)
in consultation with the heads of covered agencies, identify key technology priority areas with respect to the deployment of wildfire prevention, detection, communication, and mitigation technologies, including—
(A)
hazardous fuels reduction activities or treatments;
(B)
dispatch communications;
(C)
remote sensing and tracking;
(D)
safety equipment; and
(E)
common operating pictures or operational dashboards; and
(3)
connect each covered entity selected to participate in the Pilot Program with the appropriate covered agency to coordinate real-time and on-the-ground testing of technology during wildland fire mitigation activities and training.
(d)
Applications
To participate in the Pilot Program, a covered entity shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require, which shall include a proposal to test technologies specific to key technology priority areas identified under subsection (c)(2).
(e)
Prioritization of emerging technologies
In selecting covered entities to participate in the Pilot Program, the Secretaries shall give priority to covered entities developing and applying emerging technologies that address issues identified by the Secretaries, including artificial intelligence, quantum sensing, computing and quantum-hybrid applications, augmented reality, and 5G private networks and device-to-device communications supporting nomadic mesh networks, for wildfire mitigation.
(f)
Outreach
The Secretaries, in coordination with the heads of the covered agencies, shall make publicly available the key technology priority areas identified under subsection (c)(2) and invite covered entities to apply to test and demonstrate their technologies to address those priority areas.
(g)
Reports and recommendations
Not later than 1 year after the date of enactment of this Act, and each year thereafter for the duration of the Pilot Program, the Secretaries shall submit to the appropriate committees a report that includes the following with respect to the Pilot Program:
(1)
A list of participating covered entities.
(2)
A brief description of the technologies tested by such covered entities.
(3)
An estimate of the cost of acquiring the technology tested in the Pilot Program and applying it at scale.
(4)
Outreach efforts by Federal agencies to covered entities developing wildfire technologies.
(5)
Assessments of, and recommendations relating to, new technologies with potential adoption and application at-scale in the wildfire prevention, detection, communication, and mitigation efforts of Federal land management agencies (as defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 )).
(h)
Termination
The Pilot Program shall expire on the date that is 7 years after the date of enactment of this Act.
303.
Repeal of FLAME reports
Section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a ) is amended—
(1)
by striking subsection (h); and
(2)
by redesignating subsection (i) as subsection (h).